Tuesday, January 10, 2012

Native American Business

http://www.linkedin.com/news?viewArticle=&articleID=5561920538001022988&gid=2458681&type=member&item=88303352&articleURL=http%3A%2F%2Fwww%2Egalandabroadman%2Ecom%2F2012%2F01%2Famend-ira-section-17-to-allow-federal-incorporation-for-tribal-members%2F&urlhash=tQr_&goback=%2Egmr_2458681%2Egde_2458681_member_88303352

I am going to take a shot in the dark here and relate this post to something I have been developing as a response to local stories about business and economic issues.

I believe I kept the article on my desktop at home or possibly further up in this online document, but the point of the article was to discuss the parameters of governing and business.

The relationship of Federal/State/Tribe in Government to Government needs some clarity.

I actually wrote a whole article in Blogger Post to be saved as a draft, but as luck would have it, it never saved. I will rewrite it to include this information and how it pertains to the

Federal Incorporation of Tribes and how it effects Taxation.




Section 17 of the Indian Reorganization Act, 25 U.S.C. § 461 et seq. (1934), provides that “[t]he Secretary of the Interior may, upon petition by any tribe, issue a charter of incorporation to such tribe . . . .” 25 U.S.C. § 477. Although the title of the IRA states that the statute was intended “to extend to Indians the right to form business and other organizations” (48 Stat. 984), and Section 19 defines an “Indian” as “all persons of Indian descent who are members of any recognized tribe now under Federal jurisdiction” (25 U.S.C. § 479), Interior takes the position that Section 17 itself mandates that charters only be issued to a “tribe” and not any tribal member.

This is why in my notes for Tribal Organization of Business, I was trying to tie property easement to the legal structure of enabling Tribal Commerce to exist. The Government saw these opportunities to tax a new market share through crossing over the sovereign threshold to free money. They contribute no investment and allow growth through no risk only to reap the benefit of contributions to the coffers. This is the 20 century Business model of America. While tax payers stand by and foot the bill of the machines existence, the machination of American Taxpayers debt rises of no actions of their own. Why do you think they want a Business man to run the country? Business is based on a formula that does not factor in the Human circumstance other than resource. It does not give back, except to the created commerce spending to support it’s own existence. It is a Myth, a Hoax and scheme to believe that these man made crisis interventions will result in a better outcome for United States citizens. What makes you think the Native American community will gain any more control of the pie. The whole cake is filled with inflated references to self determination. The ingredients are preservatives to provide our financial hunger with a promise of payoff in a mythical future.

I understand a certain Mantra in Business that attempts to clarify the message: “If you are not a Builder then you must be a Destroyer.” This is an explanation that provides the incentive to either get on board or abandon ship. Using this message to predict the whole sale of U.S. patriotism in the oncoming Presidential Election will in effect turn a chapter in American History.

The Chapter will no doubt record a time when the minority groups of America came to power to only have a brief voice of equality. The Ideology that follows is be a part of mainstream America because you have a voice. This is the false claim that average working class people will again rise to the occasion to provide strength in industry. The truth is outsourcing will never be reversed and the con is to negate an uprising.








How does this relate to Indian Country? It is the blueprint from whence these manufactured half truths are tested. Think about it! Our Businesses grow with the resources we do not possess. We need capitol which we will gladly trade to invest in producing revenue generators to whom? The idea is to our self for income, but the truth is it goes back to the Lenders at an interest converted to profit. Let me put it this way, you have money which didn’t originate from your own creation. You spend it on things you don’t own, only to build a profit for somebody else. Understanding ownership is the key to the whole model of Business that will eventually allow return on investment.

We don’t own bricks, so the buildings that we build are made by somebody else. We don’t own whole sale distributorships, so all goods traded within our vicinity are the product and investment of somebody else. These examples equate to the Profit being shared by other owners outside of the reservation. The question is Why? This where you refer to Section 17 of the Indian Reorganization Act.

The title of the IRA states that the statute was intended “to extend to Indians the right to form business and other organizations.” I explained that the Government saw the opportunity to tax a new market share through crossing over the sovereign threshold to free money. This is the property easement in relation to legally providing an avenue to supersede the right of way protection on Tribal commerce. It goes on to state, “Interior takes the position that Section 17 itself mandates that charters only be issued to a “tribe” and not any tribal member.”


What does it all mean? Well I’m not a Lawyer or a C.P.A. but I’m pretty sure it suggests that as an individual you have no right to turn a profit. The only reason the provision allows to issue a charter of incorporation, is to gain Authority of Taxation where one does not currently exist. Flat out as far as the Government is concerned, you are no longer a Tribe. You are recognized corporation X.Y.Z. which is held accountable just as any other taxable entity.

