Spilyay Tymoo, Warm Springs, Oregon
June 26, 2003
Page 7
Tribal Council Resolutions
(Note: the following are resolutions
adopted in recent months by the Tribal
Council.)
Barrier to
protect creek
Whereas the proximity of Highway
26 to Beaver Creek has resulted in the
creek's contamination from surface
water run-off resulting from vehicular
crashes and highway maintenance; and,
Whereas Beaver Creek is a critical
and sensitive fishery habitat for salmon,
rainbow trout and other aquatic spe
cies; and,
Whereas recurring truck crashes
have released toxic and hazardous
materials into the creek, jeopardizing
the fishery; and,
Whereas the Highway 26 Warm
Springs Transportation Plan recom
mended that concrete barriers and
other protection measures be con
structed to protect the creek from con
tamination; and,
Whereas the Highway 26 Plan also
recommended that relocation of the
highway be evaluated as a long-term
solution; and,
Whereas a potential Transportation
Enhancement grant is available through
the Oregon Department of Transpor
tation for the first phase of construc
tion of protection devices along Bea
ver Creek and Highway 26; and,
Whereas the proposed installation of
barriers should not detract from the
ultimate solution of relocating the high
way; and,
Whereas, the proposed project will
also provide local employment oppor
tunities in construction and traffic con
trol; and
Whereas the estimated cost for the
first phase of construction is $1.15
million, which includes a $150,000
match from the BIA roads budget in
federal fiscal year 2005 andor 2006;
now, therefore
r5e jt resolved by the iwenty-sec-
ona iriDai ouncu oi me onicucr-
ated Tribes of the Warm Springs that
the secretary-treasurer is authorized to
apply for a $1,000,000 transportation
enhancement grant to install barriers
and other devices to protect Beaver
Creek from contamination; and,
Be it further resolved that the secretary-treasurer
is authorized to nego
tiate and execute any application or
award documents in connection here
with, including any modifications
thereto as required; and,
Be it further resolved that a match
ing cash amount up to $150,000 be
programmed from the 2005 andor
2006 federal fiscal year BIA roads bud
get (Resolution No. 10258.)
Site tO
show tribal view
Whereas the Tribal Council is the
governing body of the Confederated
Tribes of the Warm Springs; and,
Whereas the Confederated Tribes is
a sovereign Indian nation and the ulti
mate sovereignty of the Confederated
Tribes is vested in its people; and,
Whereas the people of the Confed
erated Tribes have declared that the
preservation of their traditional cultural
ways is a principal goal of the Confed
erated Tribes, and to that end the people
have delegated the authority to protect
and preserve tribal property, including
cultural and intellectual property, to the
Tribal Council; and,
Whereas it is recognized that the
University of Idaho desires to develop,
in collaboration with the Confederated
Tribes, an educational and cultural re
source module entitled the Confeder
ated Tribes of the Warm Springs Reservation-Lewis
and Clark Rediscovery
Life-Long Learning Online Project
("Website Project") to be conveyed
over the Internet, designed to be ac
cessible for the public and schools, as
well as a worldwide audience, which will
present the unique story of the Con
federated Tribes from a tribal perspec
tive; and,
Whereas the website project will be
conducted as a collaborative partner
ship between the Confederated Tribes
Cultural Planning Group and faculty
of the University of Idaho, specifically
Dr. Rodney Frey, and,
Whereas both parties desire to con
tractually protect the cultural and in
tellectual property of the Confederated
Tribes by entering into an agreemen;
and,
Whereas it is recognized that the
university has received funding in the
amount of $45,000 from NASA for
the purpose of performing research
under the agreement, and is authorized
to enter into a Subcontract to perform
the work, and that the university will
reimburse the Confederated Tribes for
actual expenses incurred under this
subcontract, not to exceed $45,000;
now, therefore
Be it resolved that the twenty-second
Tribal Council of the Confeder
ated Tribes of Warm Springs accepts
the Warm Springs-Lewis and Clark
Rediscovery Life-Long Learning Online
Internet Project. (Resolution No.
