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#1180863 --- 05/12/10 01:00 PM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 33822
Loc: USA
Originally Posted By: bluezone
Cayuga Indian Nation land trust dispute
Updated: 06/12/2009 06:04 AM
By: Bill Carey

AUBURN, N.Y. -- The message from a host of Cayuga County officials was a simple one. If the federal Bureau of Indian Affairs agrees to allow the Cayuga Indians to place land into federal trust, tax losses for local schools and governments will be substantial and local businesses competing with Indian enterprises will be hurt.

“This is any business. Towing businesses. This is garages. Anything that can operate tax free on land in trust land can certainly affect the businesses here,” said Cayuga County legislator David Axton.

And the officials say they have numbers to back up their claims. Just last year, Cayuga and Seneca County authorities shut down cigarette sales by two service stations operated by the Cayuga Nation, claiming they were evading tax laws. The county has surveyed other convenience stores in the area and says most have seen increases in cigarette sales of 20 to 40 percent since that shutdown. They estimate they may have been losing millions in tax revenues prior to the action.

Cayuga and Seneca counties were the first to take action to disrupt cigarette sales by an Indian nation. They were hoping the message would be clear in Albany.

Governor Paterson has already signed legislation calling for collection of taxes on Indian cigarette sales and, in Cayuga County, they say a state facing billions in red ink should look at the potential windfall.

Cayuga Indian Nation land trust dispute
The long running dispute over land claims by the Cayuga Indians and the insistence of Cayuga and Seneca counties on their rights to tax revenues is about to heat up again. At issue, the Cayugas move to have the federal government allow 130 acres of land to be put into federal trust, exempting it from local taxes. Our Bill Carey says the campaign to block the move is underway.

“You're talking $30 million from two little convenience stores . You multiply that, times the Smoking Joes, 110 of those, the Sav-Ons in Oneida, the Long Island, all the millions of cigarettes they're selling down there, it's about a billion dollars in taxes a year that the state's missing out on ,” said Cayuga County District Attorney Jon Budelmann.

Some counties have opened negotiations with various Indian groups hoping to settle land claims and tax issues. Cayuga County hasn't taken that route.

“We have no discussions going on in the legislature about any kind of settlement,” said Cayuga County Legislature Chairman Peter Tortorici.

The case against sovereignty and against placement of land into trust, they say, is clear.

The hearing by the Bureau of Indian Affairs is due on June 17th in Seneca Falls.
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#1184935 --- 05/24/10 03:23 PM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
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Registered: 12/19/04
Posts: 33822
Loc: USA
AG cuomo are you going to enforce the laws?
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#1187770 --- 06/02/10 08:38 PM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
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Registered: 12/19/04
Posts: 33822
Loc: USA
Originally Posted By: bluezone

Court sides with Sherrill
Supreme Court justices rule 8-1
Oneida Nation must pay tax to city

Wed, Mar 30, 2005
R. PATRICK CORBETT Observer-Dispatch

The Oneida Indian Nation must pay taxes on its property in the city of Sherrill and potentially on all land it has bought outside of its 32-acre reservation in Madison County, the U.S. Supreme Court ruled Tuesday . In an 8-1 decision, the court ruled that the New York Oneidas cannot disrupt two centuries of local development by refusing to pay local taxes on a gas station and T-shirt factory it owns in Sherrill in Oneida County. New York City lawyer Ira Sacks, who pleaded Sherrill's case pro bono, said, "We were very pleased. The Supreme Court agreed with the principal argument that after 200 years ... the Oneida Indian Nation can't pick and choose places to buy and take it out of local jurisdiction." The justices also remarked on the "distinctly non-Indian character of the area and its inhabitants," because most Oneida Indians moved out of the area about 150 years ago.

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#1189998 --- 06/09/10 11:49 PM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
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Registered: 12/19/04
Posts: 33822
Loc: USA
Originally Posted By: bluezone

Originally Posted By: BJ Radford
my name really is BJ Radford and I really am the Chief Operating Officer of LakeSide Enterprises, the Cayuga Nation's business arm...


