Spilyqy Tymoo, Warm Springs, Oregon
December 13, 2001
Page 5
Warm Springs Tribal
Council Resolutions
Fall 2001
In passing Resolution No.10085, the Tribal Council appointed Robert
A. Brunoe as the acting Tribal Preservation Official, noting that Scott
E. Stuemke, the former Tribal Preservation Official, is no longer with
the Tribes.
Resolution No. 10086 authorized the following as 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:
NOTED:
Marquise Zaine Phillip Boise 0810701
Shania Diaz 080601
Holly Diaz 080601
Catallna Diaz 080601
Kassidiy Lei Alexis Doney 082401
Jade Elizabeth Hintsala 090501
Kenneth Keahinalanl Kapu
Hawaiian Star Kaloi-Danzuka 090501
Delsi Dance Logan 083101
Holly Pearl Logan 090601
Alex All Martinez 090701
Karisa Darshan Strong 090601
Jeannine Doris Thompson 080801
Lillian Joanne Tias 080601
Dana Carey Thomas 081401
The Tribes purchased an undivided 1 94200 interest in Warm Springs
Allotment No. 701, Tul-ul-ite, deceased, at the negotiated
consideration of $2,804.76. The consideration to be paid from
programmed land purchase funds. The action was authorized by
Resolution No. 10087.
Tasheena Arthur's request for a home site lease on Tribal land in
the Sunnyside Subdivision, Phase II, Salmon Drive, Tribal Tract No.
T3821 was approved with the passage of Resolution No. 10088.
The Tribal Council approved the Wasco Electric Cooperative service
line agreement over and across Tribal Tract T153 for purposes of
the electric distribution line to serve the residence of Frankie Suppah.
Wasco Electric Cooperative estimated the cost at $1,773.00.
Resolution No. 10089 authorized the action taken.
The Tribal Council passed Resolution No. 10090, appointing Jason
Smith, as voting delegate for a term ending May 1, 2002 and Jacob
Frank Sr., alternate for a term ending May 1, 2002 for the
Confederated Tribes to the Intertribal Agricultural Council (IAC).
Income related to treaty fishing rights is not subject to federal
income tax, pursuant to Internal Revenue Code Section 7873. An
employee whose entire income is not subject to federal income tax
cannot accumulate "quarters" through FICA employer or employee
contributions to the social security system and would likely not ever
be eligible for any benefits of the Social Security system. Beginning
with the calendar year 2002, the Secretary-Treasurer shall design
the portion, not exceeding seventy-five percent (75) of total wages
that is related to treaty-fishing rights. This is intended to replicate
most of the terms of the Tribes' Retirement Plan and, to the extent
possible, any future amendments to the plan shall apply to the
Treaty Fishing Activities Deferred Compensation Plan." With the
passage of Resolution No. 10091, the Tribal Council will provide
comparable benefits for participating employees of the Tribes.
Resolution No. 10092 approved a Pacific Power & Light Company
service line over and across Tribal Tract Nos. T1 7-A, T421 7 & T3081
for purposes of an electric distribution line to serve the Warm Springs
Wastewater PlantLagoon, at a construction cost estimate of
$25,403.00.
Resolution No. 10093 reaffirmed a need for the Federal Government
to undertake more timely and deliberate action for implementing the
Columbia River Treaty Fishing Access sites Legislation. The
resolution supports the re-development of Celilo Village in
accordance with concepts presented by the USA Corp of Engineers.
The first amendment to the Ownership and Operation Agreement
for the Pelton and Round Butte Dams and Generating Facilities is
approved through the passage of Resolution No. 10094. The
Chairman is directed to execute the agreement.
Resolution No. 10095 rescinds resolution no. 10094. This includes
waivers of sovereign immunity substantially in the form included in
the 0 & O agreement and exempts it from the notice requirements
of WSTC 30.005. With the passage of the resolution, the Chairman
is authorized to execute the agreement.
Resolution No. 10096 approves an amendment to the Warm
Springs Code Chapter 331 to prohibit abuse by any person and
provides for effective enforcement. The previous code lacked a
provision for an abuse victim directly seeking a temporary restraining
order or an injunction against any person without a criminal
proceeding or divorce petition first being filed.
