PACE 8 November 18, 1988 Warm Springs, Oregon Spilyay Tymoo .0 , ' J. V t , v . i - I HerbStwytr, 80-year-old senior citizen from Harm Springs was recently selected Elder of the Year by the National Indian Education A ssociation at their annual conference last week In Tulsa, Oklahoma. 1989 budget reviewed Continued from page 1 trainees as well as all other full and part time employees. Though the two nights' discus sions focused on the two segments of the budget, other topics, includ ing the upcoming alcohol and drug workshops and community health, were discussed as well. Questions concerning grazing permits, the proposed BIA general assistance program, economic development, hiring practicies among tribal mem bers, Kah-Nee-Ta, early childhood education, the museum, senior citi zens pensions, tribal garage, infor mation center, KWS1. the cutting contract and the managers' car allowances were all presented by attendees for discussion. One member questioned the trust responsibility of the Indian Health ; Service, citing a reduction of servi ces. Also proposed is a SI 50,000 increase in the employee group : medical insurance plan. Calica expalined that there are changes in the IHS progrma, "so there's a shift of responsibility." In addition, insurance costs have increased due to alcohol treatment. Approximately $200,000 was spent in 1987 for treatment. This figure does not include the costs paid by IHS, which totaled $125,000, nor any amount WSFPI may have con Native American Arts & Artifacts Sboiv Bend River Mall November 25, 26 and 27 Artists and craftsmen from Warm Springs will show their works. Items will be for sale. MOIHS will also have a historical exibit. Court Notices The Confederated Tribes of the Warm Spring! Reservation of Oregon Glenn Whiz, Sr. Defendant Notic of TrialHearing for Publication Case No. CRSS6-88 To: Glenn Whii, Sr. You are hereby notified: That the above cited easels), as filed in the Warm Springs Tribal Court, has been scheduled for trial hearing at 9 a.m., on the 30th day of November, 1988. You are hereby ordered: To be and appear at the Warm Springs Tribal Court at the time and date shown to defend against the charge(s). You may be represented by yourself, by an attorney, or by a spokesman, at your own expense. You may bring any documents you believe arc relevant to this cause, and you may bring witnesses to testify on your behalf. You may request the Court to subpeona your witnesses, however, you must submit your list of witnesses no later than two weeks prior to trial; failure to do so will not be considered sufficient reason to postpone the trial. If you have any questions, you should seek legal advice immediately.. If you fail to appear as so ordered, the Tribal Court shall enter a complaint for contempt of court and issue a warrant for your arrest. Dated at Warm Springs, Oregon, on this 18th day of October, 1988. Lola Sohappy Judge, Warm Springs Tribal Court The Confederated Tribes of the Warm Springs Reservation of Oregon Anthony Wolfe Defendant Notic of TrialHearing for Publication Case No. CRS21-M To: Anthony Wolfe You are hereby notified: That the above cited easels), as filed in the Warm Springs Tribal Court. SUBSCRIPTION TO SPILYAY SEND SUBSCRIPTION TO: SPILYAY TYMOO, PO BOX 870, WARM SPRINGS, NAME ADDRESS CITY SUBSCRIPTION RATES: $9.00 PER YEAR IN THE U.S. $15.00 PER YEAR OUTSIDE THE U.S. All members of the Confederated Tribes of Warm Springs will receive the Spilyay Tymoo at no cost Spilyay Tymoo is published bi-weekly by the Confederated Tribes of Warm Springs tributed. Social problems, including alco hol and drug abuse, continue to plague the community. "We spend a lot of money on social programs." said Council chairman Zane Jack son. "We're not quite sure of the effectveness of them. If we take those programs out, we don't know what damage there will be, if any. We encourage our people to help each other... We see people need lessly harmed or killed and this is discouraging. People working in the social program feel the same way... we just have to keep trying." One member, William Wilson, pointed out that many people are pointing only to the negative things that are happening. He suggested that the community use this "nega tive energy" to work on the prob lems in a positive way. All members are encouraged to attend the final two budget meet ings during which court services, public safety, natural resources and economic development will be dis cussed. Further information concerning tribal programs and the proposed budget will be presented by Spilyay in a special edition that will appear in December. has been scheduled for trial hearing at 9 a.m., on the 30th day of November, 1988. You are hereby ordered: To be and appear at the Warm Springs Tribal Court at the time and date shown to defend against the charge(s). You may be represented by yourself, by an attorney, or by a spokesman, at your own expense. You ma bring any documents you believe arc relevant to this cause, and you may bring witnesses to testify on your behalf. You may request the Court to subpeona your witnesses, however, you must submit your list of witnesses no later than two weeks prior to trial; failure to do so will not be considered sufficient reason to postpone the trial. If you have any questions, you should seek legal advice immediately.. If you fail to appear as so ordered, the Tribal Court shall enter a complaint for contempt of court and issue a warrant for your arrest. Dated at Warm Springs, Oregon, on this 18th day of October. 