Originally Posted By: BJ Radford
Originally Posted By: BJ Radford
So.......in regards to the Treaty of Canandaigua, NYS has not broken it.




then it is a STATE reservation and not a federal one


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#1190132 --- 06/10/10 01:08 PM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
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Registered: 12/19/04
Posts: 33822
Loc: USA
paterson it is time
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#1190135 --- 06/10/10 01:09 PM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 33822
Loc: USA
ALBANY -The Enforce the Law — Collect the Tax Coalition held a press conference Tuesday, calling for the collection of nearly $1 billion in revenue from uncollected cigarette taxes.

The excise, county and state sales taxes are not collected on cigarettes sold by Native American tribes at their convenience
stores, even though state law requires the collection.

Among those speaking at the press conference was Assembly Minority Leader Brian Kolb, R-129 of Canandaigua. “This morning, I proudly stand with members of the Enforce the Law — Collect the Tax Coalition and state officials from both political parties to again call on New York to move forward in collecting hundreds of millions in revenues being lost through cigarette and gasoline sales on Native American land to non-Indians,” Kolb said in a statement Tuesday. “The collection of these taxes must be a top priority before this legislative session concludes. Albany cannot be allowed to put it off for another year.”

He said the time for further delay or additional review is over. “It’s time to enforce the law and collect the taxes,” he said. The coalition has unveiled a tax loss calculator, based on a report by the New York Association of Convenience Stores, that
indicates the state loses $1,900 every minute the law is not nforced and the tax on cigarettes sold to non-Indians is not collected. The coalition said the revenue is needed more than ever with the state facing a $850 million shortfall in the 2010-11 fiscal year.

“Before our leaders in Albany close parks, cut schools, raise taxes or borrow billions, they should enforce the laws on the books and collect the sales taxes,” said James Calvin, president of the convenience store association
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#1192312 --- 06/17/10 08:45 PM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
LeeAnnRagains Offline
Member

Registered: 04/23/10
Posts: 192
Loc: Kingfisher, OK
The solution is Positive & Simple; End the Trust Responsibility THEN we will no longer be Segregated. We are American Citizens that are being segregated by the 1830 Indian Removal Act of War that was declared by Congress. Every treaty, legislative act & supreme court ruling; CONTINUES the original terms of the 1830 imprisonment by renegotiating this hostage situation with the 564 Tribal Counsels that use - us & our children living on the Rez or Not.

http://forums.fingerlakes1.com/ubbthreads.php?ubb=showflat&Number=1174351&page=0
1959 IRS Ruling Trust for NONCOMPETENT INDIANS conversation with Lee Ann Ragains

The 1887 Dawes & 1906 Burke Acts limited the Trust Responsibility to END 25 yrs after the Reservation Lands were allotted. Which means the Burke Act should've ENDED in 1931. Except, the 1924 Citizenship Act should have ENDED the Illegal Trust and the Illegal War Power of the Secretary as our Trustee.

President Obama must issue the Executive Order for an Emancipation Proclamation to END the Trust Responsibility by releasing the Land & Money that is illegally being held by the Secretary of the DOI because;

The 1830 Indian Removal Act of War is over.

1924 American Indians are Competent Equal Citizens of the United States

1954 Segregation is unconstitutional

IF President Obama does NOT Emancipate the 564 Federally Recognized Tribes and their members from the Secretary of the DOI & BIA Trust Responsibility then President Obama endorses;

Civil Rights Violations against American Indians

Ethnic Profiling for Illegal Segregations of the 564 Federally Recognized Tribes, their members & potential members

FTC Anti-trust Violations

and

Tax Evasion that continues WITHOUT a competency hearing as Land is held in Trust for Incompetent Indians


Every Federally Recognized Tribe has Land that is being held in the Trust as a Tribe and for Individuals that were allotted lands = They Do Not have to pay Taxes or comply with State Laws because they are Not Competent. (see 1959 IRS Ruling for Incompetent Indians)

A Competency Hearing - has never been held - to justify the Illegal Trust Responsibility to hold the lands in a Trust nor to appoint the Secretary of the DOI as our Trustee.

Therefore, the 564 Federally recognized tribes and their members are Incompetent and their children will never be Competent. That is why the DOI/BIA says "These Incompetent Dependent Federally Recognized Indians aren't smart enough to enter into a business contract on their own so the DOI Secretary, BIA, Senate Committee on Indian Affairs will have to approve all transactions between Incompetent Tribes & Dependent Individual Indians to do any business with rest of America."

