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Cowboy Banks Get Big Bucks as Indians Get Little: Ann Woolner
First Nation People And the Law
Concept: Why aren't First Nation people citizens of the state in which they reside, and the answer is, they do not live in the state.
Reservation land is considered outside of the state even if it is enclosed by it.
Yes, they still do use public education, state roads, etc., and hence the taxation and sovereignty issues are very much disputed.
First Nation People living on reservation land and not in a state at large.
If an Indian moves onto state land, he or she is subject to the laws of the state and local ordinances.
For instance, reservation territory does not have to calibrate gasoline dispension, allow the State Health Department to inspect facilities, or follow state environmental laws. That, again, is on reservation land. The local assertion of the NYS Oneidas has been that any land they buy here should be removed from state tax rolls, and not subject to any state or local regulation. This was struck down by the U.S. Supreme Court in the case of the City of Sherrill v.s. the Oneida Indian Nation a couple of years ago, though in most cases, the taxes are not yet paid.
The Supreme Court ruled that on land purchased off the reservation, taxes are due and they are subject to state and local laws unless the land is put into trust with the Office of I.B.A.
There are enormous issues of state v.s. Indian government sovereignty here. Yes, it is problematic. The land claim issue here revolves around land that was purchased by the State of NY long ago, but the purchase was not ratified by the U.S. Congress.
Only Congress pass laws regarding First Nation People.
Another example would be if I committed a crime on reservation landor if a crime was committed against me there, it would fall only to the First Nation Justice System which controls whatever happens on the reservation. No state or local laws would apply there. I could not take someone to court in the State of New York for committing a crime against me on the reservation. This is my understanding after signing a contract with their legal department.
Instead of having I.D. as citizens of the State of New York, they have clan cards. The Oneidas used to use them off reservation to avoid sales tax in stores, but I believe that may have been struck down. Ex-governor Cuomo negotiated a pact with the Oneidas for a Casino, but that appears illegal because he was a representive of the State and not Federal Government. It is expected to be challenged in court.
States cannot negotiate pacts with foreign entities. Another example is the issue of school tax. Most Oneidas here attend public school off the reservation. They do not pay school tax. Instead they offer what is called the "Silver Covenant Grant." However, this money can, and has been withheld. In Stockbridge, the Nation was not pleased with a Native American teacher that the school felt was doing her job. The grant was withheld, and the school district was forced to fend for money in other ways, and cut back on programs in order to avoid firing the teacher. In other instances they have imposed that certain essays be assigned the students that show the Oneida in a certain light, threatening to withhold the grant money if the district did not comply.