FingerLakes1.com Forums
Page 21 of 81 < 1 2 ... 19 20 21 22 23 ... 80 81 >
Topic Options
#1449806 --- 06/06/14 04:11 AM Re: Still More Tribal News [Re: Timbo]
kyle585 Offline
Gold Member

Registered: 02/18/09
Posts: 19801
Loc: Somewhere out there
Originally Posted By: Timbo

Not so fast, Pilgrim.
You can only be a Pilgrim or a native. Which are you?
_________________________
**** ATTENTION! BAD POLITICIANS ARE ELECTED BY GOOD PEOPLE WHO DON'T VOTE! ****

Top
FingerLakes1.com
#1449835 --- 06/06/14 09:13 AM Re: Still More Tribal News [Re: VM Smith]
Timbo Offline
Silver Member

Registered: 07/18/12
Posts: 14386
Loc: CNY
Originally Posted By: VM Smith
Quote:

Of course every time it cannot counter a fact it deflects with a snide derogatory question with an implication that anyone disagreeing with its ignorance is wrong. Poor Bimbo, nobody else found it the least bit interesting. It obviously did not read the ruling and could not comprehend it if it did. So it finds someone else it agrees with so if anyone proved it wrong, it would claim it was not him, but the other guy. Heaven forbid it ever be proven wrong, like it has been hundreds of times.


It doesn't know much, doesn't want to, or isn't able to, learn much, and thinks it knows everything.

It's a bad combination of behaviors and disabilities, which render It worse than useless, and tending toward harmful to humanity. I don't think I realized exactly what the main problem is with this world until It showed up.

You're right; It is sort of entertaining, in a Barack the Compulsive Liar kind of way, where you're always mildly fascinated by the latest steaming pile of bs, but since I decided to try to remove toxic personalities from my life, to the extent practical, I've had to do without the laughs provided by Bimbo, Teonut, Insecure White Guy, and one other idiot. I think Floormat will be next. They ought to get together and start their own Troll Forum; they all no doubt find each other to be worth the oxygen they burn.

Besides, you have kids, so you've had practice in dealing with small children...I'll just enjoy watching you do it. wink

And yet, none of your collective musings change the facts, as I presented them. whistle
_________________________
Everyone's entitled to their own opinions, but not their own facts.

Top
#1449840 --- 06/06/14 09:58 AM Re: Still More Tribal News [Re: Rich_Tallcot]
Timbo Offline
Silver Member

Registered: 07/18/12
Posts: 14386
Loc: CNY
Originally Posted By: Rich_Tallcot
Originally Posted By: VM Smith
Quote:
The forum joke cannot connect a dot to itself or comprehend anything it disagrees with.

It displays an interesting combination of stupidity and dishonesty.
Hello VM: I know you wisely have the forum fool on ignore and cannot read its ignorance. I have not done so merely because its replies are so humorous. Its latest comeback challenging a unanimous 9 to 0 SCOTUS ruling posted two days ago questions:

"Does anybody else find it the least bit interesting that a strict constitutional originalist, completely disagrees with your hypocritical position on the issue?"

Of course every time it cannot counter a fact it deflects with a snide derogatory question with an implication that anyone disagreeing with its ignorance is wrong. Poor Bimbo, nobody else found it the least bit interesting. It obviously did not read the ruling and could not comprehend it if it did. So it finds someone else it agrees with so if anyone proved it wrong, it would claim it was not him, but the other guy. Heaven forbid it ever be proven wrong, like it has been hundreds of times.

See the footnote on page 9 of Justice Scalia's Bond opinion.

"The Congress cannot, by legislation, enlarge the federal jurisdiction, nor can it be enlarged under the treaty making power."

Bimbo, who strives toward unlimited tribal sovereignty, thinks it knows better. LOL

On the contrary, it cuts straight to point, by exposing your immaturity, hypocrisy, misrepresentations and obdurate refusal to acknowledge key aspects of the bigger picture, thereby exposing your consistent lack of credibility on this and other specifics.

