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.