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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (July 13, 2011)
Resolutions of Tribal Council (The follo w in g are resolutions o f th e T w e n ty -F ifth T r ib a l C o u n c il o f th e C o n fe d e r a te d T ribes o f Warm Springs.) Fisheries Whereas the Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon, that the Treaty with The Tribes and Bands of Middle Oregon on June 25, 1855 re served to the C onfederated Tribes of the Warm Springs Reservation of Oregon off-res- ervation fishing rights at all Usual and Accustomed stations, W h ereas reso lu tio n No. 6231 establishing procedures for conducting all Warm Springs Tribal ceremonial fisheries was adopted by the Tribal Council on June 8, 1982; and, Whereas the Warm Springs Tribal Council has been advised by the Fish and Wildlife Com mittee and the Branch of Natu ral Resources that the 2011 Co lumbia River spring Chinook salmon run destined to pass above Bonneville Dam is pre dicted to be ap p ro xim ately 198,400 spring C hinook salmon; and Whereas the Fish and Wild life C om m ittee has reco m mended that the Confederated Tribes o f the Warm Springs Reservation o f Oregon share of the allowable spring Chinook salmon ceremonial harvest to be approximately 1,800 to 2,200 spring Chinook salmon taken in g illn e t fish eries for use in Longhouse ceremonies now; Be it resolved by the 25th Tribal Council of the Confed erated T ribes o f the W arm Springs Reservation of Oregon, that pursuant to Article V Sec tion 1 (a) (1) (u) of the Tribal Constitution and By-Laws, the 2011 ceremonial gillnet harvest will be limited to 1,800 to 2,200 spring Chinook salmon. (Resolu tion no. 11,404.) Bonneville fisheries Whereas the Treaty with the Tribes and Bands of Middle Oregon on June 25th, 1855 re served to the C onfederated Tribes of the Warm Springs Res ervation of Oregon off reser vation fishing rights at all usual and accustomed stations, includ ing the Columbia River west (downstream) of the present- day Bonneville Dam; and, Whereas the Tribal Council regulates treaty fishing for con servation and other purposes pursuant to the inherent sover eign authority reserved in the Treaty of June 25th, 1855, and pursuant to the Tribal Constitu tion and By-Laws and the Warm Springs Tribal code; and, Whereas the Confederated Tribes of the Warm Springs Res ervation of Oregon have estab lished Treaty fishing rights in the Columbia River and regulates tribal member fishing in the area; and, Whereas the Tribal Council has been advised of a Memo randum o f U n d erstan d in g (MOU) between the CTWSRO, the State of Oregon, and the State of Washington specifically addressing Tribal Fishing down stream of Bonneville Dam; and Whereas the Tribal Council recognizes the hardship placed on Tribal members with harvest restrictions, as adopted by Reso lutions in the past, but with con cern for the future of the fish ery resotrce understands the need; and so therefore, L am Be it resolved by the 25th Tribal Council of the Confed erated T ribes o f the W arm Springs Reservation of Oregon pursuant to Article V, Section 1 (1), (r), and (u) of the Tribal Con stitu tio n and B y-Law s, and Warm Springs Tribal Code Sec tion 340.310 (2), that the fol lowing restrictive regulations are adopted for tribal subsistence fishing in the Columbia River D ow nstream o f B onn eville Dam: 1. W arm Springs T ribal Members may harvest salmon and steelhead in the area de scribed below for subsistence purposes from April 6 to De cember 31, 2011. The fishery may be adjusted based on the first run update and subsequent updates. The spring manage ment period ends Wednesday, June 16. 2. The tribal subsistence fish ery sh all be open Satu rday through Tuesday. Fishing opens at 5:00 am and closes at 10:00 pm. 3. Saturday will be an Elder, Children and Handicapped Day. An elder is considered 55 years and older. Other people may assist elders, children and handi capped persons transport gear or fish but may not engage in fishing on this day. 4. If non-Indian fisheries occur (Thursday — Saturday) Indian fishing will switch to Sun day through Wednesday. Sun day will be the Elder, Children and Handicapped Day. 5. All fishing equipment and garbage must be removed daily before the gate is locked. Left over fishing equipment may be confiscated. 