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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (May 26, 2005)
Pago 14 Spilyqy Tymoo, Warm Springs, Oregon My 26, 2005 Tribal Council Resolutions (1'hr jiillinvhi lire some o f the resolutions lh( Tribal (on mi I has tifrtiiril during 200 f . J Gaming Whereas ;ii a referendum held on May 21, 2ini2, the eligible tribal numbers voiwl to authorize the conduct ill ;l;iss III gaming by (he ( Eonl'cdi rated Tribes ol' ihe Warm Springs Reservation f rcgon in the Columbia River Gorge area; and. Whereas the Indian Gaming Regulatory Act. PL. KM) 447, 25 U.S.C. Sec. 27ll et sei. requires a tnhal state o impact in order f ir the tribe to conduct (.'lass III gaming; and. Whereas the I lonorahlc Ted Kulongoski, (iovcrnor of the State of ( )rcg in, has agreed lo the lermsof a "TribalState Compact for Regulation of Class III Gam ing Between The Confederated Tribes of the Warm Springs Reser vation of Oregon and The Stale of Oregon" in the form included as Exhibit A to this resolution; and, Whereas the Tribal Council be lieves and finds that such compact is in the best interests of the tribe and its members and will provide economic stability for the tribal government; and, Whereas, as a condition to en tering into the compact, the state requires a waiver of the sovereign immunity of the tribe for the lim ited purpose of enforcement of all of the tribes obligations pursuant to the compact, and the granting of such waiver is the only work able alternative under which the state will agree to the compact and , the Trib;d C uncil is willing t grant such waiver; now, therefore Be it resolved by the 23"' Tribal Council of the Confederated Tribes of the Warm Springs, pursuant to Article V, Section 1(a), (f) and (1), of the Tribal Constitution that the "TribalState Compact for Regu lation of Class III (laming Be tween the Confederated Tribes the Warm Springs Reservation of Or egon and The State of Oregon", included as I exhibit A, is approved and the Chairman of the Tribal Council is authorized to execute such compact on behalf of the tribe; and, Be it further resolved that the Tribal Council hereby waives the sovereign immunity of the Tribe, in accordance with the terms of the compact included as Exhibit A: This waiver of the sovereign im munity of the tribes from suit or action is adopted pursuant to the terms of Warm Springs Tribal C( dc chapter 30 and shall be strictly construed and limited to its spe cific terms and the specific waiver granted. (Resolution NO. 10,497.) Cascade Locks Whereas the Confederated Tribes of the Warm Springs has negotiated an "Option Agreement and Agreement of Lease and Sale" for the purchase of 25 acres and the lease of 35 acres from the Port of Cascade Locks, an Oregon mu nicipal corporation, within the Port of Cascade Locks Industrial Park at Cascade Locks, Oregon; and, Whereas it is the intention of the tribe to exercise its option to purchase the 25 acre parcel ("the Property"), the legal description of which is included in Exhibit "A" to this resolution, when the Secre tary of the Department of the In terior of the United States ("Secre tary") agrees to accept title to the Property in trust for the benefit of the Tribe for the purpose of con ducting Class 111 gaming on the Property, pursuant to the provi sion of Section 20(b)(1)(A) of the Indian Gaming Regulatory Act, 25 USC 2719(b)(1)(A); and,' Whereas the tribe and the state negotiators have completed nego tiations on a Class III Gaming (Et impact ft r the Cascade I x icks lo catit n and bt ith the Tribal Council and the governor of the State of ( )reg in are pa'pared to execute the compact and submit it to the Sec retary t if I nterit ir ft ir apprt val; and. Whereas the Class III Gaming Compact specifically includes the governor's assurance that he will concur, pursuant lo Section 2d(b)(l)(A) of the Indian (laming Regulatory Act, in the Secretary's two part determination so thai title to the Property can be taken into trust for the benefit of the Tribe fur purposes of Class III gaming; and, Whereas the property is within the tribe's aboriginal territory and treaty ceded area and is of great sig nificance to the tribe and has eco nomic value as a location for a ca sino and resort hotel development and the Tribal Council has deter mined that it is in the best inter ests of the tribe to exercise the op tion to purchase the Property de scribed in I Cxhtbit "A, upon the Secretary making a determination to accept title to the Property, in trust for the benefit of the tribe, f ir the purpose of the tribe oper ating a Class III gaming facility on the Property;" and, Whereas the process of taking the title to the property into trust by the Secretary of Interior for the benefit of the Tribe should be com- menced as soon as possible; now, therefore, Be it resolved by the 23,J Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon, pursuant to Article V, Section 1(a), (c), (f) and (1), f the Constitution and Bylaws, that the Secretary of the Department of the Interior of the United States is hereby requested to approve the compact and to take