10256.),, .. . ,
KWSO to see
improvements
Whereas the Tribal Council has iden
tified improving communications as a
high priority, and tribal members have
offered input to the Comprehensive
Plan calling for open communication
between tribal government and the lo
cal community so everyone can be in
formed of ongoing activities and im
portant events such as referendums,
adoptions, district meetings, funerals,
elections and other crucial proceedings;
and,
Whereas tribal members rely on
KWSO as a source of community
news, entertainment and cultural edu
cation, which includes programming on
Tribal Council agendas, a calendar of
upcoming activities, events of impor
tance to students and elders, current
job openings, tribal language, national
Native American call-in shows, Talk
ing Drum traditional tribal music, Na-
tiona.1 Native News, Native Sounds,
Marivf Vn rp and manv other nnnu ar
programs; and,
Whereas KWSO provides a valuable
and immediate link between tribal gov
ernment and tribal members during
times of emergency such as the 1996
Flood, Simnasho Fire, and other cata
strophic events when community mem
bers may be in need of food, shelter,
or medical services, and,
Whereas KWSO Radio is operating
with antiquated equipment purchased
when the station first went on the air
in 1985, which leaves the station in
urgent need of a complete overhaul to
avoid excessive maintenance costs or
potential downtime; and,
Whereas the U.S. Department of
Commerce offers grants through the
Public Telecommunications Facilities
Program (rl rr) to provide funding as
sistance for public radio stations in ur
gent need of replacing old analog sys
tems with modern and reliable digital
components that produce a much
higher quality of sound, and the fund
ing assistance is prioritized to favor sta
tions currently facing budget con
straints; now therefore
Be it resolved by the Twenty-Second
Tribal Council of the Confeder
ated Tribes of the Warm Springs that
the secretary-treasurer is authorized to
apply for a Public Telecommunications
Facilities Program grant of $244,992
and use tribal funds to provide a re
quired 25 percent match of $81,665
to obtain the grant, so that KWSO can
replace its outdated broadcasting equip
ment. (Resolution No. 10269.)
Grant to help
with census data
Whereas the adopted Comprehen
sive Plan, "The People's Plan," is based
upon considerable community partici
pation and includes the community's
expectation to receive regular reports
that measure progress in achieving
community goals and benchmarks; and,
Whereas a full-time data manage
ment program, including a data man
agement director and data specialist, is
needed to measure and report progress
in achieving goals, benchmarks and
Tribal Council priorities; and,
Whereas the data management pro-
gram would be located within the ap
propriate department in order to assist
tribal programs with data collection and
reporting, and to support informational
needs for effective strategic planning;
and,
Whereas in addition to data man
agement, a tribal census is needed to
document tribal member needs and
reservation demographics; and,
Whereas, potential grant assistance
is available from the Administration for
Native Americans (ANA) and other
sources to carry out a tribal census and
to implement an ongoing data manage
ment program; and,
Whereas the total estimated project
cost for the first three years is $342,126,
including a 37 percent tribal match of
$126,783;
Now therefore be it resolved by
Twenty-Second Tribal Council of the
Confederated Tribes of the Warm
Springs that the secretary-treasurer is
authorized to apply for a grant from
the ANA and other sources to carry
out a tribal census and to implement a
data management program; and,
Be it further resolved that the secretary-treasurer
is authorized to nego
tiate and execute any application or
award documents in connection here
with, including any modifications
thereto as required. (Resolution 10248)
Byers, Moses
named to serve
Whereas the BIA announced its in
tent to form a Negotiated Rulemaking
Committee for developing regulations
to implement the No Child Left Be
hind Act of 2001, and,
Whereas the BIA requested nomi
nations for individuals to serve on the
Negotiated Rulemaking committee as
tribal representatives; and,
Whereas the Tribal Council believes
it is in the best interests of the tribes
and its members that the tribes have a
voice in selecting a representative on
the Negotiated Rulemaking Commit
tee developing regulations to implement
the No Child Left Behind Act; and,
Whereas the Tribal Council be
lieves that Larry Byers, Chemawa
School Principal, is the most appro
priate tribal representative for this
purpose; and,
Whereas the Tribal Council be
lieves that Tribal Council member Joe
Moses, currently serving on the
Chemawa School Board and for
many years involved in education is
sues on behalf of the tribes, should
be appointed as an alternate to Larry
Byers on the Negotiated Rulemaking
Committee;
Be it resolved by the Twenty-Second
Tribal Council of the Confeder
ated Tribes of the Warm that Larry
Byers and Joe Moses are hereby nomi
nated by the Tribal Council to partici
pate as tribal representatives on the
Negotiated Rulemaking Committee
developing regulations implementing
the No Child Left Behind Act of 2001.
