SpilyayTymoo
Warm Springs, Oregon
December 5, 1996 5
Resolution details annual allowable cut amendment
Renolulion 9285 Ordinance 74
Amendment
WHEREAS. The Confederated
Tribes of the Warm Springs Reservation
of Oregon in I9K6 approved Resolution
7410 culling for the use of an integrated
planning approach in the development
of all future resource management plans;
and.
WHEREAS. The United Stales
Government is required under its Trust
Responsibility, laws and regulations to
manage and protect the physical, bio
logical, social and cultural resources of
Native Americans, in the case of (he
Con federated Tribes of l he Warm Springs
Reservation of Oregon (CTWS). those
obligations are based on the Treaty of
June 25. 1855. with the Tribes and Bands
of Middle Oregon and other applicable
statutes, regulations, and case law,
therefore, the CTWS and Bureau of In
dian Affairs (BIA). Warm Springs
Agency, prepared an Integrated Resource
Management Plan (IRMP I) for the
Forested Area of the Warm Springs
Reservation; and,
WHEREAS, The CTWS adopted
Tribal Ordinance 74 for the purpose of
the IRMP I to provide management di
rection for the use andor protection of
the natural resources, as thecase may be,
within the Forested Area of the Reser
vation, and is in the best interest of the
CTWS, and is in conformance with the
Constitution and By-Laws and Corporate
Charter of the Tribes; and,
WHEREAS, The Tribal Council
adopted Resolution No. 8296 on July 3 1 ,
1991, whereby the allowable cut will be
phased in over the next five years; and,
WHEREAS, WhenTribal Ordinance
74 and IRMP I was adopted, the Tribal
Council selected the Kalancc Alternative
except that the recommended allowable
cut of Timber would be phased in as
listed below, recognizing that (he sus
tainable level ol timber harvest will vary,
(51.8 56.6) MMBF. depending upon
operational level forest management
decision to be made in the near future;
and,
Wl IEREAS, Tribal Ordinance 74 and
Resolution No. 9046 designated and
authorized the Secretary-Treasurer and
BIA Agency Superintendent to imple
ment IRMP I recognizing that it may
need to be amended to meet changing
Tribal demands and changing forest
technology. Therefore, IRMP I may by
Tribal Council resolution to meet
changing Tribal direction; and,
WHEREAS, The CTWS Tribal
Council adopted Resolution No. 8646,
"A Timber Allocation and Sales Agree
ment Between the Confederated Tribes
of the Warm Springs Reservation of
Oregon, Warm Springs Forest Products
Industries, and First Interstate Bank of
Oregon, a National Banking Associa
tion", which in section 5 d. Timber Vol
umes states that "In accordance with the
Tribal Council Resolution No. 8296,
passed on July 31, 1991, the annual
allowable nil shall be as follows:
provided, that any volume not harvested
by Enterprise in the year designated
may be carried over by Enterprise for
harvest in future years, by Tribal Council
Resolution. Enterprise harvest volume
shall not deviate from the designated
volume in any one year by more than
ten percent nor more than live percent
for any successive five-year period;"
and,
WHEREAS, Tribal Ordinance 74
does not stale that harvest volumes may
deviate from the designated volume in
any one year by more than ten percent
nor more than live percent for any
successive live-year period, so Tribal
Ordinance 74 and Tribal Council
Resolution No. 8646 are in conflict;
and,
WHEREAS, Tribal Ordinance 74
and IRMP I slates that (he annual al
lowable limber cut for 1996 will be 55
MMBF; and.
WHEREAS, The Jefferson Fire
Salvage Ti mber Sales and the blowdown
material caused from the fall 1995 and
winter 1996 wind storms created un
expected amounts of timber volume
that WSI'PI needed to harvest and
capture value; and,
WHEREAS, Due to the Jefferson
Fire Salvage, blowdown material and
to take full advantage of existing timber
markets WSFPI plans to cut 60.5
MMBF; and,
BE IT RESOLVED, The Tribal
Council approves to amend Tribal Ordi
nance 74 through this resolution to meet
changing Tribal direction lor the 1996
annual allowable cut of timber from 55
MMBF to 60.5 MMBF;
BE IT I URTI IER RESOLVED. That
this resolution will only be for 1996
allowable cut of timber due to the
Jefferson Fire Salvage, the blowdown
material and to lake full advantage of the
limber markets; and,
BE: IT I URTI IER RESOLVED. That
the WSFPI harvests the 60.5 MMBFprior
to December 31, 1996, then harvesting
activities would be slopped, until Janu
aiy 1, 1997, when Tribal Ordinance IRMP
I annual allowable cut of timber will be
in between 51.8 and 56.6 MMBF.
