AR35: Resolution Text

LRB-4837/2

PJD:kmg:hmh

1999 - 2000 LEGISLATURE

1999 Assembly RESOLUTION 35

March 28, 2000 - Introduced by Representative Albers. Referred to Committee on Rules.

AR35,1,5 Relating to: urging the Congress of the United States and the U.S. Department of the Interior to include a requirement in the revisions to CFR section 151 relating to Tribal Land Acquisition Areas that states and affected local governments be able to review tribal submissions and evidence, just as tribes are able to review state submissions.

AR35,1,7 Whereas, the assembly recognizes and respects the sovereignty of tribal governments and supports economic advancement and independence for tribes; and

AR35,1,12 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) — geographic boundaries designated by a reservationless tribe within which the tribe plans to acquire land within a specific period of time under the less restrictive on-reservation provisions of the proposed rule; and

AR35,2,2 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

AR35,2,6 Whereas, the proposed revisions to 25 CFR section 151 allow the interests of state and local units of government to be ignored 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

AR35,2,8 Whereas, state, local and tribal governments must work cooperatively to provide for and address local issues; and

AR35,2,10 Whereas, the TLAA proposal includes vague and insufficient standards for approving a tribe's request for TLAA designation; and

AR35,2,15 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

AR35,2,20 Resolved by the assembly, That the Wisconsin 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

AR35,2,25 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 allowing the states and affected local governments to be able to review tribal submissions and evidence, just as tribes are able to review state submissions; and, be it further

AR35,3,4 Resolved, That the assembly urges the Congress of the United States and the U.S. Department of the Interior to appropriate funds to the Bureau of Indian Affairs for the specific purpose of compensating units of government for lost tax revenues when lands fall to ownership of any sovereign nation; and, be it further

AR35,3,9 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 to the adoption of this resolution by the 1999 assembly of the state of Wisconsin.

AR35,3,10 (End)