HEROES ACT: H.R. 6800 As we continue to work on behalf of Indian Country, we want to make sure that all of our Indian nations and tribes are included in the next round of the HEROES Act or CARES Act vital to our tribal government public health funding and economic relief needs. Naturally, we know that the final bill will be subject to intense House and Senate, Republican and Democrat negotiation. The National Indian Gaming Association strongly supports the House proposal to set- aside $20 Billion from the next Coronavirus Relief Fund and we support: • The Federally Recognized Indian Tribe List Act for the definition of Indian tribes and Tribal Governments—from our viewpoint, Indian tribes are inherent sovereigns and there is no sovereignty in a state-chartered shareholder corporation. • Tribal Membership to measure Tribal Population because tribal members are tribal citizens, our political status, and Census numbers are based on race. • Lost Revenues . Our experts tell us that Indian gaming is likely to lose upwards of $15 Billion in Revenue this year, and we need Federal Government help to cover those lost Tribal Government revenues because those revenues fund essential government services. TRIBAL GOVERNMENT: TREATMENT AS STATES FOR ECONOMIC STIMULUS BONDS Tribal Bonds. Under the State Bond provisions, Congress determined to treat Indian tribes like states, yet Treasury and the Federal Reserve Bank have not implemented that statutory directive. Treasury and the Federal Reserve Bank must do more to facilitate bond issuance by Indian tribes in order to promote access to low interest bonds at 1% above the London Inter Bank Offer Rate (LIBOR) (.4%). TREATY RULE OF CONSTRUCTION Working together with Indian tribes across the country, the National Indian Gaming Association sought the enactment of the Tribal General Welfare Exclusion Act, which excluded Tribal Government programs and services from Federal income taxation. To remedy the IRS’s misunderstanding of Indian nations, treaties, and self-government, Congress included the Treaty Rule of Construction: Any ambiguity in the statute must be resolved in favor of the Indian tribes. See 26 U.S.C. sec. 139D. Our Indian nations need the Treaty Rule of Construction in the CARES Act legislation.
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