Page 10
A p ril 12, 2 0 0 7
Spiiyay Tymoo, Warm Springs, Oregon
Tribal Council Resolutions
(The follow ing are recent reso
lutions o f the T ribal C ouncil o f
the Confederated Tribes o f Warm
Springs.)
Adoption
election
Whereas Article III, Section
3, o f the Constitution and By-
Laws o f the C o n fed erated
Tribes o f the Warm Springs
R eserv atio n
of
O reg o n
(“Tribe”) provides for the Sec
retary o f the Interior (“Secre
tary”) to call an election for pur
poses o f adoption o f persons
as members o f the Tribe; and,
Whereas it has been ten years
since a successful adoption elec
tion has been held and there are
a number o f applicants for en
rollment with the Tribe who are
not eligible for automatic enroll
ment but who are eligible for
adoption; and,
Whereas the Tribal Council
believes it is appropriate for the
Secretary to call for an election
on the adoption o f such persons
and further believes that it would
be m ost conv en ient if such
ad op tion e lectio n could be
scheduled to permit the eligible
voters to cast their ballot over a
two-day period, o f May 15 and
16, 2007; now, therefore,
Be it resolved by the Twenty-
Third Tribal Council o f the
C onfederated Tribes o f the
Warm Springs Reservation o f
Oregon, pursuant to Article V,
Section 1 (a) and Article III, Sec
tion 3, o f the Tribal Constitu
tion and By-Laws, that the Sec
retary is requested to call an
election for purposes o f adop
tion o f persons as members o f
the Tribe, and that such election
be scheduled for ballots to be
cast over the two-day period o f
May 15 and 16, 2007. (Resolu
tion 10,713.)
Return
of artifacts
Whereas the Confederated
Tribes o f Warm Springs Reser
vation o f Oregon (Tribe) is a
federally recognized Indian tribe
which has traditional cultural
areas in Oregon; and,
Whereas the Tribe has iden
tified certain artifacts and cul
tural items in O SU ’s possession
that are subject to transfer to
the Tribe; and,
Whereas the Tribe has asked
OSU to transfer the items to the
Tribe; and,
Whereas OSU and the Tribe
have engaged in consultation
over the items to be transferred
to the Tribe, and have devel
oped Agreements detailing the
terms o f the transfer o f items;
and,
Whereas there is a remote
possibility that a person or en
tity may make a claim under
NAGPRA for an item; and,
Whereas there is a remote
possibility that a donor o f Items
transferred to the Tribe under
this Agreement may ask OSU
to return the items to the do
nor; and,
Whereas OSU has taken the
steps necessary under O R S
358.420 to notify third parties
who may have claims to the
items; and,
Whereas the Tribe wants pos
session o f the items and OSU
wishes to accommodate this de
sire; and,
Whereas the Tribal Council
has determined that the pro
posed Agreements to transfer
cultural items and artifacts are
in the best interests o f the Tribe
and now desires to adopt a lim
ited waiver o f sovereign immu
nity in co n n ectio n with the
Agreements; now, therefore,
Be it resolved by the Twenty-
ThirdError! Bookmark not de
fined. Tribal Council o f the
C onfederated Tribes o f the
Warm Springs Reservation o f
Oregon, pursuant to Article V,
Section 1(f), and (1) o f the Tribal
Constitution and By-Laws, that
the Tribal Council hereby adopts
and approves the attached lim
ited waiver o f sovereign immu
nity as a provision to be included
in Agreements to transfer cul
tural items and artifacts from
OSU to the Tribe; and,
Be it further resolved that
the Tribal Council hereby autho
rizes and directs the Secretary-
Treasurer to execute and deliver
said limited waiver o f sovereign
immunity. (Resolution 10,725.)
Biomass
Whereas Tribal Council be
lieves that the Warm Springs
Biom ass Energy G eneration
project (“Warm Springs biom
ass project”) will provide eco
nomic, environmental and social
opportunities for the Tribe as a
whole and has taken formal ac
tion several times to support the
biomass project; and,
Whereas it is anticipated that
the W arm Springs biom ass
project will be owned and oper
ated by the Warm Springs Bio
mass LLC, a tribally formed
LLC, which will include outside
equity investors; and,
Whereas it is anticipated that
the energy generated by the
Warm Springs biomass project
will be sold under a long-term
power sales agreem ent with
P ortlan d G en eral E le c tric
(“P G E ”); and,
Whereas to deliver the en
ergy for sale to P G E it will be
beneficial for die Tribe to own
and operate an electric transmis
sion line facility not to exceed
115 K V that interconnects with
P G E facilities at either the
Pelton Dam or the Round Butte
Dam; and,
Whereas Tribal Council de
sires that such facility be engi
neered, constructed, owned and
operated by the Warm Springs
Power and Water Enterprises
(“W SPW E”); and,
Whereas it is anticipated that
W SPW E will provide electric
tran sm ission service to the
Warm Springs Biom ass LLC
with such facilities in exchange
for wheeling or other opera
tional charges; and,
Whereas Tribal Council de
sires to authorize a transmission
right o f way corridor for such
transmission facilities as identi
fied in the attached Exhibit “A”
and iiicludihg access across tribal
lands for egress and ingress to
the transmission facilities; and,
W hereas T rib al C o u n cil
deems it desirable to authorize
W SPW E in conjunction with the
Branch o f Natural Resources
(“B N R ”) to refine the actual
location o f the transmission fa
cilities, including minor devia
tions from the corridor identi
fied in the attached Exhibit “A”
and to designate the width o f
the associated transmission cor
ridor without requiring any fur
ther Tribal Council action; now
therefore,
Be it resolved by the Twenty-
Third Tribal Council o f the
C onfederated Tribes o f the
Warm Springs Reservation o f
Oregon, pursuant to Article 5,
Section 1(f), (1), and (u) o f the
Tribal C onstitution and By-
Laws, and Section 4 o f the
Tribal Corporate Charter, that
Tribal Council hereby authorizes
and designates a transmission
right o f way corridor identified
in the attached Exhibit “A” for
the purpose o f engineering,'con
struction, ownership and opera
tion o f electric transmission fa
cilities by W SPW E, and includ
ing access across tribal lands for
ingress and egress by W SPW E
to the transmission facilities;
and,
Be it further resolved that
W SPW E is authorized, in con
junction with BN R, to refine the
actual location o f electric trans
mission facilities, including mi
nor deviations from the corri
dor identified in the attached
Exhibit “A” and to designate the
width o f the associated trans
mission corridor without further
Tribal Council action. (Resolu
tion 10,717.)
