Image provided by: The Confederated Tribes of Warm Springs; Warm Springs, OR
About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (Feb. 24, 1978)
PAGE 2 FEBRUARY 24, 1978 (Continued from Page 1) BPA And Tribes Agree On Right-Of-Way feet to accommodate a 500,000 volt double-circuit transmission line, to be known as the Slatt- Marion Line. The south corridor, or Mau pin-Detroit Line, is 28.9 miles long and uses 958.2 acres of reservation land. The Tribes may elect before January 1,1990 to have BPA Continue use of the transmission lines on a perma nent basis or remove the facili ties by 2010, returning the right- of-way to the Tribes. If the Tribes request that the south corridor be vacated, then BPA, depending on determined energy needs, may expand the north corridor by not more than 240 additional feet with added compensation for right-of-way and tim ber lost. If the Tribes choose to let the BPA remain in the south corridor permanently then the additional transmission facilities would be constructed there and right-of-way require ments in the north corridor would be reduced accordingly. By purchasing right-of-way through the reservation, the BPA is acquiring the right to remove tim ber and construct facilities. BPA would also have the right to build access roads, and maintain, repair and inspect facilities. This is only an easement. The Tribes would retain owner ship of the land and the right to occupy and use the land in any way that would not interfere with the power lines. An unusual agreement What makes the agreement between the Tribes and the BPA unusual is the method of acqui sition and the linanner or pay ment. Normally the BPA, an agency of the federal govern ment, would receive land by condemnation (or the right of eminent domain). The land- owner would be compensated at the fair m arket value of the land. The two existing corridors were acquired in this way. The Tribal Council approved the south corridor on May 1, 1950, for which the Tribes re ceived a flat $31,357.51. Eighteen years later, on April 8, 1968, the Tribal Council approved the north corridor, of which only 2.9 miles were on the reservation. (When the McQuinn Strip was returned, 12.9 miles of line fell within reservation boundaries). For the north corridor, the Tribes received $195,000. If the widening of this cor ridor had been accomplished on the same basis, the Tribes would have received only the appraised value of the land, or about $365,000. An offer similar to this was made by the BPA and rejected by the Council in 1976. The base figure of $4.5 mil lion arose from a theory applied by Tribal attorney Dennis Kar- nopp. Using the successful logic of the recent Round Butte Dam settlement, Karnopp suggested that the Tribes should receive half of the co st difference be tween the Slatt-Marion route and the next best alternative. It had been estimated by the BPA that going around the reserva tion or expanding the south cor ridor would cost $9 million more than widening the north corri dor. Half the saving of taking this northern route through the reservation, or $4.5 million, should go to the Tribes, main tained Karnopp. Hodel’s October 1977 pro posal reflected this figure. Staff assistant Babbey, who was a liaison between the Tribes and the BPA through their negoti ations, credited Hodel with the turn in events that made the Tribal request acceptable. Ho del, he said, preferred communi cation with the Tribes on a governmental basis rather than exercising simple condemna tion. As Hodel pointed out in his October letter to the Council, the proposed agreement would en courage the Tribes and BPA to plan together in the future. A note of urgency accom panied the BPA’s proposal since delay was causing costs to rise. According to Chairman Gene Greene, the Council felt some pressure too, in the knowledge that, with the upcoming change in administration, the BPA could at any time opt for an alternate route or condemnation with less or no m onetary benefit to the Tribes. But the Tribal Council delib erated until its January 11 reso lution. As Greene noted, “ The Tribal Council debated for many hours - it was not a snap decision.” The new BPA adm inistra tion under Sterling Munro ap parently shares Hodel’s cooper ative stance. Chairman Greene noted that the proposed agree ment with BPA is a “ carry over” from the precedent estab lished with the memo of under standing on fishery enhance ment signed by BPA and the Tribes last year. He is optimistic S p ily a y T ym oo ' ' V ' È: N ew s SPILYAY TYMOO STAFF Managing Editor ( • ( ' . Assistant Editor Photographic SpeciahstWriter Reporter/Photographer ; , secretary, I B ;À :v IB fi M ' \\ ' ' Trainees Priscilla Squteniphen . - ; \ \ ' 1 1 i I I |fj« 1 i 1976 .Sid MBter./ . Sandy Rangila Cynthia Stowe# i Donna Behrend Greg Smith Roger Stwyef 'Vj .