Tribe
SpilyayTymoo
Warm Springs, Oregon
Jnlv 24,1992 Page 3
Reservation forest plan considers value Tof afl resources
Resource managers have
formulated an Integrated Resource
ManagementPlan which takes Into
consideration the value of all
natural resources.lt Is scientifically
based plan.provides standards for
future uses and preservation of all
forest resources.
Following an integrated approach
to resource management of Beaver
Creek Watershed in 1986, Warm
Springs Tribal Council directed res
ervation resource managers to apply
the same method of integrated man
agement to all resources. Managers
that had been competing for top
billing in the resource hierarchy were
now being directed to work together
with all resources in mind.
Even six months after managers
began meeting to develop an inte
grated resource management plan,
confrontations slowed progress of
the task. It took a retreat of all resource
managers and a team building semi
nar to convince managers that they
could work together and that they
must for the benefit of the tribe and
the reservation land base.
Team members worked together
to formulate standards, goals and ob
jectives. Compromises were neces
sary, but according to Warm Springs
watcrmastcr Deepak Sehgal, the best
biological plan for the reservation
for resource use was developed. Re
source management became scien
tifically based. "Even with the com
promises," says Sehgal, "I'm happy
with it."
Both Tribal Council and the Bu
reau of Indian Affairs Portland Area
office also showed satisfaction with
the Integrated Resource Management
Plan, approving it formally June 26
at Kah-Nee-Ta with their represen
tative signatures.
The plan follows an intensive en
vironmental assessment of the im
pacts on resources resulting from
various forest practices. Although
only an EA was made, the extent of
the assessment equals that of a more
thorough Environmental Impact
ataiemenL
The selected plan was one of sev
eral considered alternatives. The se
lected "Balanced Alternative" was
adopted with the recommended al
lowable cut of timber phased in as
indicated in the ordinance. The al
ternative allows both tribal adminis
trators and Warm Springs Forest
Products Industries to make gradual
adjustments to reduced harvest lev
els and will not have a significant
long-term impact upon harvest lev
els after the year 1996.
Standards and Best Management
Practices are listed in the plan to
provide protection necessary for all
resources within the forested areas.
Monitoring and evaluation programs
ensure that the plan will be carried
out. An amendment process allows
for technical changes to be made
when necessary.
Attention is given to impact of
practices on soils, water, wildlife,
fisheries, forage, biological diversity
and cultural and visual areas. In gen
eral, the IRMP furnishes a way to
protect resources for current and fu
ture generations. It also provides a
mechanism to fulfill the tribal di
rective: "To establish and enforce
such rules as may be necessary to
safeguard Indian property and re
sources for the use of present and
future generations."
Ordinance No. 74
WHEREAS. Early in 1986, lh Warm
springs Tribal COUNCIL adopted
Resolution 7410, calling for the use of
an integrated planning approach in the
development of all future resource man
agement plans, and
WHEREAS, the United Stales Gov
ernment is required under its' trust re
sponsibilities, laws and regulations, to
manage and protect the physical, bio
logical, social, and cultural resources of
native Americans. In the case of the
Confederated Tribes of Warm Springs
Reservation of Oregon, those obliga
tions are based on the Treaty of JUNE
25, 1835, with the Tribes and Bands of
Middle Oregon andother APPLICABLE
statutes, regulations andcase law. Those
obligations are unimpaired y this plan.
Therefore the confederated Tribes of
Warm Springs and the bureau of Indian
Affairs, Warm Springs Agency prepared
an Integrated Resource management Plan
for the forested area of the Warm springs
Reservation, and
WHEREAS, purpose of the Inte
grated Resources Management Plan is to
provide management direction for the
use and or protection of the natural re
sources, as the cue may be, within the
forested area of the Reservation and is in
the best interest of the confederated
Tribes of the Warm Springs Reservation
and is in conformance with the constitu
tion and By-laws and Corporate charter
of the Tribes, and
WHEREAS, the Tribal Council hav
ing adopted Resolution No. 8296, on
July 31st 1991, whereby the allowable
cut will be phased in over the next five
years, and
Plan. Tribal Water Code, Tribal Land
Use Code and other existing ordinances
are recognized to be law and have been
accommodate into the plan, and
WHEREAS, the Implementation of
an integrated approach to project plan
ning and incorporation of the Manage
ment Zones, Standards and Best man
agement Practices listed in the IRMP
will provide the protection necessary for
the resources within the forested area,
and
WHEREAS, the implementation of
monitoring and evaluation programs will
ensure that this plan is carried out, and
WHEREAS, the IRMP Standards,
Best Management Practices and Moni
toring Program shall be regarded as op
erative regulatory rules for forest land
resource management by approval of
inn ordinance, and
WHEREAS, A review of the Inte
grated Resources Management Plan by
appropriate Tribal and Bureau staff; by
Oregon State University Professor, Dr.
