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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (Dec. 29, 2010)
r n Page 8 December 29, 2010 Spilyay Tymoo, Wgrm Springs, Oregon Resolutions of Tribal Council (The follow in g are resolutions o f the Twenty-Fifth Tribal C ouncil o f the Confederated Tribes o f Warm Springs.) Fiber optic cable Whereas the Confederated Tribes of the Warm Springs Res e rv atio n o f O regon (the “Tribe”) and Wasco Electric Co operative Inc. (“Wasco Elec tric”), have negotiated a “Pole Attachment License Agreement” (“Agreement”), attached as Ex hibit “A”, which allows the Tribe to attach to Wasco Electric’s util ity poles located on the Warm Springs Reservation (“Reserva tion”) fiber optic cable and other telecommunications equipment as specifically provided for in the attached Agreement; and, Whereas the use of Wasco Electric’s utility poles on the Res ervation for purposes of carry ing tribal fiber optic cable and other equipment would greatly assist the Tribe in fulfilling its goal o f bringing high speed broadband internet access to tribal members throughout the Reservation; and, Whereas the Tribal Council believes that the Tribes/Wasco Electric Agreement is in the best interest o f the Tribe and its members because it will facili tate the availability of high speed broadband internet access for tribal members throughout the Reservation; and, Whereas the Section 27 of the Agreement contains a lim ited waiver o f tribal sovereign immunity to permit judicial en forcement o f the Agreement, which must be approved by the Tribal Council by resolution pursuant to Warm Springs Tribal Code, Section 30.004; now, therefore, Be it re so lv e d by the Twenty-Fifth Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon, pursuant to Article V, Section 1 (f), (1), and (u), o f the Tribal C onstitution and By- Laws, and Section 30.004 o f the Warm Springs Tribal Code, that the Tribal Council hereby approves the limited waiver of sovereign immunity as set out in Section 27 of the Tribes/ Wasco Electric Agreement, at tached as Exhibit A to this Reso lution; and, Be it further resolved that the Tribal Council approves the Agreement in its entirety as in the best interest of the Tribe and its members; and, Be it further resolved that the Tribal Council Chairman, or his designee, is hereby authorized to execute the Agreement, at tached hereto as Exhibit A, on behalf of the Tribe. (Resolution no. 11,320.) Tribal Teleco Whereas the Tribal Council (“Tribal Council”) of the Con federated Tribes of the Warm Springs Reservation of Oregon (“Tribe”) created Warm Springs Telecommunications Company (“Company”) by the approval o f A rticles o f Incorporation through the passage of Resolu tion No. 11,181 on January 29, 2010; and, Whereas the Company has been approved for a loan/grant combination from the U.S. De partment of Agriculture Rural Utilities Service (“RUS”) in the grant am ount o f $2,722,960 and a lo an am o u n t o f $2,722,960, to expand and im prove telephone service on the W arm Springs R eservatio n, which requires execution of ex tensive documentation, includ ing the waiver of the sovereign immunity of Company and cre ation o f security agreem ents with the assets of the Company as security, creating financial obligations of only Company, and provided that the Tribe and other tribal assets are not obli gated; and, W h ereas C om pany has been approved for a technical assistance grant from the U.S. Department of Agriculture Ru ral Utilities Service (“RUS”) in the grant amount of $200,000 to provide technical assistance in starting up the Warm Springs Telecommunications Company on the Warm Springs Reserva tion, which requires execution of extensive documentation, in cluding the waiver of the sov ereign immunity of Company; and, W hereas such waivers o f sovereign immunity will be in cluded in the Interconnection Agreement between QWEST Corporation and Company and the Broadband Initiative Pro- gram / L o an / G ran t S ecu rity Agreement and the Broadband Initiative Program Technical A ssistance Grant Agreem ent between the Rural Utilities Ser vice and Company; and, Whereas pursuant to Warm Springs Tribal Code, Chapter 30, Waiver of Sovereign Immunity, Section 30.005, on August 28, 2010, Company transmitted cop ies of the proposed waiver to the Tribal Council, the Secretary- Treasurer/CEO of the Tribal Council, and the Agency Super intendent; and, W h ereas W arm Sp rin gs Tribal