(Published by-weekly by the Confederated Tribes of the Warm Springs Reservation of Oregon. Warm Springs, Oregon 97761. Any written material to the Spilyay Tymoo Should be addressed .to* . ■ 1 Warm Springi Phone 553-16« -. v t or Ext* Rate $6.96 ALTERNATE ROUTE A WAS PREFERRED BY BPA AND APPROVED BY COUNCIL about the Tribes and federal agencies working together. Impact oil the-environment According to BPA’s civil engineer and construction liai son Lewis Bohl, surveying for the Slatt-Marion Line Will begin as soon as the agreem ent is signed and weather allows. A tentative energization date of 1980 has been set. Bohl will work with the BIA to determine which trees will be cut. Some larger trees outside the right-of-way may need to be removed because of their poten tial danger to the power lines, said Bohl, Although no decision has been made, Bohl suggested the possibility that the removed trees may be sold back to Warm Springs F orest Products for milling, Speaking to'the environmen tal im pact of the transmission, lines, Bohl said that the land in the right-of-way can still be used for grazing, hunting and certain recreational activities. Christ mas Tree farms could be a pos sible utilization of the land be neath the lines, Bohl also sug gested. The Tribes’ engineering con sultant Je rry Dibble said that the lines would be high enough to pose no danger to people, animalS or; plants. Two -positive environmental points of the BPA agreement, according to Dibble, would be the BPA’s effort to conceal the lines from Highway 26 and the restoration of the range and forest in the south corridor, if it is vacated. These details must be worked out for the final agreement. Impact on reservation’s future As Tribal, attorney Panner noted, of course no amount of money can truly compensate for the loss of the land and timber, but considering the amount of the settlement there are many ‘‘natural power benefits” in the land-cash exchange. The final agreement speci fies that the Tribes may receive cash or a combination of cash and Services from the BPA. Various options exist and the Tribal Council has yet to select a mode of compensation. General Manager Ken Smith remarked, “I’m looking beyond the $4.5 million. I’m looking to develop the Pelton Re-regulating Dam for the generation of power to be used on the reservation. We don’t know the costs of such a project yet, but all indications are that it would he feasible. “ This would be better for the reservation because every one is talking about power costs and they’re not going to go down: “If we can develop a cheap source of power now it will be a tremendous asset down the road.” Smith favored depositing the money in a special fund ea r marked for such a development. Another possible use of the money that was referred to in the BPA proposal is the con struction of transmission lines from the Pelton Dam to the Warm Springs substation and possibly on to Kah-Nee-Ta. Dib ble noted that the Tribes may also opt to extend existing lines according to an agreement with Pacific Power and Light which now serves the reservation. Few if any people are talk ing about placing the $4.5 m il lion in the Tribes’ general fund. Investing it in the reservation’s future appears to be a popular idea. As Chairman Greene ob served, “We hope our decision is in the best interest of the Tribes - only time will bear this out.” Other Energy frojects In The Works On the same day the general council was informed of the BPA right-of-way agreement, engi neering consultant Jerry Dibble reported to Tribal Council on the progress of various tribal ener gy projects. The prelim inary report on the feasibility of installing gen erators in the Pelton Re-regu lating Dam will be completed in a month ór so, said Dibble. The lengthy process of obtaining a license from the Federal Energy Regulatory Commission would follow^ after which time draw- ings would be prepared and con tracts awarded. Construction would take-at least 18 months, said Dibble. In other energy news the re negotiation of the Pelton Dam contract is progressing, a peti tion for rent adjustment having been brought to the Federal Energy Regulatory Commission in January. Dibble is still re searching the exact figure he will recommend for the rent of Tribal lands for Pelton Dam, but said “I would expect to take the sam e position as I did in the Round Butte case.” The Tribes received one-half of the differ ence between the cost of Round Butte energy and the next best energy alternative. At the mill, two of the three generators installed last year are operating, reported Dibble. The mill is presently burning all its fuel and PP&L is temporarily paying 10 mills for each kilowatt hour of energy left over. A permanent contract for sale of power will eventually be negoti ated:
