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#143451 --- 04/18/05 08:35 PM Re: Indian Sovereign Immunity
sworldt Offline
Senior Member

Registered: 04/14/04
Posts: 2163
Loc: Auburn,NY
Indianz.Com. In Print.
URL: http://www.indianz.com/News/2005/006556.asp


States asking too much of tribes, leaders say
Wednesday, February 16, 2005

Indian gaming is growing by leaps and bounds but tribal leaders on Tuesday said their path to self-sufficiency is threatened by state demands for a greater share of casino revenues.

Tribal casinos took in $18.6 billion in 2004, the National Indian Gaming Associated reported in a new study. The figure represents a 10 percent increase over the $16.7 billion in revenues for 2003.

The money has been used to provide health care, law enforcement, education, housing and other opportunities on reservations, tribal leaders said at the National Press Club in Washington, D.C. "Simply put, we are self-sufficient again," said Doreen Hagen, the chairwoman of the Prairie Island Community in Minnesota.

But Hagen and others criticized a trend that has emerged in recent years. From California to Minnesota, state officials are pressuring tribes to share more and more of their casino revenues.

" Each year, the Prairie Island Community contributes more than $100 million to Minnesota's economy. We have accomplished this without government subsidies ," Hagen said. "Yet we are constantly criticized for not contributing enough."
In Minnesota, Gov. Tim Pawlenty (R) demanded tribes renegotiate their compacts and share $350 million in revenues. He based the figure on the $10 billion he said the tribes take in at their casinos.

"That was off by 85 to 95 percent," observed Mark Van Norman, the executive director of NIGA. "So the expectations," he said, "are simply outlandish."

According to NIGA, tribes nationwide are making substantial contributions to state governments. In the new report, An Analysis of the Economic Impact of Indian Gaming in 2004, the organization said tribal casinos and their related businesses generated $1.8 billion for states in the form of state income taxes, sales and excise taxes and other payments. Tribes also contribute $100 million a year to local governments, the report said.

"True economic development always has meant giving back to the community," said Gregg Shutiva, the lieutenant governor for Acoma Pueblo in New Mexico.

Of the 21 states that have entered into compacts for tribal gaming, seven states require tribes to share a portion of their revenues. These include large markets like Connecticut, New York and California, where some tribes have agreed to pay 25 percent of their slot machine revenues to the state. In Connecticut alone, this amounts to about $400 million a year.

In 2004, Oklahoma became the latest state to adopt a revenue-sharing compact. The rapid expansion of the tribal casino industry there is expected to pour $71 million into the state's coffers every year.

But the states, many of which are suffering from budget crises, have not been willing to credit tribes for this influx of cash. In December, National Governors' Association released a report that failed to account for many of the payments states receive from tribal governments.
Next month, the Western Governors' Association is holding an executive summit on Indian gaming in Denver, Colorado. Among the issues to be discussed is the growth of the industry and its effect on states.

Last year, the Senate Indian Affairs Committee advanced legislation to limit how much states can seek under gaming compacts. The effort drew fire from California Gov. Arnold Schwarzenegger (R), who was in the midst of negotiating new agreements with tribes. His predictions for more than $1 billion for the state have fizzled into just $16 million this year.

The Bureau of Indian Affairs is charged with reviewing compacts for fairness to tribes. But since the start of the Bush administration, when revenue-sharing started to become a bigger issue, officials have only rejected one agreement. The agency let other revenue-sharing compact go into effect without approving or denying them.

NIGA Report:
An Analysis of the Economic Impact of Indian Gaming in 2004 (February 2005)

NGA Report:
The Fiscal Survey of States (December 2004)
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#143452 --- 04/19/05 08:22 PM Re: Indian Sovereign Immunity
dwarren Offline
Senior Member

Registered: 01/20/03
Posts: 1542
Loc: West Seneca, NY
http://www.newsday.com/news/local/wire/newyork/ny-bc-ny--internetcigarette0418apr18,0,234763.story?coll=ny-region-apnewyork

Online cigarette vendors feeling credit card changes


By CAROLYN THOMPSON
Associated Press Writer

April 18, 2005, 4:58 PM EDT

BUFFALO, N.Y. -- For years, getting a deal on cigarettes was as easy as plugging a credit card number into any one of hundreds of discount Internet sites.

But things have been anything but easy lately for the sellers who have raked in tens of millions of dollars from the online sales.


