Committee Meeting Information

August 28, 2008 – Committee Meeting

Central Wyoming College

Riverton, Wyoming

 

Committee Members Present

Senator Cale Case, Co-Chairman

Representative Del McOmie, Co-Chairman

Senator Rodney "Pete" Anderson

Senator Wayne Johnson

Senator Bill Vasey

 

Committee Members Absent

Representative Patrick Goggles

 

Legislative Service Office Staff

Ian D. Shaw, Staff Attorney

Alex Kean, Research Analyst

 

Others Present at Meeting

Please refer to Appendix 1 to review the Committee Sign-in Sheet
for a list of other individuals who attended the meeting.

 

 

Call To Order (August 28, 2008) 

Co-Chairman McOmie called the meeting to order at 8:00 a.m.  Roll call was taken and a quorum was present.  Representative Goggles was excused as absent while attending the Democratic National Convention in Denver, Colorado.  The following sections summarize the Committee proceedings by topic.  Please refer to Appendix 2 to review the Committee Meeting Agenda. 

 

Executive Summary

The first day of the meeting was held with the Joint Education Committee and was dedicated to a Tribal Education Summit.  Minutes for the Tribal Education Summit were completed by staff for the Joint Education Committee and are included here as Appendix 3.  The second day of the meeting was scheduled as a regular committee meeting and the Committee received information regarding the Department of Workforce Services, Wyoming Medicaid, county/Tribal relations, water projects, Prevent Child Abuse Wyoming, a Tribal lands right-of-way summit, the Intertribal Center at CWC and the Legislature's Tribal services study/report.

 

Approval of Minutes

Representative Vasey, seconded by Senator Johnson, moved to approve the minutes of the Committee's July meeting.  The motion passed and the minutes were approved.

 

Co-Chair Case then took over the meeting and proceeded to consider the topics as follows:

 

Department of Workforce Services

Joan Evans, Director of Wyoming Department of Workforce Services ("DWS"), gave the Committee an update on the activities of DWS and its work on the Wind River Indian Reservation and surrounding communities.  Ms. Evans described DWS' Sector Initiatives, Career Readiness Initiative, Job Corp. development and the vocational rehabilitation program.  DWS is working to develop partnerships on the Reservation to further its strategic plan and to serve the Reservation.   Burl Geis of the Riverton DWS office explained how DWS works with the Tribal Employment Rights Office (TERO) to promote the hiring of Indian labor.  Mr. Geis reported that, in recent years, there has been a significant expansion of Indian labor in the local economy.   35-40% of people served at the Riverton DWS office are from the Reservation, most of them Tribal members.   These people do not have to come to Lander or Riverton to get served as DWS does have services available on the Reservation.

 

Medicaid Participation Update

Sheree Nall,  Provider Services Manager for Wyoming Medicaid, spoke to the Committee.  She explained Wyoming Medicaid's work with Indian Health Services ("IHS") to provide more complete coverage on the Reservation.   A new employee, Glen Fowler, has been employed and has substantially improved IHS's billing practices.  Mr. Fowler's efforts have drastically increased payments being made by Wyoming Medicaid to IHS for  services on the Reservation.  Eligibility is an issue and there is confusion about eligibility.  New swipe cards are being used to instantly qualify people and to expand the use of Medicaid.  There have been a number of complaints by Tribal members about the treatment they receive from Department of Family Services ("DFS") staff responsible for determining Medicaid eligibility and completing benefit applications.  Medicaid has met with DFS and is working on this issue.   Co-Chair Case asked Wyoming Medicaid to meet with Tony Lewis, DFS Director, on this issue and to report back to the Committee at its next meeting.

 

Wyoming Medicaid has no incentive not to enroll Tribal members because Medicaid is reimbursed 100% by the federal government for all benefits paid to qualified Reservation care providers.  Given the fact that Wyoming is reimbursed for its health care costs on the Reservation, Glen Fowler suggested that Wyoming reinvest those savings for the benefit of the Reservation. 

 

Cathy Keene, former director of Indian Health Services who now operates a community health center in Riverton, explained that only service providers who have entered into a "638 contract" are entitled to qualify for the 100% reimbursement from the federal government.   The Committee believes that as many providers as possible should get qualified for the reimbursement.  Glen Fowler explained that entering into such contracts would require Tribal approval and he cautioned that such consent might not be given since it touches upon Tribal sovereignty issues.  The only clinic currently qualified is the Indian Health Services clinic in Fort Washakie.

 

Lead by Senator Johnson, there was a discussion concerning mental health care on the Reservation and the Chairmen asked that mental health services be placed on the agenda for a future meeting.

