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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (Nov. 21, 1996)
Spilyay Tymoo Warm Springs, Oregon November 21,1996 7 Recent resolutions concern Resolution 9282 Land Purchase BE IT RESOLVED, By the 20th Tribal Council of theConfederated Tribes of the Warm Springs Reser vation of Oregon, pursuant to Ar ticles Vand VIII of theConstitution and By-Laws of the Confederated Tribes of the Warm Springs Reser vation of Oregon, to purchase 63.90 acres of formerly Warm Springs Allotment No. 360. Edna Smith, deceased, Tract No. 145 T 3180, at the negotiated consider ation of $39,000. The consideration to be paid from programmed land purchase funds; and, BE IT FURTHER RESOLVED, That the subject land is described as: An undivided 11 interest in and to: A tract of land 1 vine within sections 30, 31, township y south, range 13 east of the Willamette Meridian, Oregon, more particu larly described as follows: Beginning at the section corner common to sections 25 and 26, township 9 south, range 12 east of the Willamette Meridian, the sec tions 30 and 31, township 9 south, range 13 east; thence east 797.58 feet following the section line be tween sections 30 and 31, township 9 south, range 13 east of the Willamette Meridian, to the true point of beginning; thence N. 01 44'10" W. 2,675.08 feet; thence S. 8953'56" E. 520.28 feet; thence S. 0146'56" E. 2,675.23 feet to the section line between sections 30 and 31, township 9 south, range 13 east, Willamette Meridian; thence S. 0026'58" W. 2,659.96 feet; thence West 5522.53 feet; thence N. 0027'06" E. 2,659.96 feet to the true point of beginning, contain ing 63.90 acres, more or less. All lying within sections 30, 31, town ship 9 south, range 13 east of the Willamette Meridian, Oregon. BE IT FURTHER RESOLVED, That the Secretary-Treasurer of the Tribal Council of he Confederated Tribes of the Warm Springs Reser vation of Oregon is hereby autho rized to make payment to the Su perintendent of the Warm Springs Agency for the use and benefit of the owner upon approval of the conveyance instrument. CERTIFICATION The undersigned, as Secretary Treasurer of the Confederated Tribes of the Warm Springs Res ervation of Oregon, hereby certi fies that the Tribal Council is composed of 111 members of whom 6, constituting a quorum, were present at a meeting thereof, duly and regularly called, noticed, convened and held this 28th day of October, 1996; and that the foregoing resolution was passed by the affirmative vote of 5 mem bers, the chairman not voting, and that said resolution has not been rescinded or amended in any way. Raymond Calica, Sr., Secretary Treasurer Gordon Cannon, Superinten dent Resolution 9281 Land Purchase BE IT RESOLVED, By the 20th Tribal Council of the Confeder On Patrol by Don Courtney In Brief: With the month of November comes even colder weather as the category of people crimes tend to rise. Early month statistical data shows that domestic disturbances are at 12 calls. One particular incident resulted in the arrest of a male adult who alleged to have assaulted his neighbor after he broke out his front porch light, entered his home, and kicked in his bedroom door. The suspect was then alleged to have pointed a .22 caliber rifle at his neighbor. Charges pending include: Carrying a Weapon When Prohibited, Assault, Malicious Mischief and Reckless Endangering. Where there are domestic disturbance's, usually we find that someone was assaulted andor battered. To date, there have been 4 cases looked into that resulted in the arrest of one or both parties. In other people related incidents, there were 1 0 people arrested on local warrants, 2 resisting arrest charges, 1 disorderly conduct incident, 4 juvenile arrested for being intoxicated, 4 juveniles arrested for curfew violation, 5 noise complaints and 2 prowler calls. One noise complaint resulted in 2 people being arrested on local warrants in the Mt. Jefferson street area. On the complaint of a prowler on Bray street, one arrest was made. A total of 7 children were reported to the WSPD as being neglected. The most common area we find this neglect situation happening while on patrol, is when we come in contact with intoxicated subjects who are supposed to be watching or supervis ing their children. Motor vehicle crashes will also tend to rise as the road conditions worsen as we head into the winter season. A total of 5 motor vehicle crashes were investigated on nigh way 26 between milepost 72 and 85. Other vehicle patrol incidents ated Tribes of the Warm Springs Reservation of Oregon, pursuant to Articles V and VIII of the Con stitution and By-Laws of the Confederated Tribes of the Warm