4
Opinion
Smoke Signals
Letter to the Editor:
Recently, some Tribal Council members have in
dicated that there is interest in the enrolled mem
bership to provide a "Christmas bonus" this year,
some say by gaming-generated revenue. If the tribe
is to use gaming money, however, there are some
very important facts that need to be recognized.
To begin with, if the Tribal "Council is to provide
any casino generated funds to its membership, it
will need to prepare a Tribal Allocation Plan, as
required through Public Law 100-472 known as
the Indian Gaming Regulatory Act (IGRA) of 1988,
for submission to the Bureau of Indian Affairs for
their final approval. (See excerpt in box below
from the BIA federal register.)
CONGRESS TAKES NOTICE. Spirit Moun
tain Casino and other Indian casinos in the U.S.
are earning an enormous amount of money. And
make no mistake, members of Congress are tak
ing careful notice of this phenomenon. In 1997,
the U.S. House of Representatives attempted to pass
legislation that would impose a 34 tax on Indian
gaming.
Also, the U.S. Senate sought to require gaming
tribes to waive their sovereign immunity in order
to receive federal funding for operation of tribal
programs. - The Senate Bill also required the BIA
to establish a "means testing" process, a sure way
to cut funds now going to tribes with gaming op
erations. Fortunately, both these measures were narrowly
defeated, but their sponsors have already vowed
to pursue them again when Congress reconvenes
in late January this year.
ECONOMIC EXPANSION. Some further ques
tions come to mind with respect to using funds from
gaming. ; For. instance, ! why shouldn't the Tribe
use gaming funds to expand to other forms of eco
nomic development? Some preliminary work is
required the Tribal Council would prepare a com
prehensive plan to determine what kinds of eco
nomic development would be feasible and practi
cal, and whether the development should be re
lated to tourism, industry, recreation or any other
segment of the economy.
Additionally, the plan needs to address the infra
structure availability of water, sewer, roads, and
land suitable for development. This type of eco
nomic planning is strongly encouraged by the
IGRA, and can't help but assist the tribe in its eco
nomic expansion. Since the casino has opened in
Grand Ronde, several people from outside the lo
cal area have established other businesses such as
a recreational vehicle park, and a second hand
shop. Many tribal members have stated they would
like to see employment opportunities in addition to
the casino.
TRIBAL ELDERS IN NEED. I have been ap
proached by various tribal Elders who live in older
houses, some of which are in disrepair, poorly in
sulated, needing a new roof, or other kinds of over
due maintenance. According to these individuals,
they have applied for assistance to get their homes
repaired to a livable condition, but due to income
restraints, were denied assistance. Yet, they can
not afford to make the necessary repairs on their
own.
I am aware of many tribal members who rent
dwellings. Anyone living in or near Grand Ronde
may have noticed that real estate prices have dra
matically increased since the Casino began opera
tions. Furthermore, it's a given that future prop
erty values will only increase. Shouldn't the tribe
establish some kind of a housing fund for our mem
bers so they can afford to purchase a place they
can call their own, or renovate their house regard
less of where it sits?
DON'T FORGET THE KIDS. Anyone wish
ing to advance their education surely must realize
the astronomical cost of college and university tu
ition. Shouldn't the Tribal Council put funds into
an interest bearing account self sustaining for
use by any tribal member no matter where he or
she lives, who wishes to go on to higher educa
tion? As a father, I often wonder how I can help
my kids to further their education.
Now and into the future, the job market will only
become increasingly competitive, making high
tech skills an absolute must. I doubt very much
that each and every tribal member parent has the
financial capabilities to send their kids on to col
lege. Other gaming tribes have established an edu
cation fund. Why can't this tribe do the same?
HEALTH CARE IMPORTANT TOO. Any
one who watches the television news will know that
Congress and the President are now wrangling
about whether or not to lower the Medicare eligi
bility age from 65 to 62. Republicans in Congress
however, have criticized this proposal, claiming
that everyone in Washington, D.C. are attempting
to balance the federal budget, and spending must
be curtailed. As time goes on, it becomes more
and more apparent that the federal government's
help in coverage of ever rising health care costs
seems helplessly remote. But, this tribe is in a po
sition to establish and maintain its own health fund.
Doesn't this make perfect sense, given the politi
cal climate in Washington, D.C?
The following statement is an excerpt from
the Federal Register, June 7, 1996, regard
ing per capita payments to tribal members
of gaming tribes. The Bureau of Indian Af
fairs successfully implemented the section
of the Indian Gaming Regulatory Act
(IGRA) establishing procedures tribes must
follow in order to do this.
Tribal Revenue Allocation Plans
Agency: Bureau of Indian Affairs
Action: Proposed rule
25CFR Part 290
The Indian Gaming Regulatory Act pro
vides that net gaming revenues from Class II
and Class III gaming may be distributed in
the form of per capita payments to members
of the Indian tribe provided the Indian tribe
has prepared a Tribal Revenue Allocation
Plan which is approved by the Secretary. On
December 19, 1992 the Assistant Secretary
Indian Affairs issued guidelines to govern
the review and approval of Tribal Revenue
Allocation Plans. As outlined in the IGRA,
the guidelines require that the Indian tribe
must dedicate a significant source of net gam
ing revenue for economic and governmental
purposes, that the interests of minors and other
legally incompetent persons entitled to re
ceive per capita payments must be protected
and preserved, and that per capita payments
are subject to federal income taxes. The As
sistant Secretary does not mandate the distri
bution of net gaming revenues to individual
tribal members. However, it is essential that
Indian tribes choosing to make per capita pay
ments comply with the requirements of the
IGRA.
As you may recall in an earlier issue of Smoke
Signals, there was an article about the Tribe fund
ing a helipad for Life Flight, to be built at the new
Health Clinic. Life Flight offers an annual insur
ance membership at a cost of $50 per household
that covers the initial cost of a medical emergency
flight. Of course, anyone in a life threatening situ
ation will be served by Life Flight, insured or not.
But, without insurance you may receive a bill at a
minimum of $5,000 or more. Why shouldn't the
tribe provide funding for such a program, no mat
ter where the tribal member lives? I know would
dread having to pay such a bill!
TRIBE STILL IN DEBT. There is yet one more
fact that needs to be considered. In order to build
Spirit Mountain Casino, the Tribe borrowed a to
tal of $20 million. At this date, the Tribe still owes
$13 million. Furthermore, construction is now in
progress to expand the Casino another 57,000
square feet. How much more debt will the Tribe
accrue now? Regardless of the amount, it surely
seems that our number one priority would be to
retire this debt.
I am writing this letter to hopefully get a response
from any tribal member who may be interested in
these issues which I raised. It is my feeling that we
need to look at ways to ensure a secure long term
future for the Tribe.... andsoon. I hope to hear
from you.
Mark Mercier
Tribal Council member
SMOKE SIGNALS
9615 Grand Ronde Road ,, (fStVft
Grand Ronde,' Or 97J47 ) jSy
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SUBMISSIONS FROM OUR READERS:
SMOKE SIGNALS, a publication of the Confeder
ated Tribes of the Grand Ronde Community of Or
egon, Is publised twice a month. We have established
an Editorial Policy to encourage input from readers
about stories printed in SMOKE SIGNALS, as well
as other tribal Issues. However, all letters must be
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the right to edit any letter for clarity and length, and
to refuse publication of any letter or any part of a
letter that may contain libelous statements or personal
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flect the opinions of SMOKE SIGNALS, tribal em
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FEBRUARY DEADLINES:
Thursday, February 5, 1998
Monday, February 16, 1998
Printed on recycled paper.