(Resolution No. 10249)
Support sought
for languages
Whereas the 1999 Warm Springs
Tribal Council adopted a Comprehen
sive Plan Resolution; and,
Whereas the resolution directed
tribal programs to work with the com
munity in implementing the Commu
nity bench-marking process; and,
Whereas the Warm Springs Com
munity has been extensively involved
in developing the Comprehensive Plan,
and will continue to be extensively in
volved in carrying out our Community
Bench-marking process; and,
Whereas the Comprehensive Plan
(The People's Plan) shows that culture
and tradition has been established as a
Tribal Council Priority Area; and,
Whereas the Education and Person
nel Branch are to establish and imple
ment a cultural documentationpres
ervation program designed to maintain
and preserve our native Sahaptin,
Wasco and Paiute cultures and lan
guages; and,
Whereas the Historic Preservation
Fund Grant, a part of the National Park
Services, provides financial assistance
through a competitive grant process for
existing extensive archived materials
that are in need of preservation that
will promote, enhance use of our na
tive languages and promote cultural
transmission; and,
Whereas a potential grant from NPS
in the amount of $50,000 for an 18
month period would support the pres
ervation of deteriorating culture and
language documentation within the
Department of Education's, Culture
and Heritage Department; therefore,
Be it resolved by the Twenty-Second
Tribal Council of the Confeder
ated Tribes of the Warm Springs that
the secretary-treasurer is authorized to
apply for a grant from the National
Park Services Historic Preservation
Grant Fund; and,
Be it further resolved that the secretary-treasurer
is authorized to nego
tiate and execute any application or
award documents in connection here
with, including any modification thereto
as required. (Resolution No. 10253)
New tribal
enrollments
Be it resolved by the Twenty-Second
Tribal Council of the Confeder
ated Tribes of the Warm Springs that
the following are enrolled members of
the Confederated Tribes, as of the
2003 date set out below in accordance
with Resolution No. 4301:
Glenn Harvey Ray Brunoe, April 8.
Wayne Percy Eaglespeaker Jr., March
31. Kiley Joe Florendo, April 11.
Dakota Quenton Hollingsworth,
March 27. Jonathan Hubert Ray
Fraqua Jr., April 4. Timoteo Charles
Hisatake, March 24.
Dominick Sean Holliday, March 11.
Shannon Joe Grace Hudson, March
11. Fredrick Ivan Greene Ike III,
March 27. Aaliyah Kayleen Martinez,
April 1.
Johnny Henry Ramsey Jr., March
14. Alina Iris Pearl Smith, March 21.
Shirley Lorraine Spino, April 10. Corey
Trey Thomas, March 25.
Serena Coreen Thomas, March 25.
Waldon Gage Pat Winishut, March 17.
Donovan Cylee Wolfe, March 31.
Be it further resolved by the Tribal
Council of the Confederated Tribes of
Warm Springs that the following appli
cants were denied membership because
of blood degree:
Amaya Mabel Bisland, Kyle Charles
Henry, and Mashauni Katrina
Fransescus Smith.
