And now:Ish <[EMAIL PROTECTED]> writes: From: Aura Kanegis <[EMAIL PROTECTED]> To: Subject: FCNL Native American Legislative Updates for June 25, 1999 Date: Fri, 25 Jun 1999 12:17:58 -0400 MIME-Version: 1.0 The following are updates and action suggestions from the Friends Committee on National Legislation (FCNL) regarding Indian affairs legislation for the coming two weeks. These messages focus on selected legislation which Congress is considering now, and suggest some points that you may wish to make in your communications with Congress. These messages are intended as a supplement to other FCNL Native American Program materials and do not reflect FCNL's complete policy position on any issue, nor do they include all pertinent facts on any topic. For more information, or to request the FCNL Indian Report and other background documents, please contact Aura Kanegis, FCNL Legislative Associate for Native American Affairs: (202) 547-6000; 245 2nd St. NE, Washington, DC 20002; [EMAIL PROTECTED] TRUST LANDS AND STATE TAXATION. On May 13th, Representative Visclosky (IN) introduced HR 1814, a bill which would instruct the Department of Interior to take tribal lands out of trust status if a retail establishment on that land is not paying "qualified state taxes". The bill would also give tribes that have compacts with surrounding state governments priority in receiving federal grants. Tribal trust lands are critical to tribal survival and cultural preservation, and their status should not be threatened as a means to force tribes into tax agreements with state governments. Not since the 1877 Allotment Act has Congress passed legislation designed to take tribal land out of trust status. Tribes lost more than 90 million acres of reserved lands during that era, of which less than 8 percent have been recovered. Further removal of tribal trust lands for any purpose would be unconscionable given this history. This particular proposal is troubling for a number of reasons: --Decisions regarding trust lands should be a federal, not state, responsibility. HR 1814 would shift authority over land trust decisions from the federal government to state and local governments by giving state and local governments the power to effect the removal of tribal lands from trust status. Tribal governments would have no recourse against state and local governments that refused to negotiate the required tax agreements or that proposed unfair tax compacts. Unlike the federal government, states are not accountable to the trust responsibility. --States should not seek to tax revenues on reservations. Tribes are distinct sovereign governmental entities. States accept the sovereign authority of other states to establish their own tax laws. Likewise, the sovereign authority of tribal governments to establish their own tax laws should be recognized by state governments. States are not seeking to tax the revenues of neighboring states for sales to non-residents. Why are tribes being singled out? As a result of Supreme Court decisions in recent years, states do have the authority to collect tax on sales to non- Indians made on reservation land, but they are certainly not required to do so. Several states have worked out voluntary agreements with tribes for the collection of these taxes, while other states have waived their claim to collect these taxes in deference to tribal sovereignty. HR 1814 would undermine these agreements. --Dual taxation inhibits economic growth. State taxation of tribal sales forces tribes to choose between reducing much needed tax revenues by refraining from taxation or discouraging economic growth by double taxing businesses. --Tribal revenues are used to provide important services in reservation communities. Tribal revenues provide governmental services for tribal members and for critical infrastructure development. Taxes paid to state governments do not result in equivalent services from the state to the tribal community. The tax base for most tribes is extremely limited. Tribal members who live or work outside their tribe's reservation are already taxed directly by surrounding state governments and cannot pay tribal taxes. Tribal businesses are a critical part of fragile tribal economies, and should not be tapped as a source of cash for surrounding states. ACTION: Contact Rep. Visclosky and your representative to voice opposition to HR 1814. Congress should be encouraging tribes to reclaim trust lands and consolidate their reservations rather than pursuing legislation which would threaten the removal of trust status on tribal lands. INDIAN EDUCATION. In August of 1998, President Clinton signed Executive Order 13096 on Indian Education. It had as its centerpiece six goals that federal agencies should meet. These include: 1) Improving reading and mathematics; 2) Increasing high school completion and post-secondary attendance rates; 3) Reducing the influence of long-standing factors that impede educational performance, such as poverty and substance abuse; 4) creating strong, safe, and drug-free school environments; 5) Improving science education; and 6) Expanding the use of educational technology. These goals laid the groundwork for federal agencies to begin coordinating efforts and resources to begin addressing the education needs of all American Indians and Alaska Natives. Reauthorization of the Elementary and Secondary Education Act of 1965 (ESEA) is scheduled for this session of Congress. This legislation authorizes all K-12 federal education programs, including the Office of Indian Education (OIE). On May 27, Senator Edward Kennedy (D-MA) and six co-sponsors introduced S.1180, the "Educational Excellence for All Children Act of 1999." H.R.1960, a companion bill in the House, was introduced on May 26 by Rep. Clay (MO) and twenty co-sponsors. Reauthorization of the ESEA represents an important opportunity for the administration to advance aspects of the Executive Order on Indian Education. Yet HR 1960 and S 1180 instead remove authorizations that are key to meeting the goals espoused by the Executive Order. These include fellowships for Indian students, gifted and talented education, adult education, and support for tribal departments of education. These provisions should be left intact, and the funding that was authorized but never delivered should be appropriated this year. ACTION: Contact your representative and senators, especially if they serve on the House Education and Workforce Committee to voice opposition to sections of ESEA reauthorization that would eliminate Indian programs within the Department of Education. FY2000 FUNDING FOR TRIBAL PROGRAMS. On June 24, the Senate Appropriations Committee marked up a $13.9 billion Interior Appropriations bill. The bill would provide $1.2 billion less than the President's request and roughly $80 million less than the FY99 enacted level. Nonetheless, the amounts proposed by the Senate Subcommittee for Indian programs are higher than some expected. Unless the House allocation is increased, however, the House Subcommittee will be under pressure to adopt sharply lower funding levels for Indian programs, likely leaving it to a House- Senate conference committee to set the funding level somewhere between the House and Senate numbers in late Summer or early Fall. House allocations call for a 19.3% cut from FY99 appropriations in Interior programs, a 12.6 % cut from FY99 enacted levels for Labor, Health and Human Services, and Education funding, and an 8% cut from FY99 enacted funding levels for Veterans Affairs/Housing and Urban Development. ACTION: Contact your senators and representative, especially if they serve on the House or Senate Appropriations Committees. Urge them to support the President's FY 2000 budget request for the Bureau of Indian Affairs, the Office of Indian Education, Native American Housing programs, and other critical programs in Indian Country. http://www.fcnl.org Reprinted under the fair use http://www4.law.cornell.edu/uscode/17/107.html doctrine of international copyright law. &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ &&&&&&&&&&&&&&&&&&&&&&&&&&