Norman Johnson and other Federal and
State Agencies has confirmed the solid
foundation of the IRMP; now therefore
BE IT ENACTED, By the Tribal
Council pursuant to Article V, Section
1(1) of the Constitution and By-Laws
that the Tribal Council approves the In
tegrated Resource management Plan,
attached hereto as Exhibit A, Environ
mental Assessment of the Forested Area
of the Warm Springs Reservation, Ex
hibit B, and all related documents in
cluding Summary Documents, Exhibit
C, and Appendix, Exhibit D, for the
management period January 1, 1992 to
December 31, 2001, and
the Tribal Council to adopt the Balanced
Alternative except that the recommended
allowable cut of Timber will be phased
in as lined below, recognizing that the
sustainable level of timber harvest will
vary, (56. 6-J 1.8), depending upon op
erational level forest management deci
sions to be made in the near future.
CALENDAR YEAR
1992 1993 1994 1995 1997-2002
MMBF
75 65 60
55 (56.6-51.8)
BE IT FURTHER ENACTED, that
the Tribal Council Decision Document,
Exhibit E, provides the direction neces
sary to implement this plan, and
BE IT FURTHER ENACTED, that
the Secretary Treasurer and BIA Agency
Superintendent shall be designated and
authorized to implement tins manage
ment plan recognizing that it may need
to be amended to meet changing Tribal
Demands, and changing forest technol
ogy, therefore, the plan may be amended
by Tribal Council resolution to meet
changing Tribal Direction. The revued
plans will be reviewed with Tribal coun
cil and updated annually during the
process.
AND. B E IT FURTHER ENACTED,
That the Secretary Treasurer and the
BIA Agency Superintendent shall be
deiignated and authorized to evaluate
the recommendations made by Dr.
Norman Johnson in his review of the
IRMP and to implement those recom
mendations that are appropriate.
,7
.V v , P . , s
V
WHEREAS. Tribal Comprehensive BE IT FURTHER ENACTED, by
Portland Office Area director Stan Speaks (left) and Warm Springs Tribal
Council member Raymond Calica approve Integrated Resource
ManagementPlan with signatures.
Chemawa Indian School relates news; announces classes, Channel 1 programming
Chcmawa Indian School (CIS)
School Supervisor, Gerald J. Gray,
announced that classes for the 1992-
93 School Year will begin Septem
ber 2, 1 992. Students who are enrolled
will travel August 3 1 , 1992, or soon
as possible thereafter by bus, train, or
air as arranged by CIS.
CIS is an off-reservation boarding
Water negotiation agreement calls for insight
Uons a water provision was implied.
The decision reaffirmed the rights
guaranteed by a treaty.
Key points
In 1908, Winters vs. United States,
aUnitedStates court determined that
with the creation of Indian reserva-
The Tribes may ue the water for any purpose whether or not the State thinks those uses are
beneficial.
Anyone using the Tribal Water Right outside the Reservation must obtain valid State permits
to build off-Reservation facilities.
Non-use of any pan of the Tribal Water Right does not mean the Right is forfeited, relin
quished, or abandoned
Water May Be Diverted From:
Within the Reservation from:
-the mainstream of the Deschutes River within or next to the Reservation.
-any tributary of the Deschutes River that flows through or next to the Reservation.
-any ground water source on the Reservation
Outside the Reservation from the Columbia River System.
Other Provisions
Use of water outside the Reservation under this agreement is allowed but 90 days advanced
written notice must be given to the State.
