Legacy funds might go to Fond du Lac Chippewa band after all ...

A dispute over whether Minnesota Legacy Amendment tax dollars should be used to help an Indian band buy land on its reservation might be easing.

With an apparent reversal of opinion by at least one member of the Lessard-Sams Outdoor Heritage Council, the Fond du Lac Band of Lake Superior Chippewa edged closer to being recommended to get $1.7 million in Legacy funds to protect a 440-acre parcel of land near the St. Louis River in northeastern Minnesota -- if the money becomes available.

The change of stance by state Rep. Denny McNamara, R-Hastings, follows a recent meeting among council Chairman David Hartwell, band Chairwoman Karen Diver, a band attorney and two staff members of the band's Resource Management division.

In a 7-5 vote Sept. 21, the council denied the band's request for the money to buy the land, which includes an 80-acre lake and 83 acres of wetlands. McNamara was the main voice of opposition in discussion leading up to the vote.

The affirmative rejection of the project -- an uncommon move by the council -- prompted Diver to object in writing. In a letter, she accused the council of failing to follow its own criteria for recommending projects, alleged the result was "punitive and discriminatory" and suggested a "constructive path forward." She said the denial was because of treaty rights band members have that have been upheld by courts.

During the Sept. 21 meeting, McNamara specifically objected to those treaty rights -- which allow band

members to hunt and fish under a separate set of rules than nonmembers -- being in effect on the parcel. He said it would set a "precedent" for Legacy dollars.

A staff member corrected him during the meeting: The 1854 treaty rights extend over a wide swath of the Arrowhead and are in effect for other lands that have been bought with Legacy tax proceeds. The band previously had agreed in writing that even though it would own the land, it would agree to all other terms that go with every other Legacy project, including public access for everyone. The Fond du Lac reservation's borders are not closed. The parcel is privately owned and being marketed for private development.

In an interview Wednesday, Oct. 17, McNamara maintained he wasn't aware the project wasn't precedent-setting when he voted against it. "I didn't understand that we had already been buying within the ceded territory," he said. "I was understanding that was going down new territory, and that's not the case. That changes it."

McNamara said he expects that the Legacy Amendment sales tax, approved by voters in 2008, will raise more money this year than the $92 million previously forecast. He said he would support putting that money toward the Fond du Lac project.

"I like the project," he said. "We'll see how the next forecast is."

Hartwell described his meeting with Diver as "constructive" and cordial.

"There was no direct talk of litigation," he said. "They could have taken a much harsher approach. I think they really want to see themselves as potential full partners over time."

In an interview Thursday, Diver said it's premature to speculate about whether the project might now get funded, but she said she was encouraged by the meeting with Hartwell.

"We're hopeful the board will take the time to address any misconceptions they may have," Diver said.

What was new about the Fond du Lac's request was that it was the first time a sovereign nation had requested Legacy money to buy land within its reservation. That was explained to McNamara shortly before members voted Sept. 21.

When asked about that in the recent interview, McNamara said: "What's the difference? It's going to be open to the public. If that was the reason we were doing it, then it would be wrong. We can't tell one group -- Becker County or Dakota County -- one thing, and then another group another thing."

Dave Orrick can be reached at 651-228-5512. Follow him at twitter.com/OutdoorsNow.

Source: http://www.twincities.com/sports/ci_21811914/legacy-funds-might-go-fond-du-lac-chippewa?source=rss

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