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Qualla 2020: Diversifying the Qualla Economy

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Qualla 2020: Diversifying the Qualla Economy Fourth Meeting May 21, 2014 – PowerPoint PPT presentation

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Title: Qualla 2020: Diversifying the Qualla Economy


1
Qualla 2020Diversifying the Qualla Economy
  • Fourth Meeting
  • May 21, 2014

2
Agenda - Morning
  • 900 Welcome and Introduction
  • 915 Trust Land Law and Regulation - Presentation
  • 1000 Real Estate Action Plans
  • 1045 Knowledge Industries Presentation
  • 1115 Knowledge Industry Action Plans
  • 1200 Lunch

3
Agenda - Afternoon
  • 1230 Review Potential Action Plans Add New Ones
  • - Enterprise Structure
  • - Tourism - Small Business
  • 230 Next Steps, Assignments
  • 300 Adjourn

4
Qualla 2020 Goals
  • The purpose of the Qualla 2020 Project is to
    diversify the Cherokee economy and reduce its
    risks so that it can better ensure the well-being
    of the Cherokee population into the future. 
  • In order to do this, the Qualla 2020 Project will
    seek to mitigate the dependence of the economy on
    gaming revenues, and to develop and expand
    businesses in ways that uphold the core values of
    the Cherokee people.

5
Qualla 2020 Process
  • Six Committee meetings
  • Tuesday, February 25, 900 am 300 pm ?
  • Friday, March 21, 900 am 300 pm ?
  • Yellow Hill Activity Center (Old Hardware Store)
  • Wednesday, April 23, 900 am 300 pm ?
  • Wednesday, May 21, 900 am 300 pm
  • Friday, June 27, 900 am 300 pm
  • Tuesday, July 15, 900 am 300 pm
  • Task teams will meet by phone between Committee
    meetings to develop detailed action plans for
    Committee review
  • Committee will choose action plans to recommend
    to EBCI Administration, EBCI Tribal Council and
    Cherokee Preservation Foundation

6
Action Plan Definition
  • Action plan criteria
  • Achievable with the resources controlled by
    institutions and individuals on the Qualla
    Boundary
  • Create visible differences within a year or two
  • Support traditional Cherokee values and culture
  • Action plan elements
  • Goal
  • Participants
  • Activities
  • Organizational leadership
  • Resources required
  • Funding sources
  • Timeline

7
Agenda - Morning
  • 900 Welcome and Introduction
  • 915 Trust Land Law and Regulation - Presentation
  • 1000 Real Estate Action Plans
  • 1045 Knowledge Industries Presentation
  • 1115 Knowledge Industry Action Plans
  • 1200 Lunch

8
Trust Land Law and Regulation
  • In order to streamline and simplify the leasing
    process, it will be critical to have oversight of
    leasing moved from the BIA to the Tribe. There
    are three key legal and regulatory areas that are
    important to understand
  • EBCI Statutory Law individual possessory
    holdings
  • HEARTH Act leasing regulations for trust land
  • Contracting and Compacting Tribal assumption of
    part or all of the Realty function
  • We also will look briefly at state property tax
    on the Boundary

9
EBCI Statutory Law Individual Possessory
Holdings
  • The EBCI Attorney General holds that because of
    the specific way in which EBCI land is held in
    trust, individual possessory holdings are
    governed by EBCI statute, not by federal law
  • Section 47 - Real Property of the Cherokee Code
    contains the statutes governing real property
    Section 47-4 stipulates the rights granted to a
    member when a possessory holding is issued
  • The fact that the individual possessory holdings
    are governed by EBCI statute implies that EBCI
    Tribal Council has the authority to change the
    statutes governing individual possessory holdings
    without having to consult with the BIA

Source Hannah Smith, Attorney Generals Office
10
EBCI Statutory Law Individual Possessory Holdings
  • The way that the law is currently written
    involves the BIA in leasing. Section 47-4(f)
  • The possessory holder may grant leases or
    permits on this possessory holding to a member,
    or nonmember of the Band for a definite period of
    time and for a prescribed consideration, in
    accordance with the then applicable rules and
    regulations of the Bureau of Indian Affairs and
    the Tribe, and subject to the approval of the
    Business Committee and the Secretary of the
    Interior or his authorized representative.
  • This law clearly requires the BIA to be involved
    in leasing but this law can be changed without
    the BIAs involvement or consent.