Springs Reservation of Oregon, to purchase an undivided 2240 in terest in Warm Springs Allotment No. 857, Kips, deceased, at the negotiated consideration of $958.34. The consideration to be paid from programmed land purchase funds; and, BE IT FURTHER RESOLVED, That the subject land is described as: An undivided 2240 interest in and to: SW14 section 25, town- ship 6 south, range 1 1 east of the wiiiameue Meridian, uregon, containing 160.00 acres, more or less; and, BE IT FURTHER RESOLVED, That the Secretary-Treasurer of the Tribal Council oftheConfederated Tribes of the Warm Springs Reser vation of Oregon is hereby autho rized to make payment to the Su perintendent of the Warm Springs Agency for the use and benefit of the owner upon approval of the conveyance instrument. CERTIFICATION The undersigned, as Secretary Treasurer of the Confederated Tribes of the Warm Springs Res ervation of Oregon, hereby certi fies that the Tribal Council is composed of 1 1 members of whom 7, constituting a quorum, were present at a meeting thereof, duly and regularly called, noticed, convened ana held this 28th day of October, 1996; and that the foregoing resolution was passed by the affirmative vote of 6 mem bers, the chairman not voting, and that said resolution has not been rescinded or amended in any way. Raymond Calica, Sr., Secretary Treasurer Gordon Cannon, Superinten dent Resolution 9280 Land Purchase BE IT RESOLVED, By the 20th Tribal Council of the Confederated Tribes of the Warm Springs Reser vation of Oregon, pursuant to Ar ticles V and VIII of me Constitution and By-Laws of the Confederated Tribes of the Warm Springs Reser vation of Oregon, to purchase an undivided 301680 interest in Warm Springs Allotment No. 687, Kat-is-pum, deceased, at the ne- fotiated consideration of $966.00. he consideration to be paid from programmed land,; purchase funds; and, BE IT FURTHER RESOLVED, That the subject land is described as: An undivided 301680 interest in and to: El 2 NE1 4, El 2W1 2NE14 section 35, township 6 south, range 12 east of the Willamette Meridian, Oregon, containing 160 acres, more or less; and, BE IT FURTHER RESOLVED, That the Secretary-Treasurer of the Tribal Council of fie Confederated Tribes of the Warm Springs Reser vation of Oregon is hereby autho- resulted in 2 driver's being arrested for drunk driving and numerous traffic citations issued for speeding allegations. Several inmates from the jail who were on work detail for the Utilities Department decided November 1 1 , 1996 they had other priorities, escaped during their assigned detail. Still a majorconcern, is the amount of "shots fired" complaints occurring within or nearourcommunity. These complaints are reckless in nature in that the person(s) responsible are engaging in conduct that jeopardizes all of our lives. One incident occurred at the landfill (the dump) recently where shots were fired in the area. It is unknown whether the person(s) responsible knew that other people were in the area at the time. McGruff Speaks: Hello, I'm watching early calls for the month of November, I have noticed a definite increase in the motor vehicle crashes. I would like to remind motorists out there to be extra careful during this time of year. While the roadway might appear to be okay, it can still hide a thin layer of ice that is not seen or felt until it is too late. If you are traveling over the mountain passes, leave earlier to avoid being in a rush to get to your destination. Take your timeand relax. Enjoy the sites of the winter wonderland. Closer to my dog house, I was in attendance at the recent presentation given by the Lakota woman and I must say that I was impressed by the youth's participation. Plans to address the specific concerns of the youth are pending with an audience of your Tribal Council. Simnasho officer: In a recent development in the Simnasho area, John Dcbiaso who recently assumed responsibility for the patrol of this area, has resigned his position as of November 10, 1996. While Dcbiaso did resign his land purchases- rized to make payment to the Su- perintendent of the Warm Springs Agency for the use and benefit of the owner upon approval of the conveyance instrument. CERTIFICATION The undersigned, as Secretary Treasurer of the Confederated Tribes of the Warm springs Res ervation of Oregon, hereby certi fies that the Tribal Council is composed of 1 1 members of whom 6 constituting a quorum, were present at a meeting thereof, duly and regularly called, noticed, convened and held this 28th day of October, 19; and that the foregoing resolution was passed by the affirmative vote of 5 mem- Ders,tne chairman not voting, ana that said resolution has not been rescinded or