Furthermore, for someone who seems to find snideness to be so unpalatable, you sure do have a proclivity for using far more infantile bastardizations of forum user names an other such low-minded insults.
_________________________
Everyone's entitled to their own opinions, but not their own facts.

Top
#1450007 --- 06/09/14 09:57 AM Re: Still More Tribal News [Re: Timbo]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Originally Posted By: Timbo

And yet, none of your collective musings change the facts, as I presented them.


your 'facts' contradict themselves
yawn...
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

Top
#1450008 --- 06/09/14 10:04 AM Re: Still More Tribal News [Re: Rich_Tallcot]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Originally Posted By: Rich_Tallcot
Originally Posted By: bluezone
Originally Posted By: VM Smith
You're wasting your time on a troll.

so true
So extremely true. The forum joke cannot connect a dot to itself or comprehend anything it disagrees with.


It is seeking attention
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

Top
#1450042 --- 06/09/14 12:58 PM Re: Still More Tribal News [Re: bluezone]
Timbo Offline
Silver Member

Registered: 07/18/12
Posts: 14386
Loc: CNY

WHO'S seeking attention? whistle
_________________________
Everyone's entitled to their own opinions, but not their own facts.

Top
#1450050 --- 06/09/14 01:32 PM Re: Still More Tribal News [Re: bluezone]
Teonan Offline
Senior Member

Registered: 05/30/12
Posts: 4831
Loc: Malmö
Originally Posted By: bluezone
Originally Posted By: Rich_Tallcot
Originally Posted By: bluezone
Originally Posted By: VM Smith
You're wasting your time on a troll.

so true
So extremely true. The forum joke cannot connect a dot to itself or comprehend anything it disagrees with.


It is seeking attention


ANOTHER classless dweeb taking a correspondence course from Greeneville's newly opened School of Cheap Shots using IT as a personal pronoun.

Knock yourself out dolt.


_________________________
"Everything that has ever happened to us is there to make us stronger."
-John Trudell


Top
#1450692 --- 06/13/14 11:02 PM Re: Still More Tribal News [Re: Rich_Tallcot]
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
http://www.uticaod.com/article/20140611/NEWS/140619816

3 municipalities sign agreement over Nation funds

• The Oneida County Board of Legislators has approved agreements with three municipalities to share funds from the historic settlement with the Oneida Indian Nation.

Under the May 2013 agreement between the state of New York, Oneida and Madison counties and the Oneida Nation, the state gets 25 percent of slot machine profits from the Nation’s Turning Stone Resort Casino, or an estimated $50 million a year. Oneida County is to get 25 percent of the state’s share, or about $12.5 million.

In order to get the money, the municipalities must agree not to sue over the settlement. If they do in the future, they must return any money that have received.

In addition to the municipalities now getting the funds, Sylvan beach and the town of Vienna have been offered agreements. So far, however, they have yet to accept. The towns of Vernon and Verona have not been offered agreements, because they are continuing lawsuits against the Nation.

Top
#1450693 --- 06/13/14 11:03 PM Re: Still More Tribal News [Re: Rich_Tallcot]
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
http://www.democratandchronicle.com/stor...izure/10322349/

click on the url for the full article

Feds, Cayuga-Seneca tribe reach settlement


Federal authorities and a Native American tribe have reached a settlement over a federal seizure of more than $550,000, more than a million cigarettes and other tobacco products.

The dispute represents one chapter in a bevy of court cases across New York with government officials challenging the extent to which Indian tribes can sell untaxed tobacco products. As part of the settlement over Skydancer, the Seneca-Cayuga tribe agreed to not reopen the store until upper-tier appellate courts have ruled on the rights of Indian tribes to sell untaxed cigarettes to people other than Native Americans.

Under the settlement:

• The government keeps about half of the seized money. The tribe agrees to use its half to restore some jobs lost at the Oklahoma reservation since the forfeiture litigation began last year.