Code, Chapter 20, Sec tion 30.003(3) provides for the delegation of the power to en ter into waivers o f sovereign immunity to subordinate bodies of the Tribes by Resolution of the Tribal Council and the Tribal Council considers it appropriate to delegate to Com pany the power to enter into waivers of sovereign immunity for all docu ments necessary to effectuate the grant/loan transaction de scribed above, provided that the security for such transaction shall only be the assets of com pany and shall not include any other assets of the Tribes; now, therefore, Be it reso lv ed by the Twenty-Fifth Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon, pursuant to Article V, Section 1(f), (1), (o) and (s) of the Constitution and By-laws and W arm Springs T ribal Code, Chapter 30, Waiver o f Sover eign Im m unity, S ectio n 30.003(3), that the power and authority to waive sovereign immunity for any and all docu ments in connection with the loan/grant and Technical Assis tance Grant from RUS to Com pany is delegated to Company, provided that such obligation shall be only those o f Company and no other assets of the Tribes shall be obligated or included as security for such loan/grant. (Resolution no. 11,324.) Timber cut Whereas the Tribal Council is the governing body for the C onfederated Tribes o f the Warm Springs Reservation of Oregon; and, Whereas by Resolution No. 10238 d a ted D ecem b er 4, 2 00 2 the T rib a l C o u n c il adopted the revised Annual Al lo w ab le Cut (AAC) for the R eservatio n’s Forested A rea raising the AAC to 41.9 MMBF for the ten-year period 2002 - 2011; and Whereas by Resolution No. 10398 dated May 24, 2004 the Tribal Council approved the Tim ber A llocation and Sales Agreement between the Con federated Tribes of the Warm Springs Reservation of Oregon and Warm Springs Forest Prod ucts Industries, commonly re ferred to as the “Cutting Con tract” which stipulated that “har vest volumes shall not deviate from the designated volume in any one-year by more than ten percent or more than 2.5 per cent for any successive five-year period; and Whereas by Resolution No. 10748 the T rib al C o un cil adopted a newly revised AAC for the Reservation’s Forested Area raising the AAC to 43.161 MMBF for the five-year period 2007 -2011; and Whereas WSFPI is in the fourth year of the five-year pe riod and has requested permis sion to cut over the ten percent limit on the AAC in 2010 with the stipulation that any increase in the cut in 2010 would be sub tracted from volume logged in 2011 and that the overall cut for the five-year period will remain at or below the limits set by the Cutting Contract; and W h ereas W arm Sprin gs Tribal Forestry and Natural Re sources departm ents recom mend this proposal for the fol lowing reasons: • It w ill allo w W SFPI/ Vanport Inc. to maintain an ad equate inventory of wood to continue mill operations and pre vent shutdowns next spring due to low log supply; • It provides WSFPI the flex ibility to conduct logging opera tions during good weather and ground conditions to minimize the impact to the resource and allows WSFPI to maintain an adequate log inventory to insure continuous mill operations dur ing the anticipated spring break up when poor ground condi tions normally prevent logging operations; • Maintains steadier work for Tribal loggers and reduces the need to hire additional outside loggers; • Does not have a detrimen tal effect on the AAC since log ging will occur when the trees are dormant and the total vol ume planned to be logged by March 2011 w ill be approxi mately the same; • Will allow logging to con tinue, while there exist a favor able pulp market, on blocks pro ducing mosdy pulp material with a small volume of merchantable logs; W hereas rep resen tatives from Tribal Forestry and Natu ral Resources agree that this re quest should be beneficial from both a resource and economic standpoint to the Confederated Tribes of Warm Springs; now therefore, Be it re so lv e d by the Twenty-Fifth Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon, pursuant to Article V, Section 1(f) and (I), of the Con stitution and By-Laws, and that WSFPI be permitted to increase the volum e o f tim ber cut in 2010 with a corresponding sub sequent reduction in cut in 2011; and Be it further resolved the Tribal Council hereby directs and authorizes Tribal Forestry Department to monitor the har vest volume of timber for 2010 and 2011 to insure that the to tal volume harvest for