Unless they have a State Compact, Oklahoma Tribes are only required to pay 50% of the taxes on their Total Profits because the rest of the 50% of the taxable income is held in the Trust for those Incompetent Dependent Indians - that do not have to pay taxes - because of the Illegal declaration of Incompetence. see the video of the NewsOK interview: "It’s still growing,” state Treasurer Scott Meacham said. "We don’t know where it’s going to top out at.”

Read more: http://newsok.com/oklahomas-gaming-share-grows/article/3383749#ixzz0n5zmr2CT

"Oklahoma’s 29 gaming tribes contributed nearly $106 million to the state in fiscal year 2009, according to the Office of State Finance. That figure was about $81 million the previous year."

The Secretary of the Interior has been Illegally appointed to be the Special Trustee with the Illegal responsibility to hold land & money in a Trust for Illegally declared Incompetent Indians.

Emancipation of the Tribes & their members & potential members would mean, that in a Gambling State, COMPETENT American Citizens must comply with all City, County, State & Federal Laws.

Thank you for helping us to be equal, LeeAnnRagains.com

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#1195122 --- 06/28/10 04:15 PM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 33822
Loc: USA
Originally Posted By: bluezone
Originally Posted By: bluezone

Court sides with Sherrill
Supreme Court justices rule 8-1
Oneida Nation must pay tax to city

Wed, Mar 30, 2005
R. PATRICK CORBETT Observer-Dispatch

The Oneida Indian Nation must pay taxes on its property in the city of Sherrill and potentially on all land it has bought outside of its 32-acre reservation in Madison County, the U.S. Supreme Court ruled Tuesday . In an 8-1 decision, the court ruled that the New York Oneidas cannot disrupt two centuries of local development by refusing to pay local taxes on a gas station and T-shirt factory it owns in Sherrill in Oneida County. New York City lawyer Ira Sacks, who pleaded Sherrill's case pro bono, said, "We were very pleased. The Supreme Court agreed with the principal argument that after 200 years ... the Oneida Indian Nation can't pick and choose places to buy and take it out of local jurisdiction." The justices also remarked on the "distinctly non-Indian character of the area and its inhabitants," because most Oneida Indians moved out of the area about 150 years ago.



the cayuga tribe moved out of the area also

no reservation
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#1198210 --- 07/09/10 04:23 PM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 33822
Loc: USA
Originally Posted By: bluezone
Dec 10, 3:12 PM EST

Indian reservation cigarettes under fire in NY

By DAVID B. CARUSO
Associated Press Writer
Battle against smoking drags on, years after tobacco settlement

NEW YORK (AP) -- The City of New York has accused several cigarette dealers on a Long Island Indian reservation of secretly defying a court order that was supposed to have shut them down.

The charge is the latest in a legal battle between New York Mayor Michael Bloomberg and smoke shops on the Poospatuck Indian Reservation over the sale of millions of dollars in untaxed cigarettes.

In August, a federal judge ordered most of the largest shops on the reservation to stop selling untaxed packs to the general public, saying such sales were illegal, despite the state's tolerance of the practice.

Publicly, the shops promised to abide by the ruling, but in a motion filed in federal court on Wednesday, lawyers for the city said three dealers quietly continued to do business through newly formed cigarette stores not covered by the court order.

"It shows contempt for the court's authority," said Eric Proshansky, an attorney for the city.

The tribe's chief, Harry Wallace, didn't immediately return a phone and e-mail message from The Associated Press on Thursday, but told Newsday that the allegations are false.

The city has asked U.S. District Court Judge Carol Amon for thousands of dollars in penalties against the three dealers.

Lawyers for two of the dealers declined comment. Richard Levitt, a lawyer who represents dealer Wayne Harris, wouldn't discuss his client's case in detail but said, "the evidence will show that he is not in contempt of the court's order."

In August, Amon ruled that the tribal shops' longtime practice of selling cigarettes without collecting required state taxes was illegal.

She ordered eight shops to stop selling cigarettes to anyone who wasn't enrolled in the tribe, and barred 11 people affiliated with those stores from further sales to the general public. The three dealers were all named in that order.