 

County / Tribal Relations 

The Committee heard the testimony of Chairman Ivan Posey, Councilmen Orville St.Clair, Scott Harnsberger, Fremont County Treasurer, and Bkeja Whiteman, Fremont County Commissioner.  Commissioner Whiteman identified some of the problems that exist working with the BIA.  She would like Fremont County to work with the Joint Business Council on various road issues.  Treasurer Harnsberger identified a need to work on timely payment for use of county facilities.  He said this is typically a federal issue and involves trying to get the federal government to make timely payments. He discussed payment of property taxes and exemptions.  Chairman Posey discussed transportation issues, license plate exemptions and the dispute as to the location of the Reservation boundary.  Chairman Posey reports that law enforcement cooperation is very strong between the Tribes and the county.  Orville St.Clair lead a discussion concerning the Tribes' ability to impose taxes to pay for their government.  He explained that the Tribes need to be able to more aggressively impose severance taxes, but that the State is infringing on that right.  He believes that the severance tax the State collects from Tribal lands is not being reinvested on the Reservation.  The Committee then engaged in a discussion concerning the State's allocation of severance taxes and the benefits the Reservation receives in its education funding.

 

Commissioner Whiteman cautioned the Committee about the uncertainties surrounding the Tribal services report/study.  She believes the request for information was not clearly defined.  Co-Chair Case stated that the Committee would be happy to place any notes of concern in a footnote in the report and invited all interested parties to review the report and note any concerns.

 

Water Update

Ed Wadda summarized the status of the $3.5 million irrigation improvement contract that is outstanding between the State and the Tribes.  Christopher "Kip" Crofts addressed the Committee and said that he has been instructed by the Governor to see if the issue can be resolved.  He has brought all the relevant parties together for a meeting after the Committee's meeting.  Mr. Crofts was optimistic that all issues can be resolved and the contract can go forward so that irrigation improvements can be made on the Reservation.

 

The Committee then discussed organizing a pilot project at Ray Lake.  Co-Chairman Case believes that the project could be aided by legislative action declaring an appropriate priority of water rights.  The Committee requested that LSO determine whether the law will allow the Legislature to assign the priority of water rights for this project.

 

DFS Update

The Committee then read a letter from the Director of the Department of Family Services, Tony Lewis, regarding an update on DFS's work on the Reservation.  The letter is included as Appendix 4.

 

Prevent Child Abuse Wyoming

Charlene Smith, Prevent Child Abuse Wyoming, provided an update to the Committee on Prevent Child Abuse Wyoming's progress and activities on the Reservation.  She reported that they are experiencing success in their programs and are receiving no state funding.

 

Tribal Lands Right of Way Summit

Commissioner Mary Byrnes, Wyoming Public Service Commission, addressed the Committee. She has been working with Delbert McOmie, Wy.DOT Chief Engineer and others to organize a Tribal lands right-of-way summit.  All parties which work on the Reservation and obtain rights-of-way are encouraged to attend.  The meeting is tentatively scheduled for November 5^th or 6^th .  The meeting will also be held to discuss various business opportunities which exist on the Reservation.  Qwest and SourceGas are involved in the organization of the meeting.  Ms. Byrnes will contact the Committee and give the Committee further details.  The Committee discussed the issue and decided to hold its next meeting in conjunction with the summit.

 

Intertribal Center at CWC Update

Jo Anne McFarland, President of Central Wyoming College, addressed the Committee and updated the members on the progress of the Intertribal Center.  She reported that, although the project cost more than initially projected, they will not be asking the Legislature for additional funding during this session.  Ms. McFarland covered the points contained in her Power Point presentation, a copy of which is included as Appendix 5.

 

Tribal Services Study Update

Alex Keen, LSO Research Assistant, explained the revisions he has made to the Tribal services study report.  A copy of the revised report is included as Appendix 6.  The decision was made to make the revisions suggested at this meeting and then circulate the report to the agencies who provided information.  However, before distributing the draft report, the report should be delivered to the Chairmen for their approval and then distributed to the Committee members for their input.

 

Meeting Adjournment

There being no further business, Co-Chairman Case adjourned the meeting at 12:52 p.m.

 

 

 

Respectfully submitted,

 

 

 

 

 

                                                                                                                                                 

Senator Cale Case, Co-Chair                                        Representative Del McOmie, Co-Chair

 

 

 

 

 

 

 

 

 

 

Appendix		Appendix Topic		Appendix Description		Appendix Provider
1		Committee Sign-In Sheet		Lists meeting attendees		Legislative Service Office
2		Committee Meeting Agenda		Provides an outline of the topics the Committee planned to address at meeting		Legislative Service Office
3		August 27, 2008, Tribal Education Summit Minutes		Minutes from the Tribal Education Summit		Legislative Service Office
4		DFS Update		Tony Lewis Letter		DFS
5		Intertribal Center Update		Jo Anne McFarland Power Point presentation		CWC / Jo Anne McFarland
6		Tribal Services Study/Report		Draft Report		LSO