DRAFT
ONLY - APPROVAL PENDING
Wyoming Legislature
Committee Meeting Summary of
Proceedings
Select Committee on Tribal Relations
October 21-22, 2003
Room 302 State
Capitol
Cheyenne, Wyoming
Meeting Attendance
Select Committee Members (Present)
Senator
Robert Peck and Representative Harry Tipton (October 21), Cochairmen.
Senators
Cale Case and Bill Vasey.
Representative
Del McOmie.
Legislative Service Office
Dan J. Pauli, Director
Select Committee Members (Absent)
Representative Lorna Johnson
Joint Business Council
Eastern
Shoshone Business Council Members (Present)
Arlen Shoyo, Sr.
Ben O'Neal
Richard "Dickie"
Burnett, Sr.
Northern
Arapaho Business Council Members
(Present)
Burton Hutchinson, Chairman
Carlton Underwood, Co-Chairman
Allison Sage, Jr.
Others Present
Please refer to Appendix
"A" to review the Committee Sign-in Sheet for a list of other
individuals who attended the meeting.
Written Meeting Materials
and Handouts
All meeting materials and
handouts provided to the Committee by the Legislative Service Office (LSO), public
officials, lobbyists, and the public are referenced in the Meeting Materials
Index, attached to the minutes. These materials are on file at the LSO and
are part of the official record of the meeting.
Minutes Format Note
The primary purpose of this meeting was to obtain
information relating to tax revenues collected on the Wind River Reservation,
state services currently provided to Tribal members, and potential ways to
enhance the provision of state services. Various state agencies were invited to
outline programs they administer that affect Tribal members and to answer
questions from members of the Select Committee and the Joint Business Council
concerning those programs. Each agency provided written materials outlining in
detail the programs they administer. Those written materials are attached as
Appendices. For each of the eight state agencies making a presentation, the
following summary information is
provided below:
- Designation
of Agency
- Identification
of agency personnel making presentation
- Reference
to Appendix providing additional detailed program information
- List
of relevant programs administered by the agency
- Brief
re-cap of significant discussion points and issues for future
consideration
Call To Order (October
21, 2003)
Co-Chairman
Tipton called the meeting to order at 9:20 a.m. After welcoming members of the Joint Business Council in
attendance, he explained that this was basically an information gathering
meeting aimed at getting a better understanding of revenues collected from the
Wind River Reservation, state programs that affect Tribal members and needs of
the citizens residing on the Reservation. He noted that various state agencies
had been invited to discuss the programs they administer and to answer
questions from Select Committee members and members of the Joint Business
Council.
Mr. Allison
Sage, Joint Business Council, provided demographic information relating to the
Wind River Reservation:
- The Reservation consists of
approximately 2.2 million acres and includes portions of Fremont, Hot
Springs and Sublette Counties.
- There are approximately 10,000
enrolled members of the Northern Arapaho and Eastern Shoshone Tribes, and
an additional 3,000 to 5,000 non-enrolled, living on the Reservation, the
majority of whom reside in Fremont County.
- The Tribes are governed by two
separate Tribal Councils of 6 members each who also serve together as the
Joint Business Council.
- Major communities on the Reservation
include: Fort Washakie; Ethete; Crowheart; and Arapaho.
- Two-thirds of the Northern Arapaho
people are under age 18.
Mr. Sage
outlined a number of issues of concern to the Tribes:
- The Reservation has a lot of mineral
resources but is one of the most impoverished areas in the state.
- Significant tax revenues are generated
on the Reservation and the Tribes want to ensure they are receiving fair
treatment in the form of state services provided.
- The tribes want to develop their
resources: Water, oil & gas, timber, etc., but have encountered
obstacles, for example, it is hard to negotiate with oil companies to come
to the Reservation because they will be taxed twice on production.
- Housing shortage is a major problem
with 4 or more generations sometimes sharing the same house.
- Other problems include lack of potable
water for many homes, health care issues, lack of job opportunities, etc.
Co-Chairman Tipton
acknowledged that members of the Legislature share the goal of improving
conditions on the Reservation but noted that issues relating to Tribal
Sovereignty have sometimes hampered efforts.
