Responding to a request from the Bureau of Indian Affairs for information about the Quapaw Tribe of Oklahoma’s December 23 application to have land it owns east of Little Rock, Arkansas placed into federal trust, Pulaski County Judge Barry Hyde said he was against the action.
The 160 acres in question holds tribal artifacts and gravesites. When the Quapaws purchased the property in 2013, tribal leaders said they had no plans to build a casino there, but they did not say they would never build one and nothing in state law would prevent it. They said they were applying for land-trust status to protect the property against being sold or transferred.
The BIA had asked Hyde for information about how much the tribe pays in annual taxes on the land, what government services are provided and what zoning laws affect it. Hyde wrote, “I’m the elected official over Pulaski County, and this parcel of land is in the boundaries of Pulaski County. I think that I have to resist any portion of my jurisdiction being removed from state and county jurisdiction. That’s the long and short of it.”
In the 31-page letter, the county’s attorneys state the Quapaw Tribe of Oklahoma does not qualify for an on-reservation application since if it does not have “governmental jurisdiction” over the land. The letter also notes the Quapaws said they will continue to lease the land to a soybean farmer, so their argument for economic development is meaningless. In addition, no tribal members live on the property, so putting the land in trust would not promote tribal self-determination, as the Quapaw application stated.
Quapaw Tribal Chairman John Berrey naturally disagreed with Hyde. “The Quapaw Tribe has submitted an application that satisfies all of the requirements for this process. Throughout this process, the Quapaw Tribe has been very transparent and open, and has consulted extensively with local governments and the community, and this has not changed. We recognize that federal Indian law is complex and very difficult to understand,” Berry said.
He also expressed frustration that it was automatically assumed the tribe wanted a casino on the land. A BIA official said tribes usually indicate on their trust applications that they plan to build a casino. He said a tribe would have to complete a separate, more detailed application process later for a casino, including public comment.
Hyde also said Arkansas law would be more helpful regarding protecting tribal gravesites on the land. He said unlike Arkansas, the federal government does not have any laws that specifically protect cemeteries.
Despite Hyde’s opposition to the Quapaws’ land-trust application, other community leaders support it. Former County Judge Buddy Villines previously wrote that Pulaski County would support the application since the application did not indicate the tribe would seek a casino. Vilonia Mayor James Firestone and former Arkansas Attorney General Dustin McDaniel also wrote letters in support.
