And now:Ish <[EMAIL PROTECTED]> writes:

Please contact the representatives from your state to ask that they
strongly oppose this bill.  It further erodes land base of the Tribes.
SEE: http://www.tdi.net/ishgooda/index2.htm for a link to representatives
in your state
Ish
~~~~~~~~~

From: [EMAIL PROTECTED]
Message-ID: <[EMAIL PROTECTED]>
Date: Sat, 5 Jun 1999 16:00:36 EDT

Tax and Economic Development Update 
June 02, 1999

Analysis of New Istook Bill. While not the sponsor, Representative 
Ernest Istook (R-OK) is the primary motivator behind H.R. 1814 
introduced by Representative Peter Visclosky (D-IN) and twenty other 
House members. Like past versions of this legislation, H.R. 1814 
attempts to link lands into trust to the collection of state sales 
taxes. However, unlike previous versions, H.R. 1814 goes after existing 
lands into trust, not future applications as we reported earlier this 
month. 

Under H.R. 1814, the Department of Interior ("DOI") is charged with 
developing a certification process to determine if all tribal or Indian 
owned retail establishments on Indian land are in compliance and have 
paid in full all state retail taxes. If the tribe is "certified" to be 
in compliance, any grants pending approval by federal agencies would be 
given "priority" status. (The sponsors refer to this priority as an 
incentive, but do not define or outline exactly what priority means.) 

If a tribal or Indian-owned retail establishment is found not to be in 
compliance, then the state could petition the DOI to remove the land 
that the retail establishment sits upon from trust status. The affected 
tribe would have the right to a public hearing on the manner before the 
Secretary. However, unless the tribe pays the state what it "owes" or 
enters into a compact with the state for collection of the state taxes, 
DOI would remove that land from trust status. Trust status can be 
restored if a tribe makes payments to a state for not less than one year 
or it has entered into an agreement with a state to make such payments. 
The loss of trust status would not affect the eligibility of benefits or 
services to the tribe or individual in the area removed from trust 
status. 

The new approach taken by H.R. 1814 and its sponsors has the potential 
to persuade new House members who have no record on the issue of lands 
into trust and those House members who have a back and forth record the 
issue to vote for the bill in, either stand alone form or as an 
amendment to an appropriations bill. We strongly encourage tribes and 
tribal supporters to educate new House members about this issue and 
oppose H.R. 1814. 

Copyright © 1999 LEGI\X Company, Inc. 


Reprinted under the fair use http://www4.law.cornell.edu/uscode/17/107.html
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