1988. Lola Sohappy Judge, Warm Springs Tribal Court The Confederated Tribes of the Warm Springs Reservation of Oregon Nadine R. Calica Defendant Notic of TrialHearing for Publication Case No. CR558-88 To: Nadine R. Calica You are hereby notified: That the above cited easels), as filed in the Warm Springs Tribal Court, has been scheduled for trial hearing at 9 a.m.. on the 30th day of November. 1988. You are hereby ordered: To be and appear at the Warm Springs Tribal Court at the time and date shown to defend against the chargefs). You may be represented by yourself, by an attorney, or by a spokesman, at your own expense. You may Sring any documents you believe are relevant to this cause, and you may bring witnesses to testify on your behalf. You may request the Court to subpeona your witnesses, however, you must submit your list of witnesses no later than two STATE. FlOOd plains important Because riparian ecosystems pro vide the essentials of habital food, water, and cover they are crucial for a variety of wildlife. In general, the area within two hundred yards of a stream is most heavily used by wildlife. Riparian ones provide migration routes and corridors between hab itats for many animals. The riparian one provides cover, food, and water during these movements. The woody plant communities in the riparian one provide cover, roost ing, nesting, and feeding areas for birds, sheltci and food for mam mals, and increased humidity and shade (thermal cover) for all an imals. Hirds arc the most common and conspicuous forms of wildlife in the riparian ecosystem and it is an important breeding habitat for them. In some riparian research areas from 150 to 550 breeding pairs have been found per 100 acres. Bird density is just one indicator of the productivity of a riparian zone. Mammals typical of trhc riparian Fishing of treaty fish were being caught in ocean waters managed by the U.S. Department of Commerce. The tribes continued to sue Secretaries of Commerce in 1980, 1981 and 1982 (Confederated Tribes et al v. Kreps, Yakima et. al. v. Klulznik; Hon v. Baldrige; and Yakima, et. al. v. Bardrige). In February 1977, the federal court, under its jurisdiction in U.S. v. Oregon, ordered a five-year plan that set up an in-river harvest shar ing formula between non-Indian and Indian fisheries. (The five-year plan was a failure because it did not include specific controls on ocean harvest or specific measures to replace fish runs destroyed by the dams.) In 1976. Congress passed the Fisheries Conservation and Man agement Act. whereby the federal government asserted fishery juris Enter Novemeber The 1988 November Fitness Challenge, sponsored by the Warm Springs Recreation Deprtment. began November 1 and will con tinue until November 30. A traveling trophy is awarded to the department logging the highest total number of minutes spent in fitness during the month. T-shirts will be awarded to all participants who officially entered and they will have the department winner printed on them. All that is required to enter is a $5 fee. Any exercise recognized as "aero bic'Mn nature such as walking, jog ging, running, bicycling (indoor and outdoor), swimming, cross weeks prior to trial; failure to do so will not be considered sufficient reason to postpone the trial. If you have any questions, you should seek legal advice immediately.. If you fail to appear as so ordered, the Tribal Court shall enter a complaint for contempt of court and issue a warrant for your arrest. Dated at Warm Springs, Oregon, on this 18th day of October. 1988. Lo!a Sohappy Judge, Warm Springs Tribal Court The Confederated Tribes of the Warm Springs Reservation of Oregon Jereen Thomas Defendant Notic of Trial Hearing for Publication Case No. CR482, 477 & TR84I-88 To: Jereen Thomas You are hereby notified: That the above cited easels), as filed in the Warm Springs Tribal Court, has been scheduled for trial hearing at 1 1 a.m., on the 28th day of November, 1988. You are hereby ordered: To be and appear at the Warm Springs Tribal Court at the time and date shown to defend against the charge(s). You may be represented by yourself, by an attorney, or ' by a spokesman, at your own expense. You may bring any documents you believe are relevant to this cause, and you may bring witnesses to testify on your behalf. You may request the Court to subpeona your witnesses, however, you must submit your list of witnesses no later than two weeks prior to trial; failure to do so will not be considered sufficient reason to postpone the trial. If you have any questions, you should seek legal advice immediately.. If you fail to appear as so ordered, the Tribal Court shall enter a complaint for contempt of court and issue a warrant for your arrest. Dated at Warm Springs. Oregon, on this 18th day of October. 