• The government will auction off much of the seized tobacco inventory, and will keep 68 percent of the proceeds, with the tribe receiving the rest.

• The government will return 144 cases of seized Skydancer-brand cigarettes, which the tribe manufactures in Oklahoma and has agreed to destroy. The tribe will receive a refund of federal excise taxes it had paid on the cigarettes. Each case has 12,000 cigarettes.

The tribe wanted the cases of its signature-brand cigarettes out of circulation because the quality may have diminished during the lengthy storage period, said Kaufman.

• The tribe agreed that any cigarettes it sends into New York for sale elsewhere in the state will go through the state's cigarette stamping process, which ensures they will be taxed.

The Seneca-Cayuga tribe has consistently paid its property and school taxes for the store property, Kaufman said. The tribe has agreed to pay the 2014 taxes also, which had not been paid during the dispute.

Top
#1450827 --- 06/15/14 06:41 PM Re: Still More Tribal News [Re: Rich_Tallcot]
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
http://www.oneidadispatch.com/general-ne...ted-528-1025-am
Sherrill Commission approves deal with Oneida County 3-to-1

Despite a handful of individuals including Oneida County Legislators and a former mayor, the Sherrill City Commission approved a deal offered to them by Oneida County that would see the city receive roughly $58 per person, a total of around $160,000 annually, in exchange for their vow not to challenge the Oneida Indian Nation Agreement or raise pending litigation against the tribe or the county regarding land disputes or tax claims.

The vote passed three for and one against, With Mayor Bill Vineall and commissioners Jason Merrill and Patrick Hubbard in support of the agreement and Commissioner Mike Hennessy in opposition. Deputy Mayor Jeff Gilbert was not in attendance for the vote as he had prior obligations and had been excused earlier during the meeting.

[Note: I have covered this on similar votes as the county blackmails the towns and villages following the State blackmailing the county. I respect Mike Hennessey for holding to principles following the tribe cutting a deal with the State forgiving $298 million in property taxes plus giving the tribe 25,000 acres for a reservation in exchange for making compact payments which the State could have forced the tribe to pay anyway at any time following the lawsuit by UCE which had the compact by Mario Cuomo ruled unconstitutional. I hear that King Ray and his bribes did not accomplish this all on his own but the New Jersey mob was also involved.

To all of which is a futile attempt to legalize the scam and remove liability which is negated by the lawsuits of Vernon/Verona, UCE and CERA. The fact that the federal government, an indispensible party, is not part of the settlement, that the 2008 ROD was dismissed by Judge Kahn and the BIA has refused and ignored the court's orders as the lawsuits proceed should be interesting. ]

Top
#1450853 --- 06/15/14 10:22 PM Re: Still More Tribal News [Re: Rich_Tallcot]
VM Smith Offline
Diamond Member

Registered: 11/28/05
Posts: 38160
Loc: Ship of Fools
Quote:
The fact that the federal government, an indispensible party, is not part of the settlement, that the 2008 ROD was dismissed by Judge Kahn and the BIA has refused and ignored the court's orders as the lawsuits proceed should be interesting. ]


It does sound interesting.
_________________________
If you vote for government, you have no right to complain about what government does.

Top
#1451036 --- 06/17/14 07:52 PM Re: Still More Tribal News [Re: Rich_Tallcot]
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
http://www.syracuse.com/news/index.ssf/2...mpid=nwsltrhead
Click on url for full article
Wilmorite casino gamble: Boon or blight in small Finger Lakes town

Last November, the residents of the tiny town of Tyre at New York State Thruway Exit 41 voted 114 to 100 against a statewide gambling referendum.
It was a philosophical statement about allowing casino gambling anywhere outside Indian territory in New York state; not a question about building a $350 million casino with 2,000 slot machines, a 200-room hotel, five restaurants and spa with 3.3 million annual visitors in the Seneca County town of 899 residents.

