*“The BIA recognizes our inherent right to practice sovereignty and
self-governance rather than continuing the practice of one-sided dependence
on the success of our sovereign nation by other governments.”*
*ELTON – *The Coushatta Tribe of Louisiana addressed changes to
their funding allocations made as a result of the Bureau of Indian Affairs
(BIA) Secretarial Order and final regulations about taxation of Federally
Recognized Tribes.
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“The U.S. Supreme Court has consistently upheld that states do not have the
authority to tax Tribal nations. The power to authorize such payments to
other governments resides exclusively with the federal government, a power
that has never been exercised in the context of Indian gaming. As a
government, our primary focus is to care for our people including
developing jobs, healthcare, and education,” said *Coushatta Tribe of
Louisiana Chairman Jonathan Cernek*. “In light of the new federal order,
mandatory payments to local governments are no longer required.”
As a general matter, Federally Recognized Tribes are exempt from taxation
by the states, and only Congress can authorize state taxation of sovereign
nations recognized by the federal government, such as the Coushatta Tribe
of Louisiana. The BIA recently issued an order under which the Coushatta
Tribe of Louisiana will no longer be required to make payments to local
governments under its state-approved Gaming Compact.
“Our value to this region of Louisiana — and the entire State — will
continue to grow. The BIA recognizes our inherent right to practice
sovereignty and self-governance rather than continuing the practice of
one-sided dependence on the success of our sovereign nation by other
governments,” said *Cernek*.
Recently the BIA issued an order that any mandatory payments from the Tribe
to local governments are often in contravention of federal law. “The
federal government has treaty and trust responsibilities to Tribal Nations.
A key part of that is our obligation to support Tribal Nations as they work
to revitalize communities by opening businesses and creating jobs that
strengthen their economic self-sufficiency,” said *Assistant Secretary for
Indian Affairs Bryan Newland*.
But the Tribe’s economic impact, through its successful business ventures,
will continue to serve as the backbone of the local economy. The Coushatta
Tribe of Louisiana is a federally recognized Indian tribe that:
– Provides 2,900 jobs, 29% of which trace back to the Coushatta Casino
Resort;
– generates $11.2M per year for the State Treasury;
– created $159.6M in household earnings (89% of the state’s entire
forestry sector household income);
– 29% of all jobs in the Parish can be traced back to the Coushatta
Casino Resort.
According to a study by renowned economist Lloren Scott, in 1994, Allen
Parish ranked last in per capita income statewide. Since the Coushatta
Tribe began opening its businesses in 1995, Allen Parish has risen 9 spots
from the bottom. The report goes on to state that Coushatta enterprises
support between ¼-⅓ of the entire Allen Parish economy – a position it is
expected to hold into the future.
In addition to the economy it created, the Tribe has been paying local
government for specific services for decades. Since these terms were
established, the Tribe now provides its own services via its own government
through its police force, and other agencies, creating savings for the
surrounding community.
Since the 1990s, despite making payments to local governments for services
that were never rendered, the Coushatta Tribe invested heavily in resources
for its members that had larger community benefits and impact such as
establishing their own police and fire service. Under the new federal
order, the Coushatta Tribe of Louisiana joins two other federally
recognized tribes in Louisiana that have no obligation to mandatory
payments to local government entities.
A copy of the revised compact can be found online at the Bureau of Indian
Affairs website, or click here
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