These reason I emphasized the “resource ownership,” is to argue the fact that Tribes cannot gain full control of the chosen market of investment. Example under the Reorganization Act,
I can’t be recognized by the Interior as a Legitimate Business or corporation. As an individual, I can go to my Tribe to apply to become a Licensed Business, but never more than that. The drawback is under Tax filing Law I have to pay taxes. So what’s the point of being apart of a Sovereign Nation? It’s a dilemma that we all will face sooner or later because we are all share holders of a Business, not a Tribe according to the United States Government.







I think we should consider the original interpretation of our Treaty. When we take these issues to the Highest Court in the Land, we must provide the counter argument to easement of property in trust. We define ownership & tenancy with regards to estate, land and inheritable right. The aforementioned incorporation or charter is an infraction to the Legal contract.

In Laymens terms, how can you force me to sign a lease agreement when I am the Landlord and you are the Tenant?

Tuesday, January 3, 2012

To Old Aquaintence be Forgotten

Well it's a new year and time to let go of the old and bring in the new. Like the title says which is a line in the Traditional hymn "Old Lang  zine" who knows what it really means? I can say the same thing about the things that have happened in 2011? Organized Chaos, I believe is the correct term for it or in my case In-organized Chaos. I have changed jobs, changed my outlook and even changed my underwear. So far, I'm on a roll and things are looking up. My son said it best when he compared what I do for a living with his favorite Lego Action Figures. He said, "Dad your not Bad Guy who takes money anymore! Now your a Good Guy who gives Money!" To be young & innocent is precious and I replied, "Yes son, your right!" You see I use to work at a Casino, but now I work at a Credit Union. I give instead of receive, well technically I don't do either because I'm a Computer Specialist, but if you ever worked with me you probably heard a comment or to about what either of the institutions really do. This last year they both gave back to the members of the Tribe. We call it Per Capita Payment, but the outside world see's it as free money! This is a good place to start in a new year in which we really should clear up some misconceptions. Per Capita Payments were initiated by the U.S. Government after we were force to sign a Treaty for our Ancestral Lands. The descendants of slaves refer to this type of transaction as "Forty acres and a Mule." It generally means a payment for some type of compensation. Compensation usually means that something of value has been lost, damaged or can't be replaced, so an offering is made in replacement. "Cue the Soap Box," as this is where I will start. Every year we scream & cry, yell for this money as it is owed to us. Let me ask you a question though? If it is Compensation for something we lost, is it our Pride or Dignity? Is it our Language or our Cultural ways? You see, I just want to be sure I get the value amount correctly because none of those things seem to be possible to be replaced by payment. I went to General Council and the things I witnessed did not reflect any of those Traditions. We live in a very different time these days and like my son's action figures I don't know if I'm in a institution that robs from the rich and gives to the poor? Our Tribe is considered to be Rich by most Congressional Tribal Recognition Standards. One day, I was looking at a map of the United States and I noticed the Yakama Tribe the Colville Tribe and the Navajo Nation stand out as the biggest Land Masses along with the Warm Springs. All the other Tribes are minor in size and in Oklahoma where I know there are many tribes, there are no landmarks that mark reservation boundaries. What does it mean? Well I will tell you what I think and you be the judge. I see history as a story of education where all the previous nations were desicrated by the U.S. Government. The Nez Perce which I forgot to mention earlier, put up one of the most historical battles by being chased clear around the Pacific Northwest to eventually surrendering in Canada. You see the Northwest Plateau Tribes were very skilled on the horse as it was one of the traditions to race them. So we had some really fast horses and some skilled warriors, but that is not why I think were had the best negotiations with the Government. The truth is we had some very good advocates. Missionaries were our strong voice in Washington D.C. Clergy men from the Christian Missions that preceded the white eye's coming. They were very influential and even today we run our own affairs according to religion. The Long House or Smohalla, as it was originally known was a following of a leader Smohalla. He was a peaceful man who fished for a living and his teachings were known up and down the Big River (Niche Awana). Indian Agents spyed on him and his followers, but reported that his leadership was good and in parallel of christian belief. Because of it he was left alone and the Tribes adopted it as Washat Religion. Shakers were also very wide spread in the region. I won't attempt to tell you the history of the religion other then it was also practiced on the East Coast. You see the reason I believe we were more inclined to negotiate for strong Treaties is because we were viewed by our enemy as civilized. We had our own economy & trade. We held the information for safe passage in the region and we were great in numbers. We were mobile because of the horse and wealthy of the goods of those times. We already had most of the goods from previous Traders & Explorers. Today, that