"We never dreamed it would be here," said Catherine Strong, a "no" voter whose family stretches back five generations in Tyre.

Gambling lost in Tyre, but the referendum won all of Seneca County by 55 percent and, more importantly, it passed across New York state by 57 percent of the vote.
Soon after, men were seen surveying a plot of land just north of Thruway, over the bridge from the big Petro gas station. Neighbors started knocking on doors to gossip about what was going on.

Rochester-based Wilmorite wants to build a casino on the 82-acre farm site.
The project pits neighbor against neighbor in Gov. Andrew Cuomo's gamble to create jobs and boost tourism in Upstate New York.

Top
#1451376 --- 06/21/14 02:09 AM Re: Still More Tribal News [Re: Rich_Tallcot]
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
http://www.usatoday.com/story/sports/nfl...older/10996027/
Shareholders concerned about FedEx link to Redskins

http://www.ca2.uscourts.gov/decisions/isysquery/906b4a9b-d182-44d3-ab0c-81a90e280998/1/doc/13-3069_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/906b4a9b-d182-44d3-ab0c-81a90e280998/1/hilite/

NY Stockbridge-Munsee lose their Appeal...2nd Circuit Today

The Stockbridge&#8208;Munsee Community (“Stockbridge”), a federally
10 recognized Indian tribe, appeals from a judgment of the United States District Court for the Northern District of New York (Kahn, J.), dismissing its claims to title of a thirty&#8208;six square mile tract of land in upstate New York.
It is well&#8208;settled that claims by an Indian tribe alleging that it was unlawfully dispossessed of land early in America’s history are barred by the equitable principles of laches, acquiescence, and impossibility. We therefore affirm.

Top
#1451536 --- 06/23/14 03:48 PM Re: Still More Tribal News [Re: Rich_Tallcot]
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
http://www.syracuse.com/news/index.ssf/2014/06/nice_n_easy_founder_john_macdougall_dies_at_73.html

Nice N Easy founder John MacDougall dies at 73

Nice N Easy President and CEO John MacDougall, 73, has died.

MacDougall founded Nice N Easy Grocery Shoppes in 1980. Since, the convenience store chain has grown to 80 locations in upstate New York.

Nice N Easy tweeted Sunday night that the iconic Central New Yorker had died.

[Note: John will be greatly missed. Back when the Cayuga purchased and rebuilt the competing gas station in Union Springs John had a tax free day and allowed UCE to pass out literature to customers. Shortly after that the Union Springs Nice N Easy burned down. Due to the State refusing to enforce the tax laws John explained it was just not viable to rebuild and the village lost a good business. Had as good share of his customers not supported the tribe instead, it may have been different. The State is not the only one at fault for losing a good business. ]

Top
#1451741 --- 06/24/14 11:55 PM Re: Still More Tribal News [Re: Rich_Tallcot]
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
http://www.buffalonews.com/business/senecas-projects-to-go-beyond-tribal-territory-20140624
Senecas' projects to go beyond tribal territory

The lure of the area's construction boom is proving irresistible for a new competitor in the market.

No longer content to be limited to tribal construction projects, the Seneca Nation of Indians has formed a new business to accept contracts for building work outside the tribe’s sovereign territory.

With the approval of the Senecas' elected leaders and Tribal Council, the new entity, called 7 GENS, will start to pursue off-territory work on both public- and private-sector projects, operating as a general contractor or providing construction management services.

The new company is also seeking to become a certified New York State Minority Business Enterprise, which would allow it to bid for opportunities not only in the state, but along the Eastern Seaboard.

