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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (Dec. 29, 2010)
i r Spilygy Tymoo, Warm Springs, Oregon December Page 9 2010 Resolutions of Tribal Council (T/e following are resolutions o f the Twenty-Fifth Tribal Council o f the Confederated Tribes o f Warm Springs.) PGE power line Whereas the Tribe has exclu sive use of the Warm Springs Res ervation (“Reservation”) which was established by the Treaty of June 25,1855 between the Tribes and Bands o f Middle Oregon and . the United States and is located in North Central Oregon comprised o f approximately 640,000 acres; and Whereas PGE is Oregon’s larg est electric utility and has identified a need to increase electrical trans mission capacity to maintain a reli able flow o f electricity to its cus tomers, enable more renewable power generation to connect to the electric grid, and to meet Oregon’s overall energy needs; and Whereas PGE is proposing to permit, construct and operate a new cross-Cascades 200 mile-long, double circuit 500 kilovolt (“kV”) electrical transmission line, new substations and upgrades to ex isting substations (“Project”); and Whereas the Project is subject to the State o f Oregon’s Energy Facility Siting Council (“EFSC”) approval and the National Envi ronmental Policy Act (“NEPA”) process approval led by the U.S. Forest Service (“USFS”); and Whereas PGE has identified a Proposed Study Corridor that fol lo w s th e B o n n e v ille P o w er Adm inistration’s (“BPA”) South Corridor electrical transm ission route, and there may be one or more alternative options (“Alter nate Study Corridors”) across a portion of the Reservation (col lectively “On-Reservation Study Corridors”) which would require Tribal approval and Department o f Interior Bureau o f Indian Af fairs realty approval; and Whereas PGE desires to con clude all permitting, easement ne gotiations/land acquisition, fi nancing and other activities neces sary to enable a construction start date o f the Project in the Spring of 2013 for a commercial opera tion date o f Spring 2015; and W h ereas, th ro u g h T rib a l Council Resolution 11,143, the Tribal Council has designated a Tribal Negotiating team to under take substantive evaluations and negotiations regarding the Project; and Whereas the Tribal N egotiat ing Team and the PGE negotiat ing team have developed a nearly final Memorandum of Agreement (“MOA”), attached as Exhibit “A”, to embark on a more formal pro cess to consider and address issues relating to an on-Reservation route for the Project, including, but not limited to the following: (1) a trans mission route location, if any; (2) location of substations, regenera tion stations, and access roads, if any (3) environmental and resource impacts, on and outside the Res ervation, of the proposed on-Res- ervation routes; (4) compensation and other terms and conditions for approval o f long-term right-of- way grants; and (5) Tribal and fed eral environmental review, permit ting and approval requirements and timeline; and Whereas PGE has agreed to de fray the Tribe’s costs in evaluating the Project and such amount and descriptions of activities are under development; and Whereas it is desirable to enter into the attached MOA to facili tated negotiations which w ill en able the Tribal N egotiating Team to m ake a recom m endation to Tribal Council regarding whether to approve and consent to the sit ing, building and operation o f new transmission facilities on the Res ervation. Be it resolved by the Twenty- Fifth Tribal Council o f the Con federated Tribes« o f the W arm Springs Reservation o f Oregon, pursuant to Article V, Sections 1 (c), (f) and (1), o f the Tribal Constitu tion and By-Laws, that the Tribal C o u n cil h ereb y ap p ro ves the Memorandum o f Agreement, at tached as Exhibit “A” and autho rizes the Secretary-Treasurer to fi nalize attachments to the same and costs associated with the same; Be it further resolved by the Tribal Council that it authorizes the Secretary-Treasurer to execute Ex hibit “A” in its final form and to report to Tribal Council on sub stantive and procedural progress. (R esolution no. 11,300.) CRITFC law enforcement W