Agency Presentations
Agency: Department
of Revenue
Agency Personnel in Attendance: Edmund Schmidt; Randy
Bolles; Rory Horsley; Dan Noble
Detailed Information: Appendix "B"
List of Programs Administered:
- Mineral
Severance Tax
- General,
Specific Purpose and Lodging Taxes collected by Counties
- Sales
and Use Tax
- Cigarette
Tax
Recap of Discussion Points and Issues:
- The
department provided data on taxes collected on the Reservation and
explained distribution formulas for severance tax, sales and use tax and
cigarette tax.
- The
state collects severance taxes on all mineral production whether or not
from Tribal lands. However, the state does not collect ad valorem tax on
Tribal mineral lands.
- The
Tribes could impose an ad valorem tax or sales tax but to date have imposed
only a mineral severance tax.
- Severance
taxes go to the state for distribution; however, the state merely
determines valuation for mineral ad valorem tax which is provided to the
county assessor who then applies the mill levy and distributes taxes
collected among taxing districts within the county. Ad valorem taxes are
imposed only on fee lands within the Reservation.
- Whether
mineral production is from tribal lands is self-reported by the taxpayer.
- Tribes
contend royalties paid on mineral leases on tribal lands run from 12 ˝ %
to 20% while royalties on fee lands in Fremont county run as high as 34%.
- Since
communities such as Fort Washakie and Arapaho are not incorporated towns,
they are not entitled to receive a portion of severance or sales tax
revenues under the current distribution formulas. Populations in Tribal
communities are included in the County population for purposes of revenue
distributions. In addition to sovereignty issues, another impediment to
these communities becoming incorporated is their lack of clear boundaries.
- Tribal
representatives suggested that other revenue sharing mechanisms could be
used to allocate revenues to the Tribes and that there are models that are
being used in other states.
- JBC
members expressed concern that low income energy assistance funds were
being inappropriately distributed due to the fact that some Tribal members
who live on the Reservation have mailing addresses in Lander or Riverton
and their numbers were being attributed to those towns.
- As to
sales tax: Sales on the reservation to enrolled tribal members are not
subject to state sales tax. Sales to non-members are taxable. The
situation is complicated by issues such as location of the Reservation
boundaries. In the case of the cigarette tax, computation of sales to
tribal members and non-members is estimated from total sales using an
agreed upon percentage.
- In
connection with State Land and Investment Board Mineral Royalty Grants,
there was discussion of the problem of Tribes not being eligible to apply
directly for distribution of funds but instead having to apply indirectly
through a state governmental entity.
- Sen.
Case suggested that several philosophical alternatives could be
considered: Allow the Tribes to make direct application for distributions
as now allowed under the water development program; consider the
Reservation as a county and its communities as cities for purposes of
distribution formulas; treat the tribes as a totally separate government
and cease all tax collections, but also provide no distributions of
revenue.
- Rep.
McOmie asked whether to ensure fair distribution of tax revenues it might be necessary to
collect taxes from everyone then distribute.
Agency: Department
of Corrections
Agency Personnel in Attendance: Steve Lindly; Gary Starbuck
Detailed Information: Appendix "C"
List of Programs Administered:
- Traditional
Probation and Parole Field Services
- Intensive
Supervision Program
- Services
in conjunction with Drug Court
- State
Correctional Facilities
- Contract
for supervisor of religious activities for Native Americans
Recap of Discussion Points and Issues:
- The
department provided data on the number of Native Americans on probation or parole in Wyoming and
numbers incarcerated in state penal facilities and associated costs.
Figures provided include all those who self-reported they were Native
Americans and therefore may also include those who are not from the Wind
River Reservation.
- DOC
has contracted with an individual to provide cultural and spiritual
guidance to Native Americans in state penal institutions. There is
insufficient data to determine if this has had an effect on recidivism,
however, the general feeling is that it is helping.
- JBC
members recognized the importance of continued contact with inmates by
members of the Tribal community, elders, spiritual healers and advisors,
but questioned whether this should be expanded to include both male and
female spiritual counselors and those who represent the cultures of both
Tribes.
- Tribal
members questioned the proportionally low number of Native American DOC
employees and especially probation and parole officers in Fremont County.
- Department
personnel expressed their willingness to create community partnerships
with the Tribal courts.
