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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (Oct. 9, 1997)
, Spilyay Tymoo Warm Springs, Oregon October 9, 1997 5 Robert Wood Johnson Healthy Nations update bySheiluhWahnetah Healthy Nations Program Coordinator September finally came and is gone. This month was a big month tor this program. Worm Springs hosted the 7ih Annual Grantee Con ference for Healthy Nations at J Kahnccta Lodge. I would like to thank uie lummunuy 01 warm springs lor helping make the Indian Nile Out a great success. There are so many people who contributed that deserve a pat on the back, and a well deserved recognition of appreciation. First I'll start with the people who I feci worked very hard and made it fun to work in the kitchen. Nadine I'Doots" Scott, Maria Hicks, Carol Lawrence, Rena Adams, were the first ones there and some stuck it out to nearly the end of the long day. Even the kids were serving, cleaning and just trying todo anything to help. Russ Alger was seen in his white uniform cutting watermelon with a smile, thank your! Carol Wewa, Arlene Wewa, Connie Daniels, Buddy Hicks, William "Yum" Wil son, my mom Kate Jackson, were there helping. Thanks again to Rich ard Craig for watching my kids. Thanks to Charlotte Herkshan and Captain Moody for the entertain ment. Thank you again Tribal Coun cil for the fish and the use of the Longhouse. And thanks for being there Selena Boise and Dan Lawrence of Spilyay Tymoo for the coverage of the Indian Nite Out and the Conference. It was another good successful feeling to see our people in the com munity getting together, and having a good time. There is nothing greater than seeing children laughing and having a nice time with family and friends. Dorothy and I would like to thank everybody, who helped, danced or drummed, or ate, or cleaned or just participated in the eating or observing. It was just great how the whole "Indian Nite Out" turned out to be the way it did. For the conference time I'd like to thank Andy Leonard for chaper oning the visiting youth. Luther Clements for the use of the fire Man agement van for the visiting youth. Lana Leonard and Missy Scott for the short notice to take care of my kids, you two really saved me. Thanks!! Up coming Healthy Nations events will be Radio PSAs of the "OCRUD" Central Oregon Youth Summit at Knhneeta Lodge. Thanks to Fred Sanders, kids his age will be hearing information regarding the summit; and one psa that I did. The Youth Summit will be October 7 & 8 for Ccntrul Oregon High School age kids. "OCRUD" stands for the Or egon Coalition to Reduce Underage Drinking. The Celebrating the Family Con ference is also coming up October 31st and November 1st. Also tied with that, myself, Myra Shaway and Shirley Sanders are planning "Warm Springs Teen Halloween Bash" for Halloween night. Watch for flyers and listen to the radio for more information. Tribal Council Resolutions- i Y7 . . . V I Chairman of Indian Head Casino board of directors Rudy Clements presents $250,000 check to Tribal Council Vice-Chairman Irene Wells in partial payment of a loan taken by the Casino during construction. Indian Head is reported to have made a net profit of $1.8 million so far this year. Land Purchase Property Lease Property Lease Line Extension 638 Road projects Water settlement Resolution No. 9415 Be it resolved, By the 20th Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Or egon, pursuant to Articles V and VIII of the Constitution and by-Laws of the Confederated Tribes of the Warm Springs Reservation of Oregon, to purchase an undivided 11 08 interest in Warm Springs Allotment No. 266 and 266-A, Annie Skitus Cree, deceased, at the negotiated consideration of $433.56. The consid eration to be paid from programmed land purchase funds; and, Be it further resolved, That the sub ject land is described as: An undivided 1108 interest in and to: SE14 SE14, section 19, township 7 south, range 1 1 east and Lots 28, 29 and 30, section 22, township 9 south, range 12 east of the Willamette Meridian, Or egon, containing 100 acres, more or less; and, Be it further resolved, That the Sec retaryTreasurer of the Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon is hereby authorized 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. :: ' si.t i Certification . m. i Approved by Council September 23, 1997; 6 present; 5 yes votes; Chairman did not vote Approved by Superintendent Octo ber 6, 1997 Land Purchase Resolution No. 9416 Be it resolved, By the 20th Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Or egon, pursuant to Articles V and VIII of the Constitution and by-Laws of the Confederated Tribes of the Warm Springs Reservation of Oregon, to purchase an undivided 16 interest in Warm Springs Allotment No. 383, Lizzie or Wauk-lik-tani, deceased, at the