11
HEARTH Act Overview
  • HEARTH Act (Helping Expedite and Advance
    Responsible Tribal Home Ownership Act of 2012)
    establishes new framework for leasing tribal
    trust lands
  • The HEARTH Act allows all tribes to opt-out of
    the secretarial approval requirement when leasing
    their own lands for the first time in the history
    of federal Indian law. In effect, the HEARTH Act
    restores tribes inherent authority over the use
    and development of their own lands.

Details adapted from Bryan Newland, Fletcher PLLC
12
HEARTH Act
  • To opt-in, tribes must adopt their own leasing
    regulations
  • Tribal regulations must be approved by the
    Secretary of the Interior
  • Secretary has 120 days to review tribal
    regulations
  • Law is limited to tribally-owned trust lands
  • Doesnt apply to individually-owned lands
  • Law is limited to surface leasing
  • No oil gas leasing

Details adapted from Bryan Newland, Fletcher PLLC
13
HEARTH Act Requirements
  • Tribal regulations must
  • Be consistent with BIAs leasing regulations
  • Establish an environmental review process
  • Environmental review process requirements
  • Identification of significant environmental
    effects
  • Public notice and comment
  • Tribe must respond to substantive public comments
  • NOTE NEPA doesnt apply gt this is a tribal
    process

Details adapted from Bryan Newland, Fletcher PLLC
14
Tribes Whose Regulations Have Been Accepted Under
HEARTH Act
  • 1. Graton Rancheria (CA)
  • 2. Pueblo of Sandia (NM)
  • 3. Pokagon Band of Potawatomi (MI)
  • 4. Ak-Chin Indian Community (AZ)
  • 5. Santa Rosa Band of Cahuilla Indians (CA)
  • 6. Citizen Potawatomi Band (OK)
  • 7. Ewiiaapaayp Band of
  • Kumeyaay Indians (CA)
  • 8. Kaw Nation (OK)
  • 9. Dry Creek Rancheria
  • (CA)
  • 10. Jamestown SKlallam
  • (WA)
  • 11. Mohegan Tribe (CT)
  • 12. Wichita and Affiliated
  • Tribes (OK)

Details adapted from Bryan Newland, Fletcher PLLC
15
Taking Over the Realty FunctionContracting and
Compacting
  • Tribes have the authority to take over a part
    (contracting) or all (compacting) of the
    administrative functions performed by the BIA,
    the HIS, and other government entities.
  • EBCI has already compacted the administration of
    the Cherokee Indian Hospital from the HIS
  • More than 100 tribes have compacted one or more
    functions
  • Legal framework
  • Self-Determination contracts are authorized under
    the 1975 Indian Self Determination and Education
    Assistance Act.
  • Self-Governance compacts are made possible by
    1994 amendments to the 1975 Indian Self
    Determination and Education Assistance Act.

From Self-Governance The Red Book by The Office
of Self Governance
16
Self-Determination Contracts (Realty)
  • Tribe negotiates with local BIA Agency/Area
  • Tribe agrees to provide specific services that
    otherwise would be provided as part of the
    activities of the BIA
  • The Tribe is paid a specific amount (fixed price)
    for each contracted service
  • The Tribe submits quarterly reports on
    expenditures in each contract
  • BIA rules, regulations and manual apply
  • The BIA has ultimate responsibility for ensuring
    services are delivered appropriately.

