2 October 10, 1996
Warm Springs. Oregon
Spilyay Tymoo
Confederated Tribes included....
Coalition wins decision against US Forest Service
Dan Kneale joins Warm Springs Police department as new Chief.
Kneale named new PD chief
Former Chief Of Police of
Warrenton, Oregon Dan Kneale has
accepted the Chief of Police position
in Warm Springs as of September
23. Acting Chief Of Police Carmen
Smith will return to his regular duties
as BIA Criminal Investigator.
Kneale, who was born in Mason,
Michigan in February 1949, left
Warrenton looking for challenge in
his line of work. "Another reason I
took this position is because I wanted
to learn another culture and be around
a different society," says Kneale. "I
enjoy hunting, fishing, backpacking,
boating and most outdoor activities."
"I've been involved with law
enforcement for the past 26 years,"
says Kneale. "I graduated from
Lasalle High School in St. Ignace,
Michigan and also hold a Bachelor
of Science degree in Criminal Justice
from Ferris State University located
in Big Rapids, Michigan."
Kneale attained a few graduate
credits from the FBI National
Academy, during the 1 82nd session
in 1995. He is an active member of
the Oregon Association of Chiefs of
Police, National Association of
Chiefs of Police, and the Oregon
Executive Development Institute.
Kneale served in the US Army from
1968 to 1970, with his tour of duty
was Vietnam. Kneale returned home
with an Honorable, Staff Sergeant
(E-6) Discharge, three Bronze Stars,
three Purple Hearts and eight other
medals.
In 1971 Kneale accepted a
patrolman's position for the Big
Rapids Police Department in Big
Rapids, Michigan. He has been
involved with law enforcement ever
since.
Before accepting the position at
Warm Springs, Kneale was the Chief
of Police for the Warrenton, Oregon
Police Department for over five years.
Kneale and his wife and five-year-old
son will be living in the Madras
area.
On September 17, 1996, the
Oregon District Court issued a
sweeping victory for a coalition of
conservation groups including the
Confederated Tribes of Warm
Springs over the US Forest Service.
The coalition sued Jack Ward
Thomas, Chief of the US Forest
Service, over the agency's failure to
protect water quality from pollution
caused by livestock grazing in and
along Camp Creek, a tributary of the
John Day River. Judge Ancer
Haggerty agreed with the
conservationists and tribes that the
federal Clean Water Act requires state
certification, which ensures water
quality standards are being met,
before a federal grazing permit may
be issued. The judge further
prohibited the Forest Service from
issuing any grazing permits until an
applicant for a grazing permit first
obtains state certification.
"This is clearly a victory for states
rights," said Mike Axline, attorney
for the plaintiffs. Until now, states
have had no clear authority over
federal activities, like livestock
grazing, that impair water quality.
'This is a great decision for the states
and salmon. No longer do states need
to have their hands tied when the
federal government grants grazing
permits that destroy salmon habitat,"
said Kalherine Ransel with the
American Rivers, one of the plaintiff
groups.
Perhaps more importantly, the
Judge settled a long standing question
ruling that socallcd non-point source
pollution, caused by activities like
grazing, mining and logging, is
included under the definition of
discharge as used in the Clean Water
Act.
The court also affirmed the
standing of the Confederated Tribes
of Warm Springs in the litigation
based on possible injury to the tribes'
treaty rights by the government's
actions in the John Day basin, which
is located in the ceded lands of the
Tribes. Once numbering 1 00,000, the
John Day's salmon run is down to
3,000 fish. "Because of low fish
population, the Tribes have not been
able to meaningfully exercise their
treaty right," said Howie Arnett,
attorney for the Tribes.
This decision comes only five
weeks before the voters of Oregon
will decide on Measure 38, which
would restrick livestock in and along
polluted streams in Oregon, including
Camp Creek. Unlike Measure 38,
this decision only applies to federal
lands. Private lands are still the
primary source of non-point
pollution.