hereas the C onfederated Tribes of the Warm Springs Reser vation of Oregon (Tribe) is a feder ally recognized Tribe pursuant to the Treaty of 1855, and; Whereas the Tribal Council is the governing body of the Tribe, and; Whereas the Columbia River Inter-Tribal Fish Commission was formed by the Warm Springs, Nez Perce, Umatilla, and Yakama tribes to provide a joint effort to protect, promote, and enhance the Indian treaty fishery on the Columbia River, and; Whereas, pursuant to the In dian Law Enforcement Reform Act, 25 U.S.C. § 2801, et. Seq., the Secre tary o f the Interior, acting through the Bureau o f Indian Affairs (BIA), is responsible for providing, or as sisting in providing law enforce ment in Indian Country, and; Whereas the Secretary has del egated this authority to the Assis tant Secretary — Indian Affairs and the Assistant Secretary - Indian Af fairs has re-delegated this authority to the Director of BIA, who has re-delegated it to the Deputy Bu reau Director, Law Enforcement Services, BIA, and the Deputy Di rector has re-delegated it to the Spe cial Agents in Charge, and; Whereas on February 10,2004, the Assistant Secretary — Indian Af fairs articulated policy guidance to the BIA — as published at 69 Fed. Reg. 6,321 - to govern the imple mentation of Special Law Enforce m ent C om m ission D eputation Agreement, and; Whereas this policy expressly lays out issues regarding good faith efforts on behalf o f all parties in volved in the afo rem entioned agreements, including as they relate to liability, and; Whereas Public Law 93-638, as amended, provides that a tribal or ganization such as the Columbia River Inter-Tribal Fish Commis sion may enter into an agreement u n d er P u b lic L aw 9 3 -6 3 8 , as amended, to perform services ben efiting more than one tribe so long as it has the approval o f each such tribe, and; W hereas the C onfederated Tribes of Warm Springs believes that it is in the best interests of the Tribe and its members to autho rize CRITFC to enter into a Public Law 93-638 agreement on behalf o f the C onfederated Tribes o f Warm Springs and the other three tribes named in Public Law 1 GO- 581 to assume law enforcement re sponsibilities and associated fund ing for law enforcement in the area o f the Columbia River, including law enforcement responsibilities for the sites named in Public Law 100-581 and Public Law 79-14, which have been judicially deter mined to be Indian Country, now therefore; Be it resolved by Twenty-Fifth Tribal Council of the Confederated Tribes of the Warm Springs Reser vation o f Oregon, pursuant to A r ticle V, Section 1 (a), (d) and (1) of the Tribal Constitution and By- Laws, that the Tribal Council ap proves the BIA, Office of Law En forcement Services and Security (OLES) and the Columbia River Inter-Tribal Fish Commission to enter into this Deputation Agree ment to govern the issuance of Spe cial Law Enforcement Commis sions, and; Be it further resolved that the C onfederated Tribes o f W arm Springs approves of and consents to the proposed Intergovernmen tal Agreement attached as Exhibit: “A”; provided that, and with the intent that nothing in the Inter governmental Agreement autho rizes a waiver of the Tribe’s sover eign immunity; and Be it further resolved that the Tribe does authorize the CRITFC to negotiate, enter and execute a Titled self-determination contract and funding agreement with the BI A under Public Law 93-638, as amended, on behalf of the Con federated Tribes o f Warm Springs and the other three tribes named in Public Law 100-581 to assume law enforcement responsibilities and associated funding for law en forcement in the area o f the Co lum bia River, including law en forcement responsibilities for the sites named in Public Law 100-581 and Public Law 79-14. (Resolution no. 11,305.) Bull trout Whereas the C onfederated Tribes of the Warm Springs Reser v atio n th ro u gh the T reaty o f Middle Oregon reserved the “ex clusive right o f taking fish in the streams running through and bor dering said Reservation”; and, Whereas, pursuant to Article V, Section 1(1) of the Constitution, the Tribal Council has the right and the duty to preserve natural re sources; and, Whereas the