From Self-Governance The Red Book by The Office
of Self Governance
17
Self-Governance Compacts (Realty)
  • Tribe negotiates with Office of Self-Governance
    (DC)
  • Tribe agrees to take over an entire function that
    otherwise would be provided as part of the
    activities of the BIA. This may include Realty
    Services and Title Plant
  • Tribe may redesign programs and activities within
    that function
  • Tribe must have appropriate data and management
    system, such as BIA Trust Asset and Accounting
    Management System
  • Tribe has an annual funding agreement from the
    BIA for the function (not program by program or
    service by service)
  • The Tribe submits quarterly reports on total
    expenditures has authority to shift expenditures
    within function (up to a limit)
  • BIA rules and regulations apply, but Tribe may
    replace BIA guidelines with its own guidelines.
    BIA manual doesnt apply.
  • The Tribe has the ultimate responsibility for
    ensuring that services are delivered
    appropriately.

From Self-Governance The Red Book by The Office
of Self Governance
18
Lummi Tribe Example of Realty Compact
19
Advice on Compacting
  • Confederated Salish and Kootenai Tribes (CSKT)
    began compacting BIA Real Estate Services in
    1990s and added BIA Title Plant Services in 1994
  • BIA compact revenue is 5.6 million annually.
    CSKT supplements this with its own funds to
    improve the quality of service.
  • CSKT advice for other Tribes considering
    compacting
  • Be extremely well-prepared and flexible before
    beginning self-governance negotiations.
  • Backlog issues
  • Reporting requirements
  • Is there a passion for providing these services?
  • Tribe and BIA should both be flexible and
    recognize the importance of a continued
    partnership after the initial self-governance
    compact

20
State Taxation of Property on the Boundary
  • North Carolina property tax is levied by counties
    both on real estate and on business property
    (computers, office equipment, etc.).
  • NC regards a long-term lease as being real
    property, and therefore subject to property tax
  • NC holds that when the Tribe or a Tribal member
    enters into a long-term lease with a non-member,
    the non-member will owe property tax to the local
    county on the value of the leasehold interest and
    business property whether or not the property is
    on the Boundary.
  • Example Food Lion Shopping Center the lessee
    is paying property tax to Jackson County
  • New BIA regulations (25 CFR Part 162) suggest
    that NCs view is not correct, and no property
    tax can be levied on the Boundary, regardless of
    who holds the lease

21
Agenda - Morning
  • 900 Welcome and Introduction
  • 915 Trust Land Law and Regulation - Presentation
  • 1000 Real Estate Action Plans
  • 1045 Knowledge Industries Presentation
  • 1115 Knowledge Industry Action Plans
  • 1200 Lunch

22
Real Estate Action Plans
  • Two action plans under development for review
    today
  • Create implementation plan for compacting BIA
    Realty function
  • Develop draft statutes to required to change
    individual possessory holding legal framework
  • EBCI Attorney Generals Office, Commerce
    Department and Finance Department are actively
    reviewing HEARTH Act, so no need for an action
    plan on this subject

23
Create Implementation Plan for Compacting BIA
Realty Function
  • Goal create an implementation plan for
    compacting the BIA Realty function.
  • What questions should the implementation plan
    answer?
  • Options What are the potential different options
    for compacting the Realty function?
  • Finances
  • How much it would cost the Tribe to take over the
    function?
  • How much money would the BIA pay the Tribe to
    provide the service?
  • Operations
  • What are the requirements in terms of people,
    software, and machines?
  • What will be the impact on jobs?
  • Examples What other tribes have done this and
    what has their experience been?

