Sept 9, 1999
Vol.24No.19
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Warm Springs
Fire predicted to
Fire Crews have been fighting the
Rainbow Quarry Fire since Sunday,
September 5, 23 miles north of Warm
Springs. On September 7 the
Rainbow Quarry Fire was sized up at
2586 acres. On Wednesday,
September 8 it had some additional
acres burned, yet firefighters have
the fire hooked and have achieved
over 80 containment. Wednesday,
September 8, firefighters expected
to have full containment of the blaze.
The fire burned 23 miles North of
Warm Springs on Reservation land
and private lands protected by he
Oregon Department of Forestry. The
Central Oregon Interagency y
Incident Management Team is
coordinating fire fighting resources
and interagency coordination has
been key to successful suppression
efforts. Resources on the fire have
included Interagency Hot Shot
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Stalking, harassment, curfew, and minors trust fund
addressed in Tribal Council Resolutions
The Tribal Council passed three
very significant resolutions on
Monday, August 16, 1999.
Resolution 9736 adds a "stalking"
and "harassment" provision to the
Tribal Law and Order Code. It will
provide additional protection to
individuals within the jurisdiction of
the Tribes. The resolution reads, in
part;
Section 305.180 - fStalkiny. Any
Indian or other person who shall
knowingly alarm or coerce another
person, or a member of that person's
immediate family or household, by
engaging in repeated, unwanted
contact with the other person where
the repeated and unwanted contact
causes the victim reasonable
apprehension regarding the personal
safety of the victim or a member of
the victim's immediate family or
household, shall be deemed guilty of
stalking.
Section 305.185 - Harassment.
Any Indian or other person who shall
intentionally:
1 ) harass or annoy another person
by (a) subjecting such other person
to offensive physical contact; or (b)
publicly insulting such other person
by abusive words or gestures in a
manner intended likely to provoke
violent response; px
2) subject another to alarm by
conveying a false report, known by
the conveyer to be false, concerning
death or serious physical injury to a
person, which report reasonably
would be expected tocause alarm; er
3) subject another to alarm by
directly or indirectly conveying a
threat to inflict serious physical injury
Spilyay
(Coyote
Elementary welcomes all students
be contained
Crews, Type II hand crews, engine
crews, contract hand and engine
crews, helicopters and air tankers.
Other resources such as tenders,
dozers and fallers have helped with
the fire fighting effort.
The cause of the fire is still under
investigation.
Fire officials want to remind the
public that although the temperatures
are cooling off at night, it is still
extremely dry. "We have not received
any significant amount of moisture
on the east side of the Cascades"
stated Tom Andrade, Incident
Commander of the Central Oregon
Interagency Incident Management
Team, "we ask that recreationists,
hunters and Central Oregon residents
call a Central Oregon fire agency to
find out current fire restrictions on
the land they will be visiting." Help
prevent fires before they start.
on that person or to commit a felony
involving the person or property of
that person or any member of that
person's family, which threat
reasonably would be expected to
cause alarm;
shall be guilty of harassment.
Nine Council members
constituted a quorum with 8 voting
for the resolution and the Chairman
not voting.
Resolution No. 9737 states that
the "Curfew" authorized by Tribal
Code Section 360.410 will be
amended to read:
1) It shall be unlawful for any
juvenile under the age of 1 8 to be on
the public streets, highways, or other
places open to the public on the Warm
Springs Indian Reservation between
the hours of 8 p.m. and 6 a.m. on any
night preceding a school day or
between the hours of 10 p.m. and 6
a.m. on any night not proceeding a
school day, unless the juvenile has
good cause, or unless the juvenile is
accompanied by a parent, guardian,
or other competent adult with
permission of the juvenile's parent
or guardian.
2) Any parent or guardian of a
juvenile who is found to be in
violation of the immediately
preceding Section ( 1 ) shall be subject
to petition and hearing before the
Juvenile Court to show cause why
the juvenile under hisher control is
not complying with the curfew law.
Upon a finding by the Juvenile Court
that the parent or guardian to monitor
curfew compliance by the juvenile
or pay a fine pursuant to WSTC
Section 305.515, to perform
Tymoo
News)
r
Dodge ball still a favorite.
'The Peoples Plan"
Executive Summary
Comprehensive Plan mailing date
Monday, September 1 3, 1 999.
The Executive Summary will be mailed to each local mail
box. It represents the voice of 900 community members who
have spoken the future direction to us.
You will also receive a voucher for each head of
household to redeem and get a copy of the Keepsake
Document. The Keepsake document Is a family book to
record your family history, including deaths, births, family
tree, oral histories, traditional use areas and many others.