The Tribes can lease the right to use water inside or outside of the Reservation, but they
cannot sell all or any pan of the right
The State cannot tax any proceeds gained from leasing the Tribal Water Right
Future appropriation of water by the State from the Deschutes River Basin will not affect the
right of the Tribes to divert water and will be subject to the insteam water rights
The State guarantees that the quantity of water in Exhibit C and the quality of water in
Exhibit D will be delivered to the indicated locations.
Administration Of Water Rights
The Tribes
The Tribes will administer and have final say in resolving disputes between users of the Tribal
Water Right
Administration and enforcement will be according to the Tribal Water Code. The Tribes cannot
deny any person a water right owned by a person under the Laws Of The United States.
The State
The State will administer water rights outside the Reservation which are not a pan of the Tribal
Water Right
No agency of the State can administer any part of the Tribal Water Right or issue permits for the
use of water within the Reservation.
Purpose:
To determine finally and forever the reservation water rights of the Warm Springs Indian
Reservation.
Nothing in agreement relates to water rights off-reservation (as secured by the Treaty of June
25. 1855).
Tribal Water Right Has Two Components
Consumptive Right
Not denned in amount that can be diverted and used.
Priority date of June 25, 1855.
Tribes can store and divert water from on-Reservation streams and bordering streams.
Amounts will not reduce flows beyond minimynn
Instream Right
Right to instream flow
Ensures that flows in affected riven and streams will not be reduced beyond given standards.
Right to entire natural flows to all waters wholly on Reservation lands to preserve and en
hance riparian areas and develop and operate hydropower generating projects.
Benefits
State of Oregon
Will know the impact of Tribal actions on stream flows.
Will know streamflows will not be reduced beyond agreed standards.
Existing water rights holders will have assurances that their rights will not be affected by
Tribal water use.
All parties will benefit because instream flows will be minint
Will have """"""" flexibility in water use.
Persons Who May Use Tribal Water Right
The Winter's case focused on the
fact that non-Indian settlers were di
verting water from a stream that was
the water source for two tribes on the
Fort Belknap Reservation in Mon
tana. A drought resulted in upriver
users taking water from the stream
before it reached the reservation,
Judge Wm. H. Hunt decided that
enough water to meet the tribes'
"reasonable needs" was necessary to
fulfill treaty obligations, even though
treaties do not specifically state this
The needs at the time of the
Winter's doctrine referred to a pas
toral, self-sufficient life on the res
ervation; the kind of life the gov
ernment thought Indians should lead.
But over time, the meaning of the
vaguely worded phrase has taken on
new facets
Today, Indian tribes own and op
erate hydroelectric facilities, they
have strong fish and wildlife pro
grams, and they realize that water is
necessary for economic development
and in planning tor the future
The vision of the Warm Springs
Tribe follows this vein as it sits with
the State government and Federal
representatives to determine "once
and for all" how much water the
tribes are entitled to take,
Through its attorneys, the tribes
have drafted a proposed agreement
for this settlement. In the proposed
agreement, the tribes ask for two
types of quantified water rights in the
Deschutes River. The first, an in
stream right maintains water in the
river for fisheries, hydroelectric
power and for other uses. The second,
a consumptive right allows the tribes
the right to divert water for irrigation
and industrial or domestic use on
tribal lands. One looks to the future
to ascertain the amount of water
needed for future uses, the other seeks
to protect water in the river,
In the agreement the tribes are
willing to subordinate their water
right priority date of June 25, 1855 to
be able to have available for their use
water flows exceeding that necessary
to maintain a minimum instream flow
between 3,000 and 3,500 cubic feet
per second This gives existing water
users a higher priority.
The most recent water negotia
tions meeting, held June 26 at Kah
Nee-Ta showed that both the tribes
and the State want to ensure that
minimum stream levels are main
tained in the river. The State is now
looking closely at the Tribes pro
posed agreement, viewing it as an
innovative method of determining
water rights. Previous agreements
have determined water rights based
on Practicable Irrigable Acres. The
Warm Springs Reservation has little
agricultural land which makes this
method impractical.