CERTIFICATION
The undersigned, as Secretary-Treasurer
ol the Confederated Tribes of Warm
Springs Reservation of Oregon, hereby
certifies lhal the Tribal Council, com
posed of 1 1 members of 8 constituting a
quorum, were present at a meeting
thereof, duly and regularly called, no
ticed, convened and held this 1 2th day of
November, 1996; and that the foregoing
resolution was passed by the affirmative
vole of 7 members, the Chairman not
voting; and that said resolution has not
been rescinded or amended in anyway.
Raymond Calica, Sr., Secretary
Treasurer Karmen Blake for Gordon Cannon,
Superintendent
Across the Wire....
Push exists to eliminate all gambling
MADISON. Wis. (API-Gambling op.
pononis suy I hey will mount another push to
eliminate the suite lottery und curb tribal
gaming operations in the next legislative
session, although they admit winning pussuge
won't be easy.
"I don't want to sound too pessimistic,
but I huvc my doubts. I doubt whether a
majority of the Legislature would support
(eliminating gambling) ut this lime," said
Sen. Fred Kisser, D-Madison, who has pro
posed abolishing the slate lottery and with it
the legal justification for Indian gaming.
Kisser plans to iniroduec a resolution in
the new session, which starts in January, lo
begin the process of repealing the 1987
amendment to the stale Constitution thai
legalized the lottery.
Because a federal judge later used that
ainendnicnl as the legal grounds for permit
ting Indian casinos in the slate, Kisser said
repealing the lottery amendment also would
shut down the casinos.
Sen. Robert Welch, R Kedgrunilc, laid
he will propose legislation lo curb Indian
gaming by requiring the Legislature to rutify
nil state-tribal gaming compacts.
He also is considering legislation "lo just
shut these casinos down" by prohibiting the
governor from negotiating gaming compacts
with tribes.
Hut Welch, like Kisser, acknowledges
support for such measures likely will be
scarce.
"It's a tough political vote for some people
in the Legislature," Welch said. "It's an issue
a lot of politicians would not want to take a
position on at all."
The lottery has fallen on hard times in
recent months on two fronts.
First the stale announced the lottery lax
credit this year would be at all-time low of
uhoul $100.
Then a Dane County judge ruled lhal the
credit was unconstitutional and barred the
state from disbursing the lottery lax credit
under current rules.
Hotel sued, again, for alcohol-related death
AAC before Amendment
Calendar year 1992 1993
MMBF 75 70
MMBF Million Board Feet
1994
65
1995
60
1996
55
1997.
(51.8.