title to the property into trust for the benefit of the tribe, for the purpose of the tribe operating a gaming facil ity on the property; and, Be it further resolved that the Secretary-Treasurer of the Tribal Council, the Warm Springs (lam ing I Enterprise, and the tribal at torney, are directed to take all steps necessary to accomplish the pur poses of this resolution and to immediately commence the process to have title to the property be taken into trust by the Secretary of Interior for the benefit of the tribe. (Resolution 10,500) Lamprey Whereas the Confederated Tribes of the Warm Springs is a federally recognized Indian tribe organized pursuant to the Indian Reorganization Act of 1934; and, Whereas the Tribal Council is the governing body of the tribe pursuant to the Tribal Constitu tion; and, Whereas the Warm Springs Branch of Natural Resources man ages natural and cultural resources for the long term benefit of the tribe and its members; and, Whereas the United States Department of Interior Lish and Wildlife Service has announced a request for proposals fof Tribal Wildlife Grants (TWG) to assist tribes in the management of fish and wildlife resources in a way that incor porates special cultural values; and, Whereas Pacific lamprey (eels) are an important cultural and sub sistence food fish for the members of the tribe and their abundance is declining in 1 5 Mile Creek which is a traditional collection site; now, therefore, Be it resolved that the Twenty-Third Tribal Council of die Con federated Tribes of the Warm Springs, pursuant to Article V, Sec tion 1(a) and (1) of the Constitu tion that the Tribal Council hereby supports and approves the appli cation and request for funds by the Warm Springs Department of Natural Resources to the United States Department of Interior P ish and Wildlife Service Tribal Wildlife Grants program to conduct inves tigations that will lead to protec tion and enhancement of the lam-pa-y resources; and. Be it further resolved that the Tribal Council approves the let ter of support to the United States Department of Interior Fish and Wildlife Service and directs the Chairman of the Tribal Council to sign and send the letter requesting Tribal Wildlife Grant assistance. (Resolution No. 10.495.) Fisheries Whereas the Confederated Tribes of the W arm Springs sup pons the Columbia River Inur Tribal Fish Commission's use of IIS, environmental Protection ( icncral Assistance Pr igr.un ( i.P) funds to provide technical assis lance to the tribe, consistent with the Tribal Restoration Plan, II') Kan Ush-Mi W'a Ksh "it, in older to restore anadiouini his lish in the Columbia River Basin, and. Whereas the Confederated Tribes of the Warm Springs sup ports the Columbia River Intcr Tribal l ish Commission receiv ing, funds through the ( iAPgrant pro gram to continue the planning co ordination, and implementation of W'yKnn I h Mi W'a Kish II"', to provide technical assistance f ir the implementation of 11 'y Kan I'sh Mi "a Kish II "'and to assist in the identification, solicitation and pro curement of funds for the tribal restoration program and II "y Kan-Ush-Mi W'a-Kish W it, and Whereas the Confederated Tribes of the W arm Springs sup ports the Columbia River Inter Tribal l ish Commission applying for and receiving these funds each year for the next f uir years, begin ning with the fiscal year 2006 funds and continuing through the fiscal year 2009 funds, now, therefore; Be it resolved by the 23"' Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon hereby authorizes the I Executive Director of the Colum bia River Inter-Tribal l ish Com mission to submit a grant proposal to the U.S. 1 Environmental Protec tion Agency General Assistance Program this year and during each of the subsequent three years to be used to develop tribal capacity to plan, coordinate, implement watershed and habitat restoration activities. (Resolution 10,503.) Enrollment Be it resolved by the Twenty Third Tribal Council of the (Eon federated Tribes of the Warm Springs, pursuant to Article 111, Section 2 (a) as amended, of the Constitution and By-Laws, the fol lowing are enrolled members of the Confederated Tribes of the Warm Springs, as of the date set out below in accordance with Reso lution No. 4301: Dominic Darren Anthony Devault(Feb,16,2005). Ralph Noah I Edwards (April 11, 2005). Gretalynn Kalama (March 8, 2005). Alexa Francine Martinez (April 1,2005). Destiny Dawn Niday (March 14, 2005). Todd Taylor Niday (March 14, 2005). Raige Seth Tappo (March 30, 2005). Levi James Frank (Feb. 11, 2005). Kaycic Lee Smith (Feb. 16, 2005).' Brady Paul David (Jan. 4, 2005). Caroline (Elizabeth Mintsatake (Jan. 12,2005). Moneikah Louella Greigh Jackson-Palmer (Jan. 27, 2005). " Nathaniel Charles I .cClaire ((an. 19, 2005). Kelly Ann Luton (Dec. 28, 2004). Alyssia Lanay Scott (Dec. 15, 2004) . Taiyena I .cab Scott-Pedraza ()an. 25,2005). Darami Marquan Soto (Jan. 20, 2005) . Big game Whereas the (Eon federated Tribes of the Warm Springs is a federally recognized Indian tribe organized pursuant to the Indian Reorganization Act of 1934: and. Whereas the Tribal Council is the