Thursday, December 3, 2009

**URGENT**Please Help Crow Creek Sioux Tribe. . We are setting up Tipi's and Having Han Blece'Yapi on the land.

**URGENT**Please Help Crow Creek Sioux Tribe. . We are setting up Tipi's and Having Han Blece'Yapi on the land.

The Internal Revenue Service plans to auction land on one of America's poorest Indian reservations, the Crow Creek Reservation east of Pierre, according to a federal lawsuit that seeks to block the sale.

The Crow Creek Sioux Tribe sought to block the auction scheduled for 10 a.m. today in Highmore. A judge denied the request but indicated he will set the case for trial, said Terry Pechota, the lawyer for Crow Creek Tribal Farms Inc.

Although the auction will occur, no land would change hands until sometime after a court date in late March, said Duane St. John, a member of the tribal council.

The auction would sell about 7,100 acres of land on the reservation, according to a lawsuit filed late Monday in U.S. District Court for South Dakota.

The tribe has been planning to develop wind energy, and "this is our prime wind energy land - it's prime wind energy land in the whole United States," St. John said. "So that's going to be another big hurt to us."
The IRS intends to auction the land to settle delinquent federal employment taxes owed by the tribe, the lawsuit states. As of August, the tribe owed the IRS about $3.1 million in back taxes, penalties and interest, according to the lawsuit. The estimated value of the land is $4.6 million, according to a Pierre appraisal company, the court records show.

"For decades, the land was lived upon and used by members of the Crow Creek Sioux Tribe," according to the lawsuit, which maintains that "a plethora of federal laws" protect such land and that it should not be sold.

"Cultural activities were conducted upon the land. Members died and were buried on the land," the lawsuit states.
St. John said four families now living on the land also could be displaced if it is sold.

IRS spokeswoman Carrie Resch said the agency's policy is not to comment on pending litigation.
"It is pretty unusual for the IRS to be engaged with a tribe trying to collect taxes like this," said David Getches, dean of the University of Colorado Law School.

Tribes typically are not subject to federal taxes, but there are exceptions to that rule for business entities associated with tribes, such as casinos, Getches said.

"What is scary to tribes is the prospect of having lands that they own being auctioned off for back taxes," Getches said.

Robert Williams Jr., a law professor and director of the Indigenous Peoples Law and Policy Program at the University of Arizona, said "it is ironic that the Obama administration is pressuring banks to ease up on their mortgage foreclosure policies for defaulting homeowners in the worst recession since the Depression, and here Obama's IRS is going after one of the poorest tribes in one of the poorest and economically hard-hit areas of the country."

University of South Dakota law professor Frank Pommersheim, an expert in Indian law, said "I would say it's unusual for the IRS to be auctioning property on a reservation that is arguably owned by the tribe or tribal entity."
The ownership of the land could be a key factor in the case, he said.

It is on the Crow Creek Indian Reservation but has not always been controlled by the tribe, according to court records.

The land was a part of the original Crow Creek Indian Reservation established by the Treaty of 1868 and once was held in trust by the U.S. government for the Crow Creek Sioux Tribe. It came out of trust and was sold to non-Indians, eventually becoming known as the LeMaster Ranch. In 1998, the Crow Creek Sioux Tribe acquired the land as part of a larger effort to enlarge the reservation and ensure its future, the lawsuit states.
"Indeed, the lands were considered so important to the Crow Creek Sioux Tribe that the tribe went into debt to acquire the land as part of its land consolidation effort to enlarge the Crow Creek Indian Reservation," the lawsuit states.

The land now is owned by Crow Creek Tribal Farms, a corporation formed under tribal laws that filed for bankruptcy in May, according to records from U.S. Bankruptcy Court.
The tribe maintains that the corporation is not delinquent on any taxes, and the IRS has no right to auction the land to settle the tribe's tax bill.

The tax troubles date to 2003, when the tribe became delinquent in payment of federal employment taxes because it was operating under the assumption that payment was not necessary because it is a federally recognized tribe, the lawsuit states. It does not specify what type of employment is at issue.

"Because of erroneous tax advice received from the Bureau of Indian Affairs, Crow Creek Sioux Tribe in approximately 2003 became delinquent in payment of employment taxes collected by the IRS," the lawsuit states.
Nedra Darling, a spokeswoman for the Department of the Interior, which oversees the BIA, said it's the agency's policy not to comment on cases in litigation.

Jeff Martin can be reached at 605-331-2373 or 800-530-6397.

To All Tribal Leaders Accross Indian Country,

We haven't given up, the Tribe has 180
days yet and Crow Creek Sioux Tribe and I and our Pro bono Attorney are
still working on this. Starting Mon. we are setting up Tipi's and having
Han Blece'Yapi on the land. It is bitterly cold here with snow flurries. It
is prime land overlooking the Missouri, the Tribe wanted to use for wind
energy. It was not held in trust, but fee land. The Sioux Tribes are
supporting Crow Creek.

It is time to make a stand once and for all! Make a statement that our land
never will be for sale!


Please help Crow Creek Sioux Tribe. Below are the contact numbers for the
SD Congressional Delegation and the article in USA Today.

A. Gay Kingman, M.Ed. Executive Director
Member, Cheyenne River Sioux Tribe
Great Plains Tribal Chairman's Association
1926 Stirling St.
Rapid City, SD 57702
Cell: 605-484-3036
Fax: 605-343-3074

My Pledge of Allegiance
I pledge allegiance to Creator and to the path Creator has put me on. I pledge allegiance to my family, to my ancestors who walked before me and to my future generations who will walk after me. I pledge to walk the way of the warrior, to protect those who need protection, to guide those who need guidance, and to help those who need my help. I pledge to be a man of honor and integrity and to do my part in making this world a better place to live. Aho.
Bear Warrior

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.