Spilyay tymoo. (Warm Springs, Or.) 1976-current, May 21, 1998, Page 8, Image 8

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    8 May 21, 1998
Warm Springs, Oregon
Spilyay Tymoo
Resolutions number 9494 through 9522 offered
Resolution No. 9494
Whereai, Resolution No. 623 1 establish
ing procedure for conducting all Warm
Springs Tribal Ceremonial Fisheries was
adopted by the Tribal Council on June 8,
1982; and.
Whereas, Resolution No. 6231, Section
2.1 provided that each ceremonial fishery
would be conducted by a single fishing crew;
and,
Whereas, The 1998 Tribal Root Feast
Ceremonies (2 locations) are scheduled to
take place simultaneously; and,
Whereas, The time of the 1 998 Root Feast
requires that the ceremonial fishery preced
ing the Root Feast occur prior to the ceremo
nies; and.
Whereas, The number of chinook for both
Root Feast Ceremonies can not be harvested
by a single fishing crew because timing of the
fishery could be at the earliest part of the
spring chinook run when only a small num
ber of fish will be in the ceremonial fishing
area; and,
Whereas, It has been recommended to the
Tribal Council that one crew for each
Longhouse will be required to meet tribal
needs for the 1998 Root Feast Ceremonies;
and.
Whereas, The 1998 upriver run of Spring
Chinook salmon is expected to come in
quickly necessitating having more than one
fishing crew fishing at one time to harvest
enough fish for the Confederated Tribes of
Warm Springs for ceremonial needs; and,
Whereas, The catch will be controlled by
the management guidelines of US v. Oregon
which the Confederated Tribes of Warm
Springs Reservation of Oregon are party to
and the 1996-1998 Management Agreement
for Spring Chinook, Summer Chinook and
Sockeye which the Confederated Tribes of
Warm Springs Reservation of Oregon has
negotiated and signed; now, therefore
Be it resolved. By the 20th Tribal Council
of the Confederated Tribes of Warm Springs
Reservation of Oregon that Resolution No.
6231 is hereby amended for he limited pur
pose of the 1998 Ceremonial Fishing season
to authorize more than one fishing crew to
simultaneously conduct ceremonial fisher
ies. All other provisions of Resolution No.
6231 shall remain in effect.
Certification
Eight Council members present; seven
yes votes; Chairman did not vote
Approved by B1A March 23, 1998
Resolution No. 9495
Whereas, The Tribal Council of the Con
federated Tribes of the Warm Springs Reser
vation of Oregon, by the authority of the
Constitution and By-Laws of the Confeder
ated Tribes of Warm Springs Reservation of
Oregon as approved andor adopted on De
cember 18, 1937; and.
Whereas, The Confederated Tribes of
Warm Springs is currently involved in a Home
Improvement Program to provide all tribal
members with a decent, standard, safe, sani
tary and suitable home living environment;
and,
Whereas, The Confederated Tribes of
Warm Springs has a contract with the Bureau
of Indian Affairs for the Home Improvement
Program (HIP) to assist in providing neces
sary renovation, rehabilitation and home con
struction for tribal members; and.
Whereas, The Bureau of Indian Affairs
requires a biennial Housing Survey be con
ducted to show the current needs of the Res-'
ervation; now, therefore , ,
Be it resolved, By the 20th Tribal Council
of the Confederated Tribes of the Warm
Springs Reservation of Oregon that a hous
ing survey has been conducted and the results
are reported and accepted on Form 5-6406
attached.
Certification
9 Council members present; 7 yes votes;
1 abstained; Chairman did not vote
Approved by BIA March 25, 1998
Resolution No. 9496
Whereas, The Tribal Council of the Con
federated Tribes of the Warm Springs Reser
vation of Oregon, by the authority of the
Constitution and By-Laws of the Confeder
ated Tribes of Warm Springs Reservation of
Oregon as approved andor adopted on De
cember 18, 1937; and.
Whereas, The 104th session of the United
States Congress has passed the first Native
American specific housing law, the Native
American Housing Assistance and Self-Determination
Act (PL104-330); and,
Whereas, According to the Native Ameri
can Housing Assistance and Self-Determina-tion
Act, the governing body of Native Ameri
can Tribes may appoint, select or designate a
Tribally Designated Housing Entity (TDHE)
for the purposes of administering, and oper
ating a tribal housing program; and.