governing bodv of the Tribe pursuant to the Tribal Constitu tion; and, Whereas the W arm Springs Branch of Natural Rest nines man ages natural and cultural resources lor the long term benefit of the tribe and lis members; and, Whereas the I 'uited Stales I )e p.iriment of Interior Fish and Wildlife Service has announced a request for proposals for Tribal W ildlife Grants (nVG) to assist tribes in the management offish atul w ildlil'e resources in a way thai inct rpi miles special cultural values; and, Whereas big game resources (deer, elk and bighorn sheep) are important subsistence, cultural and religious foods for members of the tribe; and. Whereas big game resources ha e been declining in the Mutton Mountain area of the Warm Springs Reservation; now, thcre f ire. Be it resolved by the Twenty third Tribal Council of the Con federated Tribes of the Warm Springs, pursuant to Article V, Sec tion 1(a) and (1) of the Constitu tion that the Tribal Council hereby supports and approves the appli cant n and request ft ir funds by the Warm Springs Department of Natural Resources to the United Stales Department of Interior I 'ish and Wildlife Service Tribal Wildlife Grants program to conduct inves tigations that will lead to protec tion and enhancement of the big game resource; and, Be it further resolved that the Tribal Council approves the letter of support to the United States Department of Interior Fish and Wildlife Service and directs the ( Ehairman of the Tribal Council to sign and send the letter requesting Tribal Wildlife Grant assistance. Resolution So. 10,494.) Biomass Whereas the Confederated Tribes of the Warm Springs Reser vation is a federally recognized In dian tribe organized pursuant to the Indian Reorganization Act of 1934; and, ; " Whereas the tribe currently op erates a biomass electrical genera tion facility in its wood products manufacturing plant; and, Whereas the tribe and Port land General Electric Company own and operate the Pelton round Butte I lydroelectric Project; and, Whereas the tribe is actively in vestigating the development of wind, geothermal and other renew able energy sources on the Reser vation; and, Whereas two Bonneville Power Administration transmis sion lines traverse the Reservation; and, Whereas reliable, sufficient elec trical transmission systems are vi tal to tribal interests in transmit ting and selling the electricity that it generates and purchases; and, Whereas the tribe has created a wholly owned enterprise, Warm Springs Power Enterprises, to de velop and manage electrical genera tion sources on the Reservation; and, Whereas another tribal enter prise, Warm Springs Forest Prod ucts Industries, is currently inves tigating the feasibility of a new bio mass generating facility utilizing forest fuels from the Reservation and adjoining public lands; and, Whereas Grid West is a Wash ington State non-profit company formed to pursue the develop ment of a regional transmission organization which may ultimately operate the high voltage electrical transmission system in the West ern United States and Canada, in cluding those systems on and serv ing tribal lands; and, Whereas the Tribal Council finds that membership in and par ticipation in Grid West will benefit the Tribe; and. Whereas the Tribal Council now desires to apply for member ship in Grid West, now, therefore, Be it resolved by the Twenty Third Tribal Council of the (Eon federated Tribes of the Warm Springs Reservation of Oregon, pursuant to Article V, Section 1 (f) and (1). of the Constitution, that the Tribal Council hercbv autho rizes and directs the General Man ager of W arm Springs Power I En terprises to submit an application ft ir the Tribe n ji iin ( irid W est and to seek a waiver of the member ship fee; and, Be it further resolved by the Tribal Council that James M.iniou is hereby appointed as the Tribe's designated representative to irid West and Ralph Mtnntck is desig nated as the TnU 's alternate repre sentative. (Resolution So. 10,4S'J.) Transportation Whereas the Tribal Council is the governing body of the Con federated Tribes of the Warm Springs, with responsibility to pro mote the health, safety and general w elfare of ihe tribal membership; and, Whereas services for the eld erly and disabled are an ongoing need and priority, including trans portation services to support in dependent living,; and, Whereas the State of Oregon Legislature passed Senate Bill 180, which enables tribes to apply di rectly lo the Oregon Department of Transportation for Special Transportation Funds (STF); and, Whereas special Transporta tion Funds can be used to provide transportation services to the eld erly and disabled; now, therefore, Be it resolved that the (Twenty-Third) Tribal Council of the Confederated Tribes of the Warm Springs Reservation of ( )r egon, pursuant to Article V, Sec tion 1 (d) and (1) of the Tribal Con stitution and By-Laws, that the Secretary-Treasurer is authorized to apply for Special Transportation Funds grants from the Oregon De partment of Transportation to support the transportation needs of the elderly and disabled; and, Be it further resolved that the Secretary-Treasurer is authorized to negotiate and execute any applica tion or award documents in con nection herewith, including any modifications thereto as required; and, Be it further resolved that State of Oregon administrative rules for Special Transportation Funds will be followed, such as the appointment of an advisory com mittee, financial management and record keeping. (Resolution No. 10,476.) 