2002
56.6)
AAC after amendment-
Calendar year 1992 1993 1994 1995
AAC (In MMBF) 75 70 65 60
AAC Annual Allowable Cut
1996-2002
not less than 50.3
Dividend, scholarship, pension subject of resolutions
Resolution 9287 Transfer of
funds to Kah-Nee-Ta
WHEREAS, The flood of the
winter of 1996 caused severe dam
age to Kah-Nee-Ta Resort with esti
mated restoration costs of approxi
mately $4,500,000 beyond insurance
proceeds and other non-tribal
sources; and,
WHEREAS, In addition to the
economic loss due to physical dam
age, the village area of Kah-Nee-Ta
Resort has been totally closed from
the time of the flood and cannot be
restored to full operations until ap
proximately January 1998, resulting
in significant loss of business to the
Resort and to Indian Head Gaming
Center which threatens the economic
stability of these tribal enterprises;
and,
WHEREAS, Kah-Nee-Ta Resort
was in need of maintenance and
capital improvements due to wear
and tear and in order to maintain the
stature and competitive position of
the Resort; and,
WHEREAS, The restoration of
Kah-Nee-Ta Village has been under
taken and is ongoing at the present
time and the costs of such restoration
will not be totally covered by insur
ance proceeds, funds from FEMA,
and other non-tribal sources; and,
WHEREAS, There are funds ap
propriated forthefollowingpurposes
and amounts;
Capital Projects Funds
Vehicles $188,619
Buildings 110,852
Equipment 166,703
Repair Reserve
Vehicle Major Repair
49,347
WaterSewer 373,729
Tribal Roads 35,471
, Range Improvement 13 , 695
Unprioritized Capital
444,106
Group Benefits Reserves
213.590
$1,596,112
which funds could be transferred for
Kah-Nee-Ta purposes by the Tribal
Council; and,
WHEREAS, It is necessary to re
program such funds in order to meet
the 1996 payments on the costs of
Kah-Nee-Ta Village restoration and
to maintain operations at Kah-Nee-Ta;
now,
BE IT RESOLVED, By the 20th
Tribal Council of the Confederated
Tribes of Warm Springs Reservation
of Oregon, pursuant to Article V,
Section 1 (t) of the Constitution and
By-Laws, as amended, and Ordinance
No. 67, that the amount of $ 1 ,596, 1 1 2,
previously appropriated for the pur
poses described above are hereby
transferred for expenditure for resto
ration, operations and capital of Kah-Nee-Ta
in the calendar year 1996.
CERTIFICATION
The undersigned as Secretary
Treasurer of the Confederated Tribes
of the Warm springs Reservation of
Oregon, hereby certifies that the
Tribal Council is composed of 1 1
members, of whom 9 constituting a
quorum were present at a meeting
thereof, duly and regularly called,
noticed, and convened and held this
30th day of October, 1996, and that
the foregoing resolution was passed
by the affirmative vote of 7 members,
I member opposed and the chairman
not voting, and that the said resolu
tion has not been rescinded or
amended in any way.
Raymond Calica. Sr., Secretary
Treasurer Gordon Cannon. Superintendent
Resolution 9293 Special Dividend
Payment
WHEREAS, The Tribal Council
of the Confederated Tribes of the
Warm Springs Reservation of Or
egon has considered the economic
conditions of the community; and,
WHEREAS, Current economic
conditions, and especially on the
Warm Springs Indian Reservation,
have resulted in economic hardship
for many families and individual
members of the Confederated Tribes
of the Warm Springs Reservation of
Oregon; and,
WHEREAS, Such economic con
ditions necessitates the Tribal Council
provide for a special per capita dis
tribution to the enrolled members of
the Confederated Tribes of the Warm
Springs Reservation of Oregon
without any withholding for financial
obligations to the Confederated
Tribes of the Warm Springs Reser
vation of Oregon; and,
WHEREAS, The financial posi
tion of the Confederated Tribes will
need extremely careful management
in the years to come to accomplish
specific goals of economic develop
ment, community facilities, housing
and credit needs; now, therefore,
BE IT RESOLVED, By the Tribal
Council of the Confederated Tribes
of the Warm Springs Reservation of
Oregon that in accordance with au
thority granted in Article V, Section
1 (0, as amended, of the Constitu
tion, and Section 8 of the Corporate
Charter, a special per capita distribu
tion is hereby authorized in the
amount of $750 dollars for each eli
gible members who appears on the
roll as of December 10, 1996 and
that the current year's budget is
hereby amended in the amount of
$2,792,250 to cover such payments;
and,
BE IT FURTHER RESOLVED,
That this special per capita be dis
tributed on December 18, 1996 and
be directly to all members, with the
following conditions:
a. Individual members that need
their money programmed; Such
money shall be deposited into their
Individual Indian Monies account for
supervised expenditure if, in the
Superintendent's opinion, this is in
the best interest of the people in
volved. b. Those members that are delin
quent in their indebtedness to the
Confederated Tribes shall receive a
memorandum reminding them of
such delinquency and urging them
to voluntarily take action to bring
such indebtedness current to pre
serve the overall economic health of
the Confederated Tribes.
BE IT FURTHER RESOLVED.