Whereas, The Warm Springs Tribal Coun
cil desires to appoint the Warm Springs Hous
ing Authority as the new TDHE, as per the
Native American Housing Assistance and
Self-Determination Act; now, therefore
Be it resolved, By the 20th Tribal Council
of the Confederated Tribes of the Warm
Springs Reservation of Oregon that pursuant
to the Native American Housing Assistance
and Self-Determination Act the Warm Springs
Tribal Council duly selects the Warm Springs
Housing Authority as the Tribally Desig
nated Housing Entity and recipient to act on
behalf of the Warm Springs Tribe as the
organization that will administer, direct and
manage all operations pertaining to the hous
ing needs of Native people residing on the
Warm Springs Reservation.
Certification
10 Council members present; 9 yes votes;
Chairman did not vote
Approved by BIA March 30, 1998
Resolution No. 9497
Whereas, Amendment III to the Oregon
Warm Springs Gaming Compact (Compact)
authorizing house-banked blackjack at In
dian Head Casino expires on April 30, 1 998;
and.
Whereas, Representatives of the State of
Oregon and the Confederated Tribes of the
Warm Springs Reservation of Oregon have
negotiated an amendment IV to the Compact
that would extend the authorization for black
jack through March 31. 1999; and,
Whereas, The Tribal Council has reviewed
the proposed Compact Amendment IV ex
tending blackjack for said additional eleven
months, attached to this resolution as Exhibit
A, and believes that approval of the amend
ment is in the best interest of the Confeder
ated Tribes and its members; now, therefore
Be it resolved. By the 20th Tribal Council
of the Confederated Tribes of the Warm
Springs Reservation of Oregon, pursuant to
Article V, Section 1(a) and (I), of the Tribal
Constitution that Amendment IV (attachment
A) to the Compact extending blackjack for
eleven months is hereby approved and the
Tribal Council Chairman, or his designee, is
hereby authorized to sign the amendment on
behalf of the Confederated Tribes.
Certification
1 0 Council members present; 9 yes votes;
Chairman did not vote
Approved by the BIA
Resolution No. 9498
Be it resolved, By the 20th Tribal Council
of the Confederated Tribes of the Warm
Springs Reservation of Oregon, 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 1 ,238 1 6, 1 28 interest
in Warm Springs Allotment No. 138, Skul
lia, deceased, at the negotiated consideration
of $4,759.15. The consideration to be paid
from programmed land purchase funds; and,
Be it further resolved, That the subject
land is described as:
An undivided 1,23816,128 interest in
and to: EI2SW14, WI2SE14, section 32.
township 7 south, range 12 east of the
Willamette Meridian, Oregon, containing 1 60
acres, more or less; and,
Be it further resolved. That the Secretary
Treasurer of the Tribal Council of the Con
federated Tribes of the Warm Springs Reser
vation of Oregon is hereby authorized to
moke payment to the Superintendent of the
Warm Springs Agency for the use and benefit
of the owners upon approval of the convey
ance instrument.
Certification
Seven Council members present; six yes
votes; Chairman did not vote
Approved by BIA April 3, 1998
Resolution No. 9499
Be it resolved, By the 20th Tribal Council
of the Confederated Tribes of the Warm
Springs Reservation of Oregon, 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 8751 0,800 interest in
Warm Springs Allotment No. 155, Yum-as-ke,
deceased, at the negotiated consideration
of $2,598.65. The consideration to be paid
form programmed land purchase funds, and.
Be it further resolved. That the subject
land is described as:
An undivided 87510,800 interest in and
to: W12SW14, section 33, township 7 south,
range 12 east of the Willamette Meridian,
Oregon, containing 80 acres, more or less;
and.
Be it further resolved, That the Secretary
Treasurer of the Tribal Council of the Con
federated Tribes of the Warm Springs Reser
vation of Oregon is hereby authorized to
make payment to the Superintendent of the
Warm Springs Agency for the use and benefit
of the owners upon approval of the convey
ance instrument.
Certification
Seven Council members present; six yes
votes; Chairman did not vote
Approved by BIA April 3, 1998
Resolution No. 9500
Be it resolved, By the 20th Tribal Council
of the Confederated Tribes of the Warm
Springs Reservation of Oregon, 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 1960 interest in Worm
Springs Allotment No. 493, Aimee, deceased,
at the negotiated consideration of $37.66.