- DOC
reported that the level of discrimination against Native Americans in
state penal institutions appears to be low.
Agency: Department
of Education
Agency Personnel in Attendance: Quinn Carroll; Fred
Hansen
Detailed Information: Appendix "D"
List of Programs Administered:
- Administration
of school foundation program
- Administration
of federal grant programs
Recap of Discussion Points and Issues:
- Department
personnel explained in general terms the funding model for school finance
and answered questions regarding the interplay between the foundation
guarantee and local resources.
- Mr.
Hansen reviewed additional elements of state and federal funding for each
of the six school districts which have students from the Wind River
Reservation (Fremont 1, 6, 14, 21, 25 and 38).
- Sen.
Case explained how proposals to consolidate districts in Fremont County
would result in the partial loss of federal impact aid.
- Mr.
Carroll explained several initiatives that have or soon will be started on
the Reservation including: Native language children's books; a pilot
project focusing on a safe school environment; a cultural outdoor learning
program.
- The
committee discussed the possibility of including continued funding for St.
Stephens school in the department of education budget rather than
employing a separate bill. Sen. Case explained this is not a parochial
school.
- Tribal
members noted that there would be a substantial cost to the state to
educate the students attending St. Stephens if the school was not there.
Agency: Department
of Health
Agency Personnel in Attendance: Deborah Fleming;
Michelle McDonnell
Detailed Information: Appendix "E"
List of Programs Administered:
- Direct
Health Care Services
- Enabling
Services.
- Population
Based Services.
- Infrastructure
Building Services.
Recap of Discussion Points and Issues:
- Director
Fleming explained that Direct Health Care Services are those that are
generally delivered one-on-one between a health care professional and a
patient in an office, home clinic or emergency room. These include:
Medicaid; Prescription Drug Assistance Program; Vaccines for children;
Smallpox; Rabies; Diabetes; Public Health Nursing; Developmental
Disabilities Services; Aging; Substance Abuse; Mental Health Services;
Sexually Transmitted Diseases.
- Director
Fleming explained that Enabling Services are those that provide for access
to benefits from an array of basic health care services. These include:
Kid Care (State Children's Health Insurance Program); Robert Wood Johnson
Foundation Grants; WIC program; End Stage Renal Disease; Maternal and
Child Health Needs; Developmental Disabilities Services for Acquired Brain
Injury and Targeted Case Management; Aging Services; Pharmacy Assistance.
- Population
Based Services are those preventive interventions and personal health
services that are developed for the entire population of the state rather
than for individuals in a one-on-one situation. Programs include:
Immunization; West Nile; Epidemiology; Biomonitoring; Diabetes; PHN
Clinics; STD awareness campaigns; Tobacco Prevention.
- Infrastructure
Building Services provide activities directed at improving and maintaining
the health status of the state's population. Programs include: Facility
Safety; Strategic National Stockpile (Pharmaceuticals); Bioterrorism;
Statewide Advisory Committees; Office of Minority Health; Oral Health Program;
Community Services Block Grants; Substance Abuse Prevention Block Grant.
- Tribal
members expressed concern that certain health related services for Native
Americans on the Reservation are sometimes billed to Indian Health
Services while expenses for whites accessing care under identical
circumstances are paid by the county.
Agency: Department
of Family Services
Agency Personnel in Attendance: Rodger McDaniel; Tony
Lewis; Ken Kaz; Paul Yaksic
Detailed Information: Appendix "F"
List of Programs Administered:
- Child
Protective Services
- Child
and Family Services Review
- Independent
Living
- TANF
- Child
Support Enforcement
- Weatherization
- Child
Abuse Prevention
- Crisis
Care
Recap of Discussion Points and Issues:
- Director
McDaniel explained the process underway to employ a consultant possessing
cultural expertise to perform a review of child and family services on the
Wind River Reservation. This report will hopefully identify problems with
the current delivery system and provide a roadmap for improving services.
- DFS is
currently contracting with the Tribes to provide child protective
services; the department also provides joint training for social workers.
- Director
McDaniel explained that under the TANF program both state funds and direct
federal funds are provided to the Reservation.
- The
state, under cooperative agreement, provides services in establishing
paternity and collecting child support pending the Tribes establishing a
separate program.