United States Fish and Wildlife Service and the Or egon D epartm ent o f Fish and W ildlife have proposed that thirty adult bull trout and thirty sub adult bull trout be recruited from Lake Billy Chinook; and Whereas the Metolius / Lake Billy Chinook bull trout popula tion is the strongest population in the contiguous forty eight states; and, Whereas the use o f these fish would lead to the réintroduction and a new p o p u latio n in the Clackamas River Basin; and, Whereas the C onfederated Tribes o f Warm Springs have re se rv e d tre a ty rig h ts in the Clackamas River Basin; and, Whereas the C onfederated Tribes o f W arm Springs tribal members regularly exercise their treaty rights; and, Whereas these bull trout popu lations are proposed for the recov ery process o f a listed species; and, Whereas the Branch of Natu ral Resources fisheries department is working in cooperation with the United States Fish and W ildlife Service and Oregon Department o f Fish and Wildlife as a co-man ager to increase the number of po pulations o f bull trout that would meet the United States Fish and Wildlife Service recovery plans leading towards delisting; and, Whereas, as these new popula tions become established, would provide harvest opportunities for future generations Be it resolved that the Twenty- Fifth Tribal Council of the Con federated Tribes o f the W arm Springs Reservation of Oregon, pursuant to Article V, Section 1 (a) and (1) o f the Constitution, that the Tribal Council hereby supports Alcoholics nonymous Warm Springs Community Counseling Wednesday - 12-Noon & 7:00 p.m. Saturday -10 a.m. and endorses the transfer o f thirty adult bull trout from Lake Billy Chinook to the Clackamas River Basin. Be it further resolved that the Tribal Council directs the Branch of Natural Resources to oversee this transfer in order to ensure that the public welfare and resources of the Confederated Tribes o f the Warm Springs are preserved. (Reso lution no. 11,306.) ' Rock extraction site restoration Whereas the Tribal Council, th ro u g h R e so lu tio n #9511 adopted on March 25th, 1998, di rected the BIA Superintendent to issue a single Master Mineral Re source Permit to CTWS Crushing (now known as W arm Springs Construction Enterprise (WSCE)); and, Whereas a comprehensive res toration plan needs to be devel oped for all of the permitted active and closed extraction sites; and Whereas this comprehensive restoration plan will require the ad ministration, monitoring, mitiga tion and maintenance o f each of the extraction sites; and Whereas the Tribes recognize that rock aggregate material pro cessed, used or taken from the Res ervation has monetary value; and, Whereas WSCE has been re sponsible for m onitoring rock material taken from active Tribal ex traction sites and collected Resto ration and Royalty Fees that are deposited to special accounts set up by the Tribes; and Whereas there is a need to de fine the purpose of the fees col lected for Restoration so that these active extraction sites can be man aged and maintained in compliance with Tribal Ordinances, and Whereas the BIA, as trustee, has maintained protection of the reservation rock resources by main taining'a rock management plan including administrative oversight o f the Master Mineral Resource Permit issued to WSCE as the sole agent to the Tribes; and, Whereas the C onfederated Tribes of Warm Springs is respon sible for the proper use and con trol of all rock resources as steward of the lands on the Warm Springs Reservation; and Whereas R estoration funds have been collected over the years and there is an immediate need to use them to monitor and manage extraction sites, and develop resto ration plans; and Whereas complete restoration of extraction sites may take more funds than are collected in any one year; now therefore Be it resolved by the Twenty- Fifth Tribal Council o f the Con federated Tribes o f the W arm Springs Reservation of Oregon, pursuant to Article V Section 1 (a), (f), (k) and (1) of the Tribal Consti tution and By-Laws as amended, that the Tribal Council hereby adopts the Royalty and Restoration Fee Schedule attached as Exhibit “A” with the following conditions or stipulations: 