Spi lyqy Tymoo, Wrro Springs, Oregon Au j ust 25, 2001
Warm Springs Tribal Council
Resolutions passed in
March and April 2001
The passage ol Resolution No. 9986 on March 12, 2001, autho
rized the Secretary Treasurer to apply lor a grant from the Administra
tion for Native Americans (ANA) in the amount of $125,000 per year for
three years. The purpose is to complete a directive from the Compre
hensive Plan (the People's Plan) for the Education & Personnel Branch
to establish and implement a language program designed to maintain
and preserve our native Sahaptin, Wasco and Paiute languages.
By passing Resolution No. 9987 on March 14, 2001, the Tribal
Council amended Ordinance 74 to incorporate changes providing per
manent status for the Integrated Resources Management Plan (IRMP).
The Tribal Council approved and adopted the revised plan for the For
ested Area, and the revised management zones representing the Bal
anced Approach to resource management as a permanent plan with
out an expiration date. The Resource Management Interdisciplinary
Team will conduct a formal review of the IRMP at least once every five
years. The general manager of the Natural Resources Department has
primary responsibility for enforcement of the IRMP.
Resolution No. 9988 authorizes the SecretaryTreasurer to take
$338,000, 10 of the General Fund surplus from the year 2000, and
transfer it to the Revenue Reserve Fund. The Tribal Revenue Fund
was established to ensure that the Confederated Tribes have financial
resources to protect the long-term financial stability of the Tribes, to
take advantage of future opportunities, and to secure necessary bor
rowing and for other purposes.
On March 19, 2001, the Tribal Council passed Resolution No. 9989
approving the following as enrolled members in accordance with Reso
lution No. 4301.
NOTED:
Andy, Marissa Lynn 021601
Culps, Alyssa Telese 031601
Edwards, Alexia Larae 031301
Flores, Justin 030701
Garcia, Byron 031601
Hanslovan, Loree Dee 031601
Johnson, Alony Desmona 031601
Johnson, Courtney Dennis 031301
Kalama, Aiyanna Flora 030201
LeClaire, Tyler Dean Arthur 030701
Leonard, Jeston Wade 022601
Moody, Monique Charise 031401
Munson, Brittany Nicole 030701
Munson, David James 030701
Queahpama -Scott Eric Arturo 031201
Spino, Joycelynn Rose 031601
Thomas, Jones Williams 030701
Tom, Corbett Isaac Jr. 022001
Whipple, Annalise Marie 030501
Zamora-Heath, Jackie Night 031601
Alonso, Wilma Ida 030601
Decora, Anna Queen 021201
Eriza, Ellikaya Marialynn 030301
Jim, lone Kendalynn Lee 012201
Laliberte, Justin Gary Wade 012201
Lopez, Jarron Jamie 021 501
Lopez-Eriza, Elias Efrain 031601
Nelson, Donminic Keith 012201
Orozco, Olivia Rose 020601
Orozco, Elisa Anadaisa 020601
Reynoso, Isaac Leo ' :; 020901
Santos-Howe, Damian Lee 022801
Saludo-Sanchez, Maureen 030691
Sarabia, Roman Sandoval 021601
Smith, Jaron James 022101
Stanley, Jerome Albert Jr. 012201
Tapia, Darrin Miguel 030601
Bailey, Connie Lee 021301
Clements, Jerry Allen 030901
DeLarosa, Elizabeth Brittany Ann 030201
Garcia, Reuben Nick 030901
Henry, William Anthony 030601
Hofsetter, Andrew Richard 030901
Kaleak, Ina 030901
Lovincey, Special Lamontey 031601
Martinez, Paul Alexander 021601
Martinez, Dennis Ray 021601
Martinez, Ernestine 021601
Martinez, Rose Mary 021601
Martinez, Rosella 021601
Nejal, Paisley Pilch Marie 031601
Nejal, Sweet Water Ariel 031601
Nelson, Tamara Jeanette 031501
Queahpama-Scott, Adrian Rafael 031201
Shaw, Shawnele Bernice 022201
Silguero, Maria Ellena 030601
Five applicants were denied membership because of blood degree.
The Tribal Council passed Resolution No. 9990 on March 1 9, 2001
asking the Secretary of the Interior to approve an election date of May
22, 2001, for the purpose of voting on adoptions. At least fifty percent
(50) of the members entitled to vote are required to vote in the elec
tion and in order to be adopted, each person must receive a majority
vote of the qualified voters.