is our strength even though we are in the recess of a down economy and a virtually non-existent wood market. Per Capita Payment remember? it was the original source of our wealth. We used to get payments from the sale of Timber from our Tribal Lands. Even today, many members of the tribe are Land owners where Leases provide annual payment to income.If you ask me, I think our Tribal Governments entire focus should be on the members and the interest they hold to groom small business and land management. We should be sending anybody with enough interest to learn how to be good stewards of the land not just to work for the tribe, but to manage their own land. Learn about Leasing and the Land issues, so you don't have to go to General Council and let everybody know just how bad you were treated. My apologies to those this might offend, but G.C. should just be reports, resolutions and motions. It is not a Quorum to settle employment policies or any other Warfare. If we focused our energy on making things good for everybody, instead  of trying to out each other, we would be better off! When did it become okay for elected to officials to grieve their issues through our Tribal Newspaper anyway? Doesn't some kind of oath of office prevent that from happening? They even do it in open sessions of G.C. I thought the whole point of being entrusted with such a position of authority was to protect the sensitive information of the Tribe. You get a chance to make statements through official reports and decorum. You have to be conscious of the process that is proceeding, not just be interested in covering your own butt! I mean be real! the voters are right there in front of you. You can talk to them anytime you want to. Why do you have to come out of hiding and make a grand production of it all? Do you really think were that that stupid? I'm sorry and I'm not speaking of all the council men & woman, but it seems like a few of them just attract themself to controversy. What we really need are Leaders. Chiefs, Hereditary or otherwise. People that know the Traditions, the History and can work within the confines of organized policy because just like years ago where spies watched us they still do today. Earlier I reported that non-tribal members were our best advocates, but it wasn't meant to be a slight to our own representatives. I don't think our tribal council needs more or less, secret ballot or a raised hand or complete restructuring. I think it needs good support from the people who elect the officials and members to trust the information being shared for decisions we should vote on together. "We are the Yakama Nation," not the council or the chairman. The Enterprises are the investment of Tribal funds to venture into special areas on behalf of the membership. This all got out of hand back when we aquired the Sun Kings. We got all those councilmen recalled then we ended up with the juice plant. Process does not come about by a Leader thinking, I need a law that watches the actions I take because I don't trust myself! It comes by the people having fore thought that these Leaders are going to be in a difficult position. That is how we ended up with a Treaty that is still strong today and laws that will see us through the hard times. I am not campaigning for myself or anybody else, I just think the Tail is Wagging the Dog! It was all foretold to us before we got a Casino and before we started guarding our boundaries with full Jurisdiction. We just got to buck up and do the right thing. What do all good Governments have as a communication device to the people? Media Collaboration. Media Consultant or a Spokesman or woman. What do we have? Rumors, Accusations and lack of information. That is just one place to invest to provide good communication, Town Halls. We have those, but nobody shows up or if they do it's just to complain. Organization, Organization, Organization! I've been to meeting for the state where they give you a gas card every time you go. The Tribe does that here and there, but we own our own gas station. It doesn't seem like a huge leap to put our own resources to work for us. We own our own Mill and have a bunch a wood that nobody will buy, so start building all your own houses until you run out of wood. It's not rocket science people! What is it that is really holding us back as a nation, what? Trust! Trusting each other to act in the best interest of each other. How do you think it got that way and where did it start? The way I understand it it goes all the way back to Walla Walla and the Treaty signing. Looking Glass and some other chiefs were looking to cut a deal with the Army to get more land, so they pointed out all the Chiefs that were War Chiefs. It's the same today, you go down to G.C. and see somebody raising hell. They elect that person to council and all of sudden you don't hear much from them anymore? Gee I wonder why. I sit and listen to people say, "I was elected to kick butt and push people around." I think to myself that is why I think you should be old and grey before you can get up there. In the old days that meant something. When you said something, it meant something because you would do exactly as you said not just buy yourself a new truck and cruise around looking all hard at others. That don't mean squat in my book, your just the second coming of another deal cutter. We as a Nation have more impact on this area and it's inhabitants as any manifest destiny and were just wasting it away. Selling away our rights little by little until we realize we are our own worst enemy. Maybe I said to much and that's good because I will go into the next year knowing the difference between Freedom and the illusion of Freedom! God Bless you all and have a Good One! Nye!