6. Fishers may use only one pole per person. This applies to ages 12 and older; those un der 12 may fish with an atten tive adult. 7. Fishing locations may not be held if the fisher is not present. 8. Any Warm Springs tribal m em bers fish in g below Bonneville Dam pursuant to this resolution shall carry an official tribal enrollment card and pro duce it upon request by state or tribal enforcement officers. Any person who produces a Warm Springs tribal enrollment card will not be required to produce a state fishing license. 9. Fishing from a scaffold is not allowed. CTWSRO does not relinquish aboriginal rights on ceded lands prior to the 1855 treaty to place scaffolds on ceded lands and at other Usual & Accustomed sites used since time immemorial. Co-manage- ment does not extend below Bonneville Dam. 10. Gear restrictions: Tribal fishing gear shall be restricted to bank subsistence gear, which is defin ed by the Ten-Y ear Agreement reached among the parties o f US vs. Oregon in 2008 as: Dipnet or bagnet, spear, gaff, club, fouling hook, hook and line or other methods as determined by the management entities. 11. The geographic scope of this fishery covers the banks of the Columbia River in the area bounded by a deadline marker on the Oregon bank (approxi mately four miles downstream from Bonneville Dam Power house No. 1) in a straight line through the w estern tip o f Pierce Island,, to a deadline marker on the Washington bank at Beacon Rock up the river to a po in t 600 feet below the Bonneville dam, but excluding the following four areas: (1) Between markers located 150 feet upstream and 450 feet downstream from the mouth of Tanner Creek out to the center of the Columbia River, during the period August 16 to Octo ber 15; (2) Inside the south naviga tion lock at the Bonneville Dam from a marker on the western most point of Robins Island to a marker on the Oregon main land shore; (3) From Bradford Island be low Bonneville Dam from the south shore between the dam and a line perpendicular to the ■ shoreline marker at west end of riprap and from north shore be tween fishway entrance and a line perpendicular to the shore line m arker 850 feet dow n stream; and, (4) From Robins Island be low B onneville Dam down stream to a line perpendicular to the shoreline m arker on mooring cell. (5) Fishing from boats or other floating device is not per mitted. 12. Retention of any sturgeon that may be caught incidentally while fishing for salmon or steel- head within the prescribed area shall be prohibited. Incidental catch of species other than stur geon may be retained. 13. The over-the-bank sale of salmon and/or steelhead har vested from w ithin the pre scribed area below Bonneville Dam shall only occur when ex pressly permitted by an in-sea- son tribal subsistence regulation adopted under the Columbia River Compact and Treaty Tribes in the same manner as for Zone 6 fisheries. It is unlawful to barter for, ac cept, purchase or sell fish har vested illegally or harvested in non-treaty recreational fisheries. 14. No sales are allowed on Corps of Engineers property at Bonneville Dam. Fish caught during open commercial periods may be sold off Corps property. 15. The CTWSRO Depart ment of Natural Resources or its delegate will be responsible for biological monitoring of the fishery. Fishers must allow in spection of their catch for bio logical monitoring. 16. Conduct of tribal fisher men shall be consistent with W arm Springs T ribal Code 340.310 which defines Off-Res ervation Fishing by Tribal Mem bers. 17. Pursuant to Warm Spring Tribal Code 340.310(13), the use of alcohol or drugs is pro hibited when exercising Treaty Rights. 18. P u rsu an t to W arm Springs Tribal Code 340.700, penalties shall be strictly en forced to ensure compliance* with rules and regulations. (Reso lution No. 11,405.) for a new license; and Whereas, as authorized by Resolution 10,938, the Tribe is a p arty to the “S ettlem en t Agreement For the Relicensing of the Carmen-Smith Hydro electric Project FERC Project No. 2242” (“Settlement Agree ment”), which was executed in October 2008; and W hereas the EWEB has identified the need to amend proposed License Article 24, “Im plem en tatio n on NFS Lands,” in Exhibit A o f the Settlement Agreement; and Whereas the amendment is necessary to eliminate a provi sion that is no longer needed due to modifications in an ap p licab le In tergo vern m en tal A greem ent (IGA) betw een EWEB and the Forest