That any future special dividend
payments are clearly expected to be
reduced in order to protect financial
status of the Tribe and relieve the
dependencies created by the special
dividend payment
CERTIFICATION
The undersigned as Sccrctary
Treasurerofthe Confederated Tribes
of the Warm Springs Reservation of
Oregon, hereby certifies that the
Tribal Council is composed of 1 1
members, of whom 10 constituting
a quorum were present at a meeting
thereof, duly and regularly called,
noticed, and convened and held this
27th day of November, 1996, and
that the foregoing resolution was
passed by the affirmative vote of 8
members, 1 member abstaining, the
chairman not voting; and that the
said resolution has not been re
scinded or amended in any way.
Irene Wells for Raymond Calica,
Sr., Secretary-Treasurer
Marjory Hyde for Gordon Can
non, Superintendent
Resolution 9291 Scholarship
Trust Fund
WHEREAS, The Tribal Council
has established the Warm Springs
Scholarship Trust Fund for the pur
pose of providing assistance to Tribal
members in obtaining education;
and,
WHEREAS, It is the stated policy
of Tribal Council that the fund be
managed with the objective of be
coming self-sustaining; and,
WHEREAS, The Tribal Council
has reviewed the anticipated rev
enues of the Education Scholarship
Trust Fund and the amounts needed
to provide for scholarships for Cal
endar Year 1997; and,
WHEREAS, The amount of
$500,000 is recommended for ex
penditure for the purpose of provid
ing higher education and $100,000
is recommended for providing vo
cational education scholarships for
the Calendar Year 1997; and,
WHEREAS, The recommended
expenditure of $600,000 from the
fund is consistent with the long term
objective of the fund; now, therefore
BE ITRESOLVED, By the Tribal
Council of the Confederated Tribes
of the Warm Springs Reservation of
Oregon, Pursuant to Article V, Sec
tion 1 (t) of the Constitution, that an
amount not to exceed $600,000 is
hereby authorized for expenditure
from the Scholarship Trust Fund for
Calendar Year 1997.
APPROVED December 27,
1 996 1 0 present; 9 voted yes; chair
man did not vote.
Signed by Irene Wells for
Raymond Calica, Sr., Secretary
Treasurer Marjory Hyde for Gordon Cannon,
Superintendent
Resolution 9290 Senior Citizen
Pension Fund
WHEREAS, The Tribal Council
has established the Warm Springs
Senior Citizen Pension Fund for the
purpose of providing payments to
Tribal Members who have attained
the age of 60; and,
WHEREAS, It is the stated policy
of the Tribal Council that the fund be
managed with objective of becoming
self-sustaining; and,
WHEREAS, The Tribal Council
has reviewed the anticipated revenues
of the Senior Citizen's Pension Fund
and the estimated amounts needed to
provide for pension payments in the
future; and,
WHEREAS, The recommended
BETHEL (AP) A second lawsuit has
been filed against a local hotel for the alcohol-related
death of a patron, and Native
leaders say a "cycle" of violence prevails at
some unscrupulous inns.
"People can no longer lake advantage of
other people because Ihcy cannot lake care of
themselves, due to their addiction to alcohol,"
Myron Naneng, head of the Association of
Village Council Presidents, told the Tundra
Drums newspaper.
In a letter Oct. 24 lo Bethel's cily manager,
Nanengjoined the Yukon-Kuskokwim Health
Corp. in asking cily help to "end this cycle of
violence and death against our people in
these hotels."
The council said efforts lo collect damages
from the hotels has been thwarted because
the businesses lack sufficient insurance.
The issue was addressed at a city council
meeting Nov. 12, when Mayor Ruth
Richardson proposed an ordinance requiring
all local lodgings lo carry al least $1 million
in general liability insurance,
The ordinance will be voted on later.
The Drums reported Thursday that
Bethel's Village Motel was the target of a
lawsuit brought by the family of a woman
who died there two years ago.
Claimants said Minnie Roland died of
excessive alcohol consumption. Her body
was found in Ihc motel's lobby.
The complaint raises issues similar to
those in a lawsuit filed against the motel by
Ihe family of Helen Hunter, a Scammon Bay
resident whose body was found Oct. 20 in her
motel room. The family claims Hunter also
died of excessive drinking.
