Sun Prairie owes Tribe

ROSEBUD - The pork production facility located on Tribal trust land in Mellette County is currently "empty of any hogs" according to a letter from the Superintendent of the Rosebud Agency addressed to President Rodney Bordeaux. A visual inspection of the facility was conducted by the BIA earlier this month.

In addition, "lease rental and well usage payment remains past due for the period of April 1, 2008 through September 30, 2008 in the amount of $67,500.00." Sun Prairie operates two sites at the hog farm and was sent two certified letters requesting immediate payment. Invoices for the period October 1, 2008 through March 31, 2009 have not yet been sent to the operator.

The Rosebud Sioux Tribal Council has requested a meeting with an attorney to determine whether or not to cancel the land lease with Sun Prairie. One issue that requires legal clarification is responsibility for the site if the lease were cancelled.

"If the BIA moved to cancel the lease, what position would that leave the tribe in as far as responsibility for cleanup?" District 5 representative Michael Boltz, Sr. asked.

That question is why the issue needs to be discussed with an attorney. "If we cancel the lease then we need to know who is left with the facility digester," stated BIA Superintendent Cleve Her Many Horses.

"We are giving these leasers a lot of leeway in terms of paying," stated District 11 representative Russell Eagle Bear. "Any other person behind in lease payments would be given notice of cancellation and impending court action to collect the money."

The hog farm lease was executed between the Tribe and Sun Prairie in September 1998. In January 1999, then Assistant Secretary of the Interior Ken Gover voided the lease after a federal lawsuit was filed by several interveners, consisting of environmental and public interest groups, in the District of Columbia. The case was subsequently dismissed and construction of the facility was to be halted.

The tribe then filed in District court challenging Gover's authority to cancel the lease. An injunction was granted which allowed construction of the facility to continue.

However, a newly elected tribal council later decided to align themselves with the interveners and subsequently wanted Gover's action cancelling the lease upheld. In 2002, the original complaint was dismissed by the 8th Circuit Court of Appeals. The tribe was ordered to allow Sun Prairie to construct and operate the facility.