Service; and Whereas the Tribe believes that the amendment w ill not adversely impact its interests in settlement; now therefore, Be it resolved by the 25th Tribal Council of the Confed erated Tribes o f the Warm Springs Reservation of Oregon, pursuant to Article V, Sections (a) and (1), of the Constitution and By-Laws, that the Tribal Council hereby approves, and authorizes the Chairman of the Tribal Council to execute, the “Amendment to the 2008 Settle m ent A greem ent For the R elicensing o f the Carm en- Sm ith H ydroelectric Project FERC Project No. 2242,” ex hibit “A”. (Resolution no. 11,388.) Water Whereas the people of the Confederated Tribes of Warm Springs Reservation of Oregon hold ultimate sovereignty over them selves and the W arm Springs Indian reservation; and, Whereas the Confederated Tribes o f the Warm Springs Reservation considers the health and wellness of the Tribal mem bership a high priority; and, Whereas it is the duty of the Tribal Council to govern the reservation for the people’s ben efit; and, Whereas arsenic is found in the Simnasho Water system at levels above what is considered safe; and, Whereas drinking water with arsenic levels above the Safe Drinking Water Standard has the potential to create serious health effects such as increased cancer rates; and, Whereas the Tribal Council has explored the possibility of obtaining funds through the lo cal Housing Authority and other Tribal entities; and, Whereas the Tribal Council is working to combine funding sources to achieve the ultimate goal of construction of a new water system pipeline; and, Whereas the people have the Whereas Eugene Water and Electric Board (“EWEB”) owns need and have expressed the and operates the Carmen-Smith desire for a drinking water sup H yd ro electric P ro ject (the ply that is both adequate in quan “P ro ject”) lo cated on th e. tity and meets the standards set McKenzie River in Linn and by the Safe Drinking Water Act; Lane counties, Oregon pursuant and to a license from the Federal W h ereas the 25 th T ribal Energy Regulatory Commission Council recognizes and supports (“FERC”); and the people’s desire for improve W hereas the M cK enzie ment in the area described and River is a “usual and accus is com m itted to provide the tomed” fishing site as that term leadership required to accom is used in the Treaty with the plish this goal; now, therefore, Tribes o f Middle Oregon of Be it resolved by the 25th June 25, 1855, and is of great Tribal Council of the Confed cultural significance to the Tribes erated Tribes o f the W arm as the McKenzie River fishery Springs Reservation of Oregon, includes salmon, Pacific lamprey pursuant to the Constitution and and other native fish species; and By-laws, Article V, Section 1(a), Whereas EWEB’s initial li (d), (e)and (f), and the Corpo cense to operate the Project ex rate Charter, Section 5(f), that pired on December 1, 2008 and the Tribal Council hereby pro EWEB has filed an application claims its commitment to priori McKenzie dam tize the use of Tribal resources for the following purposes: 1. Elim inate the Environ m ental P ro tectio n A gency (EPA) Safe Drinking Water Act violation which could result in the Tribes being fined. 2. Seek funding through the Housing and Urban Develop ment (HUD) IHBG funding to assist with construction of the Simnasho-Schoolie Flat Com munity Water System. 3. Seek grant and/or loan funds through EPA, IHS, and other federal agencies to create a complete funding package for co n stru ctio n o f the new Simnasho-Schoolie Flat Com munity Water System source. 4. Establish a right-of-way along the proposed water pipe line from the well head to the existing Beaver Creek Well field; 5. Construct a domestic wa ter pipeline from the well source to the existing Beaver Creek well field and infrastructure to pro vide drinking water for the resi- dents o f Sim nasho-Schoolie Flat; 6. Test the new water source to ensure that it meets all Safe Drinking Water Standards set; and direct the entire tribal orga nization and enterprises to sup port this priority as it carries out its duties. Be it further resolved that the Secretary-Treasurer is autho rized to submit applications, negotiate and execute such con tract with Federal, State and/or local agencies. (Resolution no. 11,407.) development; now, therefore, Be it resolved by the 25th Tribal Council of the Confed erated T ribes o f the