Naneng said unscrupulous hotels were to
blame for at least four alcohol-related deaths
in Bethel since 1986.
One hotel owner said he hoped the council
would distinguish among the businesses.
"We're not babysitters," said Ron Jack
son, owner of ihe Kuskokwim Inn. "It's lime
for people to learn that they have to take
responsibility for themselves."
Lee Sharp, Bethel city attorney, said Ihe
insurance requirement may not be a "cure
all," since an insurance claim may be rejected
for numerous reasons.
But Naneng said in his letter that Natives
leaders were prepared to act against problem
holds if the cily did nothing. "(We)are going
lo do whatever it takes to close these opera
tions down," he said.
Tribe declares war on reservation violence
FORT HALL, Idaho (AP) Something
discovered recently on the Shoshone
Bannock Reservation has been declared con
tagious and is expected to spread to sur
rounding areas.
That discovery is an enormous desire to
heal the hurt and violence in the community.
Don Coyhis, founder of White Bison, a heal
ing program, said the process causes a ripple
effect that is felt by cities all around.
He spent a Friday and Saturday doing
core group (raining with more than 50 Fort
Hall area residents. They are men and women
of many races who have volunteered to be
soldiers in the tribes' recently declared war
on violence.
The Community War on Violence group
held its first meeting last March. The 39
people attending identified 53 causes of vio
lence on the reservation. They ranged from
broken homes, to loss of tradition and culture
to neglect and denial.
The following month, the group con
densed the list down to the three most pressing
causes of violence. They are drugs and al
cohol, lack of education and parenting skills
and the need to update the tribal law and
order code.
The Fort Hall Business Council adopted
an ordinance in May that declared war on
violence and pledged support in the fight .
against it.
Several Fort Hall men showed their sup
port by attending the Native American Men's
Gathering in Pike National Forest. Colo. That
is where they met Coyhis, a member of the
Mohican Nation from Wisconsin.
"I spent 15 years in business before a
vision of the white bison led me to this
destiny," he said.
"The while bison means you are being
called for something and a series of coinci
dences showed me that I was to help in
healing the violence in Native American
communities."
His program has been in use successfully
since 1992 at Ihe Passamaquoddy Tribe in
Maine. Vera Francis, a tribal member there,
visited Fort Hall in October to talk about the
positive things that have happened there since
the program started.
She said action groups have acquired a
television station where tribal members
produce Iheir own programs. A group called
Native Brothers opened a gym for tribal
members and established a junior anti-drug
group called Little Eagles.
i7ms; a5lZ Embassy status sought for Indian tribes
age 60, graduated at $10 per month ALBUQUERQUE, N.M. (AP)-Navajo
for each vear nf nup. tn a maximum of Natlon President Albert Hale has sent Presi-
j
$335 per month at age of 65 and
above; and,
WHEREAS, The recommended
expenditure of $667,350 from the fund
is consistent with the long term ob
jectives of the fund; now, therefore
BE IT RESOLVED, By the Tribal
Council of the Confederated Tribes
of the Warm Springs Reservation of
Oregon, pursuant to Article V, Sec
tion 1 (f) of the Constitution, that an
amount not to exceed $667,350 is
hereby authorized for expenditure
from the Senior Citizen Pension Trust
Fund for Senior Citizens Pension for
Calendar Year 1997.
Approved November 27, 1996
10 members present; 9 voted yes;
Chairman did not vote
Signed by Irene Wells for
Raymond Calica, Sr., Secretary
Treasurer Marjory Hyde for Gordon Cannon,
Superintendent
dent Clinton a holiday wish list: embassy
status for tribes, nonvoting seats in Congress,
Cabinet status for the Bureau of Indian Af
fairs and mandatory funding for Indian pro
grams. In a letter this week to Clinton, Hale said
the first four years of the administration were
long on photo opportunities and rhetoric about
treating Indian tribes as sovereign equals.
"I have greater expectations of this sec
ond term," said Hale. "I don't want any more
of these meetings where we meet and do
photo opportunities and we all feel good and
nothing gets accomplished .. We need to step
beyond the rhetoric."
Hale acknowledged he may not get his
request, but said: "I'm not going back (to
Washington) for any more of these meetings.
