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