1988. Lola Sohappy Judge, Warm Springs Tribal Court TYMOO OR 97761 ZIP. one include all sics from small to large. Mammals, especially rodents, are parts of various food chains. Others, such as the beaver, may modify riparian communities. Another indicator of riparian environmental quality are the am phibians and reptiles. Nearly all amphibians depend on aquatic hab itats for reproduction and over wintering sites. Certain turtles, snakes, and liards also prefer riparian ecosystems. Fish are also indicators of the health and integrity of the water shed and riparian ecosystem. Large woody materials, like fallen trees and limbs, create pools and protec tive cover necessary components of fish habitat. The debris also increases the diversity of inverte brates. These are a basic part of the food chain on which salmon and trout depend. For humans, since the land along the strcambanks and floodplains is often fairly flat, riparian areas are attractive locations for roads. Streams and their banks are also co-management diction to 200 miles and delegated implementation to the Secretary of Commerce. In 1977, Washington Congress man Jack Cunningham introduced legislation to abrogate all Indian treaties. In 1977, President Jimmy Carter established a Presidential Task Force to examine the fishing rights controversy and make recommenda tions. In considering amendments to the Lacey Act in 1979. te U.S. Solicitors Office recommended inclusion of Indian tribes in order to grant jurisdiction over non Indians committing fish and wild life offenses 6n Indian reservations. The action was a response to the Supreme Court's Oliphant decision, which limited such jurisdiction. In 1979, in a 6-3 decision, the U.S Supreme Court upheld U.S. v. Fitness Challenge country skiing, and aerobic dance are considered true fitness activi ties. Nordic track machine, hand ball, skating (ice and roller), weight lifting, raquetball and condition ing and exercises are also accept able. Tennis, basketball, wrestling, disco-dancing, hunting, volleyball, karate, boxing, wood cutting and golf (walking and carrying clubs) will be accepted only if the partici pant spends at least 60 minutes at one time in the activity. The"88"challenge luncheon will be held Thursday, December 15 at noon. If you have any questions call Austin or Natalie at the recrea tion department. The Confederated Tribes of the Warm Springs Reservation of Oregon Sylvester Sahme, Jr. Defendant Order to Show Cause for Public Notice Case no. TR240 & 369-88 To: Sylvester Sahme, Jr. You are hereby notified: That the above cited easels), as filed in the Warm Springs Tribal Court, has been scheduled for show cause hearing at 1 1 a.m., on the 30th day of November, 1988. You are hereby ordered: To be and appear at the Warm Springs Tribal Court at the time and date shown to show cause why the suspended sentence of 33088. should not be imposed for your failure to comply with the sentence imposed against you. This hearing will not be a full hearing on the merits of case: you must appearand defend against a complaint that you failed to obey the Order of the Court. If you fail to appear as so ordered, the Tribal Court shall enter a complaint for contempt of court and issue a warrant for your arrest. If you have any questions, you should seek legal assistance immediately. ' Dated at Warm Springs, Oregon, on this 18th day of October, 1988. Barbara Haslinger Judge, Warm Springs Tribal Court The Confederated Tribes of the Warm Springs Reservation of Oregon Allen P. Mosqueda Defendant Order to Show Cause for Public Notice Case no. C R 406-88 To: Allen P. Mosqueda You are hereby notified: That the above cited easels), as filed in the Warm Springs Tribal Court, has been scheduled for show cause hearing at 2 p.m., on the 30th day of November. I988. You are hereby ordered: To be and appear at the Warm Springs Tribal Court at the time and date shown to show cause why the suspended sentence of 62788. should not be imposed for your failure to comply with the sentence imposed against you. This hearing will not be a full hearing on the merits of case: you must appearand defend against a complaint that you failed to obey the Order of the Court. If you fail to appear as so ordered, the Tribal Court shall enter a complaint for contempt of court and issue a warrant for your arrest. If you have any questions, you should seek legal assistance immediately. Dated at Warm Springs. Oregon, on this I8th day of October. I988. Barbara Haslinger Judge, W arm Springs Tribal Court Vt Hmmm M. Lewta Petitionee w Way A. Van PeK Snuaoai for PuMiratinu tMnn.DOt-t7ft IKHM7 trint A. VanPe Yoa are hereby notified that a Modification Continued from page 3 readily available sources of rock and gravel for building roads. Roadbuilding increases sediment ation which adversely affects aqua tic life, especially fish. Runoff from roads may carry oil, antifrcce, and other contaminants into the stream. 