negotiated consid eration of $6,933. The consideration to be paid from programmed land purchase funds; and, Be it further resolved, That the sub ject land is described as: An undivided 16 interest in and to: SW14, section 36, township 7 south, range 12 east of the Willamette Merid ian, Oregon, containing 160 acres, more or less; and, Be it further resolved, That the Sec retaryTreasurer of the Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon is hereby authorized 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 ' Approved by Council September 23, 1997; 6 present; 5 yes votes; Chairman did not vote Approved by Superintendent Octo ber6, 1997 Resolution No. 9418 Whereas, The Confederated Tribes of the Warm Springs Reservation of Oregon, (hereinafter "the Tribe") have been leasing a portion of The Dalles Public Domain Allotment No. 27 from Mr. Levi Keo for purposes of placement of a Reservation Boundary sign; and, Whereas, The Tribe desires to con tinue to lease a portion of Allotment 27 and the Tribe would like to renew the lease on said allotment, situated on a tract of land located in the NW14 of Section 1 0, Township 6 South, Range 1 2 East, Willamette Meridian, and more particularly described as: Commencing at the CN116 corner of the NW14 of Section 10, T. 6 S., R. 12 E., W.M., Wasco County, Oregon; thence South 64 West 1,173.32 feet on the point of beginning; thence West 40 feet; thence South 40 feet; thence East 40 feet; thence North 40 feet to the point of beginning, containing0.03 acres, more or less; and, Whereas, Mr. Levi Keo is agreeable to a five-year lease effective from August 1 , 1 997 through July 3 1 , 2002, at a rental rate of $200 per year, plus any amount over and above $200 that may be indi cated by a BIA appraisal; now, therefore, Be it resolved, By, the 20th Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Or egon, pursuant to Articles V and VIII of the Tribal Constitution, that the Tribe is in agreement with the lease arrangement with Mr. Levi Keo for an additional five year lease term to begin on August 1, 1997 and expire on July 31, 2002, at an annual rental rate of $200 per annum, plus any difference in value which may be indicated by a BIA appraisal over and above the $200 rate, and that the Chair man or Vice-Chairman are hereby au thorized to execute the lease documents to carry out the intent of this Resolution; and, Be it further resolved, That the $200 rental rate is to be paid to Mr. Levi Keo upon approval by the Tribal Council. Certification Approved by Council September 23, 1997; 6 present; 5 yes votes; Chairman did not vote Approved by Superintendent Octo ber 1, 1997 Resolution No. 9420 Whereas, The Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon, pursuant to Ar ticles V and VIII of the Tribal Consti tution and By-Laws of the Confederated Tribes of the Warm Springs Reservation of Oregon, that Magdaleno "Chico" Colazo-Holliday be granted a 50-year homesite lease on Tribal land described as: In, on and around the Shitike Creek area, between Russell Smith and Larry Holliday residences located in T-720 oftheSl2NWl4NWl4SWl4NWl 4 of Section 26, To wnship 9 South, Range 12 East, Willamette Meridian Jefferson County, Oregon. Containing 2.62 acres more or less; and, whereas, The lessee pay to the Con federated Tribes upon approval of the lease, $25 for the original term of the lease; and, Whereas, The Confederated Tribes reserves the right to grant rights-of-way over, under and across the lease premises, such a provision to be written into and made a part of the lease terms; now, therefore Be it resolved, That except as other wise provided for in the lease agreement, the Confederated Tribes reserves the right to cancel the lease upon thirty days written notice to lessee, in the event that the lease premises is needed for Tribal community development or land ex change purpose, or for such other sub stantive reason cancellation may be deemed necessary by the Tribes, such a provision to be written into and made a part of the lease terms; and, Be it further resolved, That the Chairman or Vice-Chairman and Secretary-Treasurer are hereby authorized to execute the necessary documents for and on behalf of the Confederated Tribes. Certification ' Approved by Council September 23, 1997; 6 present; 5 voted yes; Chairman did not vote Approved by Superintendent Octo ber 1,1997 Property Lease Land Purchase Resolution No. 9417 Be it resolved, By the 20th Tribal Council of the Confederated Tribes of Warm Springs Reservation of Oregon, pursuant to Articles V and VIII of the Constitution and By-Laws of the Con federated Tribes of the Warm Springs Reservation of Oregon, to purchase an undivided 11 40 interest in Warm Springs Allotment No. 588-A, Julia Holiaday, deceased, at the negotiated consideration of $568.84. The consideration