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VOL 12 NO. 6
WARM SPRINGS, OREGON 97761
MARCH 13, 1987
Warm Springs to file
lawsuit over bank issue
V 1
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Concern for the quality of 'the Deschutes River has prompted the Tribe to sponsor a bill limiting access to the resource..
Tribe sponsors Deschutes River limited entry bill
by Marsha Shewczyk
In 1970 the Deschutes River was
designated a scenic waterway. The
number of river users since that
time has increased enough to war
rant a study of environmental and
social impacts on the river area.
The study, authorized by the Ore
gon State Legislature, found the
river to be impacted environmen
tally in numerous areas and to be
overcrowded.
The Confederated Tribes of
Warm Springs agree with the study
and decided it was time to make
some decisions regarding the Des
chutes River. A bill has been sub
mitted to the legislature to limit
access to the River. "It is our
belief," said tribal representative
Rudy Clements speaking to the
annual conference of the Deschutes
River Public Outfitters, "that the
river has come into deterioration....
We feel practices of everyone on
that river is causing this problem....
We believe there has to be a stand
ard established for limited entry."
The Warm Springs-sponsored bill
is counter to one recently intro
duced by a group known as North
west Rafters Association. House
Bill 3019, written by Association
member Pansy Nofziger, calls for
open accessibility to the river to be
maintained. Nofziger states, "The
river is basically a recreational re
source that should be open to all
users and is in good ecological
condition compared to times in the
past."
The bill establishes the Deschutes
River Scenic Waterway recreation
area and calls for cooperative
management by user groups, local
WEATHER
FEB. HI LOW
25 41 20
26 42 18
27 51 23
28 58 27
MARCH
1 55 45
2 63 41
3 68 59
4 74 55
5 55 33
6 53 33
7 54 27
8 48 38
9 54 34
land owners, city, county, state and
federal agencies. The bill also desig
nates the establishment of a com
mission and a managerial plan to
preserve the Deschutes River eco
logical system and maintain high
quality recreation experience for
users.
The bill stipulates that "priority
shall be given to improving the
Deschutes River system's resistance
to abuse by people, animals or
nature and to preserving the river's
ecological system while keeping
the river open to the highest recrea
tional use allowed under ORS
390.825.. ..Adequate facilities and
services shall be developed to meet
resource needs for protection and
preservation and user needs for
service shall be a priority item.. ..The
river shall be open to all users at all
times, a goal which shall be equal
in priority to keeping the river eco
logically healthy."
The Tribe feels the bill is not in
the best interests of the Deschutes
River. The Warm Springs-sponsored
Senate Bill 945, on the other
hand, establishes the Deschutes
River Management Area and re
quires Parks and Recreation Div
ision to develop a management
plan for the area. It establishes
guidelines for managing the area
and appropriates money for that
purpose.
The measure, written by tribal
attorney Jim Noteboom, opposes
HB 3019 for several reasons as
cited in testimony presented to the
joint committee on water policy
and again to the Deschutes River
Outfitters.
First, the bill fails to address
adverse social impacts identified in
the Deschutes River study and
focuses only on ecological or envi
ronmental impacts.
Second, HB 3019 fails in that it
does not recognize the legitimate,
strong interests of the Confeder
ated Tribes in the management of
the Deschutes River Scenic Water
way. Third, the bill provides that the
river shall be open to all users at all
times. This fails to take into account
that some user groups are already
excluded from use of the river by
law. Jet boats, for example, are
excluded presently from the sec
tion of the Deschutes River adja
cent to the Warm Springs reserva
tion. Fourth, the bill creates a new
commission to manage the Scenic
Waterway in a partnership with the
Parks and Recreation Division.
"The Tribes believe that a single
State agency should have overall
responsibility for managing the
state's interest in the Deschutes
River Waterway." The bill places
the commission in more than an
advisory position and gives them
direct management authority. The
bill does not specify who would
prevail in case of dispute.
Fifth, the bill appears to state
that all users of the Deschutes
River will have to purchase a pass
whether they are boaters or not.
"The bill," as testimony states,
"appears to represent primarily
commercial guide interests that have
historically opposed any use limits
on the Deschutes River."
