Lac du Flambeau gets answers from Evers regarding road issue

Gov. Tony Evers has responded to questions posed by Lac du Flambeau town chairman Matt Gaulke  regarding the town’s ongoing dispute with the Lac du Flambeau Band of Lake Superior Chippewa Indians regarding expired easements on tribal land on four roads: Annie Sunn Lane, Center Sugarbush Lane, East Ross Allen Lake Lane and Elsie Lake Lane.

The town has also posed the questions to other elected officials as well as government agencies. 

For the most part, Evers indicated he wouldn’t be much help, as the state is not a party to the dispute, but would do what he can.

In his first question, Gaulke asked if support would be there for “legislation to facilitate the transfer of land to the town as part of the dispute settlement that would eventually be conveyed to the tribe?”

“I understand the parcels the town has identified to this point are Board of Commissioners of Public Lands (BCPL) land,” Evers wrote in a letter to Gaulke dated Sept. 16. “Legislative changes would not be necessary to accomplish the sale of these lands to the town directly. The state is not a party to this dispute, has never been a party to this dispute and therefore should not be the majority party responsible for providing financial relief. That said, if there are other specific proposals, my staff is available to discuss those in detail to better understand if legislation would be needed, and under what circumstances I may be able to support any legislation if required.”

The second question Gaulke asked was with regard to “support of legislation for appropriations of monetary value” to assist the town in a settlement with the tribe

 Evers responded by noting that  he signed into law “a generational increase to shared revenue as 2023 Wisconsin Act12.”

“The act provides historic shared revenue increases and ties local government funding to the state sales tax going forward, allowing for growth in the future,” he wrote.“On average, towns across Wisconsin saw a 158% increase versus prior County and Municipal Aid. The Town of Lac du Flambeau, in particular, saw a more than 200% increase.”

According to town clerk Susan Schoonover, as a result of the legislation, revenue for the town this year is just over $133,000. 

“In addition, I used my veto power to ensure that towns, including the Town of Lac du Flambeau, were eligible to receive funds from the state to assist communities in mitigating the changes in property tax burden following the decision in Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin v. Evers.”

The legislature’s Joint Finance Committee, Evers wrote, approved a distribution of funds that included funds for the town of Lac du Flambeau. 

“In this current situation, the title companies and the town have an important role to play in financing a solution to this dispute,” Evers wrote. “Again, the state is not a party to this dispute. While I am willing to consider ways the state may be able to help bridge a small gap or explore creative solutions, I need to see evidence that the town and the title companies involved are making meaningful contributions to a reasonable solution before discussions about state support can be productive.” 

State senator Mary Felzkowski acknowledged at the Aug. 23 town board meeting that Evers was frustrated with the situation but also said with $290 million in federal funding still available to the state through the American Rescue Plan Act (ARPA), Evers “could end this tomorrow.”

Gaulke’s next question had to do with whether the Evers administration “would be able to facilitate law enforcement intervention or an injunction to ensure the barricades (on the roads) are not erected until a resolution is reached? “

“State law enforcement officers do not have the authority to remove barriers legally placed by a sovereign nation on their lands,” Evers responded. “As you know, my staff and I have offered resources, including a list of professional mediators, for over a year now. The parties have not engaged in mediation or meaningful conversations about a permanent resolution.”

He then referred to legal cases, including one case seeking an injunction against barricades that have been filed “and have not been resolved in the town’s favor.” 

Evers also mentioned the lawsuit against the town brought by the United States Department of Justice “on behalf of the tribe” that’s pending.

“I — once again — urge all parties to mediate this dispute with a qualified and respected mediator, which I am hopeful could bring the resolution that law enforcement intervention and the thus-far-filed court cases have failed to bring,” he concluded. 

During the Aug. 23 town meeting Gaulke asked if those being asked the questions would “commit a written response in two weeks regarding these issues.” 

The Evers response arrived a little more than three weeks after the meeting. 

As of Monday, Sept. 16,  the town hadn’t received any other responses from any other individual or agency who was asked to respond. 

Gaulke told The Lakeland Times  he had no comment regarding the Evers responses to the questions.

State Representative Rob Swearingen told the Times on Sept. 13 he and Felzkowski were planning to release a joint response to Gaulke’s questions. 

Brian Jopek may be reached via email at [email protected].