Yakama Nation sues state over gas tax agreement
TOPPENISH, Wash. (AP) - The Yakama Nation has filed suit against the state of Washington for abandoning an agreement that allowed tribal gas station owners to buy bulk fuel largely free of state taxes for sale to tribal members.
Tribal members are exempt from state fuel taxes, but the state requires tribes to keep accounts of sales to people who aren't members of tribes. The state terminated the agreement Dec. 5, saying the Yakama Nation was not abiding by its audit requirements.
The tribe said in a news release that it filed suit Dec. 6 in Yakama Tribal Court.
Harry Smiskin, tribal council chairman, said the state had negotiated in bad faith. The Yakamas have stronger treaty rights than most other tribes in the state, he said, and the state shouldn't use a cookie-cutter approach to a fuel-tax agreement.
"They're the ones that pulled the plug on it, not us," he told the Yakima Herald-Republic for a story Thursday. "So it left us with no other alternative but to file in court."
The state's decision to scrap the agreement requires fuel distributors to assess the state tax of 37.5 cents per gallon on all fuel delivered to tribal stations on the reservation. The tribe's lawsuit attempts to block the state from assessing those taxes.
Washington Department of Licensing spokesman Brad Benfield said the state ended the agreement because mediation between the two sides failed after more than 180 days. But he said the state is delaying ordering distributors to collect the tax while the litigation is pending.
At issue is a federal consent decree between the tribe and state that allows tribal fuel station owners on the reservation to buy bulk fuel mostly free from state taxes to sell to tribal members, who are exempt from state fuel taxes. However, sales to nontribal members are subject to taxation.
The Yakama reservation is a checkerboard of tribal and nontribal land, and non-Indians outnumber tribal members in two reservation towns: Toppenish and Wapato.
Under the agreement, tribal station owners pay the state fuel tax on only 25 percent of bulk fuel delivered.
Both parties entered mediation after the state said the tribe failed to submit required audits of fuel sales from 2007 to present. State officials have previously estimated that the tribe owes some $11 million in fuel taxes.
Tribal members are exempt from state fuel taxes, but the state requires tribes to keep accounts of sales to people who aren't members of tribes. The state terminated the agreement Dec. 5, saying the Yakama Nation was not abiding by its audit requirements.
The tribe said in a news release that it filed suit Dec. 6 in Yakama Tribal Court.
Harry Smiskin, tribal council chairman, said the state had negotiated in bad faith. The Yakamas have stronger treaty rights than most other tribes in the state, he said, and the state shouldn't use a cookie-cutter approach to a fuel-tax agreement.
"They're the ones that pulled the plug on it, not us," he told the Yakima Herald-Republic for a story Thursday. "So it left us with no other alternative but to file in court."
The state's decision to scrap the agreement requires fuel distributors to assess the state tax of 37.5 cents per gallon on all fuel delivered to tribal stations on the reservation. The tribe's lawsuit attempts to block the state from assessing those taxes.
Washington Department of Licensing spokesman Brad Benfield said the state ended the agreement because mediation between the two sides failed after more than 180 days. But he said the state is delaying ordering distributors to collect the tax while the litigation is pending.
At issue is a federal consent decree between the tribe and state that allows tribal fuel station owners on the reservation to buy bulk fuel mostly free from state taxes to sell to tribal members, who are exempt from state fuel taxes. However, sales to nontribal members are subject to taxation.
The Yakama reservation is a checkerboard of tribal and nontribal land, and non-Indians outnumber tribal members in two reservation towns: Toppenish and Wapato.
Under the agreement, tribal station owners pay the state fuel tax on only 25 percent of bulk fuel delivered.
Both parties entered mediation after the state said the tribe failed to submit required audits of fuel sales from 2007 to present. State officials have previously estimated that the tribe owes some $11 million in fuel taxes.
Hasn't the state been here and done that ,in court,and lost ?Â
If they'd kept records, as agreed, they would still have their discount. So now it's the state government fault?
They take care of their gasoline privileges the same as they did their cigarette problems.