The consideration to be paid form pro
grammed land purchase funds; and,
Be it further resolved. That the subject
land is described as:
An undivided 1960 interest in and to: SI
2NE14, NE14
' SE14, SE14NW14, section 30, town
ship 9 south, range 12 east of the Willamette
Meridian, Oregon, containing 1 60 acres, more
or less; and, '
Be it further resolved, That the Secretary- ,
Treasurer of the Tribal Council of the Con
federated Tribes of the Warm Springs Reser
vation of Oregon is hereby authorized to
make payment to the Superintendent of the
Warm Springs Agency for the use and benefit
of the owners upon approval of the convey
ance instrument.
Certification
Eight Council members present; seven
yes votes; Chairman did not vote
Approved by BIA April 3, 1998
Resolution No. 9501
Be it resolved, By the 20th Tribal Council
of the Confederated Tribes of the Warm
Springs Reservation of Oregon, 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 1430 interest in Worm
Springs Allotment No. 509-A, Ollie Pipps or
Mrs. Pipps or Stum-kwa, deceased, at the
negotiated consideration of $16,357. The
consideration to be paid form programmed
land purchase funds; and,
Be it further resolved, That the subject
land is described as:
An undivided 1430 interest in and to:
SW14SW14, S12NW14SW14, section
33, township 10 south, range 12 east of the
Willamette Meridian, Oregon, containing 50
acres, more or less; and,
Be it further resolved, That the Secretary
Treasurer of the Tribal Council of the Con
federated Tribes of the Warm Springs Reser
vation of Oregon is hereby authorized to
make payment to the Superintendent of the
Warm Springs Agency for the use and benefit
of the owners upon approval of the convey
ance instrument.
Certification
Eight Council members present; seven
yes votes; Chairman did not vote
Approved by BIA April 3, 1998
Resolution No. 9502
Be it resolved, By the 20th Tribal Council
of the Confederated Tribes of the Warm
Springs Reservation of Oregon, 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 1430 interest in Warm
Springs Allotment No. 5 1 2-A, Sallie Pipps or
Mushelo, deceased, at the negotiated consid
eration of $16,357. The consideration to be
paid from programmed land purchase funds;
and,
Be it further resolved, That the subject
land is described as:
An undivided 1 430 interest in and to: S 1
2NE14SW14, SE14SWI4. section 33,
township 10 south, range 12 east on the
Willamette Meridian, Oregon, containing 50
acres, more or less; and.
Be it further resolved, That the Secretary
Treasurer of the Tribal Council of the Con
federated Tribes of the Warm Springs Reser
vation of Oregon is hereby authorized to
make payment to Superintendent of the Warm
Springs Agency for the use and benefit of the
owners upon approval of the conveyance
instrument.
Certification
Eight Council members present, seven
yes votes; Chairman did not vote
Approved by BIA April 3, 1998
Resolution No. 9503
Be it resolved, By the 20th Tribal Council
of the Confederated Tribes of the Warm
Springs Indian Reservation of Oregon, pur
suant to Articles V and VIII of the Constitu
tion and By-Laws of the Confederated Tribes
of the Warm Springs Reservation of Oregon,
to purchase an undivided 1168 interest in
Warm Springs Allotment No. 550, Margaret
Chinook, deceased, at the negotiated consid
eration of $292. The consideration to be paid
from programmed land purchase funds; and,
Be it further resolved, That the subjecf
land is described as:
An undivided 1168 interest in and to:
Lots 15 and 16, section 3, and lots 9 and 10,
section 10, township 9 south, range 1 1 east of
the Willamette Meridian, Oregon, contain
ing 156.30 acres, more or less; and,
Be it further resolved, That the Secretary
Treasurer of the Tribal Council of the Con
federated Tribes of the Warm Springs Reser
vation of Oregon is hereby authorized to
make payment to the Superintendent of the
Warm Springs Agency for the use and benefit
of the owner upon approval of the convey-1
ance instrument.
Certification
Eight Council members present; seven
yes votes; Chairman did not vote ' ' '
Approved by BIA April 3, 1998.
