On January 22, 2004 the Ho-Chunk Nation announced that it would not sign a Memorandum of Understanding agreement that assigned the Nation 420 acres within the over 7,000 acres of the former Badger Army Ammunitions Plant near Baraboo, WI.  The announcement was made at a meeting with members of the Badger Intergovernmental Group held in Baraboo.

Since August 2001 the Nation has been part of the Badger Intergovernmental Group working to divide the land at the decommissioned site, ceded to the Federal Government by the Winnebago Tribe in the 1830’s.  Put in charge of the distribution, the General Services Administration originally offered the Nation 1500 acres of “clean” land at the site, but the new proposal instead offers those acres to the Wisconsin Department of Natural Resources, leaving the Nation 420 acres at a different location within the site.  The BIA approved placing the original allotment into trust status but recent events could cause the entire “reuse plan” to be evaluated.

Legislative Attorney, Ken Artis noting that the “Nation has the BIA’s backing on this,” stated the proposed property shift is not acceptable, adding, “that we’re not going to roll over and take whatever they give us.”  Concerned that both the quantity and condition of the land offered differs from the original agreement, Artis is concerned that accepting the proposal would not allow the Nation to fulfill its plan for the site.  He added that the Wisconsin Department of Natural Resources has provided no legal description of why they should get the land, and we “can’t find any legal reason why the DNR was is being given the land.”  He emphasized that because the Ho-Chunk Nation qualifies as a Federal Agency, as a point of law, the Nation should have the first priority when the General Services Administration divides land no longer being used by the Federal Government.

As part of expanding its bison herd, the Nation would like to house some of its bison at the site but Artis noted that  some of the acres being offered are contaminated and would not be suitable for raising bison.  Area IV legislator Gerald Cleveland earlier said that in addition to housing bison, “we would like to find the land value and exchange it for something,” However if a portion of the property were to be exchanged for other lands in Wisconsin, the Nation is concerned that the DNR would still like oversight on those properties.

Several tribal members present at the meeting responded to General Services Administrations Realty Officer Mark Lundgren’s charges that the Nation’s failure to participate in earlier meetings led to the current stalemate.  Voicing concern that the Nation’s past presence in the area was not considered when dividing the land, Preston Thompson believes “that there is a misunderstanding of value systems” and said that the Nation’s cultural reasons for wanting the property “have been completely ignored.”  “We’re trying to preserve something that’s sacred to us,” agreed Nettie Kingsley, a member of the Cultural Resource Division, who with others has found that the property has significant cultural attributes.  “We don’t understand why the group is not sensitive to our heritage,” she said.

In a brief informational session held prior to the meeting, Area II legislator, Wade Blackdeer stated the Nation’s main objective “is to get the land back.”  During the meeting Area IV legislator, Christine Funmaker-Romano expressed fear that the issue could be a repeat of Native people fighting for their land.  She stressed that that the Ho-Chunk Nation merely requests a fair share of the property and that the current offer is not acceptable.  “No one in their right mind would ever settle for that,” she said, referring to the parcel now being offered.

At-large representative, John Dall noted that although the Nation has the legal right to ask for all the land that was ceded, it has been willing to compromise as part of its “government to government” relationship.  He too questioned why the General Services Administration assigned the Nation a different parcel.  “I thought we had agreed” he said.

While the Nation still wants to be a part of the negotiating process, Artis stated that the Nation would still like the 1500 acres proposed in the original agreement.  He said that because the Nation has a legal claim to the property, as specified in treaties regarding land the U.S. government has no more use for, “we won’t back down.”  He added that if the Nation were to back down on the right to take back what’s theirs, other tribes’ rights might later be ignored on similar land issues.  Giving in, he fears, could be setting a bad precedent.  Artis concluded that although the Nation would like the issue settled and is willing to resume negotiations, for now “the ball is in their court.”