- There
was discussion of the shortage of social workers on the Reservation and
the rising costs of out-of-home placements of children. Director McDaniel
agreed that caseloads on the Reservation are even higher than the heavy
caseloads of social workers around the state. He also agreed that some
off-reservation placements are too expensive and not appropriate. He
expressed hope that the services review will lead to better ways to create
partnerships, allocate funds and provide services.
- Tribal
members expressed concern over the allocation of TANF grants which
appeared to favor programs operating out of Cheyenne. Director McDaniel
explained criteria for the grant awards and noted that most of the
programs funded provide services state-wide including services that
benefit individuals on the Reservation.
- Tribal
members explained that part of the Tribes' dilemma is that not only is
there a shortage of social workers, they are hampered in meeting their
caseload demands by the fact that few residents have telephones and they
have to travel long distance to personally contact clients.
Call To Order (October
22, 2003)
Co-Chairman
Peck called the meeting to order at 8:40 a.m.
Agency Presentations
Agency: Department
of Game and Fish
Agency Personnel in Attendance: Bill Wichers
Detailed Information: Appendix "G"
List of Programs Administered:
- Wildlife
Management on Deeded Lands within the Reservation
- Transplanting
Antelope, Big Horn Sheep and Trout to the Reservation
- Law
Enforcement Cooperation – Forensics
- Peregrine
Falcon Surveys
- Joint
Training Programs
- Education
Efforts
Recap of Discussion Points and Issues:
- Game
and Fish has a long history of working cooperatively with the Tribes on
wildlife management issues.
- Efforts
are sometimes hampered by complicated issues regarding land status.
- Tribal
members expressed concern that state maps are misleading as to whether
Tribal lands are in fact open to hunting by individuals who have a state
license but not a Tribal license.
- Discussed
issues relating to law enforcement jurisdiction; payment of deprivation
costs.
- Tribal
members were concerned that Game and Fish needs to take Tribal game
surveys into account in setting seasons and game limits in areas bordering
Tribal lands.
- Discussed
potential for introduction of buffalo. Problems include encroachment on
cattle grazing lands and fears concerning brucellosis.
- Tribal
members also expressed concern about problems they are encountering
gaining access to hunt along rivers on deeded lands.
Agency: Department
of Transportation
Agency Personnel in Attendance: Del McOmie; Dan
Kline; Sharon Gostovich
Detailed Information: Appendix "H"
List of Programs Administered:
- Training
- Roadway
Projects
- Bridge
Projects
- Fuel
Tax
Recap of Discussion Points and Issues:
- Mr.
McOmie explained the existing road system and outlined the general
responsibilities for construction and maintenance of roads on the Wind
River Reservation.
- WYDOT
has actively worked to establish better lines of communication,
construction training and mentoring opportunities with the Tribes.
- Training relating to roadway preliminary
engineering and construction practices has benefited both the Tribes and
the DOT. New initiatives include archeology training and an engineering
and design mentoring program.
- Mr.
McOmie reviewed and answered questions concerning several major roadway
projects on the Wind River Reservation including: 17 Mile Road; Ethete
South; Hamilton Dome Road; Diversion Dam Junction East; and Hudson-St.
Stephens.
- Ms.
Gostovich explained the procedures for collection of fuel tax on the
reservation and the mechanism for refunding taxes paid by Native American
purchasers on a percentage basis.
- Mr.
Sage raised questions about a dangerous intersection near the location
where the gaming facility will be constructed. Mr. McOmie stated that this
will be reviewed after design documents are submitted to WYDOT.
- In
accordance with the Tribal Employment Rights Ordinance (TERO) WYDOT
includes special provisions in all roadway contracts on or near the
Reservation to ensure that employment and contracting rights of Indians
are protected.
- It was
noted that a request had not yet been made regarding signage for the
Sacagawea Trail. Senator Case suggested that if the Joint Business Council
wishes to proceed he would assist with seeking funding from private
sources.
- Possible
reintroduction of the bill to create the Sand Creek Massacre Trail was
discussed.
Agency: Wyoming
Business Council
Agency Personnel in Attendance: Tucker Fagan; Roger
Bower
Detailed Information: Appendix "I"
List of Programs Administered:
- Community
Development Block Grants
- Community
Assessments
- Business
Ready Community Program
- Main
Street Program
Recap of Discussion Points and Issues:
- Mr.
