on. COLL.
E
75
.sea
V.
no.
November
30,
P.O. Box 870
Warm Springs, OR 97761
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KNIGHT LIBRARY
I2W UNIVF.RSITY OF OREGON
IllKJIlNIi. OR 97403
yay Tymoo
(Coyote News)
News from the Warm Springs Indian Reservation
35 cents
Nov. 30, 2000 (
Vol. 25 No. 25
Blowdown
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High Lookee Lodge receives
National award
The Confederated Tribes of the
Warm Springs assisted living facil
ity, High Lookee Lodge, tied for the
National Excellence in Affordable
Assisted Living award in the rural
category last month in Miami,
Florida.
Sponsored by the American
Association of Homes and Services
for the Aging (AAHSA) and the Na
tional Cooperative Bank Develop
ment Corporation (NCBDC), the pur
pose of the competition was to "rec
ognize and disseminate replicable
examples of affordable assisted liv
ing, which provide excellence in ser
vices and environment".
High Lookee Lodge, is a 40-
Happy Holidays
From Spilyay Tymoo
Giardia outbreak at
An outbreak of Giardiasis has
been detected at the Warm Springs
Early Childhood Center. The Warm
Springs Health and Wellness Center
along with Public Health officials are
in the process of controlling and
eliminating this outbreak.
Children enrolled at the ECE are
being treated to aid in the prevention
of the spread of Giardia, even though
symptoms are not present.
Giardia
Giardia is a small parasite that
causes an infection in the bowels or
intestines. The intestine is the tube
that goes between the stomach and the
anus (rear end). Giardia can be caught
from infected w ater, food and or un
washed contaminated hands. Drink
ing w ater from a stream while camp
ing or hiking is a quick way to catch
this little critter. . .this is known as
the "Beaver Fever" and manv a
Settlement: Tribes continue efforts
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Timber standing at the blowdown
unit assisted living facility, designed
to meet the cultural, social, spiritual,
and physical needs of the tribe's Na
tive American elders, incorporating
the cultures of the Warm Springs,
Wasco, and Paiute Tribes.
Having already received an
award for its design by LRS Archi
tects, this latest recognition credits
High Lookee Lodge with its creativ
ity and accomplishments in overcom
ing funding, physical program and
organizational challenges. Portland
based, Concepts in Community Liv
ing provides the operational and prop
erty management services to the
Lodge.
Early Childhood Education Center
camper has been fooled by cold clear
running streams. Giardia is easily
spread among family members and
especially children in daycare centers.
Symptoms of Giardiasis
Abdominal (belly) cramping
Bad diarrhea, which smells bad
Bloating and bad smelling gas
(farts)
Tiredness
Fever
Headaches
Weieht Loss
What to do
Follow the instructions of your
healthcare giver carefully.
Follow the instructions on the
label of your medication carefully.
Drink 6 to 8 (pop can size) 1 2
ounce glasses of w ater each day to
prevent dehydration.
Call the clinic if you have any
questions. You will be directed to a
site.
Title IX
meeting set
The Title IX Parent Advisory
Committee will meet at the Warm
Springs Elementary Library on Tues
day December 12, 2000 at 7 p.m. The
Committee will get results of the
Needs Assessment Survey and look
at membersh ip. Any person interested
in being a member of the Title IX
Parent Advisory Committee is urged
to attend.
Title IX meetings are open to all
members of the public. The Commit
tee meets at 7 p.m. at the Warm
Springs Elementary Library on the
second Tuesday of each month. If you
have a disability, please advise the
District 509-J Support Services office
about special arrangements that may
allow you to fully participate in the
meeting. Please call Georgia Sosa at
475-6192.
Public Health Nurse or other
healthcare provider for answers.
Remember to wash hands with
soap and water after using the bath
room or changing a dirty diapers ev
ery time, and especially before han
dling food for yourself or others.
Children at the ECE are being
treated with a medication called Fura
zolidone (Furoxone) to treat bowel
and stomach infections that cause di
arrhea. During the week of November
27 children are being treated. The
same weekend the building w ill be
cleaned professionally to eliminate
any possible contamination of the
building.