To restore anadromous fish in the Columbia River Basin, the Con
federated Tribes supports the Columbia River Inter-Tribal Fish
Commission's use of US Environmental Protection Agency General
Assistance Program (GAP) funds for technical assistance to the tribe,
consistent with the Tribal Restoration Plan. Resolution No. 9991 au
thorizes the Executive Director of the Columbia River Inter-Tribal Fish
Commission to submit a grant proposal to the United States Environ
mental Protection Agency General Assistance Program this year and
during each of the subsequent three years to be used to develop tribal
capacity to plan, coordinate, and implement watershed and habitat res
toration activities.
The Warm Springs Worker's Compensation Committee proposed
amendments to the Tribal Council after reviewing the operation of the
Workers' Compensation program since Chapter 375 became effective
in March 1988, and since the last amendments update of the Workers'
Compensation Code approved by the Tribal Council by Resolution No.
9105, on August 7, 1995. After hearing the recommendations of the
Committee, the Tribal Council passed Resolution No. 9992 approving
the amendments.
With the passage of Resolution No. 9993, on March 20, 2002,
Margie Tuckta was appointed to the Warm Springs Workers' Compen
sation Committee representing Indian Head Casino, and Jacob Cochise
was appointed to the Workers' Compensation Committee representing
Warm Springs Composite Products.
In Reviewing the proposed Interim Management Agreement for
Upriver Spring Chinook, Summer Chinook and Sockeye", that would
govern mainstem Columbia River Spring Chinook and Sockeye salmon
harvest and production measures for the 2001-2003 fishing seasons,
the Tribal Council passed Resolution No. 9994. Tribal Council deter
mined fiat approval of the agreement is in the best interest of the Con
federated Tribes and its rnembers and will help to protect the off-reser
vation treaty fishing rights reserved In the Treaty with the Tribes of
Middle Oregon of June 25, 1855.
The Confederated Tnbes and the State of Oregon have I long
history of cooperative Intergovernmental agreements. In passing Reso
lution No. 9995, the Tubal Council acknowledged that the Joint State
ment of Principles by the Confederated Tnbes and the Oregon Depart
ment ol Justice regarding Tribal-Stale Agreements sets forth the par
ties' understandings and should provide a means to facilitate intergov
ernmental agreements between the Tribe and the State, and their agen
cies. With the resolution, the Tnbal Council approved the Chairman to
execute the Joint Statement. In essence, It means that the Tribes and
the State of Oregon will continue to work toward satisfactory intergov
ernmental agreements, which meet the needs and purposes of each
sovereign.
The Fish and Wildlife Committee recommended to Tribal Council
that the National Marine Fisheries Service and the other Parties to the
2001-2003 Interim Management Agreement for Spring Chinook, Sum
mer Chinook, and Sockeye have agreed to a treaty Indian harvest of
the upriver Spring Chinook salmon run not to exceed 13 ol the run.
Agreeing to the committee's recommendation, Tnbal Council passed
Resolution No. 9996. The resolution sets the Confederated Tribes'
share of the allowable Spring Chinook salmon gillnet harvest limit to
1700 Spring Chinook.
The Tribal Council was advised by the Fish and Wildlife Committee
and the Department of Natural Resources TechnicalBiological staff that
the predicted return ol Deschutes River wild Spring Chinook salmon
will require a harvest restriction on the treaty fishery for wild Spring
Chinook salmon to ensure optimal spawning escapement. Resolution
No. 9997 set the season as beginning April 1, 2001 and ending June
15, 2001. The resolution included a number of restrictive regulations
for tribal subsistence fishing at Sherars Falls and other locations on the
Deschutes River. It stated that the Warm Springs River and all its tribu
taries will be closed to all fishing for Spring Chinook salmon and steel
head for protection of those stocks.
The Bureau of Indian Affairs and the Confederated Tribes agreed
to submit 7 road construction projects for fiscal year 2001 . These projects
are an integral part of the future of Warm Springs housing plans and
school bus routes. The Bureau and the Tribes' Construction Enterprise
estimate that the cost to construct these projects is approximately
$5,419,390.00. An actual cost proposal will be negotiated for the pur
pose of entering into a contract between the BIA and the Tribal Con
struction Department. Resolution No. 9998 gives the Secretary Trea
surer the authority to make application, negotiate and execute the con
tract on behalf of the Tribe.