Click on url for full story

Top
#1451995 --- 06/26/14 05:55 PM Re: Still More Tribal News [Re: Rich_Tallcot]
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
http://www.ca2.uscourts.gov/decisions/isysquery/2ae5c7f3-a87a-41ba-9c46-428c0e2b30c1/1/doc/13-3069_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/2ae5c7f3-a87a-41ba-9c46-428c0e2b30c1/1/hilite/

UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
August Term, 2013
(Argued: June 18, 2014 Decided: June 20, 2014) 12
Docket No. 13&#8208;3069 34
&#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208;x 56
Stockbridge&#8208;Munsee Community, 78
9 Plaintiff&#8208;Counter&#8208;Defendant&#8208;
10 Appellant,
11
12 &#8208; v.&#8208;
13
14 State of New York, Mario Cuomo, as Governor of the
15 State of New York, New York State Department of
16 Transportation, Franklin White, as Commissioner of
17 Transportation, Madison County, The County of Madison
18 New York, Oneida County, New York, Town of Augusta,
19 New York, Town of Lincoln, New York, Village of
20 Munnsville, New York, Town of Smithfield, New York,
21 Town of Stockbridge, New York, Town of Vernon, New
22 York,
23
24 Defendant&#8208;Counter&#8208;Claimant&#8208;
25 Appellees,
26
27
Oneida Indian Nation of New York, 12
3 Defendant&#8208;Intervenor&#8208;
Appellee. 45
&#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208; &#8208;x 67
8 Before: JACOBS, STRAUB, and RAGGI, Circuit Judges.
9 The Stockbridge&#8208;Munsee Community (“Stockbridge”), a federally
10 recognized Indian tribe, appeals from a judgment of the United States District
11 Court for the Northern District of New York (Kahn, J.), dismissing its claims to
12 title of a thirty&#8208;six square mile tract of land in upstate New York. It is well&#8208;settled
13 that claims by an Indian tribe alleging that it was unlawfully dispossessed of land
14 early in America’s history are barred by the equitable principles of laches,
15 acquiescence, and impossibility. We therefore affirm.



http://www.courthousenews.com/2014/06/26/69074.htm

Affirming dismissal of a decades-old tribal claim to a wide swath of land in upstate New York, the 2nd Circuit cited a trio of cases that also involved ancestral lands.

"It is well-settled that claims by an Indian tribe alleging that it was unlawfully dispossessed of land early in America's history are barred by the equitable principles of laches, acquiescence and impossibility," the unsigned decision filed Friday states.

The Stockbridge-Munsee Community of Wisconsin brought the appeal after a federal judge in Albany dismissed its claims to 36 square miles of land - about 23,000 acres - lying between Syracuse and Utica.

Originally filed in 1986, Stockbridge's lawsuit against the state and others sought eviction and trespass damages.
The Oneida Indian Nation soon intervened as a defendant, claiming the land was part of its historic reservation.

A 2004 amended complaint argued that New York failed to get required federal consent for its acquisition of the tribe's upstate land in 15 transactions between 1818 and 1842.

The court dismissed the lawsuit after a settlement attempt failed, finding that the state and the Oneida enjoyed sovereign immunity and that the claims against the towns and counties were barred by a 2005 U.S. Supreme Court decision.


The 2nd Circuit last week cited that case, City of Sherrill v. Oneida Indian Nation of New York, as one of three decisions that "foreclosed" the Stockbridge land claim.

Sherrill involved Oneida's claim to a property-tax exemption on historic reservation land, but the Supreme Court deemed such a "disruptive remedy" time-barred by the "long lapse of time during which the Oneidas did not seek to revive their sovereign control through equitable relief in court and the attendant dramatic changes in the character of the properties."

Judges Dennis Jacobs, Chester Straub and Reena Raggi concurred for the federal appeals court, which also cited circuit precedent from 2005 and 2010 that cited Sherrill in turning back other "disruptive" and "long delayed" land claims by the Cayuga and Oneida nations.

Top
#1452007 --- 06/26/14 07:42 PM Re: Still More Tribal News [Re: Rich_Tallcot]
kyle585 Offline
Gold Member

Registered: 02/18/09
Posts: 19801
Loc: Somewhere out there
Originally Posted By: Rich_Tallcot
Sherrill involved Oneida's claim to a property-tax exemption on historic reservation land, but the Supreme Court deemed such a "disruptive remedy" time-barred by the "long lapse of time during which the Oneidas did not seek to revive their sovereign control through equitable relief in court and the attendant dramatic changes in the character of the properties."