Resolution No. 9504
Be it resolved, By the 20th Tribal Council
of the Confederated Tribes of the Warrrl
Springs Reservation of Oregon, pursuant to
Article V and VIII of the Constitution and
By-Laws of the Confederated Tribes of the
Warm Springs Reservation of Oregon, to
purchase an undivided 4664 interest in Warn)
Springs Allotment No. 709, Florence Stwyer,
deceased, at the negotiated consideration of
$32,775. The consideration to be paid from
programmed land purchase funds; and,
Be it further resolved, That the subject
land is described as:
An undivided 4664 interest in and to:
SW14NWI4 and W12SW14, section 23,
township 7 south, range 11 east of the
Willamette Meridian, Oregon, containing 120
acres, more or less; and,
Be it further resolved, That the Secretary
Treasurer of the Tribal Council of the Con- 1
federated Tribes of the Warm Springs Reser
vation of Oregon is hereby authorized to
make payment to the Superintendent of the
Warm Springs Agency for the use and benefit
of the owners upon approval of the convey
ance instrument. .
Certification
Eight Council members present; seven
yes votes; Chairman did not vole
Approved by BIA April 3, 1998
Resolution No. 9505
Be it resolved, By the 20th Tribal Council
of the Confederated Tribes of the Warm
Springs Reservation of Oregon, 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 125 interest in Warm
Springs Allotment No. 8 1 6, Skookum Charley
or Kul-iks-s, deceased, at the negotiated con-
sideration of $928. The consideration to be
paid from programmed land purchase funds;
and, ,
Be it further resolved, That the subject
land is described as: ' y .
An undivided 125 interest in and to: Wl
2SW 14, section 32, township 7 south; rangSi i
14 east of the Willamette Meridian, Oregon
containirlg 80 acrti.'mort 6r less; uidil i 1JBC
Be it further resolved. That the Secretary
Treasurer of the Tribal Council of the Con
federated Tribes of the Warm Springs Reser
vation of Oregon is hereby authorized to'
make payment to the Superintendent of the,
Warm Springs Agency for the use and benefit
of the owner upon approval of the conveys
ance instrument.
Certification if
Eight Council members present; seven
yes votes; Chairman did not vote ' '
Approved by BIA April 3, 1998
Resolution No. 9506
Be it resolved, By the 20th Tribal Council
of the Confederated Tribes of the Warm
Springs Reservation of Oregon, pursuant to
Articles V and VIII of the Constitution and
By-Laws of the Confederated Tribes of the
Warm Springs Reservation of Oregon, td
purchase an undivided 125 interest in Warm
Springs Allotment No. 8 19, Ash-hon-i-pum,
deceased, at the negotiated consideration of
$ 1 ,625 .60. The consideration to be paid from
programmed land purchase funds; and, ,''
Be it turther resolved, that the subject
land is described as:
An undivided 125 interest in and to:
SE14, section 3 1 , township 7 south, range 14
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 the Con
federated Tribes of the Warm Springs Rese?;
vation of Oregon is hereby authorized to
make payment to the Superintendent of the
Warm Springs Agency for the use and benefit
of the owner upon approval of the convey-'
ance instrument.
Certification !
Eight Council members present; sevea
yes votes; Chairman did not vote.
Approved by BIA April 3, 1998 ;
Resolution No. 9507
Be it resolved, By the 20th Tribal Council
of the Confederated Tribes of the Warm
Springs Reservation of Oregon, 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 125 interest in Warm
Springs Allotment No. 820, Uth-waun, de
ceased, at the negotiated consideration of
$ 1 ,625.60. The consideration to be paid from
programmed land purchase funds; and, ;
Be it further resolved, That the subject
land is described as: '
An undivided 125 interest in and to;
SW14, section 31, township 7 south, range
14 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 the Con
federated Tribes of the Warm Springs Resef
vation of Oregon is hereby authorized to
moke payment to the Superintendent of the
Warm Springs Agency for the use and benefit
of the owner upon approval of the convey
ance instrument.
Certification
Eight Council members present; seven
yes votes; Chairman did not vole
Approved by BIA April 3, 1998
Resolution No. 9510
Be it resolved, By the Tribal Council of
the Confederated Tribes of the Warm Springs
Reservation of Oregon, pursuant to Article
111, Section 2 (a) as amended, of the Tribal
Constitution and By-Laws, the following are
enrolled members of the Confederated Tribes
of the Warm Springs Reserv ation of Oregon, i
as of the date set out below in accordance
with Resolution No. 4201;
Orrah Gene David. 32398: Sage Mor
gan Flowers, 22798; Jeremy Floyed Miller,
2598; Qui men Jefferson Hoptowit-Boise,
3698; Demitna Ray Lynn Smith. 3698;
Anthony Booker T Roberson. 21998 and...