The Keepsake document is a place for you to pass down
your family knowledge, history and values to the next
generation.
Community Service Work or both;
and shall be subject to Contempt
Power of the Court.
The implementation of these
amendments will be delayed until
November 30, 1999 to provide for
public awareness of these changes.
The Secretary-Treasurer will post
copies of the Resolution in at least 5
public places on the Reservation until
November 30.
Six members were in attendance,
constituting a quorum. The
Resolution passed with an affirmative
vote of 5 members, with the Chairman
not voting.
The third resolution, Resolution
No. 9738, proved contentious with
the Chairman voting to break a 4 - 4
tie. The resolution addressed the
minors Trust Fund. The Trust Fund
Agreement was established March
17, 1958 to provide funds to help pay
for the continuing education costs of
minors, and to encourage members
to complete their high school
education and to continue higher
education.
Resolution No. 9738 states that
Whereas, The majority of the trust
funds disbursed to Tribal members
between the ages of 18 and 21 years
are not utilized for educational needs
and much of it is utilized to the
detriment of the health, safety,
welfare, and morals of such minor
Tribal members, as evidenced by the
numbers of alcohol and controlled
substance related cases in the Tribal
Court; and, Whereas, There are an
increasing number of offenses
committed by minor members of the
Continued on page 2
P.O. Box 870
Warm Springs, OR 97761
Change Service Requested
back-to-school
(
TC priorities to assure maximum progress on Agenda
This is the 2nd article in a series on Tribal Council Hriormes
Realizing that a three year term in
office can go by quickly, the 21st
Tribal Council opted to set goals and
priorities to maximize their
effectiveness. When they made their
top priority financial, economic
development and employment issues,
the Tribal Council reconfirmed the
need to look toward the future. To
realize our desired future, we must
create a healthy, diversified
reservation economy that produces
meaningful job opportunities and
sound financial investments that
provide resources for the Tribal
organization and general
membership.
Tribal Council identified four
desired financial results:
(1) Implement a financial
management plan for all Tribal assets
and investments; (2) Bring on-line at
least 1 new major Tribal revenue
source by 2001; (3) Establish
business plans with challenging
financial goals and realistic
operational standards for all Tribal
enterprises; and (4) Secure an optimal
Home Improvement
The Warm Springs Housing De
partment is accepting applications for
the BIA Home Improvement Program
(HIP) grants. The HIP program will
allow qualified home owners to re
ceive a grant that will be used to make
repairs to their home. Applications
can be picked up at the Housing De
partment. The deadline for accepting
applications is September 30, 1999.
The HIP program will assist as
many homeowners as the budget al
lows. The Warm Springs Tnbes re
ceive a limited amount of funding
SI. RIALS DJ
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Relicensing project
By Anthony Brunoe
During the summer, the Tribes
offer students the opportunity to work
in various departs on and off the
reservation to gain work experience.
As one of those students, I have held
a summer job at Spilyay Tymoo, and
this year at Warm Springs Power
Enterprises. I happened to be working
at Power Enterprises during the
relicensing process, and was given
the opportunity to sit in on the
meetings. After the meetings ended,
I was asked to write an article about
the process from my point of view.
ThcConfederatcdTribcsofWarm
Springs recently held three meetings
with federal and slate agencies and
other resource managers involved in
the Pclton-Round Butte relicensing
project. The three meetings spanned
from August 3rd through the 5th, in
which terms of relicensing were
discussed. The Confederated Tribes
has decided to apply for the license,
and should the license be granted to
the Tribes, control and management
of the project will be turned over to
the Tribes. With the decrease in
forestry products, the Tribes will be
able to provide needed revenue
through the project, as well as manage
the effect the project has on local
resources.
For the past 50 years the Pclton
Round Butte Project has been under
the control of Portland General
Electric (PGE). However, the term
of the license (50 years) is nearing an
end, and PGE must submit a Final
License Application to the Federal
Energy Regulatory Commission
. (FERC), in order to have.the. project
relicensed under their name.
However, with one-third of the
project on the Warm Springs
Reservation, the Tribes will also be
submitting their own License
Application to FERC, in order to
have control of the project for the
term of the next license period. This
has created a unique situation, not
only are there two applicants, but
one applicant, the Confederated
Tribes of Warm Springs, is a
sovereign nation. FERC will review
the applications, and grand the license
to the applicant they choose.
Each potential licensee formulates
their own Draft License Application,
a plan of how the project would be
run should that applicant be granted
the license. Meetings are then held
by each applicant in order to receive
input from various governmental and
non-governmental agencies, as well
as the public. After such meetings,
financial return for all Tribal
investment accounts without
exposing the principal to an
unacceptable level of risk.
