The National Congress of American Indians passed a resolution recently urging Congress to recompense eligible Native American service members and veterans who were illegally taxed by the state in which their reservation was domiciled during their active service.
According to federal law, service members with active duty status who legally claim to live on federal reservations are not subject to income taxation by the state in which the reservation is domiciled.
This new resolution argues that 26 states have taxed service members for as long as 24 years.
Nine years ago, an attempt was made in Washington D.C. to address this issue.
The American Indian Veterans Pay Restoration Act of 2004, sponsored by New Mexico Representative Tom Udall, sought to provide remittance to certain Indian veterans of amounts withheld from military basic pay for state income tax purposes while those veterans were in active service and were domiciled in Indian Country.
In his introduction speech, Udall decried the illegal taxation of service members that claimed the reservation as their home. The legislation failed due to a lack of support in the House Armed Services Committee.
In December 2009, the state of New Mexico began to refund any state income tax that was withheld from service members legally domiciled on reservation land while serving.
The fund expired on January 1, 2013. Other states have yet to follow suit.
During the 2013 Midyear Session of the NCAI held in Reno, Nevada from June 24 through 27, the General Assembly called upon the federal government to fulfill its obligations to American Indians, citing its moral and legal federal trust responsibility.
This new resolution will be a policy of the NCAI until it is withdrawn or modified by subsequent resolution.
Richard Walker Swinomish Chairman Brian Cladoosby holds a paddle gifted to him by the Quileute Nation, July 29, 2011, during the Canoe Journey/Paddle to Swinomish. Cladoosby is a candidate for president of the National Congress of American Indians.
Swinomish Chairman Brian Cladoosby, who has long worked to strengthen economic conditions and stop ecological degradation in Coast Salish country, announced his candidacy June 25 for president of the National Congress of American Indians.
The election will take place during NCAI’s 70th annual convention October 13-18 in Tulsa, Oklahoma.
If elected, Cladoosby would continue to serve as chairman of the Swinomish Tribe, he said in a pre-announcement interview. He would be the fourth indigenous leader from Washington state to serve as NCAI president.
“After 29 years of service on the Swinomish Indian Senate and 17 years of the best job in the world, the chairman of the Swinomish Indian Tribal Community, I feel called by our Creator to serve Indian people across our country,” he wrote on a Facebook page established for his campaign.
“I believe that we live in historic times. When my grandfather’s grandfather signed the Point Elliott Treaty [in 1855], he probably could not have imagined the world that we live in today, but he thought about my grandchildren, Bella and Nathaniel. They are the seventh generation since our treaty was signed. Today, we are called to think about the seven generations to come and the world we will leave for them.”
Cladoosby said indigenous nations “have been blessed by our Creator with tremendous gifts” with which to confront the challenges of the day: Tribal governments’ ability to tax activities within reservation borders, ensuring there are educational opportunities for young people and quality health services for families and elders, protection of natural resources, and responding appropriately to climate change.
“Our teachings, our spiritual ways, the wisdom of our elders, the inspiration of our children and strong tribal leaders from across Indian country lift us up and give us strength to meet these challenges every day,” he said.
Cladoosby said he announced his candidacy only after getting the support of his wife, Nina, and the Swinomish Senate.
“I know that without them and their support, I could not begin to think about serving as president of NCAI. In the coming months, I ask for your support, your prayers and your ideas. Together, we can build the tomorrow that the grandchildren of our grandchildren can be proud of.”
Cladoosby served as president of the Affiliated Tribes of Northwest Indians in 2008-11, and served on NCAI’s board of directors and on Environmental Protection Agency’s National Tribal Operations Committee. He is also active on the Skagit Council of Governments, an organization of local governments in Skagit County, Washington.
After the November general election, incoming state Attorney General Bob Ferguson appointed Cladoosby to his transition committee, which reviewed the structure of the Attorney General’s Office, its budget, and goals for the upcoming legislative session.
On December 5, Cladoosby introduced President Barack Obama at the White House Tribal Nations Conference, calling Obama – an adopted member of the Crow Nation – our “first American Indian president.” (Related story: Obama Does It Again: 2012 White House Tribal Nations Conference)
As Swinomish chairman, Cladoosby has overseen a careful strategy of economic growth that has resulted in the tribe becoming one of the five largest employers in Skagit County.
The tribe owns the golf- and entertainment-oriented Swinomish Casino and Lodge overlooking Padilla Bay, two gas stations and convenience stores, a cannery that processes salmon and shellfish for a global market, and a Ramada Hotel in Ocean Shores on the Washington coast. Swinomish’s Chevron Gas Station is, according to the tribe, the largest-volume Chevron station on the West Coast.
According to the tribe’s website, Swinomish employs more than 250 people in tribal government and approximately 300 people in its economic enterprises.
Swinomish is also an important voice on environmental issues: recent local initiatives include restoring indigenous ownership and stewardship of Kiket Island, and restoring the shoreline and developing a park and native-plant garden on Swinomish Channel.