The lawsuit is important because
of the wide spread damage caused by
livestock to streams and fish habitat
throughout the West. Livestock
remove protective streamside
vegetation and break down
streambanks. Over time, streams that
once ran cool and clear, now flow
dirty and warm. In Oregon, the
Department of Environmental
Quality identified livestock grazing
as polluting more stream miles than
any other activity. The John Day
River is notorious for exceeding
water temperature standards,
commonly exceeding stream
temperatures that are lethal to fish
during the summer when water flows
are at their lowest. Several years ago,
dead stcelhead were found floating
in the Middle Fork of the John Day,
immediately upstream from the
Camn Creek grazing allotment.
The John Day River issued by
salmon that require cool, clear water
to survive. "Cows and water don't
mix. Until we stop letting cows run
freely in the public's streams, we arc
not going to restore salmon habitat,"
said Bill Marlctt, executive director
ofONDA.
The conservation groups are
represented by the Western
Environmental Law Center in Eugene
and include the Oregon Natural
Desert Association, Rest the West,
Oregon Natural Resources Council,
Oregon Wildlife Federation, The
Pacific River Council, Portland
Audubon Society, Northwest
Environmental Defense Center, and
Trout Unlimited. The Confederated
Tribes of the Warm Springs
Reservation of Oregon are
represcntatcd by the law firm of
Karnopp, Peterson, Noteboom,
Hubcl, Hansen and Arnett.
Flu shots given at different locations
Warm Springs Recreation Department
presents
Halloween Carnival
October 3 1st
Warm Springs Community Center
Carnival 6 p.m.
Bingo 7 p.m.
Dance 9 p.m.
For more information
call: Recreation Dept. 553-3243
Flu season is fast approaching.
Influenza (flu) is a highly infectious
viral illness which can last from two
to seven days. Symptoms include
fever, headache, non productive
cough, and sore, achy muscles. Flu
germs are spread through the air by
droplets from the respiratory tract of
infected person(s) and also by direct
contact.
Area residents and employees are
urged not to be caught off guard. A
flu shot is needed every year because
the strains of influenza are different
each year. The flu shot is especially
recommended for adults and chil
dren with chronic health conditions
and their household contacts and
persons over age 65.
The Public Health Nursing De
partment is giving flu shots at vari
ous locations on the reservation.
There is no charge and an appoint
ment is not necessary.
Anyone who is eligible to receive
care at the IHS clinic may receive a
flu shot.
For further information, call the
Public Health Nursing Department
at 553-1196 ext. 4161.
102896 11 a.m. to 1 p.m.
Tribal Admin. Bldg Conf. rm. 2
102996 12 to 1 p.m. Sr. Ctr.
1 02996 2 to 4 p.m. WS Health
& Wellness Ctr. Pod A
103096 11 :30 a.m. to 1:30 p.m.
Com. Counseling Ctr
103 196 2 to 4 p.m. WS Forest
Products.
Gangs, guns,
grafitti topic of
workshop
Warm Springs Community
Counseling will be sponsoring a gang
awareness workshop October 28 and
29, at the Warm Springs Longhouse.
Guest speaker will be Wauneta Lone
Wolf, an Oglala Sioux, from Phoenix.
On Monday, October 28, from 9
a.m. to 12 noon, Lone Wolfe will be
speaking with school representatives,
community counselors and Warm
Springs Police Department. From 4
to 9 p. m. their will be an open forum
for local youth. A meal, sponsored
by the Warm Springs Community
Center, will be served.
On Tuesday, October 29, from 9
a.m. to 1 2 noon, there will be an open
forum for community member.
Lone Wolfe is a well-known
specialist on gang related activities
on reservations. Lone Wolfe has
spoken at various workshops across
the United States.
Robert Wood Johnson Foundation
presents
Family Jamboree Day
(October 23rd
Warm Springs Community Center
Social Hall
Feed - 6 p.m.
Pumpkin Party 6:30 p.m.
Entertainment 7:30 p.m.
Judging 8:30 p.m.
