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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (Oct. 3, 2012)
Spilygy Tymoo, Wgi-m Springs, Oregon Page 9 October 3, 2012 New DNA policy in filiation Per capita tax idea draws criticism By Dave McMechan Spilyay Tymoo A new tribal policy re quires D N A testing for fili ation proceedings in Tribal Court. This new requirem ent to th e filiation process took effect August 21, by Tribal Council Resolution No. 11,651. The D N A test for pa ternity costs the petitioner $35 per child. The petition fee itself is $25 per child. The process applies to situ ations where the m other o f the child is n ot married. T h e p u rp o s e o f th e D N A -test requirement, as stated in the Council reso lution, is to “assure accu rate filiation decisions by the Tribal Court, to p ro tect the integrity o f the T ribal m em bership list, and to accurately reflect the in ten t o f the' Tribal Council.” As stated in the Filia tion Proceedings section o f the Tribal Code, 331.600: “T he Tribal Council b e lieves that filiation proceed ings are very im portant be cause all people have a right to know their true identity, parentage, and lineage, and that such knowledge is a sig nificant factor in the health, security and general welfare o f all people. “Further, filiation proceed ings are very im portant be cause the Tribal C ourt’s pa tern ity d eterm in atio n may serve as the basis for appli cation and enrollm ent as a m em ber o f the Confederated Tribes.” T he code also m entions th a t D N A te stin g is now widely available, highly accu rate, and minimally invasive. So th e new process re quires the filing o f the filia tion petition with the mother’s name, the father’s name, birth certificate, and a copy o f Voluntary Acknowledgment o f Paternity, if one exists. Additionally, the petition will Last yea r there , were about 60 filiation proceed ings filed with the Tribal Court. include: “ ... th e re su lts o f D N A testing, with a reli able ch ain o f custody, demonstrating that the al leged father is, in fact, the father o f the person whose background is to be deter mined. I f the alleged fa ther refuses to submit will ingly to D N A testing, the petition shall so state, and the results o f the D N A testin g n eed n o t be a t tached to the petition.” T he new requirem ent will affect a goo d n u m ber o f people. Last year, for instance, there w ere a b o u t 60 filiatio n p r o ceedings filed w ith th e Tribal C ourt. The grand opening of the Wiwnu Wash Cultural Center at Mt. Hood included a ' salmon bake. ATNI opposes measures 82 and 83 T h e A ffiliated Tribes o f N o rth w e st In d ian s u n a n i mously adopted a resolution opposing Oregon Ballot Mea sures 82 and 83. These measures would al low fo r d evelopm ent o f a private casino in the Portland area. T he A ffiliated Tribes o f N orthw est Indians (ATNI) represents tribal interests— including health, safety, wel fare, education and employ m ent— in the N orthw est re gion. The A T N I resolution re garding measures 82 and 83, which will be on the Nov. 6 ballot, states: “Each o f the nine feder ally recognized tribes in O r egon have established and operate a single casino pur suant to a Tribal—State G am ing Compact to provide em ployment- opportunities and re v e n u e to s u p p o rt th e ir Tribal Governmental opera tions.” Passage o f m easures 82 and 83 in November will “cre ate a dangerous precedent for Indian Gaming because there is the potential that other pri vate investors o r co rp o ra tions could develop other ca sinos in O regon.” Also: “The passage o f bal lot measures 82 and 83 would change the delicate balance o f gaming that the State o f Oregon and its nine sovereign tribal nation? have created to provide for their citizens.” And: “I f the ballot mea sures pass, the potential pro liferation o f private casinos in O re g o n co u ld also ad versely affect tribal casinos in W a sh in g to n , Id a h o an d N orthern California.” A nd in conclusion, “ATNI stands united against com mercial casino developm ent in Orqgon and directs its ex ecutive officers and its staff to encourage Oregonians to vote “no” on ballot measures 82 and 83,” W arm S p rin g s T rib a l Council Vice Chairman Ron Suppah testified on Sept. 15 before Congress, stating that the Internal Revenue Service does n ot have authority to tax p er capita distrib u tio n s o f revenue from tribal trust re sources. Councilman Suppah was one o f three tribal leaders from Indian Country to tes tify at the hearing. The Congressional hearing was in response to notices W arm S p rin g s a n d o th e r tribes received this past spring from the IRS Portland office, stating per capita payments to trib al m em bers “ from the tribe’s trust account holding timber revenue are subject to federal income tax.” Suppah and tribal leaders from the Yakama and Colville tribes testified at the hearing that IRS effo rt to tax tribal tru st p e r capita p aym ents would be a violation o f fed eral law. The IRS witness at the hearing, Christy Jacobs, head o f the IRS Indian Tribal G overnm ent office, appeared to signal a possible retreat by the IRS by testifying that the “legal reasoning” o f a recent IRS announcement— that per capita paym ents from tribal trust claims settlements were n ot taxable— “would appear to apply to per capita pay m ents from tribal trust ac counts.” The federal Per Capita Act o f 1983 and tribal treaties are supposed to prevent this type o f action, the tribal lead ers said, because per capita distributions o f funds held in trust by the Interior Secretary for tribal citizens are not to be considered income or re sources, so they th erefo re cannot be taxed. Even before 1983, it was longstanding federal practice n ot to tax such funds, accord ing to U.S. Rep. D oc Hastings, R-Washington, and chairman o f the U.S. H ouse N atural Resources Committee. W hile som e uncertainty remains, the D epartm ent o f the Treasury and the 1RS are serio u sly reth in k in g th e ir analysis and position on the Per Capita Act. T rib a l a tto rn e y H ow ie A rn e tt, w ith C o u n cilm an S u p p a h , re p re s e n te d th e tribes at the Sept. 15 hearing. Council policy Tribal Council is also working with ATNI and the