Marquis Khayree Gabnel, 31698.
Certification
Six Council members present; five yes
votes: Chairman did not vote
Approved by BIA April 3, 1998
Resolution No. 9508
Be it resolved, By the 20th Tribal Council
of the Confederated Tribes of the Warm
Springs Reservation of Oregon, 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 8201 15,200 interest
in Warm Springs Allotment No. 190, Parmo,
deceased, at the negotiated consideration of
$202.20. The consideration to be paid from
programmed land purchase funds: and.
Be it further resolved, That the subject
land is described as:
An undivided 8201 1 5.200 interest in and
to: NW14SW14, WI2NE14SWI4 sec
tion 29, township 7 south, range 2 east of the
Willamette Meridian, Oregon, containing 60
acres, more or less; and,
Be it further resolved, That the Secretary
Treasurer of the Tribal Council of the Con
federated Tribes of the Warm Springs Reser
vation of Oregon is hereby authorized to
make payment to the Superintendent of the
Warm Springs Agency for the use and benefit
of the owner upon approval of the convey
ance instrument.
Certification
Nine Council members present; seven
yes votes; one abstained; Chairman did not
vote
Approved by BIA April 3, 1998
Resolution No. 9509
Whereas, A Continuing rock slide condi
; lion at the rock pit, known locally as the
Rattlesnake Rock Pit in Sections 18 and 19,
Township 8 South, Range 14 East, Willamette
Meridian, Wasco County, Oregon (Tribal
Tract T-3782), has created a hozardous and
, unsafe condition to the existing Worm Springs
River Road, which is located between the
rock pit and a steep drop-off to the Warm
Springs River, and an alternative by-pass
route is needed around the rock slide area;
and,
Whereas, The BIA Branch of Roads and
the Project Engineers office have surveyed a
road by-pass, survey map titled "Right-of-Way
Map for Main and By-Pass Road at
Rattlesnake Pit Site, Project WS-32", which
survey map is by reference made a part hereof;
now, therefore
Be it resolved, By the 20th Tribal Council
of the Confederated Tribes of the Warm
Springs Reservation of Oregon, pursuant to
Articles V and VIII of the Tribal Constitu
tion, that a temporary road construction ease
ment and a permanent road right-of-way is
hereby granted to the BIA Branch of Roads,
Warm Springs Agency, and the Confeder
ated Tribes of the Warm Springs Reservation
of Oregon, for a by-pass road at the Rattle
snake Pit Site, Warm Springs River Road, in
Section 18, Township 8 South, Range 14
East, Willamette Meridian, Wasco County,
Oregon, said road right-of-way to be 2,800
feet in length, of various width and 8.03 acres
in size, and the Tribal Council Chairman or
Vice-Chairman and Secretary-Treasurer are
hereby authorized to execute the necessary
documents to carry out the intent of this
Resolution; and.
Be it further resolved. That the temporary
construction easement stated above shall ex
pire immediately upon completion of the
road construction, and the right-of-way grants
to the United States of American, its succes
sors and assigns, the right to enter upon the
nght-of-way to survey, grade, level, fill, dram,
pave,, puild,; maintain, repair and rebuild a. .
public road, including incidental purposes
fctfttJiklemThttcwWi together with such
bridges, culverts, ramps and improvements
as may be necessary; and with the further
right in the US, its successors and assigns, to
transfer said easement for right-of-way by
assignment, grant or otherwise, together with
the right to authorize, permit and license the
use thereof for utility lines, when these are
not inconsistent with the use of the property
for a public road, together with the right of
ingress and egress when necessary for the
purposes of this easement above mentioned.
Certification ,
Six Council members present; five yes
votes; Chairman did not vote
Approved by BIA April 3, 1998
, Resolution No. 9511
Whereas, A Master Mineral Resource
Permit process through Confederated Tribes
of Warm Springs Crushing approved Octo
ber 9, 1 996 enabled a more efficient response
to rock purchasers (i.e., BIA Roads, Tribal
Enterprises, B IA and Tribal Forestry, WSFPI,
Contractors and sub-contractors); and,
Whereas, A rock pit permit system
. through CTWS Crushing gave the "right of
first refusal" on any rock production coming
out of Tribal rock pits; and,
Whereas, A single contact point created
more efficient processing, allowing sub-permits
through CTWS Crushing; and,
Whereas, A single Master Mineral Re
source Permit was issues to CTWS Crushing
on existing, open pit sites and established
rock quarries; and,
Whereas, Mining and excavation will
continue to be subject to cultural clearances
(archaeological site, live stream or riparian
buffer zone); and,
Whereas, A mining and pit restoration
plan was developed for all of the permitted
active sites; and,
Whereas, The BIA and Tribes recognize
that rock aggregate material processed, used
to taken from the Reservation has monetary
value; and.
