Crow Tribe

Senate Finance Committee Hearing on Tribal Tax Policy

Matthew L.M. Fletcher

Go Del!

From Indianz:

The Senate Finance Committee will hold a hearing on Tuesday, July 22, to address tax policy in Indian Country.

Sen. Max Baucus (D-Montana), the chairman of the committee, said the hearing will address three specific issues: the Indian Employment Tax Credit, the tax-exempt bonds for tribal governments and accelerated depreciation for tribes. Witnesses at the hearing include Dante Desiderio, an economic development specialist for the National Congress of American Indians; Del Laverdure, the chief counsel for the Crow Tribe of Montana; and Wayne A. Shammel, the general counsel of Cow Creek Band of Umpqua Tribe of Indians in Oregon. The hearing takes place at 10am in Room 215 of the : Senate Dirksen Office Building.

Committee Notice:
Indian Governments and the Tax Code: Maximizing Tax Incentives for Economic Development (July 22, 2008 )

Fourth Part of Billings Gazette Special Report — Tribal Economies

Matthew L.M. Fletcher

From the Billings Gazette:

The Crow Tribe recently signed an innovative agreement with Montana and the federal government that will make it easier for banks to offer secured loans on the reservation. Essentially, it provides for seizure of personal property used as collateral when a loan is in default. (It does not apply to land held in trust for the tribe or its members.)

In 2004, the Crow Tribe adopted The Crow Finance Protection and Procedures Act, which makes it possible for banks to foreclose on trust property within the reservation. The catch is that at the foreclosure sale, the land can be sold only to the Crow Tribe or to a member of the tribe. If no eligible bidder can meet the price, the lender gets the beneficial title to the property but must continue to try to sell it to a qualified Crow buyer.

Differences in state and tribal law do come with some complications, but they aren’t barriers, said Mike Eakin, who works in the Billings office of Montana Legal Services.

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Third Part of Billings Gazette Special Report on Tribal Sovereignty

Matthew L.M. Fletcher

From the Billings Gazette:

Despite court rulings that slice away at tribal sovereignty, Indian law specialist Tom Fredericks of Boulder, Colo., believes “tribal governments are stronger than ever.”

They have to be. Retreating federal budgets place ever more burden on Indian governments to provide basic services.

The Bureau of Indian Affairs for years has been turning more federal responsibilities over to the tribes, contracting with them to provide services such as law enforcement, education and social services on the reservations.

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NILL Blog Posting on Model Tribal Secured Transactions Act

Matthew L.M. Fletcher1 Comment

From NILL:

The conference proceedings for “Sovereignty symposium 2007 : making medicine” (2007) provide a wealth of information on the Model Tribal Secured Transactions Act. The Act itself is provided, along with analysis, sample tribal codes/regulations and sample tribal compacts (or intergovernmental agreements). Much of the information is reprinted with permission from the National Conference of Commissioners on Uniform State Laws and can be accessed at the NCCUSL’s web site.

For more information, go to the National Indian Law Library’s online catalog at http://nillcat.narf.org/ Then type “security law” into the Subject Terms field.

Training on Model Tribal Secured Transactions Act

Matthew L.M. Fletcher1 Comment

From the Houston Chronicle:

BROOMFIELD, Colo. — American Indians who had trouble getting loans because of a disparity between tribal and state laws are learning about new legislation that could make the process easier.

Representatives from about a dozen tribes around the country are expected to attend a meeting in this Denver suburb Friday and Saturday to discuss a model tribal law first adopted by Montana’s Crow Tribe last month.

Banks have previously been reluctant to loan money to people on reservations because of the difficulty of going through tribal courts if the borrower defaults. Under the “Model Tribal Secured Transaction Act,” tribal laws would conform to state laws if a default case ends up in tribal court.

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Constitutional Challenge to State Hunting & Fishing Regs in Montana in CA9

Matthew L.M. Fletcher

The conservative property rights litigation machine Mountain States Legal Foundation sued the State of Montana for its reservation-based hunting and fishing regs. The lower court dismissed the claim, applying the rational basis test (ala Morton v. Mancari). The Ninth Circuit has yet to rule. Here are the materials.

Roberts v. Hagener District Court Opinion

Roberts Appellant Brief

State of Montana Brief

Roberts Reply Brief