to be paid from programmed land purchase funds; and, Be it further resolved, That the sub ject land is described as: An undivided 1140 interest in and to: Wl2 SE14, section 13, township 9 south, range 12 east of the Willamette Meridian, Oregon, containing 80 acres, more or less; and, Be it further resolved, That the Sec retaryTreasurer of the Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon is hereby authorized 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 Approved by Council September 23, 1997; 6 present; 5 yes votes; Chairman not voting. Approved by Superintendent Octo ber 6, 1997 Property Lease Resolution No. 9419 Whereas, The Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon, pursuant to Ar ticles V and VIII of the Tribal Consti tution and By-Laws of the Confederated Tribes of the Warm Springs Reservation of Oregon, that Brent and Rosa Graybael be granted a 50-year homesite lease on Tribal land described as: In, on and around the Tenino Valley area located in T-3152 of the El2 NW14 SW14 NW14 of Section 34, Township 9 South, Range 12 East, Willamette Meridian Jefferson County, Oregon. Containing 5.0 acres more or less; and, Whereas, The lessee pay to the Con federated Tribes upon approval of the lease, $25 for the original term of the lease; and, Whereas, The Confederated Tribes reserves the right to grant rights-of-way over, under and across the lease premises, such a provision to be written into and made a part of the lease terms; now, therefore, , Be it resolved, That except as other wise provided for in the lease agreement, the Confederated Tribes reserves the ri ght to cancel the lease upon 30 days written notice to lessee, in the event that the lease premises is needed for Tribal community development or land ex change purpose, or for such other sub stanti ve reason cancellation may be deem necessary by the Tribes, such a provision to be written into and made a part of the lease terms; and. Be it further resolved, That the Chairman or Vice-Chairman and Secretary-Treasurer are hereby authorized to execute the necessary documents for and on behalf of the Confederated Tribes. Certification Approved by Council September 23, 1997; 6 present; 5 yes votes; Chairman did not vote Approved by Superintendent Octo ber 1,1997 Resolution No. 9421 Whereas, The Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon, pursuant to Ar ticles V and VIII of the Tribal Consti tution and By-Laws of the Confederated Tribes of the Warm Springs Reservation of Oregon, that Gloria Holliday-Warner be granted a fifty (50) year homesite lease on Tribal land described as: In, on and around the Sidwalter Flat and Potters Pond area located in T 4215 of the SI2 SE14 SE14 NE14 NW14 of Section 19, Township 8 South Range 11 East, Willamette Meridian Wasco County, Oregon. Containing 5.0 acres more or less; and, , Whereas, The lessee pay to the Con federated Tribes upon approval of the lease, $25 for the original term of the lease; and, Whereas, The Confederated Tribes reserves the right to grant rights-of-way over, under and across the lease premises, such a provision to be written into and made a part of the lease terms; now, therefore Be it resolved, That except as other wise provided for in the lease agreement, the Confederated Tribes reserves the right to cancel the lease upon 30 days written notice to lessee, in the event that the lease premises is needed for Tribal community development or land ex change purpose, or for such other sub stantive reason cancellation may be deemed necessary by the Tribes, such a provision to be written into and made a part of the lease terms; and, Be it further resolved, That the Chairman or Vice-Chairman and Secretary-Treasurer are hereby authorized to execute the necessary documents for and on behalf of the Confederated Tribes. Certification Approved by Council September 23, 1997; 6 present; 5 voted yes; Chairman did not vote Approved by the Superintendent October 1, 1997 Resolution No. 9422 Whereas, There is a need for exten sion of electric service line to serve the residence of Sammy Allen Bruisedhead; and, Whereas, Wasco Electric Coopera tive, Inc. has submitted a sketch map showing the proposed route for the electric service line; and, Whereas, In accordance with the service agreement between the Confed erated Tribes of the Warm Springs Reservation of Oregon and Wasco Electric Cooperative, Inc., which was entered into by the parties on March 7, 1 990 and Tribal Council Resolution No. 7988, wherein the Tribe must review and approve all such service line agree ments and right-of-way easements sub mitted pursuant to the electric service agreement; now, therefore Be it resolved, By the 20th Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Or egon, pursuant to Article V and VIII of the Tribal Constitution, that the Tribal