Whereas, CTWS Crushing monitored
rock material taken from all active Tribal Pits
and collected pit restoration and royalty fees
that was deposited to a special account set up
by the Tribes; and,
Whereas, The BIA in its trustee role has
maintained protection of the reservation rock
resources by maintaining a rock management
plan including administrative oversight of
the Master Mineral Resource Permit to CTWS
Crushing; and,
Whereas, The Warm Springs Confeder
ated Tribes is responsible for the proper use
and control of all rock resources as steward
of the lands on the Warm Springs Reserva
tion; now, therefore
Be it resolved, By the 20th Tribal Council
of the Confederated Tribes of the Warm
Springs Reservation of Oregon, pursuant to
Article V, Section I (0, (g), (k) and (1) of the
Tribal Constitution and By-Laws as amended,
that the Tribal Council hereby directs the
BIA Superintendent to renew the expired
Master Mineral Resource Permit as recom
mended by the local BIA Realty Office and
award a single Master Mineral Resource Per
mit to CTWS Crushing for a period of five
years, beginning January I, 1998: and.
Be it further resolved. That the Secretary
Treasurer is hereby authorized and directed
to assist the BIA Superintendent to imple
ment the Master Mineral Resource Permit
process by execution of a transmittal letter
that is a formal written notification of ap
proval from the Trustee.
Certification
Eight Council members present; six yes
votes: one abstained. Chairman did not vote.
Approved by BIA April 9, 1998
Resolution No. 9512
Whereas, The Warm Springs Confeder
ated Tribes (herein known as the Tribe) was
formerly serviced by Warm Springs Housing
Authority (herein known as the WSHA); and.
Whereas, The Tribe designated Warm
Springs Housing Authority as the Tribally
Designated Housing entity (herein known as
TDHE) and as such, the TDHE is authorized
to receive Indian Housing Block Grant (herein
known as IHBG) funds to administer afford
able housing programs on behalf of the Tribe;
and,
Whereas, The WSHA had a fiscal year
end (FYE) date of December3 1, 1 997, March
31, 1998 or June 30. 1998; and.
Whereas, It has been determined, and is
hereby certified by the Tribe, that there are
insufficient operating reserves available to
continue funding operating expenses for hous
ing units formerly covered under the Annual
Contributions Contract (ACC) between the
Department and WSHA; and,
Whereas, The Tribe determined to take
an advance of its IHBG funds (as authorized
by the Native American Housing Assistance
and Self-Determination Act of 1 996) in order
to continue to fund operating expenses for
tenant-based rental assistance andor for the
continued operation and maintenance of the
current assisted housing stock; and,
Whereas, Once an Indian Housing Plan
(IHP) is determined to be in compliance with
NAHASDA and IHBG funds are approved in
FY 1998, the total formula amount will be
reduced by the amount of IHBG funds ad
vanced; and,
Whereas, The Tribe certifies that the
IHBG funds advanced will be used solely for
operating expenses or tenant-based rental
assistunce that was previously provided; and,
Whereas, The Tribe or TDHE certifies
that it will continue to operate a tenant-based
rental assistance program, if applicable; and,
Whereas, The Tribe certifies that it will
be responsible to repay all IHBG funds ad
vanced if the Tribe, or the TDHE of the Tribe,
fails to submit or get HUD approval of the
IHP; now, therefore,
Be it resolved, That the Tribe requests an
advance of IHBG funs in the amount of
$61,259 for the period beginning January 1,
1998 through September 30, 1998.