It's been a month since major credit card companies announced they would no longer take part in online tobacco purchases, after being convinced by states' attorneys general and the federal Bureau of Alcohol, Tobacco and Firearms that virtually all of the sales were illegal.

That sent online sellers either scrambling to set up for alternative payments, like check or money orders, or out of the Internet business altogether.

"A lot of people have lost their jobs. There's been a lot of layoffs," said Rick Jemison, spokesman for Seneca Sovereign Partnership, which represents the Seneca Indian Nation's business community.

Businesses on the 7,000-member tribe's two western New York reservations are among the nation's biggest online retailers. In 2003, 55 Seneca firms sold $347.5 million worth of tobacco products, more than half of them to out-of-state customers.

The tribe's sovereign status allows businesses to forgo charging the hefty state sales tax, giving them a price advantage over non-Indian competitors that has made the extra trip to an online store worthwhile. Cigarettes sell for $15-$28 per carton online, compared with the average of $48 charged off the reservation.

The credit card changes affect non-Indian online sites as well.

"We didn't have the ability to shut down the sites, but the credit card companies had the ability to deny those online retailers the ability to use their credit cards," said Marc Violette, spokesman for Attorney General Eliot Spitzer, who helped secure the agreement with American Express, Visa, Discover and other credit card companies.

The changes are reflected online, where some sites now ask for customers' patience for the longer processing time in clearing personal check orders. Other sites are no longer active.

Ron's Smoke Shop on the Allegany Reservation sold off its lucrative online business, laying off as many as 120 workers in the process, according to published reports. Owner Maxine Jimerson has said numerous other businesses are doing the same.

The exact number of workers affected is hard to measure since many of the businesses are small, family-owned operations.

A report prepared for the tribe a year ago said Seneca tobacco businesses employed 1,037 people in 2003 and kept an additional 1,700 suppliers and distributors working.

Seneca Nation President Barry Snyder has called the credit card agreement disappointing and said the Tribal Council would seek a dialogue with the state and federal governments.

In announcing the agreement, Spitzer said New York law prohibits the direct shipment of cigarettes to consumers, and that virtually all Internet cigarette sales violate state and federal laws, including tax laws.

The ATF estimated states lose more than $1 billion a year in tax revenue from Internet tobacco sales.

Spitzer also cited inadequate age-verification systems online that allow minors access to cigarettes.

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#143453 --- 04/19/05 08:30 PM Re: Indian Sovereign Immunity
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
How will the tribes ever be able to compete with the other business that operate within the law???????????
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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#143454 --- 04/23/05 01:58 PM Re: Indian Sovereign Immunity
Ovidian Offline
Silver Member

Registered: 12/02/02
Posts: 11435
Loc: gone
Why wouldnt they be able to? If they find a niche and fill it with a quality product or service then they should do as well as any others. I would think that having the financial backing of their tribe or tribes would prove to be an advantage. If they were to do trade on an equitable basis with their non-Indian counterparts I would surely frequent their businesses.

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#143455 --- 04/23/05 02:04 PM Re: Indian Sovereign Immunity
WilllOWisp Offline
Senior Member

Registered: 03/10/05
Posts: 3828
Loc: Seneca County
I too would shop at Indian owned stores if they were equal on the tax roles. I would love to be able to buy some smudge sticks, Indian made products. As it is now, I don't buy from them because they feel they are not equals and they hurt the economy. I don't understand how US citizens can purchase there with a clear conscience. I hope things change.
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#143456 --- 04/23/05 02:44 PM Re: Indian Sovereign Immunity
Mysteryman Offline
Senior Member

Registered: 03/08/04
Posts: 2173
Loc: laughing in your face
Let us not forget that the indians are not really sovereign. They think they are and they want to be classified as that but they enjoy free hunting and fishing licenses, they get welfare, medicaid and social security. Those benefits are from the state and federal governments not there own indian community/government.

Sooo boohoo to the indians who have been paid numerous times and fought with the british and lost. Its not everyone elses fault there in the predicament there in.

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#143457 --- 04/23/05 03:05 PM Re: Indian Sovereign Immunity
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
The tribes are sovereign when they DO NOT want to pay sales taxes, property taxes, gas tax, cig tax...


But the tribes ARE NOT sovereign when they WANT money from the US government...

