WASHINGTON – U.S. Rep. Benjamin L. Cardin today wrote the Bureau of Indian Affairs (BIA) strongly opposing an application by the Delaware Nation of Oklahoma to acquire land in Anne Arundel County for use as a landfill. The Congressman strongly objected to the Halle Corporations’ attempt to circumvent Anne Arundel County and state environmental regulations regarding landfills by selling the land to the Oklahoma tribe.

The BIA, which has jurisdiction over Indian affairs, must approve the sale. If the BIA approves the sale of the 500-acre Odenton site located off Patuxent Rd. to the Oklahoma tribe it would become federal property, no longer under the jurisdiction of state or county regulations.

In his letter to the BIA, Rep. Cardin stressed 15 years of strong community opposition to the landfill, saying: "For 15 years the community has fought tirelessly against the Halle Corp. for a variety of environmental and neighborhood concerns. The steps of circumventing local and state regulations is only serving to further erode the relationship between the Halle Corp. and the community, and bodes poorly for a future relationship with the Delaware Nation, should the application be approved."

In his letter to the BIA, the Congressman also noted that Maryland Gov. Bob Ehrlich and Anne Arundel County Executive Janet Owens both oppose the sale of the Odenton site to the Oklahoma tribe.

May 25, 2004

Dear Mr. Meneely:

I write to oppose approval of the application by the Delaware Nation of Oklahoma to acquire land in Anne Arundel County, Maryland for use as a landfill. I have carefully reviewed the application made by the tribe, applicable U.S. Code of Federal Regulations governing this process, as well as comment letters from Anne Arundel County Executive Janet Owens and Maryland Governor Robert Ehrlich. While there may be legitimate concerns about the economic plight of the Nation, I do not believe that a project located over 1500 miles away from their current home is a feasible solution, and I oppose the acquisition.

The Delaware Nation has no substantiated aboriginal ties to Anne Arundel County. Research done by Dr. Marshall Becker, Prof. of Anthropology at West Chester University and submitted to the BIA by Gov. Ehrlich’s office clearly states that "the history of the native peoples who were living on the Delaware River and along the Delaware Bay...provides no support for any of the claims made in this application."

Furthermore, while such an arrangement may provide some small economic benefit to the Tribe, it would mainly serve to economically benefit a local developer, the Halle Corporation, that has been trying to develop this land into a rubble landfill for the past 15 years. In a community meeting on May 11, 2004, a representative for the Halle Corporation stated that the company was tired of fighting Anne Arundel County, and was prepared to use the Bureau of Indian Affairs as a way to sidestep local regulations.

Such landfills are heavily regulated in the state of Maryland to ensure environmentally sound practices. However, by sidestepping local regulations, the landfill would only be subject to the federal Environmental Protection Agency’s (EPA) regulations, which are much less stringent. As the land is in close proximity to several neighborhoods and the Little Patuxent River and its tributaries, careful environmental management through state and local regulations is critical.

Additionally, the community overwhelmingly opposes such an acquisition. For the past 15 years they have fought tirelessly against the Halle Corporation for a variety of environmental and neighborhood concerns. This step of circumventing local and state regulations is only serving to further erode the relationship between the Halle Corporation and the community, and bodes poorly for a future relationship with the Delaware Nation of Oklahoma, should the acquisition be approved.

Based on my review of the expert evidence provided by state and local officials, applicable federal relations, the application submitted by the Delaware Nation of Oklahoma, and the strong community sentiment, it is quite clear to me that the application of the Delaware Nation of Oklahoma should be rejected by the BIA.

Thank you for your thorough review and consideration of the issue. I look forward to your decision.

                                                              Sincerely,

                                                               Benjamin L. Cardin
                                                               Member of Congress