Dealership to benefit everyone

For nearly a century, members of the Reno-Sparks Indian Colony were dependent on federal, state and local governments for their survival.

This dependence began when the mining rush came to Nevada in the 19th century as our land was taken by force and with it the ability to live, sustain our culture and preserve a viable community.

We were the poorest of the poor and dependent on non-tribal governments for our survival.

Many did not survive.

In the 1920s, a small remnant of our aboriginal land base 28 acres was restored to tribal ownership, but the growing cities of Reno and Sparks soon surrounded our residential community, including four-lane highways, commercial sprawl, strip clubs, and northern Nevada's largest casino.

In 1970 things began to change.

President Nixon announced a new Indian policy.

For the first time, a U.S.

president embraced a policy premised on the principle that tribes should determine their own destiny, rather than have that destiny micromanaged by other governments.

This policy of tribal self-determination has been embraced in a bipartisan manner by every U.S.

president since Nixon and supported in Congress.

At the same time, federal Indian policy embraced a second important principle: tribal economic development.

These two federal policies tribal self-determination and tribal economic development form the foundation of Indian policy in the modern era.

These policies are our guideposts as our tribe seeks to move from economic dependency to tribal self-sufficiency.

The survival and well being of our tribe and its future generations will be impacted by the actions our tribal government takes today to achieve these two goals.

In the last 30 years, the Reno- Sparks Indian Colony has assumed responsibility for the health and welfare of its members by creating a tribal police force, enacting a tribal justice system, managing a tribal health clinic, supporting education, building Indian housing, and providing a full range of social services to its members.

These Colony services do not just benefit our members.

The Colony's health clinic serves the entire Indian community of the Reno- Sparks metropolitan area.

Only one in five of our health clinic's patients are members of our tribe.

The Tribal Health Center had nearly 40,000 visits to our services in the last fiscal year.

These services include diabetes care, mental health, podiatry, pediatrics, family practice/primary care and an allergy clinic.

Fifty-eight percent of our 5,000 patients have no insurance and those patients would be burdening the taxpayerfunded Washoe County Health Care System if we did not exist.

Our Headstart program employs Washoe County residents (including non- Indians) and "frees up" 33 children who would otherwise be eligible to attend Washoe County taxpayer-funded programs.

If not for our tribal social services program, these Indian recipients would be lined up at county social services.

These are just some examples.

We believe our tribal government is in the best position to provide these services because we are the government closest to our people, and can be more responsive to their needs.

The infrastructure and services needed to serve our Indian community has benefited our neighbors as well.

This is clearly the case with Eagle Canyon Drive, a major regional road built to serve our Hungry Valley community that serves two local schools, several residential subdivisions, and commercial development in the Spanish Springs area.

In addition, the Colony has been party to a number of projects including flood control, sewer easements, land exchanges and fire protection that provide reciprocal benefits to the Colony and its surrounding communities.

Because Indian tribes are sovereign governments, disputes can and do arise between states and tribes over issues such as water rights, jurisdiction, or taxation.

Litigation is one way in which these issues can be resolved, but it may not be the best way.

It can be expensive, can strain relations, and the outcome is not always predictable for either side.

In the 1980s, tax disputes arose in Nevada, which looked like they were heading to court, but the Nevada Legislature and Nevada tribes chose to resolve these disputes by negotiating tax agreements.

The Colony took the lead in seeking a negotiated settlement of the dispute.

The underlying principle of the negotiated settlement that settled this dispute was to create a "level playing field" on reservation taxation.

Retail sales are taxed at the same rate regardless of whether the sale occurs in downtown Reno or on an Indian reservation.

This avoids the scenario (occurring in other states) where Indian tribes must resort to marketing a tax exemption.

In 1989, the Nevada Legislature (by unanimous votes in both houses) codified this arrangement: Nevada tribes can collect the sales tax on items sold at retail if the tribe taxes at the same rate as the state of Nevada.

This same approach is taken on tobacco excise taxes.

In states where the Indian nations and the state have not resolved taxation issues through tax agreements, conflict and litigation are the norm.

The modern trend, however, is to follow the Nevada approach which ensures that all reservation sales are taxed at the rate, with the tribe assessing and collecting the tax on reservation sales.

Recently, the Colony's decision to lease land for a Mercedes-Benz dealership has caused concern, and possibly leaves the impression that the Colony may be bending some rules.

This is not the case.

The sales tax collected on the sales of these luxury cars would be taxed at the same rate as the state, as authorized by the 1989 Nevada statues and the 1991 tax agreement between the Colony and the Department of Taxation.

In fact, the Colony has been collecting sales tax in this fashion for more than a decade.

The only difference here is that, for the first time, the Colony has been successful in negotiating a lease with a prestigious business.

We hope this dealership will generate about $60,000 a month in sales tax ($750,000 annually) for the Colony.

This is compared to the $33.2 million in monthly sales tax generated in Washoe County.

This money will go toward tribal programs, services and facilities, including the construction of a new $12 million health clinic along the banks of the Truckee River which is badly needed.

It will help our tribal government keep up with the growing needs of our community, at a time when federal funding is on the decline and American Indians are one of the fastest growing, and poorest, populations in the nation according to the 2000 Census.

Our reinvestment of this money in the Reno-Sparks area benefits the entire community.

While sales taxes on Colony lands help pay for the tribal government, it does not preclude the collection of other taxes that go toward local governments.

The Mercedes dealership will create close to 40 jobs, not including the construction crews who are almost finished.

These paychecks flow into the local economy through everyday commerce.

The sales tax on building materials and the increased property taxes from this land improvement all go to benefit Washoe County government, which can tax these improvements.

The car dealership will pay the business activity tax to Nevada as well as the employer payroll tax.

Equipment used in businesses located on tribal land also contributes personal property taxes to Washoe County.

We believe bringing this Californiabased car dealer to the Reno-Sparks area will help strengthen and diversify the economies of all the governments and create jobs for the entire community.

The Reno-Sparks Indian Colony wants to share in our region's strong economy and contribute to its outstanding quality of life.

That is why we must share our story with all citizens and make sure that any misunderstandings do not lead to unwanted and unproductive controversy.

Arlen Melendez is chairman of the Reno- Sparks Indian Colony Tribal Council.