amended in any way. Raymond Calica,Sr.,Secretary Trcasurer Gordon Cannon, Superinten dent Resolution 9279 Land Purchase BE IT RESOLVED, By the 20th Tribal Council of theConfederated Tribes of the Warm Springs Reser-' vation of Oregon, pursuant to Ar ticles V and VI 1 1 of the Const i fu tion and by-Laws of the Confederated Tribes of the Warm Springs Reser vation of Oregon, to purchase an undivided 110 interest in Warm Springs allotment No. 312, Mrs. Lowlace, deceased, at the negoti ated consideration of $4,861. The consideration to be paid from pro grammed land purchase funds; and, BE IT FURTHER RESOLVED, That the subject land is described as: An undivided 110 interest in ana 10: v i tocii, section jj, township 7 south, range 11 east and Lot 1, section 1, township 8 south, range 10 east of the Willamette Meridian, Oregon, containing 96.83 acres, more or less; and, BE IT FURTHER RESOLVED, That the Secretary-Treasurer of the Tribal Council oftheConfederated Tribes of the Warm Springs Reser vation of Oregon is hereby autho rized to make payment to the Su perintendent of the Warm Springs Agency for the use and benefit of the owner upon approval of the conveyance instrument. CERTIFICATION The undersigned, as Secretary- Trihps nf the Wa rm Rpepri v . vation of Oregon, hereby certifies that the Tribal Council is com posed of 11 members of whom 6, constituting a quorum, were, present at a meeting thereof, duly 1 For further information concerning tribal resolutions, contact the Tribal Council office at 553-3257 or Tribal Management area at 553-3212 position, two other WSPD officers still live in the Simnasho area and along with the Fish & Game division, area coverage is still intact. Gang Prevention Conference: ' Gangs, Guns, and Graffiti, was the topic in what was an excellent presentation on October 28 & 29,'" 1996 as Wauneta Lone Wolf, B.A. CADC III of the Oglala Lakota Na tion addressed our community. This conference was sponsored by the WS Community Counseling Center. The WSPD wishes to extend . our thanks to the staff of the Community Counseling Center for , their hard work, dedication and commitment to making this -presentation possible for our community. To those agencies who assisted in making this presentation a success, thank you also and may we all continue to work together in making our community safer for a better tomorrow. : With permission given by Wauneta Lone Wolf, the following are excerpts from her presentation. Why Native American Youth Join? Because of reservation boredom, to establish an identity, looking for sclf pride, leadership desires, recognition, seeking knowledge, alcohol & drugs, spirituality search, unity & loyalty, music video influence, peerpressure, respect, attention, excitement, cultural desires, responsibility, family structure, bravery test, secret name, warrior worthiness and protection of land, turf, group or ; family. There is no honorable future in joining gangs. ..your future is in tradition, culture and spirituality. Definition of a Ganc? A gane is a group of people w ho individually or collectively arc engaged in anti social or criminal activity. With different levels of activ ity, there are basically two levels. First, there are Hard-core gang members who arc totally involved in gang activity and gang violence. These individuals and regularly called, noticed, convened and held this 28th day of October, 1996; and that the foregoing resolution was passed by the affirmative vote of 5 members, the chairman not vot- - ing, and that said resolution has not been rescinded or amended in any way. Raymond Calica, Sr., Secretary Treasurer Gordon Cannon, Superinten dent Resolution 9278 BE IT RESOLVED, By the 20th Tribal Council of the Confederated Tribes of the Warm Springs Res ervation of Oregon, pursuant to Articles V and VIII of the Consti tution and By-Laws of the Con federated Tribes of the Warm Springs Reservation of Oregon, to purchase an undivided 110 in terest in Warm Springs Allotment No. 311, Wal-pas-si, deceased, at the negotiated consideration of $10,400. This consideration to be paid from programmed land pur chase funds; and, BE IT FURTHER RESOLVED, That the subject land is described as: An undivided 110 interest in and to: SW14, section 33, town ship 7 south, range 11 east of the Willamette Meridian, Oregon, containing 160 acres, more orless; and BE IT FURTHER RESOLVED, That the Secretary-Treasurer of the Tribal Council of the Confederated Tribes of the Warm Springs Res ervation of Oregon is hereby au thorized to make payment to the Superintendent of the Warm , Springs Agency for the use and Denerit or tne owner upon ap proval of the conveyance instru ment. CERTIFICATION The undersigned, as