They're going to have to be real substantive
meetings."
Granting Indian tribes embassy status
would make them equal to sovereign nations
in other parts of the world and would lead to
a change of attitudes.
Roy Bernal, chairman of the All Indian
Pueblo Council in Albuquerque, said Hale's
comments reflect a general consensus in In
dian country.
"It's true thai (Clinton) hasn't really ful
filled the things he's said," Bernal said. "It's
been disappointing."
Clinton met in Albuquerque shortly be
fore Ihe general election with Hale, Bernal
and Ihe leaders of 20 of the 2 1 tribes in New
Mexico. Clinton told the tribal leaders he
believes in the principle of sovereignty, the
unique legal status of American Indian na
tions. In 1994, Clinton held a historic meeting
with Indian leaders at the White House and a
"listening conference" attended by Cabinet
secretaries in Albuquerque a month later. He
also refused to sign a budget last year that
included deep cuts in funding Indian pro
grams. Hale's letter seeks more.
He wants Ihe president to make the BIA,
now, under the Department of Interior, a
Cabinet-level agency to give Indian leaders
direct access to a Cabinet secretary. Under
the current system, tribes take concerns to an
assistant Interior secretary.
Bernal has recommended that Interior
Secretary Bruce Babbitt appoint a deputy or
liaison to deal with the concerns of tribes. He
also has asked Babbitt to replace Ada Deer,
assistant secretary for Indian affairs, because
she has shown a "total disregard to the con
sultalion process with tribes."
Hale wants Clinton to move money for
Indian programs from the discretionary cat
egory to the entitlement category, meaning
such services as housing, education and health
care that have been pledged in treaties would
he automatically funded.
"That way, we don't have to run back and
forth lo Washington reminding the bureau
crats and Ihe leadership that these are legal
obligations lhal must be funded," Hale said
-f . . .: nu in;;"
Native use of medicinal plants subject of book
1 1
- ot
Construction work at Kah-Nee-Ta Village is in full swing and the Village's newest feature, the water slide,
is in place. Kah-Nee-Ta Resort is offering public tours of the area while construction is underway. Tours
are available Mondays throughout December and begin promptly at 10 a.m. Visitors can check in at the
Village gate and park in the day use area. Tours last about one hour.
DETROIT (AP)-What started as a grad
school curiosity about medicinal uses of plants
has turned into a 25-year study and the ex
pected publication of a University of Michi
gan professor's third book on plant uses.
"Native American Ethnobotany" will
document the ways Indians used 2,600 planft
for medicine, food, fiber and dyes.
Professor Daniel Moerman, who works
at the university's Dearborn campus, wrote
American Medicinal Ethnobotany" in 1 977,
isling 4,869 plant uses, and "Medicinal Plants
Native Americans" in 1986, providing
17.634 uses.
He told the Detroit Free Press for an
article recently that he has studied and writ
ten about Indian uses of plants for 25 years.
"The fateful day was when I said to my
self, 'Gosh. I wonder if anybody else uses
this sturf?' There was really no good way to
find out," he said.
Moerman set out to search through ob
scure journals and references for mentions of
how InJuns used indigenous plants in heal
ing Then Moerman became intrigued as to
why certain plants were chosen.
With a Nat ioiuI Science Foundation grant.
Moerman expanded his work to 47,000 uses,
including medicines, foods, fibers and dyes.
Moerman said he has yet to learn of an
indigenous plant with medicinal potential
today that was not used by Indians, although
not necessarily for the identical purpose.
And some applications are the same. For
example. Indians used coneflowcr to treat
sore throats and it is popular in health food
stores as a treatment for cold symptoms, he
told the newspaper.
Timber Press Inc. plans lo publish "Na
tive American Ethnobotany" in 1997. But
before it is published. Moerman and officials
at the Dearborn campus are trying to raise
$50,000 to give copies of the books to Indian
groups Moerman told the newspaper he w ants
to give back information to the people with
whom it started.
The book makes browsing easier and may
lead to closer scrutiny by researchers looking
for new medical applications of plants, said
Dale Johnson, editorial director of Timber
Press
"It is i good starting point for the inves
tigation of plants that may have been over
looked." Johnson said.