1 reconstruction of a roadway also destroys valuable wildlife habitat. Traffic, a hazard in itself, may dis turb or displace many wildlife spe cies. Road construction probably has a greater and more long-lasting impact on riparian ones than any other human activity. Generally, areas near streams are highly productive forage sites. Cattle and other livestock use riparian areas heavily. As they concentrate near water, the soil is compacted and water percolation is reduced. As the vegetation is eaten or trampled, erosion increases. the strcambanks slough away, and water quality is reduced. Mining in and near streams has severe impacts on riparian ecosys Continued from page 3 Washington (Boldt decision). In 1980. the Federal District Court issued the U.S. v. Washing ton (Phase decision that affirmed a right to protection of habitat used by fish subject to treaty catch. Along with other similar cases, this case convinced industry leaders to negotiate with Indian tribes. In 1980, Congress passed the Northwest Power Act, which for the first time mandated that Columbia River power production and fisheries be managed as co equals. It called for a Fish and Wildlife Program to make up for fish losses caused by the hydroe lectric system and gave special recognition to tribal governments' fishery recommendations. Also in 1980, Congress passed the Salmon and Steelhead Conser vation and Enhancement Act, which recognized the co-management responsibilities of Washington coastal, Puget Sound and Colum bia River tribal governments. A House committee deleted sections included by Senator Magnuson that would have required Indian tribes to trade their right to take steel head in return for additional sal mon allocations. In 1981, Senator Slade Gorton and Congressman Don Bonker (both of Washington) introduced legislation to prohibit the commer cial taking of steelhead by Indians. In 1982, the Northwest Power Planning Council the body charged with implementing the Power Act adopted a Fish and Wildlife Program that drew heav ily on recommendations made by the tribes and their CRITFC. In 1983, a Request tor Determi nation under U.S. v. Washington regarding the extent of non-Indian allocation resulted in a settlement Request has been filed with the Warm Springs Tribal Court. By this notice you are summoned to appear in this mailer al a hearing scheduled for 2 p.m. on the 5th day of December, 1988. at the Warm Springs Tribal Court. All of the facts of the case will be heard at this hearing, including evidence you wish to present. You must appear to present your argument or other side will automatically win. The Petitioner. Winona M. Lewis, may then be given all that is asked for in the Petition for Modification Request. The Petitioner will be present at the hearing. If you desire to personally argue your side of the case, you may have a legal aide, spokesperson or attorney appear on your behalf at your expense. If you have any questions, you should seek legal advice immediately. Dated at Warm Springs. Oregon, this 21st day of October. 1988. Lola Sohappy Judge, Warm Springs Tribal Court Ada M odig Petitioner Susana Santos Respondent Summons for Publication Case no. CV227-88 To: Susana Santos You are hereby notified that a Complaint for Civil Action has been filed with the Warm Springs Tribal Court. By this notice you are summoned to appear in this matter at a hearing scheduled for 9:00 a.m.. on the 2nd day of December. I988. at the Warm Springs Tribal Court. All of the facts of the case will be heard at this hearing, including evidence you wish to present. You must appear to present your argument or the other side will automatically win. The Petitioner. Ada Modig. may then be given all that is asked for in the Complaint for civil action. The Petitioner will be present at the hearing. If you desire to personally argue your side of the case, you may have a legal aide, spokesperson or attorney appear on your behalf at your expense. If you have any questions, you should seek legal advice immediately. Dated at Warm Springs. Oregon, this 2nd day of November. I988. Lola Sohappy Judge, Warm Springs Tribal Court The Confederated Tribes of the Warm Springs Reservation of Oregon Petitioner Julie Governor Ernest Jackson Respondent Summons for Publication Case no. DO 121 -17 A JVIM-M To: Julie Govenor You are hereby notified that a Petition for Cus tody Review has been filed with the Warm Springs Tribal Court. By this notice yon are summoned to appear in this matter at a hearing scheduled for 10 00 a m.. on the Sth day of December. 