the pe riod 2007-2011 complies with the limits of the Cutting Con tract. (Resolution no. 11,325.) W.S. Housing Authority Whereas the Tribal Council established the Warm Springs Housing Authority (“WSHA”) via Ordinance No. 60 on No vember 4, 1980, pursuant to its authority under the Tribal Con stitution to charter subordinate organizations for economic pur poses; and Whereas Ordinance No. 60 provides that the affairs of the WSHA shall be managed by a seven person Board of Com m issioners appointed by the Tribal Council; and Whereas on November 24, 2009, the 24th Tribal Council passed Resolution No. 11,144, which placed the WSHA under the temporary supervision of the Office of the Secretary-Trea surer/ CEO and temporarily re defined the role and authority of the Board of Commission ers to an advisory role to the Tribal Council; and, Whereas on September 13, 2010, the Tribal Council passed a motion by which it determined that Resolution No. 11,144 is no longer effective, and sent a let ter to Ken Bowring, Administra tor of HUD’s Northwest Office of Native American Programs, stating the same and clarifying that WSHA will continue to op erate pursuant to O rdinance No. 60 until such time as the Tribal Council expresses an of ficial intention to alter or dissolve the WSHA and amends Ordi nance No. 60 accordingly; now, therefore, Be it re so lv e d by the Twenty-Fifth Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon, pursuant to Article V, Section 1(a), (d), (f), (1), (o) and (s) of the Tribal Constitution and By-Laws, that the Tribal Coun cil hereby clarifies that the re strictions imposed on the WSHA and the Board of Commission ers via Resolution No. 11,144 are no longer effective as of Sep tember 13, 2010, the date upon which the Tribal Council passed a motion determining the same. Be it further resolved by the Tribal Council that Ordi nance 60, (WSTC 400.022 (1)) shall be amended to reduce the m em b ersh ip o f the W SH A Board of Commissioners from seven members to five mem bers. (Resolution no. 11,322.) Enterprise zone, ‘WSREZ’ Whereas the Confederated Tribes of the Warm Springs Res ervation of Oregon (“Tribe”) is a federally recognized Indian tribe as noted in the most recent listing of recognized tribes in the Federal Register, dated August 11, 2009, Volume 74, No. 153; and, Whereas the Warm Springs Tribal Council is the T ribe’s elected governmental body un der the Tribe’s Constitution and By-Laws; and, Whereas the economic de velopment goals of the Warm Springs Tribal Council are to cre ate jobs, generate tribal revenues, and diversify the Reservation economy; and, Whereas the 2009 Oregon Revised Statutes, 285C.300 to 285C.320 provide for an eligible tribe to designate a Reservation Enterprise Zone on trust land contained within the tribe’s res ervation; and, Whereas the Tribe is an “eli gib le trib e ” u nd er ORS 285C.306 (1) for creation of the Reservation Enterprise Zone on the Warm Springs Reservation; and, W hereas the R eservation Enterprise Zone authority in cludes programs that remove tax disincentives and provide tax incentives so that private busi nesses may thrive and generate econom ic op p o rtun ities on Tribal lands; and, Whereas Tribal Council de sires to sponsor a portion of the Warm Springs Reservation as a Reservation Enterprise Zone to encourage new business activity, job creation, higher income for local residents and greater diver sity of economic activity; and, Whereas the proposed Res ervation Enterprise Zone, de picted and described on Exhibit “A, has a total area o f 1.26 square miles, exclusively contains land held in trust for the benefit of the Tribe located within the b o u n d aries o f the W arm Sprin gs R eservatio n as d e scribed in the 1855 Treaty with the Tribes and Bands o f Middle Oregon; and, Whereas the Tribe is a sov ereign entity having regulatory power and authority over cer tain lands including, but not lim ited to, all trust lands and all lands within the Warm Springs Indian Reservation, and is designating this zone as a means of exercis ing such authority, and it is not the intent nor shall it be con strued to cause the sovereignty of the Tribe to be diminished by this designation of the Zone; and, W hereas this Reservation Enterprise Zone shall be named the Warm Springs Reservation Enterprise Zone or “WSREZ;” and, W h ereas the p ro p o sed WSREZ contains land that is designated for qualifying busi ness development and does not include area inside