Council hereby approves a service line agreement over and across tribal lands for purposes of the proposed electric distribution line to serve the residence of Sammy Allen Bruisedhead on Warm Springs Allotment No. T-240, together with the construction and placement of same, and the Chairman or Vice-Chairman and Secretary-Treasurer are hereby authorized to sign the necessary docu ments to carry out the intent of this resolution. Certification Approved September 23, 1997 by Council; 6 present; 5 voted yes; Chair man did not vote Approved by Superintendent Octo ber 1, 1997 Enrollments Resolution No. 9423 Be it resolved, By the Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon, pursuant to Article III, Section 2 (a) as emended, of the Tribal Constitution and By-Laws, the following are enrolled members of the Confederated Tribes of the Warm Springs Reservation of Oregon, as of the date set out below in accordance with Resolution No. 4301: James Russell George 9597 Adena Rae McGill 82897 Chantel Wilma Picard 9597 De Andre Jasper Smith 9597 Naliesha Gwendolyn Regina Spino 82197 Angel Gomez Suppah 81997 Senobia Mavis Suppah 82297 Harriet Josepha Williams 91297 Johanna Alexenzia Jackson 92397 Fay Isabel Jackson 92397 Josephine Jackson 92997; and, Be it further resolved, By the Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Or egon, that the following applicant was denied membership because of blood degree: Vernon Sk'ytus Jackson Smith 81 1 97 Devontre James Thomas 91897 Certification Approved by Council September 23, 1997; 6 present; 5 voted yes; Chairman did not vote Approved September 24, 1997 by Superintendent Relicensing consultation Resolution No. 9424 Whereas, The Tribal Council is the governing body of the Confederated Tribes of Warm Springs Reservation of Oregon; and, Whereas, The Bureau of Indian Af fairs and the Confederated Tribes have recognized the need for maintenance and repair of the Tribal roads system under Projects WSIR M-937, 936 and 937, and that the extension of the Sunnyside Subdivision through to Dry Creek will also require extensive road repair and construction; and, Whereas, These roads have been des ignated as part of the Bureau of Indian Affairs roads inventory and the Bureau has identified the funding source for construction maintenance and repair to be through the Intermodel Surface Transportation Act under the Federal Highways Administrations; and. Whereas, The Bureau and the Con federated Tribes Construction Depart ment estimate that the cost to design and construct these projects is approxi mately $.5 million and than an actual cost pro posal will be negotiated for the purpose of entering into a contract between the BIA and the Tribal Construction de partment; and, Whereas, The Tribal Construction Department's mission exists to ensure that the Confederated Tribes of Warm Springs retains maximum economic benefits from construction projects on and near the Reservation; and, Whereas, These projects can best be expedited and accomplished by the Con federated Tribes of Warm Springs, by and through its Construction Department and Crushing Enterprise, acting under Public Law 93-638 contract with the BIA and by utilizing materials located on the Reservation and in close proximity to the projects; now, therefore Be it resolved, By the Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon, pursuant to Article V, section 1 (a) and (d) of the Constitution and By-Laws as amended, that the Warm Springs Tribes request a contract under authority of PL 93-638, to accomplish design and construction of the following projects at Warm Springs: Repair and reconstruct roads and stream crossing referenced above; and, Be it further resolved, That the Con federated Tribes of Warm Springs request that the Bureau of Indian Affairs waive the provisions of 25 CFR 271.2 (d) and 271.12 (a) (5) for the purpose of this contract; and, Be it further resolved, That the Sec retaryTreasurer of the Confederated Tribes of Warm Springs or his authorized designee is hereby authorized to make application for, negotiate and execute said contract and any amendments thereto, on behalf of the Tribe; and, Be it further resolved, That this au thorization shall remain in full force and effect until otherwise amended or re scinded by Tribal Council action. Certification Approved by Council September 25, 1997; 7 present; 5 voted year; 1 voted no; Chairman did not vote. Approved by Superintendent Sep tember 29, 1997 Resolution No. 9425 Whereas, By the Treaty of June 25, 1855 (12 Stat. 963) between the United States and the Tribes and Bands of Middle Oregon, the Tribes ceded aboriginal title to approximately 10 million acres in north Central Oregon and reserved the Warm Springs Reservation and sover eign power and authority over all tribal rights and property; and, Whereas, The