Citing a need for extension of an electric service line to serve Salmon
Drive, Sunnyside Subdivision, Phase II, the Tribal Council passed Reso
lution No. 9999 authorizing a service line over and across Tribal Tract
No. T3821 for purposes of the electric distribution line to serve Salmon
Drive, Sunnyside Subdivision, Phase II, at a construction cost estimate
of $57,126.00.
Resolution No. 10000 authorized a 50 year, 5 acre home site lease
of tribal land in the Seekseequa area to Flint Scott.
The Tribal Council passed Resolution No. 5546 on August 20, 1979
to approve and authorize the purchase of fee property from Paul Shoen
and Ed Hagen. That property has become known as the Shoen Hagen
property. Resolution No. 10001, passed on March 21, 2001, mandates
that Resolution No. 5546 be amended to provide for the necessary
request by the Tribes to the Bureau of Indian Affairs to commence with
the transfer of the Shoen Hagen property to trust status for the use and
benefit of the Tribes.
The Tribal Council passed Resolution No. 8059 on July 3, 1990
authorizing the purchase of fee property from Jack V. Eyerly. The prop
erty, 197 acres located on the south bank of the reservoir formed by
the Round Butte Dam Hydro-Electric Project at the confluence of the
Metolius River where it meets Lake Billy Chinook, is known as the
"Eyerly" property. The Resolution authorized the purchase of the prop
erty but didn't provide for the Tribes request to transfer the property to
trust status. Resolution No. 10002 authorizes that Resolution No. 8059
be amended to provide for the request to the BIA to transfer the prop
erty to trust status. It also requests Metolius Properties Corporation to
transfer title ownership to the Tribes for purposes of facilitating the trust
conversion.
paid Irom programmed land purchase funds.
In recent years, the mountain pine beetle has heavily damaged the
lodge pole pine stands in the Biddle Pass area ol the Reservation. The
Branch ol Forestry and the Natural Resources Branch have done initial
surveys ol the area impacted by the mountain pine beetle. The Initial
estimated volume available lor salvage could be as high as 10-16 mil
lion board feet, dopending upon the salvage plan selected. Following
the Integrated Resources Management Plan, the branches believe sal
vage ol insect killed and damaged trees in the Conditional Use area of
Biddle Pass can be accomplished with minimal resource impacts. Tribal
Council passed Resolution No. 10011 authorizing the Branch ol For
estry and the Natural Resources Branch to proceed with a salvage
operation plan ol insect killed and damaged timber in the Conditional
Use area of Biddle Pass.
Citing a need to adopt rules and regulations governing the opera
tion of the new Warm Springs Community Water and Sewer System,
the Tribal Council passed Resolution No. 10012. A document attached
to the resolution entitled Warm Springs Water and Sewer System Act
satisfied the need for rules and regulations governing the operation ol
the water and sewer system. The Warm Spnngs Water and Sewer Sys
tem Act, Warm Springs Tnbal Code Chapter 431, was adopted as Re
vised Tribal Ordinance No. 62.
On April 9, 2001, the Tribal Council passed Resolution No. 10013
enrolling the following as members ol the Confederated Tribes ol the
Warm Springs Reservation ol Orogon.
NOTED:
Ivanna Joan Bailey 032601
Uandro Briseno 012001
Trenton Lawrence James Calica 032701
Murry Allen Harris 032201
Alyssa Ann McGill-Boise 032801
Anita Mae Silguero Mendoza 031401
Julian Augustine Queahpama 031201
Adam Gabriel Rubio, Jr. 031201
Daniel Antonio Samuels 032701
Tribal Council addressed leases pertaining to the Baptists church
facilities on April 9, 2001. With the passage of Resolutions No. 10014
and 10015, the Tribal Council complied with the desire of the Home
Mission Board of the Southern Baptists Convention Inc. to transfer
management of mission properties to local entities. The leases were
transferred to the Juniper Baptists Association of Bend, Oregon.
Resolution No. 10016 authorized the United States Postal Ser
vice to exercise their option to renew Lease No. 3131, for an additional
Five-year term beginning September 01 , 1 999 through August 31 , 2004.