Certification
Six Council members present; four yes
votes; one abstained; the Chairman did not
vote
Approved by BIA April 13, 1998
Resolution No. 9513
Whereas, The Tribal Council is the gov
erning body of the Confederated Tribes of
the Warm Springs Reservation of Oregon;
and,
Whereas, The Bureau of Indian Affaire
and the Confederated Tribes have recognized
the need for maintenance and repair of the
Tribal Roads system and that damage caused
by the 1996 fires will also require remodel
and new construction of existing BIA main
tenance facilities; and,
Whereas, The roads an facilities have
been designated as part of the BIA roads
inventory and the Bureau has identified the
funding source for construction, maintenance
and repair to be through the Intermodal Sur
face Transportation Efficiency Act under the
Federal Highways Administration; and,
Whereas, The access road to Power En
terprises has not been included as part of the
roads inventory and is used for public access
and in need of maintenance and repair; and,
' Whereas. The Bureau and the Confeder-
tated Tribes Construction Department est!
mate that the cost to design and construct
these projects is approximately $50,000 and
that an actual cost proposal will be negotiated
for the purpose of entering into a contract
between the BIA and the Tribal Construction
Department; 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 Reser
vation; and.
Whereas, These projects can best be ex
pedited and accomplished by the Confeder
ated Tribes of Warm Springs, by and through
its Construction Department, acting under
Public Law 93-638 contract with the BIA and
by utilizing materials located on the Reserva
tion 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, 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 existing lab and reconstruct storage
building at the Agency Maintenance Facili
ties; incorporate the access road to Power
Enterprises into the roads inventory and
amend the existing repair contract to include
this road; and.
Be it further resolved, That the Secretary
Treasurer 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 amend
ments thereto, on behalf of the Tribe; and,
Be it further resolved, That this authori
zation shall remain in full force and effect
until otherwise amended or rescinded by
Tribal Council action.
Certification
Five Council members present; five yes
votes; Chairman did not vote.
Approved by BIA April 13, 1998
Resolution No. 9514
Be it resolved. By the 20th Tribal Council
of the Confederated Tribes of the Warm
Springs Reservation of Oregon, pursuant to
authority granted in Article V, Section 1 (s)
of the Constitution and By-Laws, that the
following persons be appointed to the Kah-Nee-Ta
Board of Directors with the term as
indicated:
Class III Tribal Member: Garland
Brunoe; Term expiring July 1, 2001
Class III Non-Member: Ed Manion;
Term expiring July 1, 2001
Class II Non-Member: Rick Allen;
Term expiring July 1, 2000; and,
Be it further resolved. That the Board of
Directors will receive $75 per diem, per day
and standard mileage paid by the Confeder
ated Tribes of Warm Springs; and.
Be it further resolved, That such expenses
are to be paid by the Kah-Nee-Ta Resort.
Certification
Seven Council member present; six yes
votes; one abstained; Chairman did not vote
Approved by BIA April 10, 1998
Resolution No. 9515
Be it resolved, By the Tribal Council of
the Confederated Tribes of the Warm Springs
Reservation of Oregon, pursuant to Article
V, Section I (s) of the Constitution and By
Laws, that the following persons be appointed
to the Board of Directors of Warm Springs
Composite Products with the term as indi
cated: Class II Non-Member
Allen Earnest; Term ends December 31,
2001
Class II Tribal Member
Gerald Smith; Term ends December 31,
2001
Certification
Eight Council members present; five yes
votes: 2 abstained. Chairman did not vote
Approved by BIA April 10, 1998
Resolution No. 9516
Be it resolved, By the 20th Tribal Council
of the Confederated Tribes of the Warm
Springs Reservation of Oregon, pursuant to
authority granted in Article V, Section 1 (s)
of the Constitution and By-Laws that the
following persons be appointed to the Board
of Directors of Warm Springs Power Enter
prises with the term as indicated:
Class HI Term Expiring: January 1,
2001
Member: Ralph Minnick
Non-Member: Ed Tarbell
Certification
Eight Council members present; five yes
votes; one abstained, Chairman did not vote
Approved by BIA April 10, 1998
Resolution No. 9517
Be it resolved, By the Tribal Council of
the Confederated Tribes of the Warm Springs
Reservation of Oregon, pursuant to Author
ity granted in Article V, Section 1 (s) of the
Constitution and By-Laws that the following
persons be appointed to the Board of Direc
tors of the Warm Springs Forest Products
Industries with the term as indicated:
Class III: Term Expiring: December 31,
2001
Tribal Member: Jim Manion
Non-Member: Walt Parks; and,
Be it further resolved, That service fees
are to be paid by the Warm Springs Forest
Products Industries.
