ASSEMBLY SUBSTITUTE AMENDMENT 1,TO ASSEMBLY BILL 700 2014 Losing Tribal Tax Exemption Status MFL This law Holds the Federal Trust Process Hostage at the State level and now creates an Optional Adverse Tax law with no redress mechanism. The Tribes would have to pay a tax unless an agreement is signed and the land stays in forest crop status while in trust under tribal ownership. Current law: DNR must issue a withdrawal order removing all lands owned by an Indian Tribe from the MFL program if requested to do so by the Tribe and if the Tribe provides DNR with the date on which the MFL will be transferred to the federal government to be held in trust for the Tribe and if the Tribe and DNR have in effect a written agreement that the land will continue to be treated as MFL until the date that the MFL order would have expired. Proposed Substitute Amendment (Creates a provision for withdrawals from the FCL program.) Section 14. 77.10 (2) (d) of the statutes is created to read: 77.10 (2) (d) Upon request of an Indian tribe, the department shall issue an order of withdrawal for the land that is owned in fee and that is subject to a contract under s. 77.03. The land withdrawn is not subjected to the tax payment calculated under par. (a) if all of the following apply: 1. The Indian tribe provides the department the date of the order to transfer the land to the United States to be held in trust for the tribe. 2. The Tribe and the department have in effect a written agreement under which the tribe agrees that the land shall continue to be treated as forest croplands until the date on which the contract under s. 77.03 would have expired. This law Holds the Federal Trust Process Hostage at the State level and now creates an Optional Adverse Tax law with no redress mechanism. Forest Crop Land purchased by the Tribes will not be transferred into Federal Trust by the department without this agreement. Under this Law the State must initiate the Tribal Land Trust Application Process. The department shall pay to each town treasurer 55 cents per acre treated as MFL Land. docs.legis.wisconsin.gov/2013/related/amendments/ab700/asa1_ab700 An eligible Indian Tribe may request in the form of a tribal resolution to the Secretary of the Interior. See 25 CFR § 151.9
Posted on: Thu, 20 Nov 2014 00:54:07 +0000
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