Legislation filed in Kansas would transfer Shawnee Indian Mission site to Shawnee Tribe
Debate continues between Shawnee Tribe, City of Fairway, and State Historical Society about future use of national, state landmark
Debate continues between Shawnee Tribe, City of Fairway, and State Historical Society about future use of national, state landmark
Two identical bills in the Kansas statehouse propose the state should transfer ownership of the Shawnee Indian Mission in Fairway to the Shawnee Tribe.
The legislation is the latest step in a fierce debate over the future of the national and state historical landmark near West 53rd Street and Mission Road in Fairway.
The Shawnee tribe has pushed to uncover a deeper history about the treatment of native children at the site’s former boarding school along with repairing and restoring the property’s three standing buildings.
The buildings originally served as a mission and boarding school for native children from at least 22 different tribes. The site also serves as a landmark for notable Kansas historical events. The tribe says the site’s three remaining buildings are in deteriorating condition and last month released a plan to restore them.
PREVIOUS REPORTING
- Shawnee Indian Mission in “overall distressed condition,” according to Shawnee Tribe report
- Disagreement over future of Shawnee Indian Mission ownership continues with letter describing condition of property
- Two native tribes, state, city officials debate control of Shawnee Indian Mission site
- Shawnee Tribe releases $15M plan to restore Shawnee Indian Mission
- Meeting scheduled to discuss future of Shawnee Indian Mission after scrutiny over radar study
But, city of Fairway leadership and the Kansas Historical Society have launched strong opposition to the tribe’s proposal, saying the site is not in as bad of a condition as the tribe describes.
Fairway’s city administrator Nathan Nogelmeier has recently sent out nearly weekly communications to residents about the tribe’s efforts. Nogelmeier and Mayor Melanie Hepperly have also started discussions with state lawmakers about the site’s future.
City and state historical society leaders have maintained they are the best stewards of the site into the future.
The Kaw Nation also last month released formal opposition to any sort of transfer to the Shawnee Tribe.
The bills, introduced in both the house and senate this week, ask the Kansas Historical Society to convey the nearly 12 acres of land for the Shawnee Indian Mission to the Shawnee Tribe.
Representative Adam Thomas (R-Olathe) introduced the legislation in the house. The bill was introduced by the Committee on Federal and State Affairs in the senate.
“If you've ever had a sit down or conversation with the folks of the Shawnee Tribe, all they want to do is preserve their history and their legacy,” Thomas said.
Thomas, whose great grandmother was born on a native reservation, said he is continuing to work with other legislators to gather support for the bill to transfer ownership of the site to the Shawnee Tribe.
“I think if the legislature can help them and get this mindset of all they care about is building casinos out of their heads, I think we could really do a lot to help these people and also keep their legacy alive by restoring of their property,” he said.
STRONG DEBATE OVER FUTURE USE OF LAND
The legislation proposes the Shawnee Tribe would pay for all costs related to the transfer of ownership of the Shawnee Indian Mission. The bills also include language that the land and any adjacent land “shall not be used as a casino or other gaming facility.”
“No, we will never have a casino or any economic development at this site,” Shawnee Tribe Chief Ben Barnes told KMBC 9 Investigates last month, saying the tribe designated the site as sacred in 2020.
“Our children were taken from their homes, put into these buildings, forced to assimilate, they underwent some terrible things there,” he said. “We need to tell their story.”
Barnes responded directly to questions raised by the City of Fairway in recent communications with city residents highlighting how the city and state could lose jurisdiction of the site if the Shawnee Tribe takes over.
“The state and city would have no jurisdiction and no ability to intervene on how the Shawnee Tribe uses the Mission land, whether it be for historic preservation, housing, economic development or even a casino,” the city administrator Nathan Nogelmeier released in an announcement last month.
Thursday, in another announcement to city residents, Nogelmeier challenged whether prohibitive language in the bill would stop the tribe from building any sort of casino, citing several legal analyses provided to the city.
KMBC has asked to see copies of the legal analyses mentioned in the letter. Nogelmeier said he is checking with city legal staff to determine what is releasable.
“To be clear, the City of Fairway has never publicly stated that Chief Barnes and the Shawnee Tribe intend to immediately pursue gaming on the site,” he said in the letter to Fairway residents Thursday. “However, we have communicated that if the Shawnee Tribe were to acquire the site, state and local jurisdiction could be severely limited, and in some circumstances, extinguished all together.”
RESPONSE FROM SHAWNEE TRIBE, CITY OF FAIRWAY MAYOR
A statement released by the Shawnee Tribe after the City of Fairway’s Thursday announcement said the tribe has been more than clear about its plans for the site to fully fund its restoration and improved operation as a “historic site open to the public.”
“It is apparently now the position of Mayor Melanie Hepperly and City Administrator Nathan Nogelmeier that tribes should not be allowed to acquire land in Fairway because ‘we can’t know what they’ll do,’” the statement said.
“This position is as ill-informed as it is shameful. Independent Tribal law experts have confirmed that when tribal governments acquire real estate—whether by purchasing a home in Fairway or acquiring property through conveyance from the state--they are subject to all the local laws, rules, regulations, and codes that any other property owner must follow,” the statement said.
A tribe spokesperson said the Independent Tribal law expert cited is a University of Oklahoma adjunct professor quoted recently in the Shawnee Mission Post.
KMBC is planning deeper research into specific case law regarding tribal land ownership.
“There is no factual basis for any of the city’s claims but their email does do an excellent job of highlighting the anti-tribe bias driving Mayor Hepperly and Nathan Nogelmeier’s fear-based campaign,” the statement said.
City of Fairway Mayor Melanie Hepperly on Thursday responded on behalf of the city to the tribe’s statement.
“There is no bias. As Mayor, I categorically deny the Shawnee Tribe’s statements. They are not true. The City is not against the Shawnee Tribe nor any other Native American Tribe. The City supports the Kansas Historical Society’s ownership of the site to ensure all Tribes who have been impacted by the Shawnee Indian Mission have an equal opportunity to tell their story.”
Thomas Johnson founded the Shawnee Indian Mission in 1839 and later turned the site into the Shawnee Manual Labor Boarding School. The school eventually ceased operation in 1862.
The site has also served as an important landmark for other points in Kansas's history, including the vote for Kansas to become a state. Kansas took control of the current 12 acres and three buildings on the property in 1927 via eminent domain.
KMBC plans to continue reporting developments at the Shawnee Indian Mission in the coming weeks and months. If you have any stories to share about the site, its history, or the property's future, email investigative reporter Matt Flener at investigates@kmbc.com.