Resolution No. 10097 pertained to enrollments. Ten were enrolled
and 4 denied due to blood quantum.
Lois Lesarlley was approved for a 50-year home site lease on tribal
land at Seekseequa with the passage of Resolution No. 10098.
Anthony and Teresa Van Pelt were approved for a 50-year home
site lease on Tribal land in the Agency area. The lease was authorized
with Resolution No. 10099.
Bridgette Scott Whipple received a five-year grazing lease on Tribal
land fn the Seekseequa area with Resolution No. 10100.
Resolution No. 10101 authorized the Natural Resource Department
to apply for a $57,000 grant from EPA to study pesticide Impacts on
Hood River fisheries.
With the passage of Resolution No. 10102, the following were
appointed to the Warm Springs Gaming Commission: Orthelia Patt
from 030701 to 030604 and Andrew Hofstetter from 030601 to
030303 (completing William Fuontes term). Hofstetter is placed on
a six-month probationary period during with time Tribal Council may
remove such commissioner from office without cause.
Resolution No. 1 0103 authorized the purchase of parcels of property
on the east side of the Deschutes River from Roxanne Mclnturff.
The proposed sale of the property has an appraised value of
$376,000.
The SimnashoLog Springs Grazjng Group was given Grazing Au
thorization for five years with the passage of Resolution No. 10104.
The SlmnashoLog Springs Grazing Group selected Lincoln Suppah,
Elmer Scott, Jr. and Joyce Suppah as horse ride bosses, and
Emerson Squiemphen and Raymond Tsumpti as cattle ride bosses
to represent them under Warm Springs Tribal Code Section
460.104(2).
The Tribal Council reviewed the proposed terms between the Tribe
and Forrest Ranch LLC and between the Tribe and BPA, setting out
details of the proposed acquisition. After reviewing the information,
the Tribal Council supported the acquisition of the Forrest Ranch with
funding provided by the Bonneville Power Administration. Resolution
No. 10105 authorized the Tribal Council Chairman to execute a
Memorandum of Agreement with the BPA and an Earnest Money
Agreement together with such ancillary documents as to consummate
the transaction, so long as the Tribe's legal counsel has approved
such instruments.
Resolution No. 10106 addresses the Defined Contribution
Retirement Plan ("the Plan") for the employees of the Confederated
Tribes. The Tribes have always directed the investment of funds jn
the Plan, and is currently a "moderate" mix of 35 fixed income
investments (bonds and money market accounts) and 65 equity
investments. The Investment Advisory Committee of the Tribes has
recommended that employees be provided with one of the five options
of a mix of investments, for purposes of employee self-directed
retirement investments. The resolution directs that eligible employee
participants in the Plan shall have the option of self-directing the
investment of a portion of their retirement benefits provided that
employees elect to participate in, or to change their participation in
these investments options only once each calendar quarter. Eligible
employees are also permitted to make limited lump sum withdrawals
of funds from their retirement benefits.
Resolution No. 10107 approved the appointment of John M.
Copenhaver to serve as Tribal Court Pro Tempore to hear and preside
over cases in which the Tribal Court Judges have conflicts of interest.
The Chief Judge of the Tribal Court may assign him cases from time
to time. He will perform all services required in such cases, with full
authority in such matter as a Judge of the Warm Springs Tribal Court.
Resolution No. 10108 approves the "Natural Resource Trustee
Memorandum of Agreement for the Portland Harbor Site" between
the Confederated Tribes and the Portland Harbor Superfund site.
i.
Resolution No. 10109 authorizes the following as 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: . . ,
hi,.
?s 'i ?mrm.' ' -i
:t..
NOTED:
Jarryn Anthony Black 101601
Savannah Rose Courtney-Pickett 102501
Jared Joseph Culps 110501
Delano Lee Hamilton i .. , . 102301
Levi Moxy Joe 101701
Dyanna Marie Smith 110201
Stuart Allen Smith, Jr. ; 110201
Jiana Lei Smith-Francis ' 102401
Denver Curtis Tufti-Mcewen 1 10501
Annette Marie Lawler Tyson 1 01 001
Resolution No. 10110 authorizes the Tribes to purchase an
undivided 110 interest in Warm Springs Allotment No. 282, Oliver
Kalama, deceased, at the negotiated consideration of $5,466.67.