I always love stories like this, brings out all the cry babies, waaa, my neighbor has something I can't have. you really think back in the days Indians wanted to be forced into a system that had no future, and by design was not meant to last. But you know all indians are rich because of casinos. truth is not all tribes have casinos, but most of them have substandard housing and medical care that falls below the VA, VA health care don't open that can of worms.Â
 @Ride hard or go home many tribes may not have casinos. But each tribe is allocated a certain amount of slot machines.  The tribes without casinos put their machines in the other tribes casino.
Survival of the fittest. It has happened over & over again throughout history. The strong surpass the weak.  Who's to say they didn't wipe out a population prior to giving themselves the title "native american" ? I don't believe they were here first, not for a minute. The planet is millions of years old (unless you believe the bible thumpers), I find it impossible to believe no one was in the Americas before they were. I also believe sooner or later, we'll be wiped out as well & overtaken by new "native americans", and so on & so on & so on....
Thanks again Christine! Dont let the door hit you on the way out!
Make em pay taxes on fuel and earnings from the casino. Neither are traditional native American activities.
On one hand the tribes all want grants, loans, medical coverage, education and special programs from the goverment, but then when they have their own money they says hands off we are a soverign nation. They need to pick which one it is.
Time to stop handing the indians so many freebies. Â
I'm sure this will piss off someone, but I am really tired of paying for the sins of my fathers. I had nothing to do with all that crap that happened back then. Flame on......lol
The state got sick of being ripped off on gas taxes. Good. Revenue is short, and our roads suck. Time to squeeze them for what they owe.Â
Well if they were not keeping proper records as they are required to oh.. too darn bad... they will just have to depend on all those casino earnings they get a little more
I'm tired of them being entitled.
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Welcome to the 21st century. Â Get over your damn selves and either be PROUDLY American or GET THE HELL OUT!
Equal rights are equal rights. Â Women have them, African Americans rightfully got them and now it's time for Native Americans to take the word "Native" out of their title and become simply AMERICAN.
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Enough reservations, enough exemption from state and federal mandate and enough ENTITLEMENT!
 @TJM At what point does one become native ? I was born here,my parents were born here,my grandparents were born here. I am not a "naturalized citizen" I am a native of this AMERICAN  nation.
 @TJM Forget the part where we stole their land?
& who did they steal it from before that?
 @cyclops  @TJMÂ
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We conquered them fair and square.
 @TJM Wow.  I am speechless. That is the most ignorant statement I think I have ever heard.  Must suck to never have made it past third grade.
 @Common Sense How do you get food and water in your cave?
@cyclops Forget the part where we didn't steal their land? You didn't steal it, neither did I. Oh wait that was over a hundred years ago. They are no more native then I am.
 @cyclops  @Lets_Use_Some_SenseÂ
If they deserved to have the land, they could've protected and kept the land.
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Survival of the fittest and they failed kid.
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I'm not sore that some bully stole my bike when I was 9, thats the past. Â
 @Lets_Use_Some_Sense LOL  when the Chinese come over and move in and tell you where to live you will be the one whining then.
 @cyclops  @TJM Waaannnhhh  I'm sure the Romans conquered my family at some point. You don't see me demanding the Italians to provide me with stuff.  War sucks.  One bunch one, the other lost.  Get over it and move on.
 @TJM They have because they call themselves American Indians
"native" ROFL, who was here before them? The planet is millions of years old, so you know it was someone.Â
We must have some of the dumbest indians in the country. Why would they ever pay state gas and alcohol taxes? They could get an enormous amount of business if they would just follow federal law and tell the state to screw off. And now with the ripoff alcohol taxes on booze they could really make a killing.
 @Blindman Treat them like a Sovereign nation and tax everything going in and out across their borders. Now before people freak out and say "this land was theirs to begin with" bullpucky. Natives had little notion of land ownership but had been killing each other over territory for millennia.
If you want to find the "natives", you have to go back a few million years or so. I seriously doubt the self titled "native americans" were here first.
