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November 8 and 9, 2004
The Inn at Lander, Best Western
Lander, Wyoming
Senator Robert Peck, Chairman
Representative Fred Parady, Vice-Chairman
Senator Cale Case
Senator Bill Vasey
Representative Lorna Johnson
Representative Del McOmie
Maxine Weaver, Staff Attorney
Please refer to
Appendix 1 to review the Committee Sign-in Sheet
for a list of other individuals who attended the meeting.
Chairman Peck called the meeting to order at 1:00 p.m. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 2 to review the Committee Meeting Agenda.
Ivan Posey, Chairman of the Shoshone Tribe and former Tribal Liaison, discussed the tribal liaison position. Mr. Posey held the tribal liaison position for one year but the position is currently vacant. He felt doors had been opened at the state level but the position needs more definition. He felt both the office in Cheyenne and on the reservation should be staffed full time. Mr. Posey felt a priority should be to develop a long term policy between the State and the Tribes. He had reviewed several and will send a copy of the Washington accord and a budget to LSO to forward to the Committee.
Chairman Peck stated the funding for the position was the state paid $50,000 and each tribe was to pay $25,000, however there was a contract issue with one tribe so that tribe did not fund its share of the position. Allison Sage, Northern Arapaho tribal council, stated the Arapaho did not fund the position because they spent the money for children services.
Jeanne Lajeunesse, GCDF, presented information to the Committee regarding security guard training, explained the need for the training [Appendix 3] and provided a proposed curriculum [Appendix 4].
Quinn Carroll, Deputy Superintendent, Department of Education discussed various projects and presented the Committee with the book YUSE The Bully & the Bear [Appendix 5]. There will be three books written by the Shoshone and three books written by the Arapaho to be distributed to 3rd graders and every school library.
Andrea Wilkins and Linda Sikkema, National Conference of State Legislators (NCSL) presented background on various projects and provided information to the Committee [Appendix 6] regarding details on policies, including an overview of various cooperative agreements, discussing why they were formed, how they may improve services, how they may reduce litigation and discussed potential conflicts.
Mark Howell, Washington DC lobbyist for the Northern Arapaho tribe and Andy Baldwin, attorney for the Northern Arapaho, updated the Committee regarding the case on gaming and the status of the construction on the new casino.
Louis Headley, Superintendent, discussed the status of the school and presented the St. Stephens Indian School Action Plan to the Committee [Appendix 7]. The Committee discussed the funding for the school.
The Select Committee recessed at 4:35 p.m. The Committee toured the 789 Bingo facility and reviewed the plans of the new casino.
Chairman Peck called the meeting to order at 8:30 a.m. In attendance for part of the morning was Alfred Redman's American government class from the Wyoming Indian School.
Mike Besson, Director Wyoming Water Development Office discussed five projects totaling $5.3 million. The projects include two drinking water studies for the Northern Arapaho and Eastern Shoshone, the Crowheart/Dinwoody for infrastructure and storage, the enlargement of Ray Lake for additional storage and repair of infrastructure to deliver water to tribal and non-tribal lands on the reservation. Regarding the sovereignty issue, Mr. Besson discussed the possibility of working with the BIA if the State can't work directly with the tribes.
Mark Berkman, Charles River Associates, and Andy Baldwin presented the December 9, 2003 report to the Committee [Appendices 8 and 9]. The study covered 1988-2002 and was designed to look at tax revenues generated for the county compared with revenue spent on reservation and residents. Mr. Baldlwin discussed the potential for a tax credit [Appendix 10].
Andy Baldwin and Allison Sage, Northern Arapaho, informed the Committee there is no contract between the State and the Arapahos, but the State is currently paying for workers. The tribes have committed $200,000 for salaries for social workers but they need more workers to lower caseload. They need 4-6 state workers and 4-6 tribal employees to be paid with tribal funds.
Tony Lewis, Deputy Director of the Department of Family Services is working with the tribes, focusing on caseloads per worker and nature of the work. Additional concerns on the reservation are the distances around the reservation, communications and the different structures of child care.
Vice-Chairman Parady moved to reauthorize the liaison position as a state funded position including a secretarial position located on the reservation so both offices could be open at same time. Representative Johnson seconded the motion. The Committee discussed the motion, including the potential of amending in participatory funding. The motion passed 4-2 [Appendix 11] and LSO staff was directed to draft the legislation.
Senator Vasey moved to have a commission to look at these accords and a representative of each tribe and selected members of the state. Vice-chairman Parady seconded the motion. Vice-chairman Parady suggested some discretion to the Chair to bring in the judicial branch. The motion passed.
The Committee agreed to table this issue for now.
NCSL will do further research and get back to LSO.
Vice-chairman Parady moved for this Committee to sponsor a letter for the Chairman to send to Management Council to authorize this Committee to sponsor a 3-day state/tribal government relations policy summit next May or June. He suggested Day 1 the tribe could host with tours like last August to look at water projects and schools to inform the summit and set the stage for the rest of session by having seen current conditions. On Day 2, the NCSL could have a primer on the progress of other issues across the west with potential break out sessions with some opportunity to look at history, tribal perspectives, county perspectives, water issues, child services and sovereignty. The closing session could be interactive focusing on creating a path forward. A letter to management council would include authorization for any member of the legislature to attend. Senator Vasey seconded the motion and the motion passed.
Senator Vasey moved to have the Department of Education and LSO research the basis for the funding level and give a report before the session with some possible alternatives. The motion was seconded and passed.
Vice-chairman Parady moved for Chairman Peck to write a letter to the tribes urging the reappointment and recreation of the ad hoc Wind River resources (water) committee or what it had been named. Representative McOmie seconded the motion and the motion passed.
Vice-chairman Parady moved to have LSO research staff look at the same issues as the report with a broader base view to continue to refine and understand issue. Senator Case seconded the motion and the motion passed.
Senator Vasey moved to ask Management Council for interim study on the double taxation issue. The motion was seconded by Representative McOmie and passed.
Allison Sage and Kassel Weeks agreed to carry a letter to Management Council.
Senator Case moved to solicit the executive branch and seek tribal input for appropriate caseload and budget necessary for DFS workers for the Northern Arapaho program on the reservation. Senator Vasey seconded the motion and the motion passed.
Senator Case moved to allow legal applicants for state aid to be from the Joint Business Council or the Northern Arapaho Business Council or the Eastern Shoshone Business Council or a combination. The motion was seconded. The motion passed with Senator Vasey voting no.
Senator Case wants a constitutional amendment to allow the state to have transparent relationships with entities on the Wind River Reservation as they do with cities, towns and counties. Senator Case moved for research to be done and a bill drafted for possible consideration. The motion was seconded by Representative Johnson and the motion passed.
There being no further business, Chairman Peck adjourned the meeting at 1:35 p.m.
Respectfully submitted,
Senator Robert Peck, Chairman