Reservation includes water rights which have belonged to the Tribes since time immemorial; and, Whereas, Such water rights are es sential to the perpetuation of the Tribes' culture and traditions, being the first food of the people and essential to all other life; and, Whereas, In 1986, Secretary of the Interior Clark requested the Tribes to attempt to negotiate a settlement of Tribes' water rights with the State of Oregon and the United States as Trustee; and, Whereas, The Tribes thereafter en tered into negotiations for the protection of the water rights of the Reservation finally and forever, which have extended over a period of 1 1 years and resulted in the "Confederated Tribes of the Warm Springs Reservation Water Rights Settlement Agreement" in the form at tached hereto ("Settlement Agreement"); and, Whereas, The Settlement Agreement reserves to the Tribes all water arising on the Reservation for culture, tradition, fisheries, wildlife, domestic, livestock, industrial and all other uses as well as consumptive water rights from Reser vation bordering streams and a com mitment by the State of Oregon to pre serve instream flows on the bordering streams and a commitment by the Tribes to preserve in-stream flows on Reser vation streams; and, Whereas, Such Settlement Agreement assures not only the Tribes, but individual tribal members and allottees, sufficient water to perpetuate the Reservation as a permanent homeland for our people; and, Whereas, Such Settlement Agreement is in the best interests of the Tribe and its members, both now and in the future; now, therefore Be it resolved, By the 20th Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Or egon, pursuant to Article V, Section 1 (a), (0 and (1) of the Tribal Constitution that the attached "Confederated Tribes of the Warm Springs Reservation Water Rights Settlement Agreement: is ap proved by the Tribal Council and the members of the Tribal Council are au thorized to execute such Settlement Agreement on behalf of the Tribes; and, Be it further resolved, That the United State of America, as Trustee, is requested to execute such Settlement Agreement; and, Be it further resolved, That Tribal Council Resolution No. 9252 approving an earlier version of the Settlement Agreement is hereby rescinded. Certification Approved September 26, 1997; Six Council members present; four voted yes; one voted no; Chairman did not vote. Superintendent Approved October 1 , 1997 Resolution No. 9426 Whereas, The Pelton-Round Butte Hydroelectric Project ("Project") is lo cated on the Warm Springs Indian Res ervation; and. Whereas, Project constitutes one of the most significant economic resources of the Reservation; and, Whereas, The Project impacts natu ral resources of the Tribe, including fish; and, Whereas, The United States has im portant responsibilities under the Treaty of June 25, 1 855, between the Tribes and Bands of Middle Oregon and the United State, the Federal Power Act, other acts of Congress, and its general trust re sponsibility, to protect the interests of the Tribe and the Project and associated tribal lands and resources; and. Whereas, The federal license for the Project expires on December 31, 2001; and. Whereas, The Department of the In terior ("Department") has determined that it is necessary for it to contract with third parties to provide it with expert technical advice in order that its respon sibilities can be properly carried out in the relicensing proceeding; and, Whereas, The Department is obli gated to consult with the Tribe regarding the manner in which it will carry out these responsibilities; and, Whereas, The Tribe has received the necessary assurances from the BIA Portland Area Director that the selection process wi II be carried out in a manner to ensure the selection of the most qualified applicant; and, Whereas, The Tribe desires to carry out these duties through government-to-government cooperation with the United States; now, therefore Be it resolved. By the 20th Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Or egon, pursuant to Article V, Section 1 (a) and (1), of the Tribal Constitution that Charles Calica, General Manager of the ' Tribal Department of Natural Resources, and Stan Reed, Tribal Consulting Engi neer, are hereby directed and authorized to consult with the Department of Inte rior in the selection of a technical support contractor for the Pelton-Round Butte Hydroelectric Project relicensing pro cess, whose work will include the de velopment of recommended 4(e) condi tions and 10(e) compensation pursuant to the Federal Power Act; and. Be it further resolved. That Resolu tion No. 9412 on this subject is hereby superseded.- Certification Approved by Council September 30; Six present; 5 yes votes, chairman did not vote. Approved by Superintendent October 1, 1997. i