The shops have appealed, but all had also publicly claimed to have ceased operations by September.

City lawyers didn't buy it, and investigated with the assistance of agents from the state's tax enforcement division.

The case is being watched closely because of its potential effect on other Indian reservations around the state.

Shops on tribal land now account for nearly a third of all cigarettes sold annually in New York. This booming business is a product of the state's longtime reluctance to collect taxes on cigarettes sold on tribal land, which means reservation shops can offer tobacco at a huge discount.

Relatively few shop owners have ever been charged in criminal court over their dealings in untaxed cigarettes.

are the tribes above the law?

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#1198356 --- 07/10/10 12:51 AM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
s2hphoto.com Offline
Senior Member

Registered: 05/04/10
Posts: 3303
Loc: NYS
June 18th we went to Turning Stone to the Buffet for our anniversary.... You will be happy to know we paid TAX on our food purchases. Now that Turning Stoes food and beverage is run by a seperate entity they have to pay tax on all food and beverage purchases
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#1198685 --- 07/11/10 03:52 PM Re: $150 BILLION Owed NY by Tribes [Re: s2hphoto.com]
bluezone Offline
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Registered: 12/19/04
Posts: 33822
Loc: USA
but is it on a "qualified reservation"?

hum
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#1198876 --- 07/12/10 11:45 AM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
s2hphoto.com Offline
Senior Member

Registered: 05/04/10
Posts: 3303
Loc: NYS
What does it matter as long as taxes are being paid?
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Religious people FRIGHTEN me!

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#1199202 --- 07/13/10 08:39 PM Re: $150 BILLION Owed NY by Tribes [Re: s2hphoto.com]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 33822
Loc: USA
then why not have the tribe pay all their taxes?
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#1199664 --- 07/15/10 03:29 PM Re: $150 BILLION Owed NY by Tribes [Re: LeeAnnRagains]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 33822
Loc: USA
Originally Posted By: LeeAnnRagains
The solution is Positive & Simple; End the Trust Responsibility THEN we will no longer be Segregated. We are American Citizens that are being segregated by the 1830 Indian Removal Act of War that was declared by Congress. Every treaty, legislative act & supreme court ruling; CONTINUES the original terms of the 1830 imprisonment by renegotiating this hostage situation with the 564 Tribal Counsels that use - us & our children living on the Rez or Not.

http://forums.fingerlakes1.com/ubbthreads.php?ubb=showflat&Number=1174351&page=0
1959 IRS Ruling Trust for NONCOMPETENT INDIANS conversation with Lee Ann Ragains

The 1887 Dawes & 1906 Burke Acts limited the Trust Responsibility to END 25 yrs after the Reservation Lands were allotted. Which means the Burke Act should've ENDED in 1931. Except, the 1924 Citizenship Act should have ENDED the Illegal Trust and the Illegal War Power of the Secretary as our Trustee.

President Obama must issue the Executive Order for an Emancipation Proclamation to END the Trust Responsibility by releasing the Land & Money that is illegally being held by the Secretary of the DOI because;

The 1830 Indian Removal Act of War is over.

1924 American Indians are Competent Equal Citizens of the United States

1954 Segregation is unconstitutional

IF President Obama does NOT Emancipate the 564 Federally Recognized Tribes and their members from the Secretary of the DOI & BIA Trust Responsibility then President Obama endorses;

Civil Rights Violations against American Indians

Ethnic Profiling for Illegal Segregations of the 564 Federally Recognized Tribes, their members & potential members

FTC Anti-trust Violations

and

Tax Evasion that continues WITHOUT a competency hearing as Land is held in Trust for Incompetent Indians


Every Federally Recognized Tribe has Land that is being held in the Trust as a Tribe and for Individuals that were allotted lands = They Do Not have to pay Taxes or comply with State Laws because they are Not Competent. (see 1959 IRS Ruling for Incompetent Indians)

A Competency Hearing - has never been held - to justify the Illegal Trust Responsibility to hold the lands in a Trust nor to appoint the Secretary of the DOI as our Trustee.