Fagan outlined the history and mission of the Wyoming Business Council
(WBC).
- The
primary goal of the WBC is to help provide the tools necessary to help
retain existing businesses and to attract new business growth.
- The
Tribes are eligible directly under the Business Ready Community program,
however, under the Community Development Block Grant program, the Tribes
must submit applications through a county or local government entity.
- Mr.
Bower discussed potential business development opportunities for the
Tribes whereby an industry might be created to use some of the Tribes'
natural resources to meet its own needs. As examples he cited:
- The
Navajo Hogan Project which involved the creation of a Tribal
manufacturing facility to produce affordable housing units on the Navajo
Nation.
- Potential
joint ventures with contractors to take advantage of Tribal contract
preferences.
- Possible
agriculture diversification such as custom grass-fattened beef; portable
slaughter facilities.
- Tourism
opportunities, including agri-tourism and cultural/historical tourism.
- Natural
resource development possibilities such as development of the
Reservation's own gas utility.
Select Committee Action
1. On motion by
Senator Case, the Select Committee voted to adopt a resolution to be sent to State Superintendent Trent Blankenship
and the Joint Appropriations Interim Committee supporting a proposal to amend
the budget already submitted to the Governor by the department of education to
include continuing funding for the St. Stephens school for program enhancements
in an amount at least equal to the funding provided for the school by 2003 SF
0079. (Voting Aye: Case; Peck; Vasey; McOmie; Voting No: None; Absent:
L.Johnson; Tipton).
2. As a fall
back alternative, Senator Vasey moved that the Select Committee have drafted a
separate bill for introduction providing funding for the St. Stephens school
similar to last year's bill. The motion
passed. (Voting Aye: Case; Peck; Vasey; McOmie; Voting No: None; Absent:
L.Johnson; Tipton).
3. Senator Case
moved that the Select Committee introduce a bill establishing the Sand Creek
Massacre Trail. The motion passed. (Voting Aye: Case; Peck; Vasey; McOmie; Voting
No: None; Absent: L.Johnson; Tipton).
4. Upon motion
by Senator Case, the Select Committee voted to send a letter to the Department
of Corrections recommending that they provide additional spiritual counselors
for Tribal members in state penal institutions and that in selecting counselors
the department consider individuals who understand the cultural traditions of
both the Eastern Shoshone and Northern Arapaho Tribes and also consider the
value of providing counselors of both genders. Further, that the department
actively seek to increase the number of Native American probation and parole
officers and guards working in the state's penal system. The motion passed.
(Voting Aye: Case; Peck; Vasey; McOmie; Voting No: None; Absent: L.Johnson;
Tipton).
5. Upon motion
by Senator Case, the Select Committee voted to draft legislation allowing the
Business Councils of both the Eastern Shoshone and the Northern Arapaho Tribes
to apply directly for Community Development Block Grants. The motion passed. (Voting Aye: Case; Peck;
Vasey; McOmie; Voting No: None; Absent: L.Johnson; Tipton).
Closing Remarks
Members of the Select Committee and Joint Business Council
generally agreed that this meeting was a good step in opening communications.
Several Tribal members expressed their appreciation for the opportunity to
learn about the operations of the various state agencies and to express Tribal
concerns that the agencies may have been unaware of. A list of issues the
Tribes would like to discuss further will be presented to the Select Committee
members at a later date. The Tribes advised that they have also commissioned an
update of a 1988 study comparing taxes collected on the Reservation and state
services provided. The Tribal representatives agreed to make both the original
report and the update available to the Select Committee.
Co-Chairman Peck thanked the Joint Business Council members
for their attendance and participation.
Miscellaneous Committee
Business
Judy Catchpole, Valerie Seidel
and John Harrison addressed the Select Committee briefly concerning the need to
provide educational opportunities for juveniles who enter the correctional
system and who are in custody awaiting final disposition. See Attachment
"J".
Meeting Adjournment
There being
no further business, Co-Chairman Peck adjourned the meeting at 1:30 p.m.,
Wednesday, October 22nd.
Respectfully submitted,
Senator Robert Peck, Co-Chairman