Have Their Cake and Eat It Too.
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#143458 --- 04/23/05 03:13 PM Re: Indian Sovereign Immunity
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Quote:




Indians asking too much from the states
Wednesday, February 16, 2005

Indian gaming is growing by leaps and bounds but tribal leaders on Tuesday said their path to self-sufficiency is threatened by state demands for a greater share of casino revenues.

Tribal casinos took in $18.6 BILLION in 2004, the National Indian Gaming Associated reported in a new study. The figure represents a 10 percent increase over the $16.7 billion in revenues for 2003.

The money has been used to provide health care, law enforcement, education, housing and other opportunities on reservations, tribal leaders said at the National Press Club in Washington, D.C. "Simply put, we are self-sufficient again," said Doreen Hagen, the chairwoman of the Prairie Island Community in Minnesota.







Then why ask for more money from the US government??????? (BILLIONS of dollars each year go to the tribes from the US government)
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#143459 --- 04/23/05 03:16 PM Re: Indian Sovereign Immunity
WilllOWisp Offline
Senior Member

Registered: 03/10/05
Posts: 3828
Loc: Seneca County
Makes one wonder, doesn't it Bluezone?
_________________________
" Rich People Get Body guards, Poor People get Shot! "

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#143460 --- 04/23/05 03:19 PM Re: Indian Sovereign Immunity
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
I am not sure what they have to complain about - they get the best of both worlds. Pay not taxes but receive money from the US government....
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#143461 --- 04/23/05 11:01 PM Re: Indian Sovereign Immunity
Okla.ndn Offline
Senior Member

Registered: 12/21/02
Posts: 3074
Loc: Osage Indian Nation in Oklahom...
Quote:

I am not sure what they have to complain about - they get the best of both worlds. Pay not taxes but receive money from the US government....


We pay taxes d.a. and you know it but keep posting the same bs. Check out what we paid in last year and compare it to what the fed government gave us. You are useing services that we paid more into then you did. So what do you have to complain about, nothing so you make up bs to complain about. Your not going to get what you want, yours and my great great great grandkids will be fighting the same fight. Your people took our land and in return promised to take cair of us. You wish to break that promise then give the land back and we will call it even.
_________________________
I am a General Council member of the Seneca-Cayuga Tribe I speak for my self not my Tribe.

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#143462 --- 04/24/05 05:07 AM Re: Indian Sovereign Immunity
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Quote:

Your not going to get what you want,yours and my great great great grandkids will be fighting the same fight.

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-------I am not the one asking for anything??????????

.
.
.


Your people took our land and in return promised to take cair of us.


.
.
.
-------The land was paid for .............

.
.
.

You wish to break that promise then give the land back and we will call it even.






You live on a 1.4 MILLION acre reservation, this is the land that you received for your NY land, in addition to the 8 monetary payments for the NY land.

You made out better because there was only 64,000 acres that your elders sold to NY state and you now live on 1.4 MILLION acres.


Which is larger 64,000 acres or 1.4 MILLION acres?????????????




.
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#143463 --- 04/24/05 05:17 AM Re: Indian Sovereign Immunity
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
NIGC rules against Okla. tribe's casino in Kansas

An Oklahoma tribe's out-of-state casino has been deemed illegal by the National Indian Gaming Commission.

A 24-page opinion issued through the agency's top lawyer rejected the Wyandotte Nation's right to game in downtown Kansas City, Kansas. The tribe has been operating a Class II facility on on a sliver of trust land since August of last year, citing historical ties to the area.

But NIGC's acting general counsel, Penny Coleman, said the land was taken into trust too late and for the wrong reasons. While acknowledging that the tribe exercises jurisdiction over the Shriner Tract -- a key factor in the analysis -- she invoked the Indian Gaming Regulatory Act's ban on gaming on lands acquired AFTER 1988.

The land, Coleman wrote, does not fall within the tribe's "last reservation," it was not acquired as the result of a land claim and it was not restored when the tribe regained federal recognition in 1978. "Therefore, the tribe may not game on the Shriner Tract pursuant to IGRA," she said in the March 24 opinion.

Reached at his office in Wyandotte, Oklahoma, Chief Leaford Bearskin said NIGC hadn't informed him of its decision, which was accompanied by a letter addressed to him. "I have no comment until I get notified," he said.

Kansas attorney general Phill Kline, though, took it as a victory in his quest to shut the facility down. "We now call upon the Wyandotte Nation to immediately halt gaming activity on the Shriner Tract and to remove all gaming devices to comply with the decision of the NIGC," he said.