1855 Treaty Whereas the objective of the Tribal Council of the Confederated Tribes of the Warm Springs, as stated in the Constitution and By Laws, to promote the advance ment and welfare of the tribal membership and to protect tribal sovereignty and resources; and, Whereas the Treaty with the Tribes of Middle Oregon of 1855 will be 150 years old injune 2005; and, Whereas the Treaty of Middle Oregon Sesquicentennial Commit tee is established to promote cel ebration of the Treaty of 1855 and to gather information on the sur vival of the Tribes' culture and op portunities for its expansion for the Tribes' use and at the Tribal Council's discretion, the use of the public; and, Whereas the Treaty of Middle Oregon Sesquicentennial Commit tee is willing to serve to promote celebration of the Treaty and the survival of our culture; now, there fore, Be it resolved, by the Twenty Third Tribal Council of the Con federated Tribes of the Warm Springs, pursuant to Article V, Sec tions 1 (a), (s), (t) and (u) of the Tribal Constitution and By-Laws, the Treaty of Middle Oregon Ses quicentennial budget is hereby ap proved with an appropriation of $21,000 for operations. (Resolution No. 10.475.) Appeals court Whereas the Warm Springs Appeals Code, Section 203.001 (10) provides that "The Tribal (Eouncil shall appoint an experienced former judge as Judicial Advisor to the Court of Appeals. The Ju dicial Advisor shall advise and as sist the Court of Appeals Judges in the performance of their duties and obligations under this code. The Judicial Advisor.. .shall ad minister the Tnhal Bar exam"; and, Whereas the Warm Springs Appeals Code. Section 203.001 (5), also provides that the Judicial Ad visor to the Court of Appeals shall coordinate with newly appointed judges to the Court of Appeals in developing a personal training plan ft ir each judge; and, Whereas the Tnhal Council has met with Douglas Nash, a Nez Perce tnhal member who in the course of his professional career In ing a Tnhal Attorney and a Tribal Judge and is currently an Assistant Professor of I. aw at the University of Idaho School of Ijiw; and, Whereas the Tribal (Eouncil In lieves that Professor Nash is w ell suited and highly qualified to serve as Judicial Advisor to the Court of appeals and to carry out the func tions and responsibilities of the Judicial Advisor as set out in the Warm Springs Appeals Code; now, therefore, Be it resolved by the Twenty Third Tribal Council of the (Eon federated Tribes of the Warm Springs Reservation of Oregon, pursuant to Article V, Section 1 (1), (s) and (u) of the Tribal Constitu tion, that the Tribal (Eouncil hereby appoints Professor Douglas Nash as the Judicial Advisor to the Warm Springs Court of Appeals; and, Be it further resolved by the Tribal (Eouncil that the Secretary Treasurer is hereby directed to ne gotiate and execute on behalf of the Confederated Tribes a contract with Professor Nash to retain his services as the Judicial Advisor to the Warm Springs Court of Ap peals. (Resolution No. 10,467) Fish agreement Whereas the Tribal Council has reviewed the "2005-2007 Interim Management Agree ment for Upper Columbia River Falls Chinook, Sockeye, Steel head, Coho and White Stur geon" "2005-2007 Interim Man agement Agreement" (attached as Exhibit "A"); and, Whereas the Tribal Council has been advised that the 2005 2007 Interim Management Agreement for Treaty Indian and non-Indian fisheries in the Columbia River is the result of court orders and extensive ne gotiations between the parties to United States v. Oregon; and, Whereas the Tribal Council has been further advised that the Treaty Indian fisheries in Zone 6 of the Columbia river pro vided for under the 2005-2007 Interim Management Agree ment are consistent with both the Tribe's treaty allocation rights and with the conservation needs of the resource; and, Whereas the Tribal Council believes that approval of the 2005-2007 Interim Manage ment Agreement is in the best interest of the Tribe and its members and will serve to pro tect and preserve the off-reservation Treaty fishing rights se cured in the Treaty with the Tribes of Middle Oregon of June 25, 1855; now, therefore, Be it resolved by the Twenty-Third Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon, pursuant to Article V, Section 1(a), (1) and (u) of the Tribal Constitution, that the 2005-2007 Interim Manage ment Agreement included with this Resolution as Exhibit "A", is hereby approved; and, Be it further resolved by the Tribal Council Chairman, or his dcsi..ce, is hereby authorized to sign the 2005-2007 Interim Management Agreement on be half of the Confederated Tribes of the Warm Springs Reserva tion of Oregon. (Resolution No. 10,465)