Secretary Treasurer of the Confederated Tribes of the Warm Springs Res ervation of Oregon, hereby certi fies that the Tribal Council is composed of 1 1 members of whom 6, constituting a quorum, were present at a meeting thereof, duly and regularly called, noticea, convened and held this 28th day of October, 1996; and that the foregoing resolution was passed by the affirmative vote of 5 members, the chairman not vot ing, and that said resolution has not been rescinded or amended in any way. Raymond Calica, Sr., Secretary Treasurer Gordon Cannon, Superinten dent usually make up 3-5 of the total membership of any gang. The second category are Associates, these individuals are people who socialize with the gangs for status, recognition and protection. These individuals generally live in the area and are less likely to be documented through police records. Recruitment? Might be as early as 7-8 years of age. Factors to joining include peer pressure, protection, - excitement, being cool, identity, attention, respect, sense of belonging and low self-esteem. , The Future: Gangs say they offer, fun, respect excitement, identity and family. What you really get is addiction, insecurity, violence terror, and ultimately, death. So what can you do to help offset this problem? It would help to try and understand your student or teenager. Listen, Listen, Listen. Get involved in their activities. Show a genuine concern or interest over their welfare or activities. Give them long overdue praise in areas which is a great challenge to them. Listen, Listen, Listen. If they are struggling in school, get involved. Help them with their studies. If they don't have studies and other family member do, you might touch base with the school to see if their current grades support the lack of homework. If boredom is a problem, give them good positive things to do. Occupy their time so that they don't sit idle for extended periods of time. Bring back the family thing to do. Assign daily chores to help around the house. If its extra curricular activities after school, show support in these activities. If behavior is a problem, look for the appropriate resource to help in this area. If it's school behavior, you might want to consider visiting the school without notice. The more parents the school can get to help monitor the halls, help in class, assist on playgrounds, etc., the more Continued on page 10 Across the Wire.... Horses deliver ballots from Havasupai tribe FLAGSTAFF, Ariz. (AP)-lloncs laden with election ballon were set lo trudge up and oul of the Grand Canyon Wednesday, hauling their cargo from the Havasupai Indi ans en route lo the county elections office. For most elections, a helicopter delivers ballon and election equipment from the iribe lo the Coconino County elections office in Flagstaff. The tribe lives along the Colorado Kivcr at the bottom of the Grand Canyon. Hut the hclicoptcrcrashcd during another assignment last week and was out of service for this election, said Lcnnard Hltsosic, di rector of elections for Coconino County. Poll workers brought supplies and equip- Illegal slot machines continue to operate SPOKANE, Wash. (AP) They may have rejected slot machines in Indian casinos, but Washington voters can still sink their quar ters into one-armed bandits in Indian Coun try. In fact, an estimated 2,000 slot machines arc operating illegally, the state contends in casinoi operated by the Spokane and Colvillc tribes of Eastern Washington. The failure of Initiative 671 Nov. 5 only keeps slots oul of casinos operated by tribes that have signed gaming compacts with the slate. Unofficial figures the day after the election showed the initiative being rejected by 56 percent to 44 percent. Hut the Spokane Tribe of Indians and Colvillc Confederated Tribes don't have gambling agreements and continue to oper ate slot machines in their casinos under fed eral court protection. That could be coming to an end. A series of lawsuits filed by the stale and federal governments against the Spokane tribe in recent yean ii beginning to wind down. The Spokancs have operated slots under a stay, issued by the 9th U.S. Circuit Court of Appeals in San Francisco, of a federal court ruling ordering removal of the devices from the reservation. The resolution of a recent Indian gaming case favoring the state of California is ex Judge dismisses tribal lawsuit against Arizona PHOENIX (AP) The twisting course of Arizona's Indian gaming lituation took two new turns as a judge dismissed a tribe's lawsuit against the state and compact talks between the two tides began. U.S. District Earl H. Carroll dismissed what remained of a lawsuit which the Salt River Pima-Maricopa County