 @Shelly The earliest estimate of human habitation in North America is between 20,000-30,000 years ago. There is some evidence of earlier humans but it has not been confirmed through other independent sources.
"Tribal members are exempt from state fuel taxes, but the state requires tribes to keep accounts of sales to nontribal members. The state terminated the agreement Dec. 5, saying the Yakama Nation was not abiding by its audit requirements"
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is the reason.  If you have a Tulalip tribal card, your gas is discounted at all rez gas stations. Tribal members do not pay the tax. But the Tulalip stations can easily pull data for those of us not carrying the card. The issue is the Yakama do not want to follow the rules like the Tulalip do.Â
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After the Indian Removal, Trail of Tears, relocation to land that was not where they were from, give them the tax relief. Â
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First Nations people deserve much better than the U.S. government has given them.Â
 @Northend my question, who lived in the "Americas" before natives?
"Tribal members are exempt from state fuel taxes, but the state requires tribes to keep accounts of sales to nontribal members. The state terminated the agreement Dec. 5, saying the Yakama Nation was not abiding by its audit requirements."
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"Tribal Council Chairman Harry Smiskin says the state negotiated in bad faith."
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Negotiated in bad faith? Not quite how it looks. It would appear that the tribe failed to honor their agreement.
Infinite exceptions and special considerations for the rest of time as we know it. All for the sins of others many years ago. Much of which, if not all of the persons of this Nation never saw in their lifetime. Time to get with the times and participate in today's society. Just a thought.
 @d_2 We still benefit as a result of those sins and they still suffer as a result of them.Â
 @merline Okay, please provide explicit details of those benefits and where they are suffering? History is full of examples where man has conducted similar unjust actions and retribution has not been infinite. There comes a time to move forward for everyone. Why do I continue to pay for the actions of my forefathers? There has to be a time where everyone integrates as one. It is long overdue.
 @merline How so? Please tell me how the Natives benefit my life. They don't pay taxes for the benefits They get, and they still want to make up their own rules that cost the rest of the citizens of 'our country' more.
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Sufferage? How so? We don't give them enough already? They used to fish with dip nets. Now they get gill nets and motors for their boats (they used to have canoes and paddles). 2% of the population gets 50% of the fish, and leaves 90% to rot on the banks.
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We benefit and they suffer? Really?
It's unfair to discontinue their tax break. They need that money to pay for lawyers to sue the state.
They don't want to pay the taxes but they sure like driving on the roads the taxes pay for.
@mstipton Maybe WSDOT can put up tolling locations at the roads enter/exiting their land as an "option" for them to use the roads the rest of us pay taxes for. (sarcasm off)
 @V10  @mstipton I like that, especially since we're moving towards a "users tax". Why should they be exempt from paying for usage?
Don't wanna pay taxes? Fine. Drill yer own oil and refine it.
Seems like you folks are 'sovereign nations' when it suits ya. If not, it's 'do fer me'.
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If ya don't want to be US citizens, run yer own country by yerselves. Build yer own roads, grow yer own food, and educate yer kids on yer own. Leave the US out of it. Good luck.
You have to pay the same as everyone else now? Awww, so sad
((((Sigh.))))
surprised by all the hatred here. Guess it's only natural around here.
@donner I think it happens when the majority always gets overridden by special interest groups. Has a tendency to get old after a while.
 @donner Sucks being surrounded by idiots doesn't it!
 @donner If you have been here long you should know that KOMO commenters  are largely gun-toting rednecks.
 @donner Hate - so easily applied when there is a position that is the opposite of yours. Let's call it - throwing out the Hate card. Pathetic. How about providing some substance for your position instead of an empty statement?
 @d_2  @donner It's not hatred, it's fatigue over people having their damn hands out wanting free crap without contributing to the structure that gives them the free crap!!!!!!!!
@donner If you feel that way, perhaps its time to move out of State.
@donner Don't you have a party to go to.
 @mstipton  @donner I was going to say the same thing!!
 @donner Hatred? Please...where? Typical: an opposing opinion is considered hatred. "Guess it's only natural around here".