Therefore, the 564 Federally recognized tribes and their members are Incompetent and their children will never be Competent. That is why the DOI/BIA says "These Incompetent Dependent Federally Recognized Indians aren't smart enough to enter into a business contract on their own so the DOI Secretary, BIA, Senate Committee on Indian Affairs will have to approve all transactions between Incompetent Tribes & Dependent Individual Indians to do any business with rest of America."

Unless they have a State Compact, Oklahoma Tribes are only required to pay 50% of the taxes on their Total Profits because the rest of the 50% of the taxable income is held in the Trust for those Incompetent Dependent Indians - that do not have to pay taxes - because of the Illegal declaration of Incompetence. see the video of the NewsOK interview: "It’s still growing,” state Treasurer Scott Meacham said. "We don’t know where it’s going to top out at.”

Read more: http://newsok.com/oklahomas-gaming-share-grows/article/3383749#ixzz0n5zmr2CT

"Oklahoma’s 29 gaming tribes contributed nearly $106 million to the state in fiscal year 2009, according to the Office of State Finance. That figure was about $81 million the previous year."

The Secretary of the Interior has been Illegally appointed to be the Special Trustee with the Illegal responsibility to hold land & money in a Trust for Illegally declared Incompetent Indians.

Emancipation of the Tribes & their members & potential members would mean, that in a Gambling State, COMPETENT American Citizens must comply with all City, County, State & Federal Laws.

Thank you for helping us to be equal, LeeAnnRagains.com
_________________________


Our country is in mourning a soldier died today

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#1202252 --- 07/24/10 05:46 AM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
LeeAnnRagains Offline
Member

Registered: 04/23/10
Posts: 192
Loc: Kingfisher, OK
In 1788 Alexander Hamilton addressed New York’s ratifying convention for the approval of the United States Constitution:

Q - “What reasonable man, for the precarious enjoyment of rank and power, would establish a system which would reduce his nearest friends and his posterity to slavery and ruin?”


A - The Office of Indian Affairs Is Created
http://crm.cr.nps.gov/archive/22-4/22-04-13.pdf

These superintendents and agents, plus other personnel within the United States War Department assigned to deal with Indian matters, reported to the Secretary of War. They were not, however, organized as a unit until 1824, when Secretary of War John C. Calhoun administratively established an Office of Indian Affairs. It was not until 1834 that Congress formally created the Indian Department within the War Department. In 1849, Congress transferred the Indian Department, which became the BIA, to the newly created Department of the Interior.
The War Department created the BIA in 1824. Congress declared War to remove and annihilate the American Indians, language & culture with the Indian Removal Act of war in 1830.

The 564 Federally Recognized American Indian Reservations, is 150-year example of what happens to people when their Freedom of Choice is taken away by the federal government and they are expected to be dependent on the government thru segregation & separate but equal welfare entitlements.

The rationing of food commodities and rationing of health care began because our ancestors were Prisoners of War, the 1830 Indian Removal Act of War. Prisoners are Wards of the Government – exactly like today – inmates in a Prison are in the “custody” of the Dept of Corrections – they have been convicted of a crime they are not allowed to vote and the ration of food and the ration of health care is adequate for a criminal in Prison. When an Individual Indian or Tribe is required to ask permission from the BIA confirms they are NOT SOVEREIGN – we are incompetent dependents.

Q - In these last 150 yrs, what areas across our country provides a glimpse of what will become of the United States of America – IF – these Destructive Federal Policies and Abuse of War Power is allowed to continue?

A - http://www.leeannragains.com/lee%20ann%2...ington%20dc.htm

The poverty of America’s federally recognized Indian Reservations is an example of the bureaucracy of too much government and what happens to people when the Federal government unilaterally declares people incompetent without a competency hearing because of the ethnic origin of their parents.

Today the 2,700 page Health Care Reform Bill is trying to unilaterally declare every American Citizen incompetent. Meaning; you are not smart enough to take care of yourself so the U.S. government will impose these health insurance mandates under the penalty of fines and or imprisonment. This Bill will add at least 50 more government agencies of bureaucracy with insurance premiums already increasing by thirty-nine percent (39%).


Q - Why are the individual tribe member lands held in the Trust Responsibility of the Secretary of the DOI and controlled by the Bureau of Indian Affairs, Tribal counsel & Senate Committee on Indian Affairs?