1988. at the Warm Springs Tnbal Court. All of the facts of the case ill e heard al this hearing, including evidence yon wish to present. Von must appear to present your argument or other side mil automatically win The Petitioner, the Confederated Tnhev mav then he given ad that n asked for m the Petition for Custody tems. Mining often increases sedi mentation and disrupts spawning areas by moving large amounts of gravel, rock and soil. In addition, mining may introduce poisonous heavy metals into streams. Logging may disrupt the ripar ian one. Until recently, clearcuts commonly went to the stream's edge. In addition to removing the trees which shade the stream, the understory and groundcovcr were heavily damaged. These trees would also have been a future source of structure in the stream. This created erosion, and all of the problems caused by heavy sedimentation. Direct destruction of spawning grounds can occur by dragging logs through streams, building roads along banks, and transporting logs down small rivers. Now strips of vegetation, called buffer ones, are left along streams. These provide shade, and logs which fall in the stream, reduce water velocity and prevent washouts. All of these practices affect watcrflow, bank erosion, siltation, and temperature extremes. order, brought Alaska to the nego tiating table, and paved the way for agreement in U.S.-Canada salmon interception discussions. In 1984, Washington voters nar rowly approved Initiative 456, which would diminish treaty fish ing rights. It has never been imple mented, however, because of its unconstitutionally. In 1984, in response to the Phase II decision, the Northwest Renew able Resources Center was formed by the state of Washington, Wash ington tribes and the timber indus try. The result was the 1986 Tim ber Fish Wildlife process for Wash ington's forest lands. In 1985 Congress ratified the Pacific Salmon Treaty. In 1985, watershed planning be gan in Washington state as a coop erative effort between the state and tribal governments to establish pro duction plans and management objectives. In 1985. President Reagan and Canadian Prime Minister Mulro ney signed the U.S.-Canada Pacific Salmon Interception Treaty, which among other measures reduced Canadian and Alaskan harvest of Columbia River salmon and reserved a seat at the table for Indian tribes along with other fishery managers. In 1988, thestates ofOregonand Washington, federal fishery agen cies and the Yakima, Umatilla, Warm Springs and Nez Perce tribes agreed to a detailed harvest and fish production process under the authority of U.S. v. Oregon. This information was prepared for the Affiliated Tribes of North-' west Indians by the CRITFC and the Quinault Management Center. Review. The Petitioner will be present at the hearing. If you desire to personally argue your side of the case, you may have a legal aide, spokesperson or attorney appear on your behalf at your expense. If you have any questions, you should seek legal advice immediately. Dated at Warm Springs, Oregon, this4th day of November. 1988. Lola Sohappy Judge, Warm Springs Tribal Court The Confederated Tribes of the Warm Springs Reservation of Oregon Petitioner Julie Govenor Ernest Jackson Respondent Summons for Publication Case no. D0121-87 ft JV166-88 To: Ernest Jackson You are hereby notified that a Petition for Cus tody Review has been filed with the Warm Springs Tribal Court. By this notice you are summoned to appear in this matter at a hearing scheduled for 10:00 a.m., on the 5th day of December. 1988, at the Warm Springs Tribal Court. All of the facts of the case will be heard at this hearing, including evidence you wish to present. You must appear to present your argument or other side will automatically win. The Petitioner, the Confederated Tribes, may then be given all that is asked for in the Petition for Custody Review. The Petitioner will be present at the hearing. If you desire to personally argue your side of the case, you may have a legal aide, spokesperson or attorney appear on your behalf at your expense. If you have any questions, you should seek legal advice immediately. Dated at Warm Springs. Oregon, this 4th day of November. 1988. Lola Sohappy Judge, Warm Springs Tribal Court The Confederated Tribes of the Warm Springs Reservation of Oregon Ernest Jackson Defendant Order to Show Cause for Public Notice Case No. TR 164-87 To: Ernest Jackson You are hereby notified: That the above cited easels), as filed in the Warm Springs Tribal Court, has been scheduled for show cause hearing at 10:30 a.m.. on the 9th day of December. 1988. You are hereby ordered: To be and appear at the Warm Springs Tribal Court at the time and date shown to show cause why the suspended sentence of 8 8 88. should not be imposed for your failure to comply with the sentence imposed against you. This hearing will not be a full hearing on the merits of case: you must appear and defend against a complaint that you failed to obey the Order of the Court. If you fail to appear as so ordered, the Tnbal Court shall enter a complaint for contempt of court and issue a warrant for your arrest If you have any questions, you should seek legal assist ance immediately. Dated at Warm Springs. Oregon, on this 7th day of November. 198 Barbara HnsKnfrr Judge, Warm Springs tribal Mt