For more information
call Recreation department 553-3243
New Clinic hours
Effective September 11 through
October 4, 1996.
Monday through Friday 8 a.m. to 5 p.m.
No late clinic due to shortage of staff.
Effective October 7, 1996 hours will be
Monday thorough Thursday 8 a.m. to 8 p.m.
Tribe, state at odds over 1865 Treaty Continued from page 1
instances where the Unitd States and
the State have continually recognized
the validity and existence of the rights
reserved by the Treaty of 1855 will
be documented in materials the Tribe
is preparing to submit to Kitzhaber
and Attorney General Ted
Kulongoski.
The Tribe reaffirms their
commitment to carry on their long
standing policy of cooperation and
good neighbor relations with those
non-Indian citizens who live in the
Central Oregon area. In particular,
the Tribe will continue to observe
existing agreements with the State
concerning the exercise of 1855
Treaty rights. Additionally, the Tribe
is proceeding to finalize the pending
Water Settlement Agreement with
federal officials. The Tribe hopes
the State will join in concluding what
the tribal, US and state governments
have all worked so long and hard to
accomplish.
Tribal officials feel that the one
and only action that the State can do
to repair the damage to the tribal
state relationship would be to support
passage by the next Congress of a
bill accomplishing what S. 2102
intended, legislatively nullifying
what the parties and the courts have
recognized noes not exist, the Treaty
of 1865.
This is a unique situation.
Although there were many unjust
treaties with Indians in the 19th
century, this one is so clearly
fraudulent and reprehensible that it
was unrecognized and unenforced
from the outset, and remains so today.
Moreover, this treaty is so offensive
and dishonorable that both treaty
parties, the Tribe and the US, agree
that legislation should confirm what
has otherwise been recognized,
nullification of the Treaty of 1865.
The 1865 Treaty is considered
"supplemental" to the Treaty of 1 855.
Provisions include:
Purports to relinquish all off
reservation rights (fishing at usual
and accustomed places, hunting,
grazing and food gathering on
unclaimed lands) reserved in Article
1 of the 1855 Treaty with the Tribes
of Middle Oregon.
Prohibits Indians from leaving the
Reservation for any purpose without
first obtaining a written permit from
the Agency Superintendent.
Historical documents show that
Indian signatories understood the
agreement as providing a pass system
identifying Indians leaving the
Reservation to exercise off
reservation rights as from a friendly
treaty tribe and distinguishing them
from hostile Indians who were raiding
in the area. It was never understood
or explained that the Treaty
relinquished all off-reservation rights,
or that Indians could not leave the
Reservation without the
Superintendent's written consent.
The Treaty was immediately
repudiated by the Indian signatories
who have refused to abide by its
provisions for 130 years. The United
States has never attempted to enforce
the provisions of the 1865
Supplemental Treaty, nor has the
United States, in modern times,
acknowledged its validity.
The validity of Warm Springs off
reservation treaty rights based on the
1 855 Treaty with the Tribes of Middle
Oregon (the provisions supposedly
relinquished by the 1 865 Treaty) have
been acknowledged and confirmed
in numerous federal court decisions.
(See Sohappy v. Smith, 1969;
Sohappy v. Smith, 1976; United
States v. Oregon, 1 98 1 ; US v. Oregon
1983; US v. Oregon 1985; US v.
Oregon 1987; US v. Oregon 1988;
US v. Oregon, 1990; Confederated
Tribes v. Baldrige, 1985;
Confederated Tribes v. Baldrige 1 995
and ONDA at al v. Thomas, 1996.)