NCAI in attempts to resolve other tax matters that in clude: general wel fa re assistance that tribes offer to their members; income eligibility fo r federal programs; tax exempt financing; pension plans and investment ac counts... In a related development in v o lv in g th e 1RS, T rib al C o u n c il m ean w h ile has adopted a policy governing the Confederated Tribes’ re lationship w ith the Internal Revenue Service to ensure close monitoring o f 1RS in quires and activities as a se ries o f tax matters are being addressed T h e C ouncil reso lu tio n “The Confederated Tribes of was needed, as Warm Springs Warm Springs formally m e and other tribes are in dis morializes its support for the agreement with the 1RS re voluntary disclosure o f infor garding the idea o f taxing per mation necessary to assist the IRS in enforcing the federal capita payments. The resolution, titled “In tax laws. “N othing in the Protocol, ternal Revenue Service P ro tocol,” governs all contact however, is to be construed betw een th e 1RS and th e as a waiver o f the tribes’ sov tribes, tribal officials, staff ereign immunity or its right to insist on due process as and employees, “T h e T ribal C ouncil in may be afforded formal dis tends th at all contact w ith closure mechanisms and pro th e 1RS shall be adm inis cedures.” T he Tribal Council is also tered form ally by the Sec retary-Treasurer o f the C on c o n tin u in g w o rk w ith the federated Tribes,” the reso A ffilia te d T rib e s of N o th w est Indians and the lution states. T h is w ill b e d o n e “ in N a tio n a l C o n g re s s o f such a m anner as to assure A m e ric a n I n d ia n s in a t th a t properly requested in tem pts to resolve other tax fo r m a tio n a n d access to • m atters that include: general records to w hich th e 1RS is welfare assistance that tribes e n title d is p ro v id e d e ffi offer to their m em bers; in ciently and effectively and com e eligibility for federal th at inform ation o f any type p ro g ram s; tax ex em p t fi provided to the 1RS is p er nancing; pension plans and tin en t and lim ited to the re investm ent accounts. (You can watch the Sept. 15 p e r quest m ade, and accurate in capita ta x hearing on the Internet all respects.” T his is best carried out at: with the S-T as the “single naturalresources.house.gov/ calendar/ point o f contact” between the eventsingle.aspxlEventID—3 07521 J tribes and the 1RS. — Dave McMechan The resolution continues, Bomb scare suspect with local ties released H arley A n d rew s, 30, w ho was arrested along with two other individuals Aug. 28 in Oklahoma City after police discovered an explosive device in their b asem en t, w as released from custody recently, a Warm Springs relative said. A ndrew s was charged with possession o f an ex p lo siv e device w hile in com m ission o f a felony, possession o f a controlled and dangerous substance, possession o f drug para phernalia and possession o f an offensive w eapon while committing a felony, authorities said. H is bail was set at $28,500. His arrest happened when O klahom a City police were searching for the suspect in a stabbing incident. The explosive device they discovered was a small vile with a fuse. Police also found “bom b making materials” which in cluded gunpowder and shrap nel reportedly used in wild b o a r h u n tin g . A u th o ritie s detonated the device at a spe cialized range. “I ’m going to be praying for my little brother, that this all g e ts w o rk e d o u t,” H arvianne Tohet-Tias said. “I ’ve been worried about him for a while now, asking where he has been. I was hoping he had moved away and was doing good things with his life.” “His mistakes are his le s so n s in life ,” said A ndrews’ aunt, Rochelle H o llid ay of W arm Springs. “It’s n ot for any one to judge. Has anyone offered help to a young man like this or any other young person?” “ [A ndrew s] is my cousin,” D anni Katchia- - H erkshan said recently. “H e has . children here on the [Warm Springs] Res ervation. So rather than judge him , pray for his children. A nd him.” Public Notice — Duran Bobb Public Notice Federal Emergency Management Agency - Draft Environmental Assessment - Seekseequa Telecommunications Tower Project, Warm Springs, Oregon The U.S. Department of Homeland Security’s Federal Emergency Management Agency (FEMA) proposes to provide funding to the Confederated Tribes of Warm Springs for a 140-foot telecommu nications tower in Seekseequa to improve commu nications for police, fire and medical response. Funding would be provided as authorized by the State Homeland Security Project Grant Program as authorized by the Homeland Security Act. A draft environmental assessment (EA) for the proposed project was prepared pursuant to the Na tional Environmental Policy Act (NEPA) of 1969 and FEMA’s implementing regulations found in 44 Code of Federal Regulations (CFR) Part 10. The EA evaluates alternatives for compliance with applicable environm ental laws, including Executive Orders #11990 (Protection of Wetlands), #11988 (Floodplain Management), and #12898 (Environmental Justice). The alternatives evaluated in the EA are the (1) no action; (2) proposed action, construction of a tele communications tower in Seekseequa. The draft EA is available for review at the Plan ning Department at 1233 Veterans St. A copy is also available at the Warm Springs Library located in the Family Resource Center, 1144 Warm Springs Street. More detailed information about the project is avail able by contacting: Lonny Macy at the Planning De partment, 541-553-3509. Written comments on the draft EA should be di rected no later than 5 p.m. on October 17, 2012 to Science Kilner, FEMA Region X, 130 228th Street SW, B o th e ll, W A 9 8021, or by e -m a il at Science.Kilner@ fem a.dhs.gov. Comments also can be faxed to 425-487-4613. If no significant is sues are identified during the comment period, FEMA will finalize the EA, issue a Finding of No Significant Impact (FONSI), and fund the project. Unless substantive comments are received, FEMA will not publish another notice for this project. How ever, should a FONSI be issued, it will be available for public viewing at https://www.fema.gov/environ- mental-historic-preservation-documents under Re gion X.
