Note: The following information was recently sent out to federal and Montana government decision makers. It was developed to help elected officials better understand the mind boggling amount of taxpayer dollars currently being used to fund tribal corporations, and to explain how this taxpayer largess serves to undermine local governance and the rights and protections of all citizens. Our thanks to the organizations noted below for providing us with this information to be shared with the public.
If tribes are really “sovereign governments” as they insist they are, shouldn’t they be self sufficient? Then why are state and federal taxpayers funding them?
The information included in the document is sourced, and comes from the public record. In other words, it is available to anyone who takes the time to look for it.
Get the word out by sharing this information far and wide. Contact your elected officials and tell them to stop feeding the beast.
Funding Our Own Demise: How Federal Self-Determination Payments to Tribes Deprive Citizens and County and State Governments of their Own Self-Determination
Booklet: Funding Our Own Demise
This Booklet is a guide for federal, state and county government decision-makers charged with allocating taxpayer funds for essential governmental services to citizens in geographical locations where Indian Reservations are found within county or state borders. County budgets throughout the country are increasingly eroded by Tribal programs and federal laws, including land-into-trust acquisition, Public Law 280 regarding jurisdiction, and Public Law 93-638 regarding self-determination contracts.
The purpose of this information Booklet is to demonstrate that taxpayer dollars are being used to support tribal, state and federal programs that undermine and erode the county and state ability to provide basic government services to citizens.
There are significant differences between a county or state government and a tribal government. First, while the state and county governments are constitutionally and legally obligated to provide for all citizens within their jurisdiction, Tribal governments have a limited governmental authority granted to them by Congress to provide government services only to their own constituents under the guidance of the federal government. In addition, while county governments are largely funded by tax revenue, Tribal governments within the same county are funded almost exclusively by taxpayer funds from the federal government under its policy of tribal “self-determination”. And finally, state and county government funding is public information and audited, while Tribal government spending of federal dollars may never be audited.
To address overlapping services, the counties and state have established “government to government” relationships. While the Tribes act to secure access to state and county benefits for their citizens, the federal funding they receive, sometimes for the same services, does not pass through to the county or to the state. In the context of land-into-trust acquisitions, for example, the federal government funds the Tribe to remove land from the county tax base, but the county is still expected to provide essential government services to the tribe and its members. Because the federal funds paid out to the Tribes are ultimately derived from taxpayers, it appears that our own tax dollars are being used to undermine our own county and state government’s ability to provide essential services to its citizens.
Comparison of Montana county government revenue across the state with the annual federal funding of the seven tribes in Montana as presented in this Booklet shows that the Tribal funding from the federal government far exceeds state county revenue. The federal funding used by the tribes to remove land from the county tax base and to purchase major infrastructure removes the tax revenue from the county and signals a demise in county government viability over the long term. The funding to the Tribes to enact these activities is another example of federal overreach and intrusion into state and local government. To maintain viable county governments and to guard state taxpayers, this trend must be arrested immediately.
The Crucible: Lake County
Lake County is an example where federal Indian policy and funding, as well state funding, are acting to devastate the county’s tax base and jeopardize citizens by being unable to provide basic fire protection, law enforcement, road and infrastructure maintenance, and a host of social, health, and legal services for all citizens. Some of the key factors affecting the county are:
- Public Law 280 – the Confederated Salish and Kootenai Tribes (CSKT) are the only tribe in Montana where the state has criminal jurisdiction over tribal members, resulting in a disproportionate share of county resources being used for this purpose. It is currently overwhelming to the county budget and local justice system.
- The 2015 Tribal purchase of Kerr Dam reduced county tax revenues by $1.2 million per year, increasing pressure on the county to either reduce services or to increase property taxes.
- The CSKT Water Compact –S.3013 introduced by Senator Jon Tester proposed to award a settlement of $2.3 BILLION to the tribe and transfer ownership and management of the Flathead Irrigation Project to the CSKT, reducing irrigator water deliveries by an estimated 40-70%. It also proposes to award vast amounts of water off the reservation to the U.S. / CSKT. If successful, this transfer will have a severe negative impact on local land values as well as our agricultural economy.
- Because the tribe does not pay tax on trust land, Fee-into-trust land acquisitions continue to erode the property tax revenue base, making it increasingly difficult for the county to provide basic services to citizens.
- Fuel tax revenues are intended to cover the cost of road maintenance. Under a fuel tax revenue sharing agreement with the state, the CSKT received $611,000 in gas tax revenue in 2016. For the same year, Lake County was awarded only $178,000, yet the county is responsible for road repairs.
At the same time, the CSKT annual federal funding is conservatively estimated to be $250 million per year which is ten times Lake County’s budget. Yet the CSKT do not contribute funding, actions or services that enhance county government abilities, and instead use the funds for other purposes which may or may not be related to the purpose for which they were federally funded.
Evaluating Tribal Requests for Funding
Since its passage in 1975, The Indian Self Determination Act (ISDEAA), or Public Law 93-638 has been used to redefine and expand the notion of tribal sovereignty. While its original intent was to allow tribes to contract with the federal government to provide services to their membership, it is increasingly being used to expand tribal jurisdiction over non-Indians. This ignores the reality that non-members are not legally or constitutionally protected within a tribal government system, a structure that often fails to protect even its own members. Through state – tribal cooperative agreements, Montana also endorses the expansion of tribal jurisdiction over non-members. We assert that these policies are unsupported by federal statute, case law, or practice, and are unconstitutional.
Considering the information presented in this booklet it is important for decision-makers to evaluate all Tribal requests for funding in the context of the extensive federal funding provided to the Tribe. Government officials must ensure that any funds awarded are not for services provided elsewhere, and instead use the funds for other purposes which may or may not be related to the purpose for which they were federally funded.
For more information on the data in this booklet, contact any of the following organizations:
Concerned Citizens of Northwest Montana:
Address: P.O. Box 3601, Kalispell, MT 59903
Montana Land and Water Alliance:
Address: P.O. Box 1061 Polson, MT 59860
Willman & Davis Intergovernmental Resource Services:
Copy of Booklet: Funding Our Own Demise