Advocates vow to revive Navajo junk-food tax

By Felicia Fonseca, Associated Press

FLAGSTAFF, Ariz. (AP) – Facing a high prevalence of diabetes, many American Indian tribes are returning to their roots with community and home gardens, cooking classes that incorporate traditional foods, and running programs to encourage healthy lifestyles.

The latest effort on the Navajo Nation, the country’s largest reservation, is to use the tax system to spur people to ditch junk food.

A proposed 2 percent sales tax on chips, cookies and sodas failed Tuesday in a Tribal Council vote. But the measure still has widespread support, and advocates plan to revive it, with the hope of making the tribe one of the first governments to enact a junk-food tax.

Elected officials across the U.S. have taken aim at sugary drinks with proposed bans, size limits, tax hikes and warning labels, though their efforts have not gained widespread traction. In Mexico, lawmakers approved a junk food tax and a tax on soft drinks last year as part of that government’s campaign to fight obesity.

Navajo President Ben Shelly earlier this year vetoed measures to establish a junk-food tax and eliminate the tax on fresh fruit and vegetables. At Tuesday’s meeting, tribal lawmakers overturned the veto on the tax cut, but a vote to secure the junk-food tax fell short. Lawmakers voted 13-7 in favor of it, but the tax needed 16 votes to pass.

The Dine Community Advocacy Alliance, which led the effort, said it plans to revise the proposal and bring it before lawmakers again during the summer legislative session.

“We’re going to keep moving on it,’’ group member Gloria Begay said. “It’s not so much the tax money – it’s the message. The message being, ‘Let’s look at our health and make healthier choices.’ We have to go out and do more education awareness.’’

Shelly said he supports the proposal’s intent but questioned how the higher tax on snacks high in fat, sugar and salt would be enacted and regulated. Supporters say the tax is another tool in their fight for the health of the people.

“If we can encourage our people to make healthier choices and work on the prevention side, we increase the life span of our children, we improve their quality of life,’’ said professional golfer Notah Begay III, who is among supporters.

American Indians and Alaska Natives as a whole have the highest age-adjusted prevalence of diabetes among U.S. racial and ethnic groups, according to the American Diabetes Association. They are more than twice as likely as non-Hispanic whites to have the disease that was the fourth leading cause of death in the Navajo area from 2003 to 2005, according to the Indian Health Service.

Native children ages 10 to 19 are nine times as likely to be diagnosed with Type 2 diabetes, the IHS said.

The proposed Navajo Nation tax wouldn’t have added significantly to the price of junk food, but buying food on the reservation presents obstacles that don’t exist in most of urban America. The reservation is a vast 27,000 square miles with few grocery stores and a population with an unemployment rate of around 50 percent. Thousands of people live without electricity and have no way of storing perishable food items for too long.

“They have a tendency to purchase what’s available, and it’s not always the best food,’’ said Leslie Wheelock, director of tribal relations for the U.S. Department of Agriculture.

Wheelock said the diabetes issue in tribal communities is one that has been overlooked in the past or not taken as seriously as it could be. It has roots in the federal government taking over American Indian lands and introducing food that tribal members weren’t used to, she said.

To help remedy that, the USDA runs a program that distributes nutritional food to 276 tribes. Grants from the agency have gone toward gardening lessons for children within the Seneca Nation of Indians in New York, culturally relevant exercise programs for the Spirit Lake Tribe in North Dakota and food demonstrations using fresh fruit and vegetables on the Zuni reservations in New Mexico.

The Dine Community Advocacy Alliance estimated a junk-food tax would result in at least $1 million a year in revenue that could go toward wellness centers, community parks, walking trails and picnic grounds in Navajo communities in Utah, New Mexico and Arizona. It would have expired at the end of 2018.

No other sales tax on the Navajo Nation specifically targets the spending habits of consumers. Alcohol is sold in a few places on the reservation but isn’t taxed. Retailers and distributors pay a tobacco tax.

Opponents of the junk food tax argued it would burden customers and drive revenue off the reservation. Mike Gardner, executive director of the Arizona Beverage Association, said the lack of specifics in the legislation as to what exactly would be taxed could mean fruit juice and nutritional shakes could be lumped in the same category as sodas.

“I don’t think they mean that, but that’s what will happen,’’ Gardner said. “It’s a little loose, a little vague. It’s going to create problems for retailers and … it doesn’t solve the problem.’’

Judge says consumer protections apply in payday lending case

 

 

By Mark Davis, The Kansas City Star

A federal judge in Nevada has affirmed the Federal Trade Commission’s ability to enforce consumer protections against payday loan companies that affiliate with American Indian tribes.

The ruling came in a case involving Overland Park-based AMG Services Inc. and payday lending companies associated with it. The companies — sued over claims they had violated the FTC Act, Truth in Lending Act and Electronic Fund Transfer Act — argued they were exempt because of their affiliation with American Indian tribes.

“This ruling makes it crystal clear that the FTC’s consumer protection laws apply to businesses that are affiliated with tribes,” Jessica Rich, director of the agency’s Bureau of Consumer Protection, said in an announcement. “It’s a strong signal to deceptive payday lenders that their days of hiding behind a tribal affiliation are over.”