A - http://bulk.resource.org/courts.gov/juris/j0210_47.sgml

B-5100, SEPTEMBER 12, 1939, 19 COMP. GEN. 343
INDIAN AFFAIRS - INDIANS - PAYMENTS TO INDIAN AGENCY SUPERINTENDENTS OF MONEYS DUE - ONCOMPETENT," "INCOMPETENT," AND "RESTRICTED" INDIANS DISTINGUISHED

5th & 6th paragraphs
ACCORDING TO THE RECORD BEFORE US, JAMES SEELATSEE APPARENTLY WAS AN ADULT AT THE TIME OF HIS DEATH; THEREFORE, THE ONLY QUESTION REQUIRING FURTHER COMMENT IS WHETHER OR NOT HE WAS IN FACT AN INCOMPETENT INDIAN. THE ACTING COMPTROLLER GENERAL'S OPINION OF AUGUST 3, 1925 (5 COMP. GEN. 86), IS PERTINENT. THE SAME READS IN PART AS FOLLOWS:

"* * * IT MAY BE STATED AS A GENERAL RULE THAT THE GRANTING OF CITIZENSHIP TO INDIANS DOES NOT ALTER THE RELATIONSHIP OF GUARDIAN AND WARD BETWEEN SUCH INDIANS AND THE FEDERAL GOVERNMENT IN A CASE WHERE PROPERTY IS HELD IN TRUST FOR THEM, OR THEY ARE LIVING ON A RESERVATION SET ASIDE FOR THEIR USE, OR ARE MEMBERS OF A TRIBE OR NATION ACCORDED CERTAIN RIGHTS AND PRIVILEGES BY TREATY OR BY FEDERAL STATUTES.

9th paragraph
AN "INCOMPETENT" INDIAN MEANS, AS UNDERSTOOD BY THIS DEPARTMENT, A PERSON NOT DECLARED INCOMPETENT BY A COURT, BUT AN INDIAN WHOSE LAND IS HELD BY HIM SUBJECT TO TRUST OR RESTRICTIONS UNDER SOME ACT OF CONGRESS. UNTIL A PATENT IN FEE OR CERTIFICATE OF COMPETENCY IS ISSUED BY THE SECRETARY OF THE INTERIOR, AN INDIAN, REGARDLESS OF HIS MENTALITY, IS NOT "COMPETENT" WITH REGARD TO HIS RESTRICTED OR TRUST ALLOTMENT. ADJUDICATIONS BY STATE COURTS, WITH SOME POSSIBLE EXCEPTIONS AS TO THE OSAGE RESERVATION AND THE FIVE CIVILIZED TRIBES, OF THE INCOMPETENCY OF INDIANS HAVE NO EFFECT UPON THEIR RESTRICTED OR TRUST REAL AND PERSONAL ESTATES.


The U.S. Department of the Interior acts as an Oppressive Trustee in favor of the Casino reservation stereotype, segregation and the discriminatory system of the “Separate but Equal” BIA policies and programs. The Tribal Counsel, through Casino Gambling, preys on each individual to squander their income and gamble with their children’s future. The term “The house always wins” means “Everybody is a loser”.

This solution is Positive & Simple; End the Trust Responsibility and Abolish Federal Indian Policy and every awful legislative act of the Secretary of the Dept of the Interior THEN we will no longer be segregated.

Please help send a Post Card for Freedom & make a Phone Call for Freedom
1) President Obama MUST issue an Executive Order to "end the trust responsibility of the DOI/BIA over the 564 recognized American Indian tribes and their members.
2) Transfer the BIA (personnel, clinics and hospitals) back to the Bureau of Veteran's Affairs and Defense to improve these same serves for our veterans and troops.
3) End Affirmative Action quota's and ethnic profiling questions of "ethnic origin" on all forms, applications and the Census. We must be allowed to compete as equal American citizens.


The unlimited access to tax payer money based on these issues of; Affirmative Action for preference, Ethnic Profiling for Segregation and separate but equal welfare entitlements are only SYMPTOMS of this National Crisis that has plagued our status as American Citizens.

In his first inaugural address President Abraham Lincoln said "We must not be enemies" at that time he had no intention of interfering with slave-owning States. The Slaves would never rise up, sign a petition and ask the President to Free them.