24
Create Implementation Plan for Compacting BIA
Realty Function
  • Activities
  • Assessment of current Tribal Land Records
    documents management by BIA
  • Analysis of Realty Services workflow and
    procedures
  • Recommendations and modifications to Land Records
    Management database schema
  • Estimate of the initial startup implementation
    cost
  • Estimate of the long-term operating cost
  • Organizational leadership Commerce Department
  • Organizational participants in addition to
    Commerce
  • Tribal Housing Program - Paulette Cox
  • EBCI Courts Hannah Smith and her staff
  • Chiefs Office - Paxton Myers
  • Finance Corey Blankenship or his designee
  • GIS Office David Wyatt

25
Create Implementation Plan for Compacting BIA
Realty Function
  • Resources
  • Hiring of independent contractor to facilitate
    development of implementation plan and
    development of new procedures
  • 15,000
  • Travel cost for GIS office staff site visits to
    two other Tribes and National Tribal GIS
    conference
  • 14,000
  • GIS database schema modification cost and custom
    workflow programming
  • 20,000
  • Supplies
  • 1,000
  • Total cost of implementation plan development
    50,000
  • Funding sources - TBD
  • Timeline 18 months

26
Develop Draft Statutes for Individual Possessory
Holding Legal Framework
  • Goal
  • Fund the legal work required to conduct research
    on how/whether other tribes have changed statutes
    regarding individual possessory interests, and to
    develop draft statutes and regulations that would
    simplifying the process for leases and sales of
    individual possessory interests
  • Activities
  • Engage outside expert counsel
  • Survey relevant tribal experience
  • Review existing EBCI statutes, regulations and
    case law
  • Develop initial draft of new proposed statutes
    and review with Executive and Tribal Council
    leadership
  • Public comment and community engagement
  • Prepare final draft of new proposed statutes for
    submission to Council
  • Develop regulations and procedures required to
    fully implement new statutes
  • Resources required approximately 40,000 for
    research, legal drafting and community
    engagement
  • Funding sources TBD
  • Timeline 18 months

27
Agenda - Morning
  • 900 Welcome and Introduction
  • 915 Trust Land Law and Regulation - Presentation
  • 1000 Real Estate Action Plans
  • 1045 Knowledge Industries Presentation
  • 1115 Knowledge Industry Action Plans
  • 1200 Lunch

28
Knowledge Industries
  • Knowledge Industry definition
  • Businesses whose operations and success depends
    mainly on knowledge, innovation and technology.
    Examples include software, high-tech
    manufacturing, communications, RD, and finance.
  • Knowledge workers are workers whose main asset is
    knowledge. They are paid to think for a
    living. Typical examples may include software
    engineers, architects, engineers, scientists and
    lawyers.
  • We will focus on a segment of knowledge industry
  • Knowledge industry clusters that are growing in
    NC, and for whom the 5-9s reliability and
    bandwidth provided by BalsamWest are
    mission-critical

29
Knowledge Industry Clusters Growing in NC and
That Require 5-9s Reliability
  • Existing clusters
  • Computer programming, systems design, related
    services
  • Health sciences (incl. pharmaceuticals) and
    informatics
  • Surgical and medical instruments
  • Emerging clusters
  • Magnetic optical media manufacturing
    reproduction
  • Data processing, Internet hosting, related
    services
  • Software publishing
  • Banking and finance
  • Internet publishing broadcasting, ISPs search
    portals, other information services
  • Business, scientific, technical consulting
    services
  • Rapid prototyping and specialized design services

30
Business Attraction Mountain West Alliance
  • Qualla Boundary and seven westernmost NC counties
    are each too small individually to have the
    resources and the sites necessary to compete
    effectively to attract knowledge businesses
  • Have formed Mountain West Alliance to work
    together to be able to identify and pursue
    potential knowledge industries
  • Regional approach has been successful for other
    rural NC communities in attracting knowledge
    industries
  • Example Data center corridor in rural NC,
    including Alexander, Burke, Caldwell, Catawba and
    Iredell counties.
  • Data centers from Google, Apple, financial
    services, etc.