Composite
Products
Whereas the. Tribal Council
originally established Warm
Springs Com posite Products
(“W SCP”) as a tribally owned
enterprise by adopting a Plan o f
Operations for WSCP by Reso
lution No. 8989 on January 5th,
1995; and,
Whereas the Tribal Council
adopted a First Amended Char
ter for WSCP by Resolution No.
10,510 on May 9, 2005 and a
Second Amended Charter for
W SC P by R eso lu tio n No.
10,692 on December 11, 2006;
and,
Whereas WSCP has demon
strated significant promise as a
tribal enterprise; and,
Whereas WSCP has the po
tential to obtain government
contracts for its services that will
substantially increase its business
operations; and,
Whereas it is important for
the success o f W SCP that it
obtain Small Business Adminis
tration (SBA) 8a status in order
to obtain p referen ce in the
award o f government contracts;
and,
Whereas to obtain SBA 8a
status it is necessary that the
WSCP Plan o f Operations en
sure that the enterprise will be
managed and co n trolled by
tribal members; and,
Whereas it is necessary to
amend the WSCP Plan o f O p
erations to meet the Small Busi
ness Administration require
ments for SBA 8a organizations;
and,
W hereas the p ro p o sed
amendment includes a revision
o f the quorum provision and
requires that a quorum consist
o f th ree D ire c to rs , two o f
whom must be tribal members;
and,
Whereas the Tribal Council
now desires to take the actions
necessary for the further devel
opment o f WSCP; now, there
fore,
B e it resolv ed by the
(Twenty-Third) Tribal Council
o f the Confederated Tribes o f
the Warm Springs Reservation
o f Oregon, pursuant to Article
V, Section 1(f) and (o), o f the
Constitution and By-Laws, that
the Third Amended Plan o f
Operations o f Warm Springs
Composite Products attached as
Exhibit “A” is hereby approved
and adopted. (R eso lu tio n
10,712.)
Fisheries
Whereas the Tribal Council
o f the Confederated Tribes o f
the Warm Springs Reservation
o f Oregon, that the Treaty with
The Tribes and Bands o f Middle
Oregon on June 25, 1855 re
served to the C onfederated
Tribes o f the Warm Springs Res
ervation o f Oregon o ff reser
vation fishing rights at all Usual
and Accustomed stations; and,
W hereas R e so lu tio n N o.
6231 establishing procedures
for conducting all Warm Springs
Tribal ceremonial fisheries was
adopted by the Tribal Council
on June 8, 1982; and,
Whereas the Warm Springs
Tribal Council has been advised
by the O ff-R eservation Fish
and Wildlife Committee and the
Natural Resources Department
that the 2007 Columbia River
spring chinook salmon run des
tined to pass above Bonneville
Dam is predicted to be approxi
mately 78,500 spring chinook
salmon; and,
Whereas the O ff-R eserva
tion Fish and Wildlife Commit
tee has recommended that the
C onfederated Tribes o f the
Warm Springs Reservation o f
Oregon share o f the allowable
spring chinook salmon ceremo
nial harvest be 1,000 spring
chinook salmon taken in gillnet
fisheries for use in Longhouse
ceremonies; now, therefore,
B e it resolv ed by the
(Twenty-Third) Tribal Council
o f the Confederated Tribes o f
the Warm Springs Reservation
o f O regon, that pursuant to
Article V, Section I (a), (1), and
(u), o f the Tribal Constitution
and By-Laws, that the 2007 cer
emonial gillnet harvest will be
limited to 1,000 spring chinook
salm on, the C o n fed erated
Tribes o f the Warm Springs
Reservation o f Oregon alloca
tion for spring chinook salmon
ceremonial harvest. (Resolution
10,724.)
Health
services
Whereas the Tribal Council
is concerned with the health and
well being o f the Warm Springs
Community and the erosion o f
professional and financial re
sources available; and,
Whereas the Confederated
Tribes have entered into a Joint
Venture with the Indian Health
Service for the staffing and op
eration o f the Warm Springs
H ealth and Wellness Center;
and,
Whereas the Congress has
provided recurring base staffing
and operating resources in con
sideration o f the Tribal commit
ments under the Joint Venture;
and,
Whereas the Tribal Council,
as an expression o f self-deter
mination has chosen to retain
federal operation o f several
clinically based programs within
the Health and Wellness Center;
and,
Whereas the Tribal Council
wishes to ensure that all re
sources provided by Congress
for the expressed purpose o f
staffing and operating the Warm
Springs H ealth and Wellness
center remain with the Warm
Springs Tribe; and,
(C ontinued on p a g e 11.)
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