1. that the WSCE w ill collect Royalty and Restoration fees; track extracted materials; market materi als for both on-reservation and off-reservation use; and maintain extraction sites before, during, and after material extraction, and 2. that all Fees collected for the Restoration of Tribal extraction sites will be placed into a special account to be m anaged by the Branch of Natural Resources; and 3. the Secretary-Treasurer/CEO to work closely with the General Manager of the Branch of Natural Resources, the BIA Realty Office and the Manager o f WSCE to re view the Fee Schedule and estab lish appropriate changes as needed; and 4. the Branch of Natural Re sources to develop comprehensive management, monitoring and res toration plans for each o f the ac tive extraction sites on the Reser vation; and 5. restoration plans w ill be de veloped under the Integrated Re source Management Plan (Ordi nance 74) w hich w ill require a Project Assessment to address en vironmental and cultural resource issues before any restoration of the extraction site is undertaken; and, 6. existing restoration funds are im m ed iately av ailab le for the Branch of Natural Resources to monitor, manage, and implement these plans; and 7. the funds in the restoration account will be carried forward each year until needed; and 8. a minimum o f 20% o f the fees paid annually into this account will be retained for necessary resto ration of the land upon final clo sure of these sites; and 9. certain tribal projects already planned and budgeted according to the existing fee schedule will pro ceed according to the old fee rates; and 10 . existing construction con tract projects on the 2010-2013 Tribal Transportation Im prove ment Program, and existing Tribal B ranch erf N atu ral R eso urces projects are exempt from the new fee schedule until January 2013. (Resolution no. 11,314.) Fiber optic Whereas the C onfederated Tribes of the Warm Springs Reser vation o f Oregon (the “Tribe”) and Wasco Electric Cooperative Inc. (“Wasco Electric”), have nego tiated a “Pole Attachment License Agreement” (“Agreement”), Ex hibit “A”, which allows the Tribe to attach to Wasco Electric’s utility poles located on the Warm Springs Reservation (“Reservation”) fiber optic cable and other telecommu nications equipment as specifically provided for in the attached Agree ment; and, Whereas the use o f Wasco Electric’s utility poles on the Reser vation for purposes o f carrying tribal fiber optic cable and other equipment would greatly assist the Tribe in fulfilling its goal of bring ing high speed broadband internet access to tribal members through out the Reservation; and, Whereas the Tribal Council believes that the Tribes/Wasco Elec tric Agreement is in the best inter est of the Tribe and its members because it will facilitate the availabil ity o f h igh sp eed b ro ad b an d internet access for tribal members throughout the Reservation; and, Whereas the Section 27 o f the A greem en t contains a lim ited waiver o f tribal sovereign im m u nity to permit judicial enforcement o f the Agreement, which must be approved by the Tribal Council by reso lu tio n p u rsu an t to W arm S p rin gs T rib al C ode, Sectio n 30.004; now, therefore, Be it resolved by the Twenty- Fifth Tribal Council o f the Con federated Tribes o f the W arm Springs Reservation o f Oregon, pursuant to Article V, Section 1 (f), (1), and (u), of the Tribal Consti tution and By-Laws, and Section 30.004 of the Warm Springs Tribal C ode, th at the T ribal C ouncil hereby approves the limited waiver o f sovereign immunity as set out in Section 27 o f the Tribes/Wasco Electric Agreement, attached as Exhibit A to this Resolution; and, Be it further resolved that the Tribal Council approves the Agree ment in its entirety as in the best interest of the Tribe and its mem bers; and, Be it further resolved that the Tribal Council Chairman, or his designee, is hereby authorized to execute the Agreement, attached hereto as Exhibit A, on behalf of the Tribe. (Resolution no. 11,320.) FENDERS by ENDRES Fast, Courteous 24-Hour Service. Accident Recovery. Roll Back, fo r damage-free Towing Statewide coverage Insurance approved. 475-6491 office, or 480-9685 j