After this process is complete,
any person w ho tests posit ive for Gia
rdia can be treated promptly to pre
vent the spread of this parasite.
The Confederated Tribes of
Warm Springs is still trying to recover
revenue lost as a result of alleged
mismanagement by the federal gov
ernment. The claim stems from
charges relating to a timber salvage
operation, which took place on the
McQuinn Strip over 1 0 years ago and
came to be known as the 1990
Blowdown Sale.
The tribes' original claim was
filed in 1992. The interior secretary
initially rejected that claim, but an
amended version finally went to trial
in Portland during the month of De
cember 1997. The tribes argued for
$ 1 8 million in damages, but they were
unable to convince the U.S. Court of
Claims.
The court issued an Opinion and
Order nearly two years later. The
judgment was for the tribes, but the
cash settlement was just $226,756.
. That ruling is now being appealed.
A panel of three U.S. Circuit
Judges for the U.S. Court of Appeals
for the Federal Circuit heard the case
on Nov. 7 in Washington, D.C. The
hearing lasted for nearly an hour, well
beyond the scheduled time allotment
of 30 minutes, allowing the judges
enough time to thoroughly question
both tribal attorney Martin Hansen
and U.S. attorney Ann Peterson. The
extended hearing indicates the judges
closely reviewed records from the
District Court trial prior to the hear
ing. In the appeal, Hansen argued that
the U.S. Court of Claims' 1998 deci
sion had failed to adequately compen
sate the Confederated Tribes for all
the timber removed in the BIA-ad-jninistered
blowdown sale. Hansen "
specifically stated the decision erred
by applying domestic prices to export-quality
logs removed during the
sale, by not compensating the tribes
for timber that was harvested within
the sale but not accounted for, and by
not compensating the tribes for tim
ber harvested outside the bounds of
the sale.
Hansen requested that the case be
WSFPI reduces workforce
On Dec. 1, representatives
of Warm Springs Forest Prod
ucts Industry (WSFPI) gave a
60-day notice of termination, as
required by law, to 65 employ
ees. This action will lead to a
reduction in force to go to one
shift.
Plans are being formulated
to assist those people who will
be without jobs. WSFPI will be
working with Central Oregon
Intergovernmental Council, the
Tribal Education Branch,
COCC, and others to create a
support network. Funds for
training will be available
through the North American
Free Trade Agreement.
The process to identify
personnel who will not be
terminated was a lengthy one.
First, essential positions were
identified, then filtering pools
were created to address different
work related areas. Issues such
as dedication, skill level,
performance, attendance, and
safety were used to help super
visors identify those people who
would remain on the job. The
tribe's Affirmative Action
policy was also a factor in this
process. After the initial list was
made, it was again scrutinized
w ith the Affirmative Action
policy as a major influence.
"We've done our best to
evaluate these positions using
Affirmative Action and other
criteria, including seniority, as a
guide," said Larry Potts, WSFPI
to recover
remanded back to the Court of Claims
level with instructions that the court
require the United States to pay the
Confederated Tribes full compensa
tion for all the removed timber, in
cluding any penalties associated with
timber harvested in trespass.
Peterson, from the U.S. Depart
ment of Justice, argued that the BlA's
only breach of trust responsibility
occurred in the development of the
forest management plan guiding the
harvest of McQuinn and other Warm
Springs timber. She said the
blowdown sale was properly con
ducted, and the tribes were fully and
fairly paid.
The judges were interested in
specific facts of the case, even though
federal appeals courts normally limit
their examination of an appeal to
questions of law. They engaged in
discussions with Hansen about spe
cifics of the timber sale and the ex
tent of green timber harvested in what
was supposed to be primarily a
blowdown salvage sale.
In response, Hansen detailed nu
merous instances where the BIA
failed to keep track of logs moving
out of the sale, where high value logs
were sold for much lower prices,
where attempts were made to pass off
good logs as cull, or where logs sim
ply disappeared.
Tribal representatives are hoping
the court will issue its ruling on the
appeal in about three months, al
though longer waits are not uncom
mon. The tribes' case against the gov
ernment for breach of trust centers on
their claim that the BIA mismanaged
the salvage sale and cut timber be-
yond the McQuinn Strip's sustained
yield. The tribes also allege the BIA
operated outside rules and regulations
set forth by the interior secretary.
