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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?
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