Judges Dennis Jacobs, Chester Straub and Reena Raggi concurred for the federal appeals court, which also cited circuit precedent from 2005 and 2010 that cited Sherrill in turning back other "disruptive" and "long delayed" land claims by the Cayuga and Oneida nations.
So Rich, does this mean it is all over? grin
_________________________
**** ATTENTION! BAD POLITICIANS ARE ELECTED BY GOOD PEOPLE WHO DON'T VOTE! ****

Top
#1452028 --- 06/26/14 11:12 PM Re: Still More Tribal News [Re: kyle585]
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
Originally Posted By: kyle585
So Rich, does this mean it is all over? grin
The land claims have been over since the Sherrill ruling set precedent and hundreds of them fell like dominoes throughout the country. This was one of the last ones remaining.

They can and likely will appeal to SCOTUS just like the Cayuga did in their land claim and just like SCOTUS did with the Cayuga will deny their appeal letting the Second Circuit ruling stand. Then it will be over.

Anyone who is naive enough to think the land claims, foreclosure cases and trust applications have anything to do with one another is not worth the waste of time to explain it to.

Top
#1452299 --- 06/30/14 09:18 PM Re: Still More Tribal News [Re: Rich_Tallcot]
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
http://www.adn.com/2014/06/25/3534211/co.../#storylink=cpy


Compass: Issues unresolved in proposal for federal trust of Alaska Native land
By MARY BISHOPJune 25, 2014

What happens when the U.S. Secretary of the Interior takes lands into trust for Indian tribes? A recent national report recommends doing so to improve social conditions in our rural Alaska villages. While I do not presume to be an Indian law expert, I do know the issue is enormously complex.

In the Lower 48, when ownership of land is transferred to a tribe, the tribe can ask the Secretary to put it in trust status. According to a 2013 Pepperdine Law Review article the process, known as "fee-to-trust," is fervently opposed by many affected communities because the land is no longer subject to state and local taxation or zoning, planning, fish and game and other regulatory controls. Alaska tribes are asking for this fee-to-trust privilege. Trust status would provide a territorial land base for tribal governing authority -- two acres here, five acres there, 40 or 400 acres somewhere else. Presumably, lands could be given or sold to a tribe by regional or village Native corporations, by Native allotment owners (allotments exist extensively throughout Alaska), by any Native or non-Native individual or business interested in establishing a tribal business free of state taxation and regulation within the trust lands.

Those who understand Indian law best are those who passionately and patiently advocate for increased tribal authority and financial benefit available through judicious use of this complex body of law. They do not necessarily have the broader interests of all Alaskans in mind.

Why might Alaska tribes want lands put into federal trust? Several reasons come to mind. To improve the social and economic status of tribal members is the most frequently stated reason. But this seems illogical; virtually all reservations in the Lower 48 are on Indian country trust lands, and they do not generally seem to be good models for social or economic health.

Second, to have jurisdiction over domestic disputes within villages is another stated reason. However, the Alaska Supreme Court in 1999 has already confirmed some of that tribal authority in the John v. Baker case. Alaska tribal governments, even without the territorial base designated as "Indian country," retain sovereign power to regulate internal domestic affairs such as determination of membership, regulation of domestic relations among members, and regulation of inheritance. However, Alaska tribes do not now have jurisdiction over non-members.

A third important reason may be to gain territory, called "Indian country," over which tribes have governmental authority. In 1998 the U.S. Supreme Court ruled in the Venetie decision that no "Indian country" existed in Alaska except on the Annette Island Reservation. Lands transferred through the 1971 Alaska Native Claims Settlement Act (ANCSA) were not transferred to tribes. Instead Native corporations received land in fee title.