A new appraisal was done bringing the rental value up from $591.66
per month to the current rental of $656.34.
Tribal Council passed Resolution No. 10017 authorizing the
completion of the transfer process for taking fee land into trust before
new department of Interior trust regulations changed April 15, 2001.
Nineteen parcels of tribally owned fee land next to or within the bound
aries of the reservation were included.
The Tribe and the BPA have negotiated the terms of a Memoran
dum of Agreement for the acquisition, operation, and maintenance of
Oxbow Ranch by the Tribe. Resolution No. 10018 authorizes the Secretary-Treasurer
to execute the "Oxbow Ranch Memorandum of Agree
ment" between the Tribe and the BPA, and the Real Estate Sale Agree
ment between the Tribe and The Nature Conservancy for the acquisi
tion of Oxbow Ranch, contingent upon approval by the BPA.
The Tribal Council reviewed a proposed Memorandum of Under
. standing between the Tribe and the School District, setting out how a
new Warm Springs Elementary School, to be owned by the Tribe and
operated by the School District, would be jointly financed and con
structed. Resolution No. 10019 authorizes the Tribal Council Chair
man, or his designee to execute the Memorandum of Understanding.
The Confederated Tribes acquired the real properties, adjacent to
existing trust lands within an area ceded by the Treaty of June 25h,
1855. Stating that having title to such lands held by the United States
of America, is in the best interests of the Tribes, the Tribal Council
passed Resolution No. 10020. The resolution formally requests that
the Secretary of the Interior take title to those lands in trust, for the
benefit ol the Tribes.
Tribal Council stated that to address the reservation's economy and
employment, an Economic Development Corporation was recently cre
ated to Identify and develop appropriate Industries on the reservation.
Tribal Council passed Resolution No. 10021, authorizing the Secretary-Treasurer
to apply for a grant Irom the Economic Development
Administration (EDA) and other sources lor the purpose of completing
an Industrial lands assessment and master plan.
Resolution No. 10022 was passed to certify the Tribal Council
election. There were 1034 voting with 17 spoiled ballots.
Resolution No. 10023 authorized a referendum on approving a
new school. The following question was submitted to a referendum on
May 1 8, 2001 ; Shall there be appropriated from available funds includ
ing the Revenue Reserve Fund, olthe Conlederated Tribes of the Warm
Springs Reservation of Oregon (Tribe), and shall the Tribe be autho
rized to borrow aft or any portion of such funds by Issuing tribal bonds
or by any other means, up to $8 million tor tfie purposes of designing
and constructing a kindergarten through fifth grade public elementary
school, with Jefferson County School District 509-J reimbursing the
Tnbe over a 20 year period for one-halt of the total cost ol financing
and constructing the school.
The Confederated Tribes has been pursuing a liability claim against
the United States for breach of Its trust responsibility in connection with
the 1 990 McQuinn Strip Slowdown Timber Sale. An Appeal of the United
States Court of Claims decision in the case Is pending. An offer of $4.5
million has been made to the Tribes. Resolution No. 10024 calls for
the acceptance of the offer with the following conditions:
1. The United States shall make payments to the Client Trust
Account of the Tribal Attorneys, Kamopp, Peterson, Noteboom, Hansen,
Amett and Sayeg of Bend Oregon, not later than May 1, 2001;
2. In the event such payment is made in a timely manner, the
Tribal Attorneys are authorized to immediately execute a Settlement
Agreement, in form acceptable to them;
3. Upon full execution of an acceptable Settlement Agreement,
the Tribal Attorneys are directed to immediately seek the dismissal,
with prejudice, of the tribes' pending appeal;
4. The Tribal Attorney shall make payment to the Tribal Trea
sury of the settlement amount of $4,500,000 immediately upon the dis
missal of the appeal;
On April 30, 2001 , the Tribal Council passed Resolution No. 1 0025.
The resolution pertains to providing for the working capital financing
needs of Warm Springs Forest Products Industries ("WSFPI"). The
General Manager of WSFPI entered into negotiations with Wells Fargo
Bank, and reported to the Board of Directors that he successfully ne
gotiated for WSFPI's working capital, up to the amount of $2,000,000.
The Board of Directors determined that It is in the best interests of
WSFPI and the Tribes for WSFPI to enter into the agreement, subject
to the approval of the Tribal Council and the Secretary of the Interior.
