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Native American Legislative Liaison Committee

MINUTES OF THE

NATIVE AMERICAN LEGISLATIVE LIAISON COMMITTEE

Thursday, July 17, 1997 - 8:30 a.m. - Room 405 State Capitol


Members Present:
    Sen. Alarik Myrin, Cochair
    Rep. M. Keele Johnson, Cochair
    Sen. R. Mont Evans
    Sen. Millie M. Peterson
    Rep. Eli H. Anderson
    Rep. Judy Ann Buffmire
    Rep. Beverly A. Evans
    Rep. James R. Gowans
    Rep. Jordan Tanner
    Rep. John L. Valentine

Members Absent:
    Sen. Pete Suazo

Staff Present:
    John Q. Cannon, III,
        Research Analyst
    Patricia Owen,
        Associate General Counsel
    Junie G. Anderson,
        Committee Secretary


Note:    A list of others present and a copy of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.

1.    Call to Order - Chair Myrin called the meeting to order at 8:43 a.m.

2.    Committee Business - Chair Myrin introduced the new members of the committee. It was suggested that the committee meet in the Uintah Basin on September 19.

    Sen. Evans suggested that, at a future meeting, preserving a portion of land owned by the prison might be discussed.

    MOTION: Sen. Peterson moved to approve the minutes of the November 19, 1996 meeting. The motion passed unanimously with Sen. Evans and Rep. Valentine absent for the vote.

3.    Update on Native American Issues - John Cannon gave an update on Native American issues. He explained the bills passed during the 1997 general session relating to Indian affairs. The bills were sent to committee members prior to the meeting and copies were distributed at the meeting.

    Mr. Cannon distributed and briefly discussed handouts titled, " Specifications for Feasibility Study on Centralizing Urban Programs for Native Americans," and "Native American Religious Program." He also passed out several news articles dealing with various Native American issues.

    Patricia Owen briefed the committee on ongoing litigation and distributed a handout titled, "Native American Litigation Key Cases in 1996-97." The cases Ms. Owen discussed included "Ute Indian Tribe v. State," "Pelt v. State," and "Meyer v. Board of Education."

4.    State Native American Coordinating Board - Wil Numkena, Chair, State Native American Coordinating Board, brought the committee up to date on the actions of the State Native American Coordinating Board. He distributed a memorandum titled, "Role of Board."

He spoke about concerns in the areas of education, social programs, and economic development. He said that the board is planning a summit meeting sometime in the fall with the primary focus of the meeting being on economic development.

    Walter Aten, Navajo Nation Council, Oljato Chapter, provided comments on economic development of the Navajo Nation, particularly in the area of tourist attractions that would bring revenue to the Navajo Nation. He noted obstacles to economic development, particularly the lack of infrastructure.

5.    Taxation Issues - Val Oveson, Chair, Utah State Tax Commission, said that most issues pertaining to Indian land are either constrained with federal law or federal lawsuits that have already been decided.

    Brian Tarbet, Division Chief, Tax and Revenue Division, Attorney General's Office, said that the basic tax problem is the collision of three sovereigns: the federal government, the state government, and the Indian government. He discussed a number of state taxes and their applicability to tribal members. For example, he said that in order for a Native American to be exempt from individual state income tax, three criteria must be met. The person must: (1) be an enrolled member of the tribe; (2) earn income on the reservation; and (3) live on the reservation. He noted that it has often been more successful to negotiate the disposition of tax revenue rather than the tax itself, citing the severance tax as an example.

    Chair Johnson said that perhaps the committee should look at ways to eliminate barriers to economic development on Native American land through the taxation system.

6.    Utah Navajo Trust Fund - Mr. Cannon gave a brief background on the Utah Navajo Trust Fund.

    Kim Thorne, Director, Division of Finance, distributed a handout titled, "Utah Navajo Trust Fund." She provided some history of past trust fund budgets and discussed the budgets for Fiscal Years 1997 and 1998. She also provided a balance sheet of the trust fund.

    John Harja, Governor's Office of Planning and Budget, provided brief comments regarding the budget and investments of the fund.

7.    Birth Certificates for Native Americans - Judy Edwards, Utah Department of Health,
spoke about out-of-hospital birth certificates. An instruction sheet for registration of delayed birth certificates was provided in the mailing packet prior to the meeting. Ms. Edwards said that she knows of no one being denied a birth certificate because of not being born in a hospital, and that any situation can be handled within existing requirements.

8.    Adjourn -

    MOTION: Sen. Peterson moved to adjourn the meeting at 10:23 a.m. The motion passed unanimously with Rep. Gowans and Rep. Tanner absent for the vote.

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