The consideration to be paid from programmed land purchase funds.
Resolution No. 10111 allows the Tribes to purchase an undivided
45 interest In Warm Springs Allotment No. 755-A, Benjamin Holllday,
deceased, at the negotiated consideration of $30,800.00. The
consideration to be paid from programmed land purchase funds.
Resolution No. 10112 authorizes the Tribes to purchase ten acres
In Warm Springs Allotment No. 370-A, Pe-ai-yet, or Mrs. Greeley,
deceased, at the negotiated consideration of $5,500.00. The
consideration to be paid from programmed land purchase funds.
Resolution No. 10113 authorizes the Tribes to purchase an
undivided 4,578241,920 Interest in Warm Springs Allotment No.
579, Jessie Holliquilla, deceased, at the negotiated consideration of
$1,286.67. The consideration to be paid from programmed land
purchase funds.
Resolution No. 10114 authorizes the Tribes to purchase an
undivided 14,924860.160 Interest In Warm Springs Allotment No.
582, Eva Holliquilla, deceased, at the negotiated consideration of
$1,388.00. The consideration to be paid from programmed land
purchase funds.
Joseph Moses was nominated to a position on the Chemawa School
Board with the passage of Resolution No. 10116.
Resolution No. 10117 authorized a number of actions related to
the Portland General Electric and Confederated Tribes partnership:
(A) The attached "Second Amendment to Ownership and Operation
Agreement for the Pelton and Round Butte Dams and Generating
Facilities" dated January 1, 2002, is approved. (B) The Wholesale
Power Purchase and Sale Agreement No. 02-06-A is approved.
(C) In accordance with the terms of Warm Springs Tribal Code
Chapter 30 "Waiver of Sovereign Immunity" that the waiver of
sovereign immunity contained in Article IX of the Wholesale Power
Purchase and Sale Agreement No. 02-06-A, is approved. (D) The
letter of agreement between the Tribes and PGE relating to the
O&O Agreement amendments and the Wholesale Power Purchase
and Sale Agreement between the Tribe and PGE is approved. The
Tribal Council Chairman is authorized and directed to execute all
agreement listed above.
The 2002 Tribal Budget was approved by Resolution No. 10119,
with an effective date of January 1, 2002. The sum of $ 25,399,275
is appropriated for use during the budget year. The Tribal Council
directed the Tribal organization to improve efficiency through
gradual and permanent downsizing of Tribal operations to better
match anticipated revenues with expenditures during the fiscal year
2002. The Secretary-Treasurer is directed to coordinate with the
COO to achieve an overall permanent reduction of 4 in an amount
no less than $720,642, Including a reduction in Government
programs and services. The Tribal Council, Tribal Committees,
Tribal Court and the Appeals Court are exempt from base
reductions; however, all Tribal Council and Tribal Committee travel
and travel expenditures will be incurred at federal discount rates
and the federal per diem rates for 2002 and future years.
Appropriated funds for non-capitalized programs shall be eligible
for expenditure for a period not to exceed 2 calendar years and
that the appropriated funds for capitalized items and projects shall
be eligible for expenditure until the projects are completed.
Resolution No. 10120 states that an amount not to exceed
$800,000 is authorized for expenditure from the Scholarship Trust
Fund .For. calendar year.2002. .n,., ; .. ; ;-.iv.j
The Tribal Council announced that an amount not to exceed
$1,015,250 is authorized for expenditure from the Senior Citizen
Pension Trust Fund for Senior Citizens Pension for calendar year
2002. The action was authorized by Resolution No. 10121.
Resolution No. 122 authorizes $5,144,000 to be appropriated for
the purpose of per capita payments in the year 2002.
Resolution No. 123 calls for a special per capita distribution In the
amount of $500.00 dollars for each eligible member who appears
on the roll as of December 10, 2001 and that the current year's
budget is hereby amended in the amount of $1,053,000 to cover
such payments; with the balance of $1,000,000 previously
designated from general fund. This special per capita will be
distributed on December 14th, 2001.
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