31
(No Transcript)
32
Key Assets for Attracting Knowledge Industries
  • Infrastructure 5 9s high bandwidth fiber,
    inexpensive redundant power, plentiful water
  • Workforce skilled labor for knowledge industry
    applications
  • Build on WCU, community college training
  • Public sector supportive, business friendly
  • Quality of life natural resources, housing,
    schools

33
Profile of Entrepreneur/Firm Owner
  • Interest in outdoor recreation
  • Mountain roots
  • Rural lifestyle preference
  • Family at Western Carolina University, or alumni
  • Retirement transitioning

34
Attracting Knowledge Industries
  • Conduct market research to determine best
    potential areas/networks in which to recruit
  • Develop market offering sites, information,
    incentives to share with potentially interested
    companies.
  • Locations available
  • Information on workforce, quality of life,
    industry clusters
  • Incentive packages and assistance
  • Develop and launch marketing campaign

35
Knowledge Industry Action Plans
  • To be reviewed today
  • Marketing plan for attraction of Knowledge
    Industries
  • Feasibility study for fiber-enabled office
    building and co-working space
  • On hold
  • Tribally-owned data center
  • This is already being explored by EBCI Commerce.
  • Call center to service Harrahs and other
    Caesars properties
  • This is being reviewed by a team at Harrahs

36
Marketing Plan for Attraction of Knowledge
Industries
  • Goal identify and attract small-midsize
    knowledge businesses to Boundary and 7 counties
    of Western NC
  • Activities
  • Inventory and quantify the key assets of
    Mountain West Alliance region make it uniquely
    attractive to small, growing, entrepreneurial
    knowledge industry businesses
  • Conduct market research to develop clear profiles
    of target market segments/customers who would
    find the assets of Mountain West Alliance
    locations attractive.
  • Develop market offering sites, information,
    incentives to share with potentially interested
    companies.
  • Develop and launch marketing campaign

37
Marketing Plan for Attraction of Knowledge
Industries
  • Organizational home Southwest Commission
  • Potential Partners
  • EBCI Commerce, Economic Development Depts of 7
    Western Counties, Duke Energy, Drake Software
  • Resources TBD
  • Potential funding in cash and in kind
  • Drake Software?
  • Special assessment from 7 counties?
  • EBCI? Cherokee Preservation Foundation?
  • Timeline 18 months

38
Feasibility Study for Fiber-Enabled Office
Building and Co-Working Space
  • Goal determine whether sufficient demand exists
    at specific rental price points to support cost
    of fiber-enabled office building/co-work space
    (similar to Mojo in Asheville)
  • Activities
  • Develop profile of potential users
  • Conduct individual interviews and online survey
    of tech and home-based entrepreneurs businesses
    within a 30-mile radius/located in Jackson or
    Swain County
  • Develop estimate of potential demand for office
    and co-working space and a suite of services at
    particular price points
  • Organizational leadership Sequoyah Fund and
    Southwestern Commission
  • Potential Partners Chamber of Commerce, EBCI
    Commerce Department, WCU Small Business Technical
    Development Center, Haywood Committee College
    Entrepreneurial Program and the TERO Office.

39
Agenda - Afternoon
  • 1230 Review Potential Action Plans Add New Ones
  • - Enterprise Structure
  • - Small Business
  • - Tourism
  • 230 Next Steps, Assignments
  • 300 Adjourn

40
Small Business Action Plans
  • Small Business and Entrepreneurship Action Plans
    for discussion today
  • Expand sales of Cherokee art
  • Strengthen Chamber of Commerce
  • Create an economic coalition to support small
    business development and growth
  • Build a more vibrant entrepreneurial culture on
    the Boundary

41
Success Factors for Small Business
42
Action Plan Expand Sales of Cherokee Art
  • Goal Expand sales by Cherokee artists, both
    traditional and contemporary art.
  • Activities -
  • Create online sales using available social media
    tools
  • Develop a Cherokee authenticity label
  • Develop a distinctive Cherokee brand
  • Create a Cherokee artist council
  • Include both traditional and contemporary art
  • Broker Cherokee art off-Boundary
  • Provide entrepreneurial training
  • Qualify Cherokee artist as trainers
  • Support creation of artist portfolios
  • Provide micro-loans to artists
  • Support artists sales booths at various events