The validity of Warm Springs off
reservation treaty hunting rights
based on the 1855 Treaty and the
state's conservation-based authority
to regulate such Warm Springs treaty
hunting, is confirmed by the Oregon
State Court decision of State v. Jim,
81 OrApp 189(1986).
Congress has enacted numerous
laws recognizing Warm Springs off
reservation treaty rights, thereby
repudiating by implication the 1865
Supplemental Treaty. In 1888, the
Spilyay Tymoo
Publisher: Sid Miller
Editor: Donna Behrend
ReporterPhotographer: Selena T.Boise
ReporterPhotographer: Bob Medina
ReporterPhotographer: Dan Lawrence
Secretary: TinaAguilar
Founded in March 1976
Spilyay Tymoo is published bi-weekly by the Confederated
Tribes of Warm Springs. Our offices are located in the
basement of the Old Girl's Dorm at 1 1 15 Wasco Street Any
written materials to Spilyay Tymoo should be addressed to:
Spilyay Tymoo, P.O. Box 870, Warm Springs, OR 97761
(541) 553-1644 or 553-3274 - FAX NO. (541) 553-3539
Annual Subscription Rates:
Within U.S. - $9.00 Outside U.S. - $15.00
Spilyay Tymoo 1996
SliiliMdiE)
(S(S)(U)
government appropriated $3,000 to
purchase land on the Columbia River
to assist Warm Springs fishing. In
1917, $5,000 were appropriated to
purchase tracts of land on the
Columbia River to provide fishing
grounds for Warm Springs and other
Middle Oregon Tribes. In 1 929, lands
at The Dalles-Celilo section of
Columbia River were transferred to
the Secretary of Interior for the use
and benefit of Warm Springs and
other Indians fishing at the site. In
1945, authorization and
appropriation at $50,000 to acquire
lands and facilities to replace Warm
Springs and other tribes' fishing
grounds submerged as a result of
construction of Bonneville Day. In
1 947, the government purchased 34 1
2 acres of land at Celilo Falls for use
by Warm Springs and other tribes. In
1953, funds were appropriated for
payment to Warm Springs and other
tribes whose fishing sites would be
impaired by construction of The
Dalles Dam. The 1988 Columbia
River Gorge National Scenic Area
Act exempts treaty and other rights
of the Confederated Tribes of the
Warm springs Reservation of Oregon
from effects of the Act. In 1988, $2
million were appropriated for
Columbia River fishing in-lieu sites
for members of Warm Springs and
other Columbia River Treaty tribes.
The Oregon legislature has also
enacted statutes which recognize the
Warm Springs off-reservation 1855
Treaty rights.
i
Vivian Goodson's name was again pulled out for the fourth and
final September Geo Tracker 4x4 give away at Indian Head
Gaming Center on September 29. Goodson could not collect the
prize though, due to casino rules, which allow one Geo Tracker per
person in the September promotion. Goodson was awarded $200
dollar instead. The winner of the Geo Tracker 4x4 at the casino
was Carolyn Patterson of Portland.
Patterson was very excited when she heard her name over the
loud speaker. "This is my second vehicle that I've won at Indian
Head Gaming Center," says Carolyn. The first car I won was also
a Geo Tracker. I won that one at the tempory facilities in 1995. I've
had my name in the box over 100 times. I make the trip here from
Portland quite often," says Carolyn. " I have alot of fun."
Management at Indian Head Gaming Center extends hearty
congratulations to all four September Geo Tracker winners Marvin
Ike, Vivian Goodson, Tim Snodgrass and Carolyn Patterson.
On October 27 Indian Head Gaming Center will be giving away a
full size 1996 Dodge Ram pickup. A person becomes eligible with
every $50 dollar jackpot by playing the Slots, Keno, Blackjack or
Poker.
u
Red Ribbon Week
observed October 23-31
Red Ribbon Week will be celebrated nationwide
. starting October 23 and ending October 31 . This
celebration is designed to raise awareness about the
importance of living a healthy, drug-free life. Red
ribbons displayed on flagpoles and other paces
throughout the state is to "paint the state red" with
the goal to reach millions of Oregonians with the Red
Ribbon message. The goal of this Red Ribbon Week
is to increase awareness of the dangers of drug
abuse and to serve as a vehicle to visibly commit to
the goal of a drug-free America.
Brought to you by Warm Springs Healthy Nations.
Together we are making a difference in
Warm Springs.
This is an alcohol and drug-free place.