After the reading of this testim
ony, outfitters voiced their opin
ions. Attorney Sam Pace stated
that the bill "asks one group of
owners to give up a piece of their
property interest without restric
tion to other groups. Itamountsto
a privatization without compensa
tion." He felt the Tribe has nothing
to lose since they are not restricted
from use of the river.
Other outfitters felt the Deschutes
River study was biased, aimed at
justifying a limitation on the river.
Others expressed concern for the
local economics and the state tour
ism industry that might be affected.
Some felt there was not sufficient
need, yet, to close the river to pub
lic access. One outfitter pointed
out other changes in the system
could be changed before the permit
system was changed. He stated,
"We think we have a good system
but it hasn't had a chance to work."
Clements replied to some ques
tions but reiterated that the resource
was valuable to everyone. "We
realize we have to share the river's
use.. ..We want to protect it and we
want to keep it in a good state." He
emphasized that there was room
for discussion as to the means to do
this.
The river has already exceeded
the use level recommended by a
federal task force study in 1980; it's
time to make a decision. And, like
everyone else, Clements related, "We
would like a place to go where
there is solitude and a good
experience."
On March 10, the Tribal Council
of The Confederated Tribes of the
Warm Springs Reservation of
Oregon passed a resolution autho
rizing a lawsuit to be filed against
the Secretary of the Interior, the
Secretary of the Treasury and the
Mellon Bank of Pittsburgh, Pen
nsylvania. The lawsuit will seek to
enjoin the Bureau of Indian Affairs
from implementing a contract to
transfer management of $1.7 bil
lion in Indian trust funds from the
Bureau of Indian Affairs to the
Mellon Bank.
The Warm Springs Tribes believe
that the proposed contract is both
illegal and imprudent. The Assist
ant Secretary for Indian Affairs,
Ross O. Swimmer, reneged on a
commitment he had earlier made
with the Tribes to provide them
with an opportunity to review the
proposed contract and other rele
vant documents prior to implemen
tation of the new program. Assist
ant Secretary Swimmer appears to
be proceeding to consummate the
contract as quickly as possible des
pite objections from tribes through
out thecountry.
The trust funds involved are par
ticularly important to Indian Tribes
because they provide a large share
of the funding for essential govern
mental services, such as fire and
police protection, that are provided
by tribal governments. These funds
have generally been generated
through land claim cases compen
sated tribes for the past loss of
lands, earnings from tribal enter
prises operated by the tribes, and
payments to individual Indians for
losses of their lands and mineral
rights.
The Bureau of Indian Affairs is
proceeding with implementation of
of the contract proposal even after
strong reservations about the proce
dures being used were expressed to
Assistant Secretary Swimmer by
the Senate Select Committee on
Indian Affairs during recent hear
ings in Washington, D.C. The Warm
Springs tribes have sought improve
ments in the BIA trust fund man
agement program in the past and
have been willing to work with the
Department of Interior in making
improvements. However, the cur
rent proposal appears to contain a
number of defects that will possi
bly jeopardize the Tribes's govern
mental operations. The Tribes have
been hindered in their efforts to
analyze the current proposal by the
refusal of the Department of Inte
rior to furnish the documents neces
sary to evaluate it.
The lawsuit will be filed in the
near future in the Federal District
Court in Portland, Oregon and will
seek to enjoin the Federal Govern
ment and Mellon Bank from going
through with the proposed changes.
The suit will also seek to have the
Bureau of Indian Affairs account
to the tribes and its members for
the monies that are now being held
in trust for them.
Council expresses concern over BIA proposals
An open letter from the Tribal
Council to the people of the
reservation:
The Warm Springs Tribal Council
believes that this Tribe and all
Indian tribes are now faced with
the greatest threat to tribal existence
since the Termination Acts of the
1 950s which resulted in the termina
tion of the Klamath Tribe and
many other tribes throughout the
country. The attack against tribes
is not as direct this time but the
intended result is just as apparent.