had filed in November 1995 after Gov. Fife Symington refused lo negotiate a gaming compact like those granted to 16 other Indian tribes. Carroll's ruling this week accepted ar guments by lawyers for the state that the suit had to be dismissed on grounds that the stale and Symington have immunity under the Constitution. The dismissal represents "a 'great victory for Arizona and the important cause of self determination by the slates,"Syminglon said. "The court's ruling clearly supports the administration's position that the state need not negotiate further Indian gaming compacts for casino-style gaming on Native American lands." However, he said negotiations begun Friday with the tribe would continue "until resolution is reached" on a possible limited gaming compact. Those talks began threedays after Arizona voters overwhelmingly approved Proposition 201 , the so-called "Fairness Initiative" which requires the governor to negotiate compacts with tribes which don't have compacts but which want them. However, Symington contends he is not legally obligated under the Arizona Consti tution to sign the measure into law because it was approved only by a majority of those voting, not a majority of the state's registered voters. The tribe's lawsuit and its sponsorship of the ballot measure were prompted by Symington's refusal last year to negotiate a compact with the Salt River tribe in the wake of an August 1995 ruling by the 9th U.S. Circuit Court of Appeals. That ruling reaffirmed a lower court's decision to forbid a California tribe the Rumscy Indian Rancheria from operating slot machines and table games because they were banned elsewhere in the state. Symington has said the case mirrored Wind River tribe establishes child support agency RIVERTON, Wyo. (AP) It could take up lo two years for a new child support agency slated for the Wind River Reserva tion lo eliminate a backlog of 2,200 cases, state officials said. The federal government in October ap proved an agreement between the state De partment of Family Services and the Arapaho and Shoshone Tribal Court to bring child support activities onto the reservation. Jim Mohler, child support program man ager for the DFS, said the 2,200 cases have accumulated over the past nine years. He said it has taken three years to con form tribal law to the Social Security Act, which allows the child-support activities the tribes wanted to establish. A Douglas law firm started working on the first 10 cases Friday. Partners Kari Gray and Frank Pcaslcy said many of the children named in those 2,200 cases arc now over 1 8. That would reduce their workload, they said, adding much work remains in the three pronged process of handling the cases. Tavern may become center NESPELEM, Wash. (AP) A tavern where teen-agers used to loiter outside could soon welcome them inside with the blessings of federal prosecutors. Under terms of a proposed pica agree ment, the War Bonncl Tavern will be trans ferred lo the Colvillc Confederated Tribes, who plan lo change it into a youth center. Transfer of the tfrcrn to ihe tribe is part of the sentence federal prosecutors will ask U.S. District Judge Robert Whalcy lo impose next week on War Bonnet owner Glenn W. Grubbs Jr. Gnibbs, 42, was among 19 people ar rested on cocaine distribution charges in a raid on the tavern in August. If Whalcy ap proves ihe plea agreement, Gnibbs would be sentenced to six months in jail and forfeit the tavern. The pub's cloture came as a welcome relief, tnhal Public Works Director Frank Friedlandcr said. "1 hear people talking in the street and I think they're pretty much encouraged by the hole thing," Friedlandcr Mid. mcnt on horseback lo the lop of the canyon, where another poll worker picked ihcm up and drove the ballon lo Flagstaff, lillsosie laid. The ballon were then counted with ab sentee and early voting ballon, Eltsosie laid. The I lavaiupai Indian reiervalion hat 1 8 1 rcgiitcred voicri, but it wai not immediately known how many of those can votci Tues day, he laid. The tribc'i votci were expected to affect the Board of Supcrviiori, Congrenional District 3, Legislative District 3 and the presidential races, Eltsosie said. pected to clear the way for the federal case to proceed against the Spokancs, laid Jim Shivcly, an assistant U.S. attorney handling Indian gaming issues. "Regardless of what the 9th Circuit did, we still have the underlying issue to go for ward in District Court; that uncompactcd gaming is illegal," Shivcly said. The Colvillct have brought in slots under the Hay and Shivcly predicted legal action could follow to shut down slots in that tribe's three casinos. "We still have an unresolved situation with the Colvillc