In 1990, tribal leadership became
concerned over the large volume of
timber planned for sale on the
McQuinn Strip and the fact that high
value export-quality timber was be
ing designated for domestic sale when
general manager, "All things were
taken into consideration but no
one particular area was all
conclusive in helping us deter
mine what needed to be done."
Potts went on to say that
WSFPI is now doing what many
other mills off the reservation
were forced to do earlier; to cut
costs and enable the enterprise to
remain profitable. "If we allow
Warm Springs Forest Products to
go bankrupt, it could cause great
harm to the tribes," said Potts.
"We must see to it that that does
not happen."
The reservation's annual
allowable cut of 48 million board
feet allows the mill to operate one
shift. A second shift requires the
purchase of off-reservation logs.
These logs have become scarce
and cost prohibitive in recent
months.
"Part of our timber industry is
based on the economy," said
human resources manager Teresa
Van Pelt. "When log prices are
high and lumber prices are low,
we must adjust accordingly."
With no sign of an upswing
in the timber industry, WSFPI
began to feel the pinch. By
October of this year the enterprise
had lost $3.8 million and there
was no indication of any signifi
cant change on the foreseeable
horizon.
After a through analysis of
WSFPI's operation, management
recommended to the WSFPI
Board of Directors that the
''diversity cf nrP-.--, f
deceived tn: 1-C7":C?
revenue
it could be expected to bring a much
greater return to the tribes if it were
held until export and tribal harvest
restrictions expired on Jan. I, 1992.
A review of harvest data showing the
1972-92 sustained yield had ahead)
been exceeded by 1 989 and a major
blowdown of timber the following
year focused attention on the pro
posed salvage sale.
While the BIA had the authority
to salvage timber in the blowdown
area, the tribes contend the federal
government did not have authority to
harvest unaffected green trees. Dam
ages were also sought for loss of in
come and profits, and loss of growth
that would have been realized had
standing timber been left for future
harvest.
Other claims of mismanagement
faulted the BIA for allowing timber
to be cut outside the sale area, not
accounting for missing large logs,
waste in the form of cut trees being
left on site, loss of wildlife habitat,
inadequate regeneration, and double
damages (as provided for under Or
egon law) for allowing or directing
unauthorized cutting.
Ironically, the long battle to re-
establish the reservation's original
northern and western boundaries and .
regain the McQuinn Strip did not end
with the 1972 passage of Public Law
92-427, as many thought it had. The
law restored tribal ownership of over
6 1 ,000 acres that had been in the na
tional forest system and placed an
other 17,251 acres of patented, pri
vately owned land inside the reser
vation. However, a concession to private
timber interests resulted in a provi
sion that prohibited the tribes from
participating in the purchase and har
vest of McQuinn Strip timber from
1972 to 1992. Instead, the timber was
auctionea to private parties on a sus
tained yield basis and in accordance
with established rules and regulations
of the interior secretary. The tribes are
contending the BIA did not abide by
this agreement.
workforce be reduced to one
shift. On October 19 the WSFPI
board gave their final approval
to the recommendation.
When the plan was pre
sented to Tribal Council,
Raymond Tsumpti, Sr. asked
that further research be done to
see if there was another way to
address this problem on a short
term and long-term basis. A
special team known as the
"Gang of Four" was appointed
to research the possibilities.
The team was comprised of
Ralph Minnick, WSFPI Chief
Financial Officer, Gordon
Cannon, BIA superintendent,
Mark Jackson, Warm Springs
forest manager, and Jody Calica,
the Tribes' chief operation
officer.
On Nov. 20 the Gang of
Four reported back to Tribal
Council with a recommendation
to harvest 4 million board feet of
timber outside the commercial
forest base in restricted use areas
to keep the swing shift working
for another 60 days. Since the
timber was not in the commer
cial forest base it was not going
to be extracted from the annual
allowable cut.
Tribal Council agreed that
after the additional volume had
been identified and the
workforce was given 60-days
notice, the recommended layoffs
would occur. The terminations
will take effect Feb. 2,2001.
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