Kline's urgency is natural because the state and its four federally-recognized tribes have fought the Wyandotte Nation's gaming plans for several years. The tribes all operate casinos pursuant to compacts with the state.

But Coleman's long-awaited decision has ripples elsewhere because state officials and politicians nationwide are seeking guidance on whether tribes can operate casinos on lands hundreds of miles away from their current reservations or, in some cases, in other states.

Coleman stated that, "This section of IGRA limits, not expands, the right to game. It is clear that Congress intended to allow some gaming to occur on lands acquired after enactment of IGRA under this provision, but specifically disallowed gaming on newly acquired lands far from the current prior reservation."

Affie Ellis, an NIGC spokesperson, wasn't ready to consider the two statements a conflict. "We want to be consistent with what's in section 2719," she said. The Shriner Tract, she noted, "was acquired into trust in 1996 and did not meet any of the exceptions" laid out in the section.

In the Wyandotte Nation's case, that meant first evaluating whether the tribe has jurisdiction over the parcel. Citing a number of governmental actions, including an agreement with the local government, NIGC concluded the tribe indeed exercises authority.

Second, Coleman considered whether the land was in the tribe's "last recognized reservation within the state within which the tribe is presently located." Since the tribe is "presently located" in Oklahoma, where its headquarters are based, she determined that this exception was not met.

Next, NIGC looked at whether the tribe could satisfy the land claim exception. The tribe did purchase the tract with settlement funds but Coleman said the funds were awarded by the Indian Claims Commission, whose purpose was "to ascertain money damages" -- not award land.

Finally, Coleman examined whether the land qualifies as "restored" since the tribe, after being terminated in 1956, regained federal recognition in 1978.

But the tribe does not meet the test due to the 18-year gap between restoration and the Shriner Tract purchase, Coleman said. While the long wait is not a complete bar, she acknowledged, the fact that the tribe received trust land in Oklahoma in in interim detracted from the tribe's case.

Also, Coleman said the tribe has no "historical nexus" to the land even though tribal ancestors are buried in the cemetery. She argued that the tribe lived in the Kansas City area for less than a decade before being removed to Oklahoma.

Coleman's accompanying letter to Chief Bearskin gave the tribe a week to respond to the opinion. Ellis said the agency would evaluate its next step once the response is received.



.
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#143464 --- 04/25/05 01:16 AM Re: Indian Sovereign Immunity
Okla.ndn Offline
Senior Member

Registered: 12/21/02
Posts: 3074
Loc: Osage Indian Nation in Oklahom...
Quote:

Quote:

Your not going to get what you want,yours and my great great great grandkids will be fighting the same fight.

.
.
.



-------I am not the one asking for anything??????????

.
.
.


Your people took our land and in return promised to take cair of us.


.
.
.
-------The land was paid for .............

.
.
.

You wish to break that promise then give the land back and we will call it even.






You live on a 1.4 MILLION acre reservation, this is the land that you received for your NY land, in addition to the 8 monetary payments for the NY land.

You made out better because there was only 64,000 acres that your elders sold to NY state and you now live on 1.4 MILLION acres.


Which is larger 64,000 acres or 1.4 MILLION acres?????????????




.


Again you have posted about the Osage res. How many times do I have to tell you I am not a member of the Osage Nation. The Osage sold their Kansas res. and paid for their 1.4 MILLION acre reservation. in what is now Oklahoma. This same twist is getting old at the lest you could do is come up with a new spin. LOL Do you think if you keep posting this lie it will come true. LOL
_________________________
I am a General Council member of the Seneca-Cayuga Tribe I speak for my self not my Tribe.

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#143465 --- 04/27/05 07:12 AM Re: Indian Sovereign Immunity
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Quote:



Your people took our land and in return promised to take cair of us.

Do you think if you keep posting this lie it will come true. LOL





Show me where the US has promised to take CARE of you????? was this provision in the 'illegal' treaties??????

Why would the US promise to take car of a SOVEREIGN NATION?????

Do you think if you keep posting the lie about 'illegal' treaties it will brain wash you even more??????

How could the treaties be 'illegal' when your tribe has been receiving payments????

