This West Is OUR West

Bureau of Indian Affairs opens consultation on big economic proposal 0 & Federal Register

Hello all,

I cannot emphasize enough how serious this new assault to govern and tax all businesses on Indians reservations is to state revenues and the civil rights of all non-Indian businesses on reservations. Centuries ago Congress addressed Trader regulations for spurious traders abusing Indian tribes. Today, with all Indian reservations long ago opened up for settlement, thriving counties, towns and businesses that have enhanced the quality of life on Indian reservations for tribal members and everyone...well, - the UN-settling of the West is well under way.  Read the brief paragraphs below, and it's immediately clear that two goals are set:

1) Strip away state tax revenues derived from non-tribal businesses on Indian reservations;
2) Install, tribal tax, control and govern all non-tribal businesses ("traders") on Indian reservations.

Left unchallenged, this antiquated "Traders" language will affect farmers, cattlemen, small and large businesses, perhaps even landlords - on Indian reservations...anyone "trading!" The multi-millions dollars of tax revenue lost to states will surely create increased property and other state taxes while removing state authority over its non-tribal businesses on reservations.  Note that the language proposed includes "purchasers" on Indian reservations as well.

How is it possible to have America First, with 567 "First" Nations as adversaries to the very country that subsidizes and sustains them?

This is ugly and requires a nation-wide voice of opposition. Silence will most certainly drive off the very people who helped Indian reservations prosper and thrive. Rather than appreciation for centuries of hard work and progress that non-Indians have provided to their reservation neighbors, - this "Traders" beastly concept, will ultimately bite the very hands that have fed them for centuries, and have promoted economic prosperity for tribes and their members.

Elaine Willman* - See quote below:

* * *


Bureau of Indian Affairs opens consultation on big economic proposal
Tuesday, February 7, 2017

The Bureau of Indian Affairs isn't letting the change in administration slow down plans to address a big taxation issue for tribes. A notice that will be published in the Federal Register on Wednesday announces a series of consultations on the Indian Trader Regulations. Tribes will be able to use the sessions to address what they consider to be unfair systems of taxation. Businesses that set up shop in Indian Country are often forced to pay taxes to states and local governments. That deprives tribes of revenues that could be used to improve services and infrastructure in their communities. It also creates uncertainty for outside entities that might otherwise want to bring jobs and development to reservations.

"Dual taxation of traders and activities conducted by traders and purchasers can impede a tribe's ability to attract investment to Indian lands where such investment and participation are critical to the vitality of tribal economies," the BIA said last month when it announced plans to update the rule. "Tribal communities continue to struggle with unmet needs, such as in their schools and housing, as well as economic development, to name a few. Moreover, beyond the operation of their governments, tribes continually pursue funding for infrastructure, roads, dams, irrigation systems and water delivery."

The revenues bypassing Indian Country can be staggering. In Washington, the Tulalip Tribes are losing out on about $40 million a year under a taxation system that's being challenged in federal court with the help of the Department of Justice. In North Dakota, the numbers are even more outrageous. In the last three years, Mandan, Hidatsa and Arikara Nation has been deprived of more than $1 billion due to the way the state imposes taxes on energy development on the reservation. "We wish the numbers were only $40 million," Chairman Mark Fox said at a tribal conference where dual taxation was discussed. "A billion dollars. Not $40 million. A billion dollars." The tribe has since threatened to walk away from the agreement. The Indian Trader Regulations were first issued in 1957, at a time when opportunities on reservations were few. The BIA attempted a not well-received update in the early 1980s but tribes have since made great strides in improving their economies through housing, retail, gaming and other developments. With President Donald Trump now in office, the forthcoming update gives his administration a huge opportunity to help tribes make even greater advancements.

* * *

*Elaine Willman is author of Going To Pieces...the dismantling of the United States of America, and Slumbering Thumder...a primer for confronting the spread of federal Indian policy and tribalism overwhelming America.
Phone: 509-949-8055

* * *

[Federal Register Volume 82, Number 25 (Wednesday, February 8, 2017)]

[Proposed Rules]

[Pages 9706-9707]

From the Federal Register Online via the Government Publishing Office []

[FR Doc No: 2017-02573]



Bureau of Indian Affairs

25 CFR Part 140

[178A2100DD/AAKC001030/A0A501010.999900 253G]

RIN 1076-AF30

Traders With Indians

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Advance notice of proposed rulemaking; Tribal consultation.


[[Page 9707]]


SUMMARY: This document announces details for Tribal consultation

sessions to discuss the advance notice of proposed rulemaking on

Licensed Indian Traders, which the Department of the Interior

(Department) published on December 9, 2016. The Department is

interested in whether to address the Indian trader regulations and, if

so, how.


DATES: Please see the SUPPLEMENTARY INFORMATION section of this

document for dates of the Tribal consultation sessions.



document for venue information on Tribal consultation sessions.


FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of

Regulatory Affairs and Collaborative Action, Office of the Assistant

Secretary--Indian Affairs; telephone (202) 273-4680,


SUPPLEMENTARY INFORMATION: The Department of the Interior will be

hosting consultation sessions with Indian Tribes on the ANPRM regarding

whether and how to address the Indian Trader regulations at 25 CFR part

140. We will accept both oral and written communications at these

consultation sessions. The following table lists dates and locations

for the consultations.



                                 Time (local time zone)

             Date                                    Location


Thursday, February 23, 2017...  8:30 a.m.-12 p.m.  Swinomish Casino & Lodge

                                                     12885 Casino Drive,

                                                      Anacortes, WA 98221.

Tuesday, February 28, 2017....  8:30 a.m.-12 p.m.  Miccosukie Resort & Gaming

                                                    500 SW. 177th Avenue,

                                                     Miami, FL 33194.

Thursday, March 2, 2017.......  8:30 a.m.-12 p.m.  Harrah's Resort Souther California

                                                    777 Harrah's Rincon Way,

                                                    Valley Center, CA 92802.

Tuesday, March 7, 2017........  8:30 a.m.-12 p.m.  The Northern Hotel,

                                                    19 N. Broadway,

                                                    Billings, MT 59101.

Thursday, March 9, 2017.......  8:30 a.m.-12 p.m.  Holiday Inn--Rushmore Plaza

                                                    505 N. 5th Street,

                                                    Rapid City, SD.

Monday, March 13, 2017........  Please see the agenda at the RES 2017 conference hosted

                                                  by the National Center for American Indian Enterprise Development.

                                                     Mirage Resort &  Casino,

                                                     3400 S. Las Vegas Blvd.,

                                                      Las Vegas, NV 89109.

Tuesday, March 14, 2017.......  8:30 a.m.-12 p.m.  Mystic Lake Casino Hotel

                                                    2400 Mystic Lake Blvd.,

                                                    Prior Lake, MN 55372.

Thursday, March 16, 2017......  8:30 a.m.-12 p.m.  Seneca Allegany Resort & Casino,

                                                     777 Seneca Allegany Blvd.,

                                                     Salamanca, NY 14779.


    Please refer to the publication on December 9 (81 FR 89015) for

background and information the Department is seeking through this



Dated: January 31, 2017.

Michael S. Black,

Acting Assistant Secretary--Indian Affairs.

[FR Doc. 2017-02573 Filed 2-7-17; 8:45 am]