Certification
Eight Council members present; six yes
votes; one abstained; Chairman did not vote
Approved by BIA April 10, 1998
Resolution No. 9518
Be it resolved, By the Tribal Council of
the Confederated Tribes of the Warm Springs
Reservation of Oregon, pursuant to Article
V, Section 1 (s) of the Constitution and By
Laws and WSTC 400.022 (2) and (6) of the
Tribal Code, that the following are hereby
appointed Commissioners of the Warm
Springs Local Housing Authority:
Terry Courtney, Jr., Commissioner Term
Ending January 30, 2002
Gerald Danzuka, Jr., Chairman
Certification
Eight Council members present; six yes
votes; one abstained; Chairman did not vote
Approved by BIA April 10, 1998
Resolution No. 9519
Be it resolved, By the Tribal Council of
the Confederated Tribes of the Warm Springs
Reservation of Oregon, pursuant to Author
ity granted in Article V, Section I (s) of the
Constitution and By-Laws that the following
persons be appointed to the Warm Springs
Gaming Enterprise Board of Directors with
the term as indicated:
Class II Term Expiring: December 31,
2000
Member: Warren Clements
Non-Member: Randy Goff; and,
Be it further resolved, That service fees
are to be paid by the Warm Springs Gaming
Enterprise.
Certification
Eight Council members present; six yes
votes; one abstained; Chairman did not vote
Approved by BIA April 10, 1998
Resolution No. 9520
Whereas, The Confederated Tribes of the
Warm Springs Reservation has chartered the
Credit Enterprise at Warm Springs; and,
Whereas, Article IV of the Credit Charter
. provides for the appointment by the Tribal
Council for members of the Board; now,
therefore
Be it resolved, by the 20th Tribal Council
of the Confederated Tribes of the Warm
Springs Reservation of Oregon, pursuant to
Article IV, Section I (s) of the Constitution
and By-Laws, that the following persons be
appointed to the Board of Directors of Warm
Springs Credit Enterprise with the term as
indicated:
Class I: Tribal Member
Delford Johnson, Term ends January 1,
2001
Sandra Greene, Term ends January 1,
2001
Certification
Eight Council members present; six yes
votes; one abstained; Chairman did not vote
Approved by BIA April 10, 1998
Resolution No. 9521
Be it resolved, By the Twentieth Tribal
Council of the Confederated Tribes of the
Warm Springs Reservation of Oregon, pur
suant to Articles V and VIII of the Constitu
tion and By-Laws of the Confederated Tribes
of the Warm Springs Reservation of Oregon,
to purchase an undivided 190 interest in
Warm Springs Allotment No. 193, Ta-u-la,
deceased, at the negotiated consideration of ,
$516. The consideration to be paid from
programmed land purchase funds; and,
Be it further resolved, That the subject
land is described as:
An undivided 120 interest in and to: S 1
2SW14, SW14SE14 section 34, township
7 south, range 12 east of the Willamette
Meridian, Oregon, containing 1 20 acres, more
or less; and,
Be it further resolved, That the Secretary
Treasurer of the Tribal Council of the Con
federated Tribes of the Warm Springs Reser
vation of Oregon is hereby authorized to
make payment to the Superintendent of the
Warm Springs Agency for the use and benefit
of the owner upon approval of the convey
ance instrument.
Certification
Seven Council members present, six yes
votes, Chairman did not vote
Approved by BIA April 27, 1998
Resolution No. 9522
Be it resolved, By the Twentieth Tribal
Council of the Confederated Tribes of the
Warm Springs Reservation of Oregon, pur
suant to Article V and VIII of the Constitu
tion and By-Laws of the Confederated Tribes
of the Warm Springs Reservation of Oregon,
to purchase an undivided 1192 interest in
Warm Springs Allotment No. 25 1, You-luks,
deceased, at the negotiation consideration of
$135. The consideration to be paid form
programmed land purchase funds; and,
Be it further resolved. That the subject
land is described as:
An undivided 1192 interest in and to: E 1
2NEJ4SW14, NNW14SE14 section 1,
township 1 1 south, range 1 1 east of the
Willamette Meridian, Oregon, containing 60
acres, more or less; and.
Be it further resolved, That the Secretary
Treasurer of the Tribal Council of the Con
federated Tribes of the Warm Springs Reser
vation of Oregon is hereby authorized to
make payment to the Superintendent of the
Warm Springs Agency for the use and benefit
of the owner upon approval of the convey
ance instrument.
Certification
Eight Council members present, 7 yes
votes. Chairman did not vote
Approved by BIA April 27, 1998