AR18: Resolution Text

LRB-3518/2

PJD:jlg:hmh

1999 - 2000 LEGISLATURE

1999 Assembly RESOLUTION 18

October 12, 1999 - Introduced by Representatives Albers, Kreuser, Seratti, Suder, Duff, Goetsch, Hahn, Owens, Kestell and Kedzie. Referred to Committee on Rules.

AR18,1,3 Relating to: urging the Congress of the United States and the U.S. Department of the Interior not to allow tribes without reservations to designate Tribal Land Acquisition Areas.

AR18,1,8 Whereas, the U.S. Department of the Interior has proposed revisions to 25 CFR section 151 that would allow tribes without reservations to designate "Tribal Land Acquisition Areas" (TLAA) — de facto reservation boundaries in areas that have never included reservations and where tribes could purchase land for placement in trust; and

AR18,1,12 Whereas, the establishment of a TLAA would facilitate the removal of property from the tax rolls of local municipalities, thereby leading to higher property taxes for Wisconsin's nontribal residents who must support a larger share of municipal infrastructure and services costs; and

AR18,2,2 Whereas, trust lands within a TLAA used for commercial purposes serve as unfair competition to local, nontribal enterprises, since nontribal enterprises pay taxes to support the intensive infrastructure and municipal services utilized by the commercial entities of the tribes; and

AR18,2,6 Whereas, the proposed revisions to 25 CFR section 151 ignore the interests of state and local units of government by failing to provide an adequate mechanism to address local government concerns during the decision-making process, or an unbiased and reasonable appeal mechanism; and

AR18,2,8 Whereas, the TLAA proposal includes vague and insufficient standards for approving a tribe's request for TLAA designation; and

AR18,2,13 Whereas, the TLAA proposal provides the secretary of the Interior with broad power to approve these de facto reservations for Wisconsin's sovereign tribes, creating an unconstitutional grant of power to the federal government without state approval, and forcing the state of Wisconsin to effectively divest sovereignty over potentially large portions of state land; now, therefore, be it

AR18,2,18 Resolved by the assembly, That the assembly hereby urges the Congress of the United States and the U.S. Department of the Interior to delete the TLAA provisions proposed in 25 CFR section 151, and to work with local units of government and tribes to develop modifications to federal rules to encourage and foster cooperation between municipalities and the tribes; and, be it further

AR18,3,2 Resolved, That the assembly urges the Congress of the United States and the U.S. Department of the Interior to provide safeguards to the TLAA provision if not deleted, which include, at a minimum: state legislative and gubernatorial approval similar to the Indian Gaming Regulatory Act; public hearings in the affected land area; preparation of an environmental impact statement in accordance with the National Environmental Policy Act; payments to local municipalities in lieu of taxes for all tribal commercial enterprises located on trust lands established in the TLAA; and specific limitations on the size of the TLAA, based upon the number of members of an Indian tribe; and, be it further

AR18,3,7 Resolved, That the assembly chief clerk shall provide a copy of this resolution to the secretary of the U.S. Department of the Interior, to the president and secretary of the U.S. senate, to the speaker and clerk of the U.S. house of representatives and to each member of the congressional delegation from this state attesting the adoption of this resolution by the 1999 assembly of the state of Wisconsin.

AR18,3,8 (End)