43
Action Plan Expand Sales of Cherokee Art
  • Organizational leadership Sequoyah Fund
  • Participants
  • Sequoyah Fund Russ Seagle, Hope Huskey
  • Qualla Arts Crafts Vicki Cruz
  • Resources required Estimates to be developed by
    Sequoyah Fund
  • Funding sources Primarily Sequoyah Fund
  • Timeline Steps being taken now

44
Action Plan Strengthen the Chamber of Commerce
  • Goal Strengthen Cherokee Chamber of Commerce
    financially and operationally
  • Activities
  • Develop a business case for supporting the
    Chamber from levy and privilege taxes on Cherokee
    businesses
  • Work with EBCI Finance to develop potential
    formulas for obtaining funding from levy and
    privilege taxes
  • Seek sources of ongoing funding from levy and
    privilege taxes through EBCI Administration and
    Tribal Council
  • In parallel with the above, create a plan for
    expanding business assets in Cherokee
  • Develop and provide a complete array of small
    business services to Cherokee
  • Collaborate with surrounding Chambers and
    economic development agencies to seek small
    business growth

45
Action Plan Strengthen the Chamber of Commerce
  • Organizational leadership Cherokee Chamber of
    Commerce
  • Participants
  • Cherokee Chamber of Commerce Amy Parker
  • EBCI Finance TBD
  • Surrounding Chambers and E.D. agencies
  • Resources required - TBD
  • Funding sources - TBD
  • Timeline - TBD

46
Action Plan Create Economic Development Coalition
  • Goal Create an economic coalition to support
    small business attraction, development and growth
  • Activities
  • Develop a coordinated strategy to create new jobs
    in all sectors of existing businesses through
    expansion and growth
  • Create and implement a coordinated plan to
    attract businesses to locate in Cherokee and the
    surrounding three counties
  • Develop a strategy that encourages
    entrepreneurial efforts to start businesses in
    targeted fields
  • Coordinate and integrate the efforts of economic
    development on the Boundary with neighboring
    interests, including economic development
    agencies and Chambers in Swain, Jackson and
    Haywood Counties

47
Action Plan Create Economic Development Coalition
  • Organizational leadership
  • Cherokee Chamber of Commerce Amy Parker
  • EBCI Commerce Jason Lambert
  • Sequoyah Fund Russ Seagle
  • Destination Marketing Skooter McCoy
  • Swain, Jackson and Haywood Counties
  • Smoky Mountain Host
  • WCU Steve Morse
  • CPF Mary Jane Ferguson
  • Resources required TBD
  • Funding sources TBD
  • Timeline - TBD

48
Action Plan Build a More Vibrant
Entrepreneurial Culture
  • Goal Build a more vibrant entrepreneurial
    culture on the Boundary.
  • Entrepreneurial Small Business needs
  • Markets
  • Location to lease or build
  • Access to Capital
  • Employees
  • Small Business Training/Development Resources
  • Business Services Insurance, Accounting,
    Marketing, etc.
  • Clear, Concise Information about the Selected
    Environment
  • Supply and Distribution Chain Information
  • Connectivity
  • Inspiration

49
Action Plan Build a More Vibrant
Entrepreneurial Culture
  • Activities
  • Establish a baseline description of a
    desirable/optimal small business environment
  • Complete research necessary to map the small
    business environment in Cherokee
  • Identify gaps/constraints between Cherokee
    environment and baseline
  • Prioritize the challenges and attack the problem
  • Create incentives to come to Cherokee
  • Develop the resources and avenues to connect with
    potential small businesses locally, regionally
    and beyond
  • Offer Indianpreneurship training
  • Start, gain momentum, and sustain the effort

50
Action Plan Build a More Vibrant
Entrepreneurial Culture
  • Organizational leadership
  • Sequoyah Fund Russ Seagle
  • EBCI Commerce Jason Lambert
  • TCGE Ray Rose
  • EBCI Destination Marketing Skooter McCoy
  • Cherokee Chamber of Commerce Amy Parker
  • Resources required - TBD
  • Funding sources -TBD
  • Timeline - TBD

