Title: Qualla 2020: Diversifying the Qualla Economy
1Qualla 2020Diversifying the Qualla Economy
- Fourth Meeting
- May 21, 2014
2Agenda - 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
3Agenda - Afternoon
- 1230 Review Potential Action Plans Add New Ones
- - Enterprise Structure
- - Tourism - Small Business
-
- 230 Next Steps, Assignments
- 300 Adjourn
4Qualla 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.
5Qualla 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
6Action 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
7Agenda - 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
8Trust 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
9EBCI 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
10EBCI 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.
11HEARTH 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
12HEARTH 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
13HEARTH 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
14Tribes 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
15Taking 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
16Self-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
17Self-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
18Lummi Tribe Example of Realty Compact
19Advice 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
20State 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
21Agenda - 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
22Real 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
23Create 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? -
24Create 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
25Create 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
26Develop 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
27Agenda - 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
28Knowledge 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
29Knowledge 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
30Business 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)
32Key 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
33Profile of Entrepreneur/Firm Owner
- Interest in outdoor recreation
- Mountain roots
- Rural lifestyle preference
- Family at Western Carolina University, or alumni
- Retirement transitioning
34Attracting 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
35Knowledge 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
36Marketing 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
37Marketing 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
38Feasibility 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.
39Agenda - Afternoon
- 1230 Review Potential Action Plans Add New Ones
- - Enterprise Structure
- - Small Business
- - Tourism
- 230 Next Steps, Assignments
- 300 Adjourn
40Small 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
41Success Factors for Small Business
42Action 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
43Action 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
44Action 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
45Action 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
46Action 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
47Action 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
48Action 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
49Action 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
50Action 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
-
51Tourism 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
52Tourism 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
53Next 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
54Contact Information
- Ben Sherman
- sherman1491_at_gmail.com
- (303) 818-4926
- John Weiser
- johnw_at_bwbsolutions.com
- (203) 314-8600
55Appendix
56State 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.
57New 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.