Today – the Tribal members will never rise up, sign a petition and ask President Obama to Free them from the Secretary of the Dept of Interior & Destructive Federal Indian Policy.

Equality for every American Citizen is and will always be expected. We must be united as equal Citizens.

President Obama is the only President that can Free American Indians from the Secretary of the Department of the Interior's Trust Responsibility.

This solution is Positive & Simple; Protect & Defend every Citizen by Ending the illegal Trust Responsibility of the Secretary of the Dept of the Interior THEN we will no longer be Segregated.

Every treaty, legislative act & supreme court ruling; CONTINUES the original terms of the 1830 imprisonment by renegotiating this hostage situation today with the 564 Tribal Counsels that use - us & our children living on the Rez or Not.

This abuse of War Power by Congress undermines and diminishes the Sovereignty Power of; City, County, State & Federal Government.

Please help us to be equal by asking your family and friends to send a Post Card for Freedom at LeeAnnRagains.com to President Obama & all Elected Officials in your State.

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#1203007 --- 07/27/10 01:23 PM Re: $150 BILLION Owed NY by Tribes [Re: LeeAnnRagains]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 33822
Loc: USA
redgreen did you send in your card?
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#1203041 --- 07/27/10 02:15 PM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 33822
Loc: USA
Originally Posted By: Rich Tallcot
Posted in todays NYS Register

Department of Taxation and Finance

Sales of Cigarettes on Indian Reservations
I.D. No. TAF-27-10-00013-E

This regulatory impact statement, regulatory flexibility analysis, rural area flexibility analysis and/or job impact statement pertain(s) to a notice

NYS Register/July 21, 2010 Rule Making Activities of emergency rule making, I.D. No. TAF-27-10-00013-E, printed in the State Register on July 7, 2010.

Regulatory Impact Statement

1. Statutory authority: Tax Law, sections 171, subdivision First; 471, subdivisions (1), (4), and (5); 471 e; and 475 (not subdivided). Section 171, subdivision First provides general authority for the Commissioner of Taxation and Finance to make reasonable rules and regulations that may be necessary for the exercise of the Commissioner's powers and the performance of his or her duties under the Tax Law. Section 471(1) imposes the tax on cigarettes, including all cigarettes sold on an Indian reservation to non-members of the Indian nation or tribe and to non-Indians, and provides for a dual system to ensure that adequate quantities of stamped but tax exempt cigarettes are available for purchase by the nation or tribe and its members for their use or consumption based on their probable demand. Section 471-e establishes the "Indian tax exemption coupon system" which Indian nations or tribes may elect to participate in to obtain such tax exempt cigarettes. Section 471(5) provides that for any year that this election is not made, the "prior approval" system will be used. Section 471(4) provides that cigarette stamping agents must provide their suppliers and the department with a certification, under penalty of perjury, that cigarettes will not be resold in violation of Article 20 of the Tax Law, which imposes the cigarette tax. Section 475 authorizes the Commissioner specifically to administer the tax on cigarettes imposed under Article 20 of the Tax Law.


9. Federal standards: This rule does not exceed any minimum standards of the federal government for the same or similar subject areas.

10. Compliance schedule: The rule took effect on June 22, 2010, the date that the Notice of Emergency Adoption was filed, and applies to all cigarettes sold on or after September 1, 2010.
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#1203467 --- 07/28/10 11:20 PM Re: $150 BILLION Owed NY by Tribes [Re: LeeAnnRagains]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 33822
Loc: USA
Originally Posted By: Rich Tallcot
Terrorism - cigarettes and reservations

I understand Senator Nozzolio wasn't aware of the connections between cigarettes, New York State Indian reservations and funding terrorist activities.

Maybe he's afraid of being attacked by the tribes like Assemblyman Dave Townsend was when he exposed the connection. Or maybe he just didn't know. But he didn't ask. I'll be sure to supply his office with the material.