51
Tourism Action Plan
  • Goal Develop options for increasing tourism,
    utilizing cultural and natural assets
  • Organizational Leadership - Skooter McCoy,
    Destination Marketing
  • Activities -
  • New programs for Unto These Hills being discussed
    with CHA Board
  • Relocate Oconaluftee village near the Museum
  • Add fly fishing museum along with trout
    exhibit/aquarium
  • Create a downtown Base Camp of the Smokies with
    appropriate retail
  • Relocate Fairgrounds to old high school site
  • Add convention center to high school site
  • Develop wildlife attraction at the Oconaluftee
    Village site
  • Improve attractiveness of Saunooke Village
  • Add visitor amenities to the gaming destination
  • Create all new visitor way-finding signage
  • Develop a fishing pond for children
  • Prepare a community gathering place

52
Tourism Action Plan
  • Next Steps
  • Bring the concept to the CHA and Museum Boards,
    and get their acceptance and approvaldiscussions
    under way
  • Communicate the district concept to EBCI
    Administration, Planning Board, Tribal Council,
    business owners, and community leaders
  • Convene a coalition of organizations within each
    district to provide input during the transition
  • Develop a master plan with renderings with cost
    estimates for the creation of the districts
  • Conduct feasibility studies for the major element
    of the program
  • Start archeological and Phase I environmental
    studies
  • Organizational leadership EBCI Destination
    Marketing
  • Resources required - TBD
  • Funding sources - TBD
  • Timeline - TBD

53
Next Steps
  • Fourth meeting of task teams by phone
  • Continue work on options
  • Research
  • Interviews
  • Financial analysis
  • Exploration of funding sources
  • Development of recommendations
  • BWB Solutions and Medicine Root will staff and
    facilitate tasks teams and conduct additional
    research as necessary

54
Contact Information
  • Ben Sherman
  • sherman1491_at_gmail.com
  • (303) 818-4926
  • John Weiser
  • johnw_at_bwbsolutions.com
  • (203) 314-8600

55
Appendix

56
State Taxation of Property on the Boundary
  • North Carolina property tax is levied both on
    real estate and on business property (computers,
    office equipment, etc.).
  • The tax is levied by and paid to the counties.
    Each county sets its own property tax rate.
  • Jackson .28 per 100 of valuation Swain .36
    per 100
  • NC regards a long-term lease as being real
    property, and therefore subject to property tax
  • NC position on taxation
  • Property owned, developed and held by the Tribe
    is not subject to property tax (example
    Harrahs)
  • Property owned, developed and held by Tribal
    members is not subject to property tax.
  • If the Tribe or a Tribal member enters into a
    long-term lease with a non-member, the non-member
    will owe property tax to the local county on the
    value of the leasehold interest, whether or not
    the property is on the Boundary.
  • Example Food Lion Shopping Center the leasee
    is paying property tax to Jackson County
  • Business property held by a non-member is subject
    to property tax, whether or not the business
    property is on the Boundary.

57
New BIA Leasing Regulations A Contrary Position
  • New BIA leasing regulations (25 CFR Part 162)
    provide a position contrary to NCs position
  • 162.017. The purposes of residential, business,
    and wind/ solar resource leasing on Indian land
    are to promote Indian housing and to allow Indian
    landowners to use their land profitably for
    economic development, ultimately contributing to
    tribal well-being and self-government.
  • 162.017(a). Subject only to applicable Federal
    law, permanent improvements on trust or
    restricted land are not taxable by States or
    localities, regardless of who owns the
    improvements.
  • 162.017(b). Subject only to applicable Federal
    law, activities conducted under a lease of trust
    or restricted land that occur on the leased
    premises are not taxable by States or localities,
    regardless of who conducts the activities.
  • These new regulations open the door to changing
    the current property tax situation on the
    Boundary.
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