Tribal attorneys are now clarify
ing and defining more precisely some
of the statements in the proposed
agreement before the next meeting
scheduled for October at which time
tribal and state water negotiation team
Continued on page 8
(residential) high school accredited
by Northwest Association of Schools
and Colleges and the State of Oregon,
and offers a wide variety of programs
for Indian youth. The school's
beautiful campus includes 400 acres
near Salem, and is 50 miles south of
Portland. It is situated between the
majestic Cascade Mountain range and
the scenic Pacific coast
Course offerings include general,
vocational, computer, art, personal
relationships, special education,
Chapter 1, gifted and talented, career
development, and a personalized
education program where students
are provided additional academic and
remedial help evenings and week
ends. According to Gray, the school
is noted for and emphasizes alcohol
and drug educationtreatment, coun
seling and guidance, nutritional food
service, modern dormitories with an
enhanced home living environment,
varied cultural and Native American
activities, diverse athletic programs,
and a broad range of interesting
recreational opportunities. '
Chemawa graduated 44 seniors
last school year with many of those
students eagerly waiting to attend
college this fall, reported Larry Byers,
Acting Academic Department Head.
The honor roll for spring term had 34
students earning a 3.0 GPA or higher
with Kerry Moon, Colleen Walking
Eagle and Michelle Johnson receiv
ing a 4.0 GPA.
Summer is one-third over and we
are busy finalizing plans for the fall
semester. "Hopefully, all are having
a great summer and I am looking
forward to seeing the returning stu
dents as well as meeting all the new
students, stated Byers.
Chemawa School's Drug and Al
cohol Program was selected in 1990
as one of twelve (12) outstanding
programs in the Bureau of Indian
Affair's school system. The program
was determined to have made a
positive difference in the academic,
cultural, social and personal lives of
the American Indian students at
tending Chemawa. As a Bureau of
Indian Affair's Sharing Excellence
Network school, Chemawa was fea
tured in the Bureau's Annual
"Showcase of Excellence." "Many
students have been helped to over
come thcirchcmical dependency and
abuse problems through Chcmawa's
Drug and alcohol Program efforts,"
stated Gray.
A new instructional education
television news network program
(Channel One) became available for
the students this past school year. A
computerized instructional program,
Writer's Workbench is also available
for the students. Two fully equipped
computer laboratories were built and
established for students use.
Recreational and leisure activities
include skiing, river rafting, swim
ming, mountain hiking, camping,
attendance at NBA and many college
basketball games, excursions to the
Pacific coast, and participation in
many clubs, social events, student
banquets, school barbecues and pic
nics. City bus service is available to
students and staff.
Students, parents, andor guard
ians are urged to submit enrollment
applications as soon as possible to
Chemawa Indian School, 3700
Chemawa Road NE, Salem, Oregon
97305-1199, or call Kathy Murray,
Registrar, (503) 399-572 1 , extension
138, FAX (503) 399-5870.
Contact: Eugene Reddcmann,
Personnel Office (503) 399-5721,
ex tension 1 34 or Sandy Line, School
Supervisor's Office, extension 122.
Donations to fire
victims requested
Jefferson County Chapter of
American Red Cross requests dona
tions to local disaster account funds
to replace those used for victims of
the Woody Smith house fire that
destroyed residence. In the past the
local chapter has been able to gain
disaster funding assistance from
National Red Cross when their di
saster budget was depleted. This
amounted to National assistance of
over $4,000 last fiscal year. The
number andsizeof National disasters,
earthquakes, major fires, tornadoes,
hurricanes and floods, over the last
couple of years has put National
Disaster funds 30 million dollars in
the red. Therefore, National Red
Cross is looking to chapters to fund
their own recurring single family di
sasters. In order for the local chapter
top continue to assist fire victims in
time of need they need community
assistance. Donations to replace the
$750 used to date on the Smith fire
may be made to the Jefferson County
Chapter's RedCross disaster account
at the Jefferson County Chapter's
Red Cross disaster account at the
Continued on page 8
Cadets help recover drowning victim
Tribes within or outside the Reservation.
Individual Indians within me Reservition (including those with uses established under the
Tribal water code prior to this agreement).
AD non-Indian successon-in-tnierest to any allottee.
All other persons authorized use wittr by the Tribes, inside or outside erf the Raerntioo.