Resolution No. 10025 authorizes ratification of the agreement and
directs the Secretary-Treasurer to take any necessary action, on be
half of the Tribe.
Tribal Council passed Resolution No. 10026 authorizing Tribal At
torney Dennis Kamopp to execute any necessary documents required
for the closing of the purchase of three properties in the Hood River
area. The Confederated Tribes are purchasing the Bryant property for
the sum of $750,000; the Houston property for the sum of $395,000;
and the Christian property for the sum of $400,000.
The tribal referendum approving the Global Settlement Agreement,
on April 1 2, 2000, authorized the Tribe to borrow money to invest in the
PGEConfederated Tribes partnership. It was determined that the most
prudent form of financing these costs is through short-term borrowing
from PGE. The partnership agreed that the borrowing will be secured
by a pledge of a portion of the Tribe's power sales from the project.
Resolution No. 10027 authorizes the Secretary-Treasurer, with the
concurrence of the Warm Springs Power Enterprise Chairman of the
Board, Warm Springs Power Enterprise General Manager, Tribal Attor
ney, Chief Financial Officer, and Consulting Engineer, to enter into a
fixed price contract with PGE for the sale of power for calendar years
2002-03 in order to finance the Tribes' obligations under the Global
Settlement Agreement and the Ownership and Operating Agreement.
Resolution No. 7445, passed on August 19, 1987, authorizing the
purchase of fee property from FTT Real Estate Associates, Inc. The
104.61-acre property, known as the "Lake Billy Chinook 1" property, is
situated on the south bank of the reservoir formed by the Round Butte
Dam Hydro-Electric Project. The original resolution did not provide for
the Tribes request to the BIA to transfer the property to trust status. On
March 21, 2001, the Tribal Council passed Resolution No. 1003. The
resolution calls for a change of title ownership from the Metolius Land
Company to the Tribes, and requests the BIA to transfer the property
to trust status.
On July 23, 1991, The Tribe purchased property in the Pine Grove
area. The property is within the Juniper Flat irrigation district. The Juni
per Flat District Improvement Company is completing the House Bill
3111 process that allows re-adjudication of the district's water rights.
The Tribe's adjudication shows two primary water rights on the Pine
Grove property. The two being the 20 acres the Tribes have through
the district (Detwiler Pond) and the acres that are allocated to the sump
pond (Johnson Pond). House Bill 3111 requires that one of these be
supplemental to the other. By passing Resolution No. 10004, the Tribes
agree that because the district water right (Detwiler Pond) pre-dates
the sump pond (Johnson Pond) water right, the latter needs to become
supplemental to the former and thereby making the district's right pri
mary through the Affidavit For The Partial Diminution Of A Water Right
Certificate.
Resolution No. 1 0005 was the first of a number of resolutions deal
ing with land purchases passed by the Tribal Council on March 21,
2001. The resolution authorized the purchase of an undivided 115 in
terest in Warm Springs Allotment No. 82, Dick Turpin, deceased, at the
negotiated consideration of $4,800.00. The consideration to be paid
from programmed land purchase funds.
Resolution No. 10006 authorized the purchase of five acres in
Warm Springs Allotment No. 370-B, Pe-ai-yet, deceased, at the nego
tiated consideration of $3,400.00. The consideration to be paid from
programmed land purchase funds.
Resolution No. 10007 authorized the purchase of an undivided I8
interest in Warm Springs Allotment No. 652-A, William Symentire, de
ceased, at the negotiated consideration of $3,075.00. The consider
ation to be paid from programmed land purchase funds.
The Confederated Tribes purchased an undivided 98080,640 in
terest in Warm Springs Allotment No. 577, Edward Holliquilla, deceased,
at the negotiated consideration of $1,178.81 The consideration to be
paid from programmed land purchase funds, and was endorsed by
Resolution No. 10008.
Resolution No. 10009 called for the Tribe to purchase an undi
vided 2128 interest in Warm Springs Allotment No. 626, Ka-shi-at,
deceased, at the negotiated consideration of $2,200.00. The consider
ation to be paid from programmed land purchase funds.
Resolution No. 10010 enabled the Tribe to purchase an undivided
132 interest in Warm Springs Allotment No. 949, Hu-nai, deceased, at
the negotiated consideration of $3,656.25. The consideration to be
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