Maybe these will help.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
http://news.lp.findlaw.com/hdocs/docs/akhdar/usakhdar103ind.pdf
STATEMENT OF ATTORNEY GENERAL JOHN ASHCROFT:
http://www.usdoj.gov/opa/pr/2004/March/04_ag_141.htm
Tobacco and Terror:
How Cigarette Smuggling is Funding our Enemies Abroad
http://chs-republicans.house.gov/list/press/homeland_rep/morenews/cigarettesmuggling.pdf

To those that heard or read my presentation at the press conference, I stated "Reservation cigarettes have funneled counterfeit name brands from China, funded terrorist groups, driven hundreds of competitors with thousands of jobs out of business and the loss of these taxes continues to drive property taxes higher."

I did not state that the tribes were fronting terrorist groups. But cigarettes from reservations have. There have been Indians and non-Indians on reservations shielded in their businesses by tribal sovereignty preventing them from being apprehended earlier than they were. They were shielded by the tribal government by restricting jurisdiction AND PRIMARILY encouraged by the State of New York by selectively enforcing the laws creating the price disparity between competitors.

So, oddly enough, our own New York State governor is supporting the terrorist groups that attacked us on 9/11 by his refusal to enforce the law. It is unfortunate that ALL our governors have been too blind to see this.

In the perspective of George Washington's time, our governor should be tried for treason by creating a situation that aids the enemy.

In today's perspective, "In accordance with the state Constitution, if the Governor refuses to do his job it would be up to the State Assembly to initiate impeachment proceedings. That is THEIR job, as much as enforcing the law is the Governor's job."

Does their refusal to do so not make them complicit accomplices?

Rich Tallcot Cayuga-Seneca UCE Chair
UCE@ROCHESTER.RR.Com

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#1206233 --- 08/07/10 06:44 PM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 33822
Loc: USA
elouise cobell to collect millions while all others see little
she acts in the same manner that she fought against
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#1206722 --- 08/09/10 08:03 PM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 33822
Loc: USA
Looks like NYS just solved their budget for this year and many years to come

imagine how much the tribes owe NYS.......

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
Originally Posted By: Rich Tallcot
1 2 3 another one bites the dust

The Oneida Indian land claim filed in 1974 finally goes down in flames. No land, no money. Their casino sits on state sovereign fee simple property and they no longer have a land claim in which to make a settlement. The casino was ruled unconstitutional several years ago in a lawsuit filed by UCE.

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

Decided: August 9, 2010

ONEIDA INDIAN NATION OF NEW YORK, ONEIDA TRIBE OF INDIANS OF WISCONSIN, ONEIDA OF THE THAMES,

Plaintiffs-Appellees-Cross-Appellants,

UNITED STATES OF AMERICA,

Intervenor-Plaintiff-Appellee-Cross-Appellant,

-v.-

COUNTY OF ONEIDA, COUNTY OF MADISON,

Defendants-Cross-Appellees,

STATE OF NEW YORK,

Defendant-Appellant-Cross-Appellee.


Based on the Supreme Court's decision in Sherrill, Cayuga had previously determined that equitable defenses apply to "disruptive" Indian land claims, and that possessory claims - claims premised on the assertion of a continuing right to possession of ancient tribal lands - are by their nature disruptive, in that they call into question settled land titles.

New York contends, in addition, that its sovereign immunity bars the contract-based claim on which the district court permitted the Oneidas to proceed.

For the reasons articulated below, we conclude that the district court correctly determined that Cayuga is controlling here, and that all claims dependent on the assertion of a current possessory interest in the subject lands are barred by equitable defenses. We further conclude, however, that the purportedly nonpossessory claim identified by that court is also barred, both by New York's sovereign immunity and by the equitable principles applied in Cayuga. In light of Cayuga's holding that equitable defenses apply to disruptive Indian land claims, we finally conclude that the alternative nonpossessory claim articulated on appeal by the plaintiffs, premised on a violation of the Nonintercourse Act, is also barred.


For the foregoing reasons, we conclude that all claims raised by the plaintiffs in this action, whether possessory or purportedly nonpossessory, are subject to and barred by the defense recognized in Sherrill and Cayuga. The Oneidas' contract-based claim is further barred by New York's sovereign immunity. For this reason, the judgment of the district court is AFFIRMED as to the dismissal of plaintiffs' possessory claims, and REVERSED with respect to plaintiffs' nonpossessory claims. The case is REMANDED to the district court for the entry of judgment and the resolution of any pending motions.
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