Warm Springs water video
available for viewing from
the tribal Natural Resources
office free of charge.
The Warm Springs and Jefferson
County 4-H Search and Rescue Ca
det Program was called into action
on June 29th to Windermere, British
Columbia. A 29-year-old Kootenay
Native drowned while crossing Toby
River on horseback. Eddie Bougne
worked as a hunting guide, and was
in the process of clearing trails when
the accident occurred.
The Canadian government
searched for the body for six hours
before calling off the search. The
Nicholas and Bougne families, both
related to the victim, then placed a
call to Keith Baker in Warm Springs
asking for assistance from the Warm
springs and Jefferson County 4-H
Search and Rescue Cadets.
A hasty team of five was as
sembled by Baker, and the crew set
out for British Columbia Monday
evening at midnight. They arrived in
Windermere at 2:30 Tuesday after
noon. Accompanying Baker on the
trip were Rain Circle and Frank
BrunoeofWarmSpringsandJeremv
Williams and Sarah Badten of Ma
dras. The body was recovered the
following afternoon at 2:30.
ine search, conducted 120 miles
north of the Canadian border, was
aided by four helicopters, two boats
and two nets. "Helicopters were used
extensively, and added in the speed
of the recovery," according to Baker.
uavia Nicholas, a first cousin to the
vicum, was in charge of the search,
with the Warm Springs and Jefferson
County Cadets operating under him.
The body was discovered by heli
copter, and Baker actually recovered
the body. The victim was flown out
by helicopter.
Baker said the Cadets had two
goals: the primary goal being to lo
cate and recover the body of the
victim, with secondary goal to teach
members of the Reserve how to run a
search and rescue operation so they
would not have to depend on the
government in the future. After ar
riving Tuesday afternoon at 2:30, the
following days were intensive for
the Cadets. Even though the victim
was located swiftly, the Cadets pro
vided training until Friday morning
when they started their journey back
to Warm Springs.
The Cadets taught mini-classes in
tracking, swift water rescue, scree
rescue (climbing and repelling with
ropes), general search and rescue,
and proper methods of coordinating
a search. Baker said the Cadets rep
resented the Confederated Tribes of
Warm Springs and Jefferson County
"extremely well, with honor and dig
nity." The Kootenay Tribe or Band
presented all five members of the
Search and Rescue Team with beaded
bracelets, and awarded each one an
eagle feather.
Baker, very proud of his young
team, said he had wanted to take
another member, Joe Scott, Jr. with
him, however he was in Montana at
the time and unavailable. Baker said
Scott is one of the climbers and
repcllers on the team, and his par
ticipation would have demonstrated
the team's ability to run a safe op
eration with someone eleven-years-old.
Baker said Scon is good in
"checking small areas because of his
size, and does a lot for the Cadet's
public relations."
The five cadets were chosen for
their areas of expertise. The Team
Leader was Rain Circle, specializing
in tracking, general search and res
cue, and overall safety. Frank Brunoe
and Jeremy Williams were chosen
for abilities in scree rescue and gen
eral search and rescue. Sarah Badten
came along for her expertise in swift
water rescue, and general search and
rescue. Baker acted as liaison be
tween the team leader and family in
charge of the search. Baker said, "All
these Cadets are instructors and are
interchangeable, but excel in their
specific areas. Everyone in the group
also function as safety officers."
All members of the Warm Springs
and Jefferson County Cadets had to
take time off from work to make the
trip to Canada. The Cadets are not
paid for search operations, and only
accept reimbursement for travel ex
penses on long distance searches.
This is their third trip to Canada.
With their mission successfully
completed, the Warm Springs and
Jefferson County 4-H Cadets arrived
in Central Oregon Saturday morning
in time for the4th of July celebration.
Baker said it was important to them
to be here on the 4th since they were
involved in a search on the John Day
River last year on the 4th and missed
the fireworks. The Cadets will be
returning to Windermere in the future
to conduct more training on the
Kootenay Reserve.
There was little rest for the Cadets
after returning home. The following
weekend, July 11th and 1 2th, the
team spent the weekend on the John
Day River in Wheeler County,
teaching swift water rescue tech
niques to the Wheeler County Search
and Rescue Team.