Congress declared in ANCSA that the settlement should be accomplished "without establishing any permanent racially defined institutions, rights, privileges or obligations, without creating a reservation system or lengthy wardship or trusteeship, and without adding to the categories of property and institutions enjoying special tax privileges..." Just before President Nixon signed ANCSA, village representatives voted overwhelmingly in favor of the legislation - 511 to 56.

The Venetie decision did not prohibit Indian country in Alaska in the future. If Indian country is established, then tribal courts would have jurisdiction within the confines of that territory--jurisdiction consistent with that allowed in certain other states. Would this be the unraveling of ANCSA?

To uphold ANCSA surely all the settlement lands should be exempt from federal trust status. This could best be clarified by Congress, through efforts of our congressional delegation. If the Lower 48 is any example, otherwise years of litigation can be anticipated.

A fourth important reason for gaining fee-to-trust benefits likely is to gain business and political advantage for tribes and their associates. Alaska is one of six states that are subject to federal Public Law 280, which means that the state and its municipalities have no regulation and taxation authority on trust lands. That authority resides with the tribe. In addition, tribes hold sovereign immunity from suit on most tribal business endeavors existing on trust lands. As examples, they cannot be sued for breach of contract or for injury to a customer in their business establishment open to the public unless a formal "waiver of sovereign immunity" has been signed.

Thus, tribal businesses that sell taxed products gain a substantial advantage over their neighboring non-tribal businesses. The Lower 48 has seen a boom in the Indian casino business. As a result some tribes are now among the largest contributors to political campaigns and spend millions on lobbying efforts.

The Venetie case concerned the village's effort to tax a contractor building a state school on land owned by the village pursuant to ANCSA. Lower courts had upheld the tax. If these lands had been in federal trust, would the Supreme Court have also upheld the tax?

Sometimes a non-Indian business entity in the Lower 48 joins with a tribal group to establish a non-taxable business on tribal lands. I don't think this would relate to the lucrative federal 8(a) contracting in which many Alaska Native corporations engage -- but it's another item to have clarified.

Tribal members living on trust lands are full citizens of the state, must receive all state benefits, and can vote on state and county/borough bonding issues. But members living within Indian country cannot be taxed to support them. Members can be elected to state or municipal office and vote on budgets for which many of their constituents would have no tax responsibility.

Is this "representation without taxation"? It may make good business sense to gain this privilege - but is it good public policy? How would this impact the "rural-urban" divide and racial relations in Alaska?

These are only some aspects to be considered when supporting or opposing the proposal to take Alaska tribal lands into trust status. I suggest interested parties check the internet for a "fee-to-trust introduction" by Citizen's Equal Rights Alliance and study "American Indian Law in a Nutshell," by Ninth Circuit Judge William Canby. But no text will have all the answers; masses of litigation are ongoing constantly. The Pepperdine Law Review article stresses the need for comprehensive reform of the fee-to-trust process.

I encourage readers to comment soon on this federal proposal "to take land into trust for Alaska Native tribes." The Department of Interior welcomes written comments by June 30, 2014. Email comments to consultation@bia.gov or mail to Mr. Kevin Washburn, Assistant Secretary-Indian Affairs, 1849 C Street NW, MS 7328-MIB, Washington, D.C. 20240. Please also send copies to Governor Sean Parnell and our congressional delegation.

For over 50 years, Mary Bishop has lived in Fairbanks and Interior Alaska villages. During the 1980s and 1990s she edited the Alaska Outdoor Council's quarterly newsletter, and in that capacity became familiar with the issue of Indian country in Alaska.

Top
#1452300 --- 06/30/14 09:20 PM Re: Still More Tribal News [Re: Rich_Tallcot]
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
Breaking news:

The Washington Redskins drop the word Washington from their name, as they find it embarrassing.

Top
Page 21 of 81 < 1 2 ... 19 20 21 22 23 ... 80 81 >