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)