tribe," Shivcly laid. "We haven't filed anything yet, but we very well may be (filing) now." Initiative 671 would have allowed 295 electronic gambling dcvicei per tribe, with the potential lo expand to 495 after a year. If all of the compact tribes had taken advan tage, more than 1 3,000 of the gambling ma chines would have been allowed. The measure promised a portion of the gross profits for law enforcement, economic development, salmon habitat restoration and charities. A similar measure sponsored by the Spokancs and Colvilles failed at the polls last year. It would have limited the slate's role in policing casinos and offered to pay voters in exchange for approval. Arizona's position. The casinos sought by the Salt River tribe would be built on its reservation, which borders Mesa, Tempe and Scollsdale. Sixteen of the state's 21 tribes have ne gotiated compacts allowing them to operate slot machines and other casino-style games. Symington has said he negotiated those pacts "under duress" from the federal government. The Kaibab-Paiute and Hualapai tribes subsequently closed their casinos because of lack of patrons, but gambling centers have become a major revenue source for the other tribes, leading to the Salt River tribe' s pursuit of a casino for itself. One of three counts in the Salt River tribe's suit had been dismissed earlier by Carroll in the wake of a U.S. Supreme Court ruling earlier this year. Thai ruling said the Constitution's 1 1 th Amendment did not allow Congress through the Indian Gaming Regu latory Act to abrogate states' sovereign im munity. The tribe's lawyers did not contest dis missal of that count but opposed the state's attempt, argued before Carroll in July, to have the judge dismiss the remaining two counts. The state's lawyers argued for dismissal of theothercounts on grounds that Symington, in acting on gaming compacts, was acting for the Legislature and that legislative actions enjoy immunity from lawsuits. "This court concludes that the decision to enter into a tribal-state gaming compact is a legislative function which has been delegated to the state governor, in this instance. Gov. Symington. The court further concludes that such decision, delegated by the Legislature to the governor, is entitled to absolute im munity," Carroll wrote in ordering dismissal, Ian MacPherson, one of the state's law yers, said it was too early to assess the impact of the ruling. "I can assure you that there will be a lot of discussions going on amongst everybody," he added. One of the tribe's lawyers said he did not know whether the tribe would appeal Carroll's dismissal of the other two counts. However, he said the tribe's lawyers still did not accept the state's claim of legislative immunity. The tribe would appeal it on that basis. First, officials will seek to establish pa ternity for children bom out of wedlock. That could require DNA testing in some cases. Enforcement is the second part of the process. Existing tribal law has no method of enforcing child-support laws. Gray said es tablishing ways to enforce the laws is an important first step toward solving the prob lems. The third step of the process is determin ing the parents' financial situation and who has custody of a particular child. Tribal Court Judge John St. Clair said the new federal welfare reforms, which include possible block grants lo assist Indian reserva tions with child support activities, could complicate the process. If that doesn't work on the Wind River Reservation, he said, a cooperative program between the tribes and the state could be a viable option. New Mexico, Arizona and Washington arc the only other slates which allow feder ally funded child support activities on Indian reservations, according to the DFS. for Colville teenagers The War Bonnet served as a "social melt ing pot" for the reservation town, offering a place for adults to socialize and teens to hang around outside the door. But tribal members increasingly shun al cohol and want to keep it away from their children, said Friedlandcr, a grandparent and civic leader. In exchange for Gnibbs' guilty plea to misdemeanor possession of cocaine, the as sistant U.S. attorney agreed todismiss charges that Grubbs operated a drug-manufacturing establishment and used his business lo pro mote crimes. Following a two-year investigation by several law-enforcement agencies, Grubbs and 18 others were indicted in August on numerous drug-trafficking charges involv ing cocaine between September 1994 and May 1996. Of those, seven have pleaded guihy and nx are awaiting sentencing. Calvin Pakootat, 43, w as sentenced to six months of probation. The remainder are aw ailing arraignments or tnal.