Power sale
set for 2004
Whereas on April 12, 2000, the Con
federated Tribes of the Warm Springs,
the US. Department of the Interior and
Portland General Electric Company
entered into a Long Term Global
Settlement and Compensation Agree
ment ("GSA") relating to the Pelton
Round Butte Hydroelectric Project;
and,
Whereas one of the included agree
ments attached to and included in the
GSA was an Ownership and Opera
tion Agreement ("O and O Agree
ment") between the tribes and PGE
which sets forth the agreement between
the tribes and PGE for future opera
tion of the project; and,
Whereas one of the provisions of
the O and O Agreement relates to the
terms and conditions pursuant to which
the tribes may sell its output from the
project to PGE; and,
Whereas the Tribal Council adopted
Resolution No. 10027 on April 30, 2001
authorizing the sale of power by the
tribes to PGE at fixed prices; and,
Whereas the Tribal Council has pre
viously approved power sale agree
ments for three blocks of power to
PGE pursuant to fixed price contracts
for a given term; and,
Whereas the Tribal Council desires
to sell an additional block of power to
PGE during calendar year 2004 under
the terms and conditions of the Whole
sale Power Purchase and Sale Agree
ment No. 04-B; therefore,
Be it resolved by the Twenty-Second
Tribal Council of the Confeder
ated Tribes of the Warm Springs that
the Council hereby authorizes and ap-
proves PSA 04-B, and authorizes and
directs the Chairman of the Tribal
Council to execute and deliver the
agreement. (Resolution No. 10263.)
Tribes, federal
agencies agree
Whereas pursuant to the Treaty of
June 25, 1855, the Confederated Tribes
have important reserved rights on fed
eral lands outside the Warm Springs
Reservation; and,
Whereas jurisdiction over those fed
eral lands is exercised by a number of
BLM and Forest Service offices (re
ferred to as "the federal agencies");
and,
Whereas the federal agencies recog
nize and respect the interests of the
tribes in the management of these lands
and the trust obligation of the United
States towards the tribes; and,
Whereas the tribes and the federal
agencies desire to enter into agreements
that will develop an effective government-to-government
relationship be
tween them and provide opportunities
for the tribes and federal agencies to
work together for their common pur
poses; and,
Whereas the Tribal Council has re
viewed the provisions of the Memo
randum of Understanding and the Par
ticipating Agreement attached hereto;
and,
Whereas these agreements expire on
March 1, 2008, unless extended by the
parties, now therefore,
Be it resolved by the Twenty-Second
Tribal Council of the Confeder
ated Tribes of Warm Springs that the
Tribal Council hereby approves and
adopts the Memorandum of Under
standing and the Participating Agree
ment. Be it further resolved by the Tribal
Council that the Chairman of the
Tribal Council is hereby authorized and
directed to execute said agreements.
(Resolution No. 10264)
Membership
relinquished
Whereas Mary G. Brown, Enrollee
No. 2197, requested relinquishment so
that she could be enrolled with the
Couerd'Alene Tribe, dated January 9,
2003; and,
Be it resolved by the Tribal Council
that Mary G. Brown's request for re
linquishment is accepted on January 20,
2003. That Mary G. Brown shall not
receive any per capita, bonus or other
distributions or benefits of Tribal mem
bership effective January 20, including
but not limited to distribution under P.
97-463; and,
Be it further resolved that this ac
tion shall not in any way relieve Mary
G. Brown Swanson of responsibility for
any obligation owed to the Confeder
ated Tribes of the Warm Springs Res
ervation of Oregon. (Resolution No.
10251)
2003 fishing
regulations OK'd
Whereas the Treaty with the Tribes
and Bands of Middle Oregon on June
25, 1855 reserved to the Confederated
Tribes of the Warm Springs Reserva
tion the exclusive right to fish all wa
ters on or bordering the Reservation;
and,
Whereas the On-Reservation Fish
and Wildlife Committee has reviewed
and proposed to the Tribal Council the
2003 fishing permits and regulations
for non-tribal member fishing on lakes
and streams on and bordering the res
ervation; and,
Whereas the Tribal council has re
viewed the proposed 2003 fishing regu
lations and has determined that enact
ment of such regulations would be in
the best interest of the tribes, its mem
bers, and of the natural resources of
the Warm Springs Reservation; now
therefore,
Be it resolved by the Twenty-Second
Tribal Council of the Confeder
ated Tribes of the Warm Springs Res
ervation that the 2003 fishing regula
tions arc hereby approved, adopted and
enacted by the Tribal Council. (Reso
lution No. 10255)