W arm Springs Reservation of Oregon, pursuant to Article V, Section 1(f), (1), (o) and (t) of the Con stitution and By-Laws that the amount of $2 million dollars is approved for funding o f the Warm Springs Economic Ca pacity Building by the Capac ity Team, as shown on the at tached Exhibit “A”, for the years 2011 through 2013 and, Be it further resolved that the Secretary-Treasurer/CEO is granted the authority to approve requests from the C apacity Building budget and the Capac ity Team, through the Secretary- Treasurer/ CEO, shall report to the Tribal Council on requests approved and other activities during q u arterly E conom ic Stewardship updates to Tribal Council. Be it further resolved that the Capacity Team through the Office of the Secretary-Trea surer/ CEO shall prepare a plan and schedule for Tribal Council review and concurrence, within six months of this date, on the leveraging of the initial $2 mil lion investment to execute a sus tained economic stewardship initiative for the 2011-2013 pe riod and beyond. (Resolution no. 11,409.) Capacity building Whereas the Confederated Tribes o f the Warm Springs R eservatio n of O regon (“Tribe”) is a federally recog nized Indian tribe; and, Whereas the Confederated Tribes of Warm Springs desires to enhance its economic devel opment and employment oppor tunities for its Tribal member ship; and, W hereas to address the R eserv atio n ’s econom y and employment, the Warm Springs T ribal C o un cil created the Warm Springs Enterprise Devel opm ent C o rp o ratio n , also known as Warm Springs Ven tures (“Ventures”); and, Whereas on March 1, 2002 the Tribes transferred Manage ment of the Plaza to Ventures through Resolution no. 10,369; and, Whereas the transfer was effectuated in order to provide property management services, on behalf o f the Tribes, for Tribal businesses and entrepre neurs to pursue and develop po tential businesses and employ ment opportunities; and, W h ereas T ribal C o un cil passed Resolution no. 11,380, to temporarily relocate the Casino to the land ad jacen t to the Warm Springs Plaza; and, Whereas the Temporary Ca sino will provide opportunities for Tribal small business and entrepreneurs with the increased exposure on Hwy 26; and, Whereas in order to make room for potential new Tribal sm all businesses Ventures is moving its office from the Plaza up to the old Apparel Factory; and, Whereas the Warm Springs Telecommunications Company is using $550,000 of BIP ARRA funding to remodel the Apparel Factory into the Telco’s Central Office space; and, Whereas Ventures’ is plan ning on upgrading the Apparel Factory’s roof, HVAC system, Septic and other required repairs to the building to make it us able; and, Whereas the Tribal Coun cil approved the Econom ic Stewardship Plan by motion on July 29, 2010, to provide guid ance for creating and expand ing efforts to increase Tribal rev enue, increasing the number of family wages jobs, developing a more robust private business sector, and improving/expand ing business infrastructure; and, W hereas the E conom ic Stewardship Plan'creates a Ca pacity Team with a focus on improving the economic vital ity of the Warm Springs Res ervation by increasing Tribal revenue, increasing the number of family wage jobs, increasing the private business sector and improving and expanding busi ness infrastructure; and, W hereas the C ap acity Team is comprised of govern ment and non-government en tities holding a shared invest ment in economic development and operating in partnership un der an Memorandum of Agree ment that fosters a shared mis sion among economic develop ment sectors including: Profit Sector (Enterprise D evelop ment Corporation, Tribal Busi ness Enterprises), Non-Profit Sector (Warm Springs Commu nity Action Team with a focus on private/sm all business), Government Sector (Job Cre ation and Development, Grant Development, and Planning/ Economic Development); and, Whereas a total of $10 mil lion economic investment was approved through a 2010 supplemental budget and the 2011 annual budget; and, Whereas the $10 million in vestment includes $2 million dedicated to capacity building, $2 million dedicated to Private Business Revolving Loan Fund (PBRLF) assisting private busi ness development, and $6 mil lion dedicated to Business In v estm en t R evo lvin g Fund (BIRF) dedicated to enterprise TeleCo offices (Continued on the next page.)