In 2008, Cladoosby helped organize the Canoe Journey Water Quality Project in collaboration with other Coast Salish nations and the U.S. Geological Survey. Canoes participating in the annual Canoe Journey carry probes and global positioning systems that record temperature, salinity, pH levels, dissolved oxygen and turbidity in the Salish Sea. The data is being processed and mapped so researchers can identify patterns and trends in sea conditions. These efforts were honored in 2009 by the U.S. Secretary of the Interior; in 2012, Cladoosby was one of five finalists for the Ecotrust Indigenous Leadership Award. (Related story: Canoe Journey Could Provide Picture of Inland Sea’s Health)
“Mr. Cladoosby has been a huge supporter for our Northwest tribes and I hope we support someone who actually sees what we are needing as tribes in the Northwest and Alaska,” a supporter wrote on Facebook, calling Cladoosby “One of the Great Native Leaders out there fighting our good fight!”
Chickasaw Nation Lt. Gov. Jefferson Keel is finishing his second as president. According to its constitution, NCAI’s purpose is to “serve as a forum for unified policy development among tribal governments in order to: (1) protect and advance tribal governance and treaty rights; (2) promote the economic development and health and welfare in Indian and Alaska Native communities; and (3) educate the public toward a better understanding of Indian and Alaska Native tribes.”
Stafford Act passes Senate on 62 – 36 vote – Headed to President Obama’s Desk for Signature
National Congress of American Indians (NCAI)
Embassy of Tribal Nations
1516 P Street NW, Washington, DC 20005
Phone: (202) 466-7767
Jan 29, 2013
Washington, DC – Tribal nations will soon have the same ability provided to states to make disaster relief declarations and requests for assistance directly to the President of the United States. In a 62-36 vote on Monday night, the U.S. Senate passed H.R. 152, the Hurricane Sandy Emergency Supplemental Appropriations bill, which includes amendments to allow tribal governments to make direct requests for emergency assistance to the President under the Stafford Act. Under current law, tribes must seek assistance through a state governor’s office, often causing critical delays in emergency response on tribal lands. The legislation, which also includes $50 billion in Hurricane Sandy relief funding, passed 241-180 in the House of Representatives two weeks ago and now goes to President Obama’s desk to be signed into law.
“Some tribal nations in the U.S., many in remote areas, are larger than some states and every tribal nation has unique disaster response and recovery requests. The final passage of this bill marks a historic moment in tribal emergency preparedness and response. Our nations, devastated too often by natural disasters with disproportionate impacts, will be more capable to respond immediately to major disasters, and the bipartisan support for this legislation should not go unnoticed,” said Jefferson Keel, President of NCAI. Keel is also the Lt. Governor of the Chickasaw Nation of Oklahoma.
NCAI further acknowledges that the Federal Emergency Management Administration (FEMA) made the tribal amendments to the Stafford Act its sole legislative priority under Administrator Craig Fugate’s direction. The need for this critical policy change has been called for repeatedly in FEMA tribal consultations and meetings with tribal leaders during NCAI conventions.
“State and tribal governments will now be able to access disaster assistance as needed to aid the people, local communities, and regions in recovering quickly from catastrophic situations. NCAI looks forward to the signature of this landmark legislation by President Obama. NCAI is prepared to work with FEMA to ensure its implementation contains fair and inclusive eligibility criteria and will benefit the maximum number of tribal communities,” concluded Robert Holden, NCAI’s Deputy Director and longtime coordinator of emergency management policy and response efforts at NCAI.
Embassy of Tribal Nations
1516 P Street NW, Washington, DC 20005
Phone: (202) 466-7767
Published on Jan 10, 2013
The National Congress of American Indians (NCAI) has released the following statement in support of the First Nations of Canada and the Assembly of First Nations (AFN) efforts to hold the Canadian government accountable to its commitment to consultation.
On Friday January 11, 2013, AFN will host a meeting of a delegation coordinated by AFN and Prime Minister Stephen Harper and members of his Cabinet. The meeting comes after AFN and First Nations have called for improved nation-to-nation consultations following legislation passed by the Canadian Parliament in December 2012, Bill C-45; Jobs and Growth Act, 2012. AFN and First Nations expressed opposition prior to and following the passage of Bill C-45, which fails to respect the Treaties and rights of First Nations.
“NCAI supports AFN and the rights of Canada’s First Nations to nation-to-nation consultation and calls on the Canadian Government to uphold the United Nations Declaration on the Rights of Indigenous Peoples, of which Canada and the United States have both adopted. As stated in the Declaration, and has been proven time and time again, consultations between indigenous peoples including tribal nations and the governments of North America, are essential to crafting a vision for a shared future,” said Jefferson Keel, President of NCAI, the United States’ oldest, largest, and most representative American Indian and Alaska Native advocacy organization.
“We stand united as the tribal nations of North America, as a family of first peoples and first governments of this land, and we stand united to protect our rights. There may be a border separating Canada and the United States, however as first Nations of North America we are not separate, and we will not be divided. And nor should we be divided in our nation-to-nation relationships,” continued Keel.
“Tribal nations of the United States have recently engaged in extensive and improved nation-to-nation consultations as a result of the Obama Administration’s commitment to upholding the U.S. President’s Executive Order on Consultation. These consultations have resulted in strong tribal nations, and a stronger America. We look forward to hearing from AFN the results of tomorrow’s discussions with Prime Minister Steven Harper and the Canadian Government. We stand ready to support AFN and the First Nations of Canada as they take important action to protect the rights, lands, and resources of First Nations and people,” Keel concluded.