I ask you in an earlier to post when your tribe first brought your cliam foreard but you have not shown any proof accept that it was in the 1980's. This is when gaming was allowed to the tribes. 'Casino-shopping' or 'reservation-shopping'??????............


dream a happy dream
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#143466 --- 04/27/05 07:17 AM Re: Indian Sovereign Immunity
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Okla - In another post you complained that NY bought your land but then turned around an sold the land for more money. This is called risk-investment. Purchases of this sort take place ever day. Individual/business buy items at prices and then turn around and sell at a higher price. The tribes do it with the cig, gas, oil sales everyday.
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#143467 --- 04/27/05 07:28 AM Re: Indian Sovereign Immunity
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Defense rider targets Alaska Native contracting
Monday, April 25, 2005

A rider tucked into the $81 billion defense appropriations bill approved by the Senate last week could limit the number of sole-source contracts for Alaska Native corporations and Indian-owned businesses.

In recent years, Alaska Native corporations have won BILLION-dollar contracts for defense and military work. Under a program meant to benefit minority and disadvantaged businesses, the contracts are awarded without opening them up to competitive bidding.

The program has drawn scrutiny in recent years among Democrats, labor unions and non-Indian businesses.

Critics are now turning their eyes to Congress. Just last month, the leaders of a key House committee launched an investigation into Native contracting. Rep. Tom Davis (R-Virginia) and Rep. Henry Waxman (D-California) of the House Government Reform Committee say they are concerned that most of the work is being done not by Native corporations but by non-Indian subcontractors.

Sen. Pete Domenici (R-New Mexico) has joined the effort, inserting a paragraph into the defense bill that targets this practice. Without mentioning Native corporations by name, the rider redefines the meaning of "prime contract" to include not just the corporations but their subcontractors. The change will impact how the government meets its overall minority contracting goals.

As written, the rider only applies to contracts awarded by the Department of Energy. Most of the large-dollar contracts won by Native corporations have come from the Department of Defense.

The House version of the bill doesn't include the language either. A joint House-Senate conference committee is meeting to hammer out the differences between the two versions.

Nevertheless, the Native American Contractors Association, a Washington, D.C.-based alliance of Native corporations, said it was worried about the rider. "NACA is concerned potential legislative actions may diminish current programs and negate the historical progress and positive effects of previous initiatives," the group said in a statement.

The scrutiny so far appears limited to Alaska Native corporations, some of which maintain close ties with powerful Sen. Ted Stevens (R-Alaska). It was Stevens who rewrote the Small Business Act to create the minority contracting program and exempt the corporations from limits on the size and dollar-value of the contracts.

But some Indian advocates fear tribal- and Indian-owned businesses in the lower 48 are at risk.

"The issue of any 'special' federal contracting incentives for American Indians and Alaska Natives continues to be one of a lack of education for the general public, non-Native business owners and, to a large extent, Congress," Homer said. "Tribes are not a minority group, but sovereign nations that have a unique relationship with the federal government that is defined and protected by constitutional law -- the legal basis for federal programs for Indians."

A $170 million defense contract awarded to two Alaska Native corporations came under fire but the courts said the Stevens program was legal. Last year, two Alaska Native corporations won sole-source defense contracts worth up to $500 million after they partnered with large non-Native companies that would have had to otherwise compete for the work or may have not been eligible for the work on their own.

In 2002, a Chugach subsidiary won a $2.5 billion contract -- to be shared with two partners -- for public works, engineering, aviation and marine-support services at a missile testing facility in the South Pacific.

The language in the Senate version of the appropriations bill reads as follows:
DEPARTMENT OF ENERGY SMALL BUSINESS CONTRACTS

SEC. 6023. Section 15(g) of the Small Business Act (15 U.S.C. Sec. 644), is amended by adding the following new paragraph:

`(3) For purposes of this section, the term `prime contract' shall, with respect to the Department of Energy, mean prime contracts awarded by the Department of Energy, and subcontracts awarded by Department of Energy management and operating contractors, management and integration contractors, major facilities management contractors, and contractors that have entered into similar contracts for management of a departmental facility. Contracting goals established for the Department of Energy under this section shall be set at a level not greater than the applicable Government-wide goal.'.

Section 15g is important because it defines the goals of government contracting to "small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women." By counting contractors and subcontractors as required by the Domenici rider, the goals for minority contracting would be met quicker.



WOULD A NON-INDIAN BUSINESS CONSIDER THIS NON-BID PROCESS AS 'ILLEGAL'??????????
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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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