any other enterprise zone; now therefore, Be it re so lv e d by the Twenty-Fifth Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon, pursuant to Article V, Section 1 (a), (f), (g), and (1) of the Constitution and By-Laws, that the Tribal Council hereby designates the land depicted on Exhibit “A” an Oregon Reserva tion E nterprise Zone to be named the Warm Springs Res ervation E nterprise Zone or “WSREZ” and requests that the Oregon Economic and Commu nity Development Department review this request and ratify designation of the WSREZ un der ORS 285C.306(2); and, Be it further resolved by the Tribal Council, that the Sec retary-Treasurer/ CEO is autho rized to represent, including sig natory authority, the T ribal Council in matters of designat ing the WSREZ, and to make any substantive or technical changes to the designation ma terials, as necessary, after adop tion of this resolution; and, Be it further resolved that the Tribal Council appoints the CTWS Planning D epartm ent Manager to function as the Lo cal Z one M an ager for the WSREZ, and he/she shall make all necessary reports to the Tribal Council on an annual basis or as the Tribal Council requests as well as is authorized to repre sent the Tribe in the matters of designating the WSREZ, final izing Exhibits to this resolution, and otherwise seeing to it that the Economic and Community Development Department has information necessary for its de An attorney from Legal Aid Services of Oregon is available from 1 to 4 p.m. on the first Monday of the month at the Family terminations and the proper or dering of the Zone; and, Be it further resolved that the Tribal Council agrees that the Tribe will observe the require ments and provisions of ORS 285C.105 and otherwise fulfill its duties under ORS 285C.050 to 285C.250; and, Be it further resolved that the WSREZ includes only land lo cated w ith in the ex terio r b o u n d aries o f the W arm Springs Indian Reservation and does not include area inside any other enterprise zone; and, Be it further resolved the designation of the WSREZ does not grant or imply permission to develop lands within the Zone without complying with all ex isting zoning, regulatory and per mitting processes. (Resolution no. 11,326.) C elilo W hereas the flooding o f Celilo Falls caused by the con struction of The Dalles Dam was an enormous and historic tragedy for Warm Springs and the other Columbia River Treaty Tribes whose members lived and fished at Celilo; and, W hereas the flooding o f Celilo Falls was also a tragedy for the fishery resource and en vironm ent o f the C olum bia River and also for the people of the Pacific Northwest and the United States; and, Whereas the United States Government built the dam and destroyed Celilo Falls with no consultation with or genuine com pensation paid to Warm Springs and the other Columbia River Treaty Tribes whose trea ties were violated and whose cultural sites and resources were lost forever as a result of the flooding; and, Whereas Warm Springs and the other Columbia River Treaty Tribes have been approached by the C onfluence P roject and world famous sculptor, Maya Lin, to consult on the building of a memorial at Celilo Park to commemorate the destruction of the Falls; and Whereas Warm Springs has been advised that Ms. Linn rec ognizes the magnitude o f the loss suffered by Warm Springs and the other Columbia River Treaty Tribes due to the con struction of The Dalles Dam and hopes to design a memorial that will capture the loss and will make Celilo’s history known to people the w orld over; now, therefore, Be it re so lv e d by the Twenty-Fifth Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon, pursuant to Article V, Section 1 (1) and (u), o f the Tribal Constitution and By-Laws, that the Tribal Council wishes to express its appreciation and sup- p o rt to Ms. L in and the Confluence Project for under taking the effort to construct a fitting and appropriate memo rial commemorating the loss of Celilo Falls; and, Be it further resolved Tribal Council also wishes to express its support for the construction o f a separate memorial to be built at Celilo Park at a future date commemorating the Tribal fishermen and women who have lost their lives exercising their treaty fishing rights at Celilo and elsew here on the C olum bia River. (Resolution no. 11,327.) Resources Center in Warm Springs. Or call 385-6944 Monday through Thursday between 9 a.m. and 4 p.m. (at lunch from noon-1 p.m.)