Tribal Council also identified four
desired results in the area of
employment. These four are; (1) To
develop 50 new jobs in the
community each year; (2) Employ
75 tribal members annually onoff
the reservation; (3) Increase the job
skills and upward mobility of tribal
member employees in the
organization and enterprises; and (4)
Improve employee accountability for
time "on the job" and service quality.
In the area of small business
development, Tribal Council
identified three areas; (1) Facilitate
the on-reservation start-up,
expansion and success of 5-10 tribal
member owned businesses per year;
(2) Create the legal and physical
environment necessary to make the
reservation more attractive to private
investors to promote business growth;
(3) Increase opportunities to recruit
and develop tribal members as
Grant available
each fiscal year. Each Applicant's re
auest will be reviewed for complete
ness, assigned points on key criteria
and then prioritized in accordance with
the BIA policy. Applicants will be
required to: fill out an application, pro
vide a copy of their 1998 tax return,
home ownership, copies of awards from
SSIAFS, proof of Indian Blood and
statement of holdings at IIM.
For more details contact the HIP
Coordinator Lee Tom at the Housing
Office or call him at 553-3250.
U.S. Postage
Bulk Rate Permit No. 2
Warm Springs, OR 97761
TW
joint meetings held
revisions are made to the Urait
Application.
Currently, PGEowns the majority
of the project, and is applying for the
same ownership of the project for the
next term of the license. They
currently are licensed to run Pclton
Dam, Round Butte Dam, as well as
the Reregulating dam in Warm
Springs. However, the Tribes own
the generator facility within the
Reregulating dam. With this in mind,
the Tribes have made the move to
apply for full project operation.
Since PGE is a utility company
producing electricity and owning
very little land, they have little
influence with land and resource
management. The Tribes however,
have a larger interest in the resources
and wildlife effected by the project,
and therefore have developed detailed
plans to manage wildlife and
resources such as fish and water.
These differences in applications tend
to present the Tribe as a strong
candidate for the license in that they
want to run the project as a whole,
and attempt to repair and maintain
wildlife and resources that have been
damaged by the project.
While each applicant has their own
idea of how the project should run,
there is also the possibility the Tribes
and PGE will make a settlement.
Should the Tribes and PGE make a
settlement agreement, there may be
granted a joint license, in which both
PGE and the Tribes will own and
operate the project.
Tuesday's meeting covered
Project operations, Water Resources,
and Fisheries Resources. Issues on
fish disease, and fish passage were
topics that were discussed during the
meeting. Throughout the meeting,
various Tribal, Federal, and State
organizations asked questions, and
made comments on the Draft
Application.
Wednesday's discussion involved
Terrestrial resources, land
management, and Cultural
Resources. Wildlife, shoreline,
riparian and wetland habitat
management plans were presented.
Some discussion included the effect
of the project on mule deer winter
range. Due to the project, the mule
deer that migrated to lower elevations
don't have warmer places to migrate
to during the cold winters. The
management of such issues was
discussed in the Draft Application.
Also covered in cultural resources
management were proposals for
Continued on page 3
employees, contractors and vendors.
There are a number of areas
involving capital improvement
projects and economic initiatives
underway. The Tribal Council
earmarked the Pelton
Hydro-relicensing project, the Casino
expansion project, Sanitary Landfill,
Waste Water Treatment Plant, Elder
Care Assisted Living Facility,
Simnasho Store, and the old IHS
Clinic remodel as priorities.
The second priority is Social
Issues, Public Safety and Personal
Responsibility. The Tribal Council
stated that the ability of our
community to correct or resolve
unacceptable social behavior remains
very high on their agenda. They felt
that we, as a community, have
allowed ourselves to accept the act of
observing wrongdoing and looking
the other way. We need to encourage
and recognize individual
achievement yet hold individuals
accountable for their inappropriate
behavior.
Tribal Council identified the
following desired results pertaining
to their second priority. (l)Complete
a comprehensive evaluation of the
effectiveness of the Tribes' Public
Safety, rehabilitation and the Tribal
Court Justice services delivery
system. (2) Determine the role,
expectations and responsibilities of
the Federal Trustee and the threshold
for federal jurisdiction and
involvement in the public safety area.
(3) Create a healthy, safe and
crime-free community. (4) Ensure
responsive and effective emergency
services delivery thoughout the
reservation. (5) Eliminate the
"revolving door" syndrome in the
Tribes' justice system.
Continued on page 2
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