This program is being developed
and led by the Assistant Secretary
of the Interior for Indian Affairs,
Ross Swimmer. Mr. Swimmer has
initiated a number of proposals
that, if implemented, will result in
the dismantling of the Bureau of
Indian Affairs. Mr. Swimmer has
cleverly described these initiatives
in terms of economic development
for the tribes, turning over manage
ment functions to private agencies
that he says are better equipped to
do the job than the Bureau of
Indian Affairs, and attempting to
"get the government off the backs
of Indians." What it really amounts
to, though, is the destruction of the
basic relationship between the fede
ral government and Indian tribes.
Once that relationship is destroyed
and tribes no longer have the sup
port and protection of the federal
government it is but a short step to
termination.
Because Mr. Swimmer has been
secretive about these proposals and
because the intended results of these
have been cleverly disguised, Indian
country and Congress have been
slow to recognize the problem.
However, that situation is changing.
At the January meeting of the
Affiliated Tribes of Northwest
Indians the Warm Springs Tribal
Council agreed to lead the way for
Northwest tribes to battle these
proposals. Other Northwest tribes
have agreed to share the cost of this
Warm Springs effort.
As a result, the tribes have held
two work sessions with other tribes
to develop and analyze Mr. Swim
mer's initiatives and develop position
papers. These position papers have
been distributed to tribes throughout
the country for their use in dealing
with their Congressional representa
tives. Many of these tribes are
without resources to develop this
information on their own.
To give you an idea of what we
have done, the first meeting held by
the Tribes dealt with the proposed
changes in the BIA forestry program.
Tribal representatives and represen
tatives from other timber producing
tribes met in the Portland Area
Office for two days and drafted a
letter to Mr. Swimmer detailing
their concerns and objections to
this program. Printed in this issue
of the Spilyay Ty moo is the complete
draft of that response. We urge you
to read it thoroughly. These propo
sals on Forestry will impact the
Warm Springs reservation particular
ly hard. That draft will also give
you an idea of the type of detailed
position papers that we have deve
loped along with other Indian tribes
on a wide range of subjects.
We view this matter to be so
serious that we have ordered it as
an item of the highest priority on
our agenda. Mr. Swimmer is a
clever and a smooth talker. How
ever, we now have enough infor
mation to know what his true aims
are. We have asked Spilyay Tymoo
to keep you informed of our pro
gress in this area.
Please turn to page two for the let
ter to Swimmer from the Tribes.
Art show set for Root Feast
A Root Feast Tribal Art Show
will be held April 4 and 5, 1987 at
Kah-Nee-Ta Lodge. 1 he show will
be sponsored by Middle Oregon
Historical Society (MOIHS) in
conjunction with the Northwest
Native American Art Council of
the Portland Art Museum. Dead
line for entries is Friday, March 27,
1987.
The show is open to all Warm
Springs tribal members. Each artist
may submit a maximum of three
entries. The works will consist of
two-dimensional and three-dimensional
works in all media. All of the
entries must be original and have
been produced within the last two
years.
Entry forms may be picked up at
the MOIHS museum office, 2148
Kota Street (immediately west of
the police department). Contact
Liz Tewee or Bculah Calica at
(502) 553-1 161, ext. 331 or 338.
frarlif tn ho
Prescribed burns to begin this month dosed Mar.23-25
Forestry will begin prescribed
burning on the Warm Springs Indian
Reservation in March and continue
through early June. Understory
burning in ponderosa pine will
occur in the Daniel Springs and
Mistletoe Flat logging units, in the
vicinity of the Tenino Road. Under
story burning is the reintroduction
of fire into the ponderosa pine
forest to promote natural tree rege
neration and reduce the fire hazard
caused by mature shrubs.
Broadcast burning in clcarcuts
will occur in the Bits and Pieces
and Swamp Creek Logging units.
This burning will prepare the site
for tree planting and fire hazard
reduction.
Springtime offers the best condi
tions for smoke dispersal and reduc
ing possible smoke problems into
populated areas. Although smoke
management considerations w ill be
prior to any burn, smoke may be
visible up to three days following
ignition. Questions may be directed
to the Bureau of Indian Affairs,
Fire Management, at 553-1 146.
The Tribal Credit Office w ill be
closed Mondav. Tuesday and Wed
nesday, March 23. 24 and 25. 1987.
The entire staff w ill be attending
a Credit Conference in Yakima.
Washington. The office will be
open Thursday, the 26th.
i-Mtsrfrw WAR 1613371