U.S. District Judge Gloria M. Navarro issued the ruling that affirmed an earlier decision by Magistrate Judge V. Cam Ferenbach, who had found in July 2013 that payday lenders fell within the FTC’s power to enforce consumer protection statues regardless of their affiliation with American Indian tribes.

In April 2012, the FTC sued AMG Services and other companies as well as Johnson County businessman and race car driver Scott Tucker.

The suit said the companies charged inflated fees without disclosing them to consumers, threatened borrowers with arrest and lawsuits during debt collection calls and required customers to authorize electronic withdrawals from their bank accounts in advance.

A partial settlement with the principal AMG defendants in July 2013 bans them from using threats of arrest and lawsuit in collections, the FTC said.

Read more here: http://www.kansascity.com/2014/03/19/4900572/judge-affirms-consumer-protections.html#storylink=cpy
Read more here: http://www.kansascity.com/2014/03/19/4900572/judge-affirms-consumer-protections.html#storylink=cpyThe ruling came in a case involving Overland Park-based AMG Services Inc. and payday lending companies associated with it. The companies — sued over claims they had violated the FTC Act, Truth in Lending Act and Electronic Fund Transfer Act — argued they were exempt because of their affiliation with American Indian tribesThe ruling came in a case involving Overland Park-based AMG Services Inc. and payday lending companies associated with it. The companies — sued over claims they had violated the FTC Act, Truth in Lending Act and Electronic Fund Transfer Act — argued they were exempt because of their affiliation with American Indian tribes.

Tulalip Tribes One of Three Tribes Nationwide to Implement Special Domestic Violence Criminal Jurisdiction Under VAWA 2013

Tulalip Tribal Seal_vector

Pilot Projects Allow Tribal Prosecution of Non-Indian Abusers

For the First Time in More Than Three Decades

Press Release, Office of Public Affairs Tulalip Tribes

Tulalip, WA—February 6, 2014–The Tulalip Tribes will be one of three American Indian tribes in the nation to exercise special jurisdiction over certain crimes of domestic and dating violence, regardless of the defendant’s Indian or non-Indian status, under a pilot project authorized by the Violence Against Women Reauthorization Act of 2013 (VAWA 2013).  The two other tribes are the Umatilla in Oregon and the Pascua Yaqui Tribe of Arizona.

“The Tulalip Tribes is honored to be among those chosen for the Special Domestic Violence Criminal Jurisdiction (SDVCJ) pilot program.  Getting justice for our tribal members, where it concerns domestic and intimate partner violence, has been a long time coming,” said Tulalip Chairman Mel Sheldon.  “Together, with our fellow Tribal nations, we celebrate the fact that the reauthorized VAWA of 2013 has recognized our inherent legal jurisdiction to bring all perpetrators of domestic violence against our members, on our lands, to justice.  We lift our hands to all those who fought for the reauthorization of the Violence Against Women Act, including our own Tulalip Tribes councilwoman, Deborah Parker.”

“The Tulalip Tribes has shown great leadership with a robust and comprehensive justice system,” said U.S. Attorney Jenny A. Durkan.  “This special criminal jurisdiction will translate into better protection for members of the tribal community and their families, and ensure that all offenders are appropriately prosecuted and sanctioned in tribal court.  I am grateful for the strong leadership exercised by the Tulalips, particularly Chairman Mel Sheldon, Councilmember Deborah Parker and Judge Theresa Pouley.  We look forward to continuing our important work with the Tulalips.”

Deborah Parker, Vice Chairwoman of the Tulalip Tribes, worked alongside Senator Patty Murray, and many others, to advocate for the new tribal provisions included in VAWA 2013.  “It’s amazing to be at this time and place and to witness such a critical change in law.  Justice will now be served because we have the necessary legal tools to prosecute those who perpetrate against our tribal members on our reservation, regardless of race, religion or affiliation,“ she said.

Although the provisions authorizing the special jurisdiction take effect generally in March 2015, the law also gives the Attorney General discretion to grant a tribe’s request to exercise the jurisdiction earlier, through a voluntary pilot project.  The authority to approve such requests has been delegated to Associate Attorney General Tony West.  Associate Attorney General West today congratulated tribal leaders of the Tulalip Tribes of Washington, Pascua Yaqui Tribe of Arizona, and the Umatilla Tribes of Oregon, on this historic achievement in letters to the three tribes.

“This is just the latest step forward in this administration’s historic efforts to address the public safety crisis in Indian country.  Every day, we’re working hard to strengthen partnerships with tribal leaders and confront shared challenges – particularly when it comes to protecting Indian women and girls from the shocking and unacceptably high rates of violence they too often face,” said Attorney General Eric Holder.  “With the important new tools provided by the Violence Against Women Reauthorization Act of 2013, these critical pilot projects will facilitate the first tribal prosecutions of non-Indian perpetrators in recent times.  This represents a significant victory for public safety and the rule of law, and a momentous step forward for tribal sovereignty and self-determination.”

“The old jurisdictional scheme failed to adequately protect the public – particularly native women – with too many crimes going unprosecuted and unpunished amidst escalating violence in Indian Country,” stated Associate Attorney General West.  “Our actions today mark an historic turning point.  We believe that by certifying certain tribes to exercise jurisdiction over these crimes, we will help decrease domestic and dating violence in Indian Country, strengthen tribal capacity to administer justice and control crime, and ensure that perpetrators of sexual violence are held accountable for their criminal behavior.”

Since the Supreme Court’s 1978 opinion in Oliphant v. Suquamish Indian Tribe, tribes have been prohibited from exercising criminal jurisdiction over non-Indian defendants.  This included domestic violence and dating violence committed by non-Indian abusers against their Indian spouses, intimate partners and dating partners.  Even a violent crime committed by a non-Indian husband against his Indian wife, in the presence of her Indian children, in their home on the Indian reservation, could not be prosecuted by the tribe.  In granting the pilot project requests of the Tulalip, Pascua Yaqui, and Umatilla tribes today, the United States is recognizing and affirming the tribes’ inherent power to exercise “special domestic violence criminal jurisdiction” (SDVCJ) over all persons, regardless of their Indian or non-Indian status.

As described in the Department of Justice’s Final Notice on the pilot project, today’s decisions are based on a diligent, detailed review of application questionnaires submitted by the tribes in December 2013, along with excerpts of tribal laws, rules, and policies, and other relevant information.  That review, conducted in close coordination with the Department of the Interior and after formal consultation with affected Indian tribes, led the Justice Department to determine that the criminal justice system in the Tulalip, Pascua Yaqui, and Umatilla tribes have adequate safeguards in place to fully protect defendants’ rights under the Indian Civil Rights Act of 1968, as amended by VAWA 2013.

The Department of Justice is posting notices of the pilot project designation on the Tribal Justice and Safety Web site (www.justice.gov/tribal/) and in the Federal Register.  In addition, each tribe’s application questionnaire and related tribal laws, rules, and policies will be posted on the Web site.  These materials will serve as a resource for those tribes that may also wish to participate in the pilot project or to commence exercising SDVCJ in March 2015 or later, after the pilot project has concluded.

For more information on VAWA 2013, please visit www.justice.gov/tribal/vawa-tribal.html.  Media inquires contact Francesca Hillery, Office of Public Affairs Tulalip Tribes, (360) 913.2646.

 

About the Tulalip Tribes

The Tulalip Tribes are the successors in interest to the Snohomish, Snoqualmie, Skykomish and other tribes and bands signatory to the 1855 Treaty of Point Elliott.  The 22,000-acre Tulalip Indian Reservation is located north of Seattle in Snohomish County, Washington.  Tribal government provides membership with health and dental clinics, family and senior housing, human services, utilities, police and courts, childcare, and higher education assistance.  The Tribe maintains extensive environmental preservation and restoration programs to protect the Snohomish region’s rich natural resources, which includes marine waters, tidelands, fresh water rivers and lakes, wetlands and forests both on and off the reservation.  Developable land and an economic development zone along the I-5 corridor provide revenue for tribal services.  This economic development is managed through Quil Ceda Village, the first tribally chartered city in the United States, providing significant contributions and benefits tribal members and the surrounding communities.  The Tribes have approximately 4,400 members.  For more information, visit www.tulaliptribes-nsn.gov.

First Senate Committee on Indian Affairs Hearing With Sally Jewell Set

Source: Indian Country Today Media Network

Interior Secretary Sally Jewell will make her first appearance in front of the Indian Affairs Committee on Wednesday, May 15 when Chairwoman Maria Cantwell (D-WA) will hold a U.S. Senate Committee on Indian Affairs oversight hearing.

The hearing, entitled “To Receive the Views and Priorities of Interior Secretary Jewell with Regard to Matters of Indian Affairs” will examine Jewell’s perspective on the challenges currently facing Indian country according to a Senate Committee on Indian Affairs press release.

The hearing comes one month after Jewell was sworn in as the head of the Department of the Interior – “the principal agency charged with upholding the federal government’s trust obligations to American Indian tribes.” (Related story: Senators Confirm Sally Jewell to Lead Interior; Predict She Will be Good for Indian Country)

In her new role, it is her responsibility to coordinate the government-to-government relationship that exists between the U.S and American Indian Tribes.

When Jewell was confirmed in April Indian Country Today Media Network reported that she had supporters in Indian country, a few of them are Billy Frank, a Native American environmental advocate; Fawn Sharp, and Chris Stearns.

As Secretary of the Interior, Jewell coordinates the government-to-government relationship that exists between the U.S. and American Indian Tribes. Within that relationship, the Department of the Interior is responsible for providing safety, education, general welfare, and natural resource services to Indian communities, while also promoting Tribal self-governance and self-determination.

The hearing will be available online at indian.senate.gov.

 

Read more at https://indiancountrytodaymedianetwork.com/2013/05/14/first-senate-committee-indian-affairs-hearing-sally-jewell-set-149354