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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (April 10, 2008)
A p ril 10, 2 0 0 8 Spilyay Tymoo, Warm Springs, Oregon Page 10 Tribal Council Resolutions Violence prevention Whereas the Tribal Council is the duly elected governing b ody fo r the C onfederated tribes o f the Warm Springs Res ervation of Oregon and oper ate under the authority o f an approved Constitution and By laws to protect and promote the general welfare of its members; and, Whereas Tribal Couricil and the Elders have recognized that the most valuable resource of the Confederated Tribes of the Warm Springs Indian Reserva tion o f Oregon is its children, our children’s grandchildren, and our families; and, Whereas 1,535 (33.7 per cent) o f the 4,559 enrolled tribal members are under 18 years of age as of January 21, 2008; and, Whereas Tribal Council un derstands that there are many factors that contribute to fam ily and domestic violence, the neglect, abuse, and endanger ment of tribal children, includ ing, but not limited to, the use and abuse of alcohol, metham phetam ine and o th er illegal (Irugs by the parents and guard ians o f the children; and, ! Whereas Tribal Council con siders that quick response to the needs of the victims of family violence cases on the reserva tion; providing services to vic tims of family violence; and the prevention o f family violence on the reservation to be o f high importance; and, i Whereas our tribal families will benefit from improving the efficiency of the tribal Victims o f Crimes Services and other tribal departments working with family violence prevention, ser vices, investigation and pros ecution; and, ; Whereas, as per the Federal Register, Vol. 72, No. 249, po tential grant funds over two years are available from the D ep a rtm en t o f H ealth and Human Services, Administra tion for Children and Families through the Family Violence Prevention and Services Act ¡FVPSA) Grant Program for the maintenance and expansion of the existing tribal Victims of Çrimes Services department to Assist the needs of family vio lence victims on the reservation, provide related services, and work toward the prevention of Such family violence; pow,therefore, Î Be it resolved by the Twenty-Fourth Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon, pursuant to Article V, Section 1(a), (d), (f), (k) and (1) o f the Tribal Constitution and By-Laws, Exhibits “A” through “E ” are hereby approved, that tribal representatives are hereby authorized to advance the same with appropriate federal legisla tors, and that tribal representa tives are hereby authorized to advance and seek approval of the same from the N ational Congress of American Indians, the Intertribal Timber Council, and the A ffiliated Tribes o f Northwest Indians. (Resolution Oregon, pursuant to Article V, Section 1 (d), (1) and (p) of the Tribal C onstitution and By- Laws, that the Secretary-Trea surer is authorized to apply , for the Family Violence Prevention and Services A ct (FVPSA) G ra n t to N ative A m erican Tribes from the Department of H ealth and Hum an Services, Administration for Children and Families and adm inister the grant programs and activities funded under the FVPSA grant. (Resolution no. 10,843.) no. 10,842.) Tribal energy Whereas the Tribe has an interest in a variety of renew able and conventional energy projects and in other economic development projects; and, Whereas in the 2008 session of the 110th Congress/ federal legislators are likely to take up several pieces of legislation that could impact tribal energy and other economic development activities and could; impact natu ral resource m anagem ent o f tribal trust resources, including renewal of the Renewable E n ergy Production Tax Credits, re newable energy legislation that could impact the viability of bio mass energy generation, an ex pansion of activities that may be funded w ith tax-exem pt bonding authorized by the In dian Tax Status Act, and exten sion of the accelerated depre ciation and Indian wage tax credit tax provisions; and, Whereas issues related to these legislative initiatives are described in a draft Tribal Tax Whereas the Confederated Tribes o f the Warm Springs R eservation o f O regon, by Treaty, reserved rights to fish at all usual and accustomed fish ing stations; and, Whereas the development and alteration o f the Columbia Basin has impeded access to all such fishing sites; and, Whereas P.L. 100-581, Title IV directs the U nited States Arm y .Corps o f E ngineers (USACOE) to construct im provements at the In-Lieu and Treaty Fishing Access Sites and transfer the improvements and sites to the Bureau o f Indian Affairs (BIA) for operation and maintenance; and, Whereas, pursuant to P.L. 100-581, and with the concur rence of the four tribes named in P.L. 100-581 and the BIA, the USACOE has constructed a Legislation p o s itio n P aper, E x com m ercial fish processing fa Columbia fisheries hibit “A”, a draft Tribal Energy cility at the East White Salmon Position Paper, Exhibit “B”, and Treaty Fishing Access Site; and, Whereas the fo u r tribes a Biomass and Tribal Trust and F orest H ealth M anagem ent named in P.L. 100-581 (Warm White Paper, Exhibit “C”; and, Springs, Umatilla, Yakama, Nez Whereas T ribal C ouncil Perce) have determined that in deems it desirable to participate order to move forward with op in advocating for the policies erations at the E ast W hite outlined in attached position Salmon Treaty Fishing Access papers with federal legislators; Site, a Tribal Contractible E n tity should be created as a Lim and, Whereas T ribal C ouncil ited Liability Company (LLG) in deems it desirable to advance the State of Washington; and, Whereas the Twenty-Fourth these position papers and pro posed resolutions, Exhibits “D ” Tribal Council, by Resolution, and “E ”, to the National Con authorized the formation o f an gress of American Indians, the LLC w ith the C onfederated Intertribal Timber Council, and Tribes o f the Warm Springs the Affiliated Tribes of N orth Reservation o f Oregon as an west Indians to gain their sup equal member with the three p o rt o f the positions; now, other Tribes named in P.L. 1 GO- 581; and, therefore, Whereas to form an LLC it Be it resolved by the Twenty-Fourth Tribal Council of is necessary for each member the Confederated Tribes o f the to make an initial capital contri Warm Springs Reservation of bution of funds, and those capi j ) y ■ ■ tal contributions must be equal for each member, now, there fore, Be it resolved by the Twenty-Fourth Tribal Council of the Confederated Tribes of the Warm Springs Reservation o f Oregon, pursuant to Article V, Section 1, subsections(f),(l) and (o), o f the Tribal Constitution and By-Laws, that the Tribal Council believes that it is in the best interests of the Tribe and its members to authorize that the Secretary-Treasurer dedicate and expend seven-thousand and five-hundred dollars ($7,500)for the creation of the LLC to fa cilitate' operation at the E ast White Salmon Treaty Fishing Access Site and Fish Processing Center. (Resolution 10,840.) Crayfish regulation Whereas the treaty with the Tribes and Bands o f Middle Oregon on June 25, 1855 re served to the C onfederated Tribes of the Warm Springs Res ervation of Oregon the exclu sive right to fish all waters on or bordering the reservation; and, Whereas the O n Reserva tion Fish and Wildlife Commit tee has reviewed and considered the “P ro p o sed Com m ercial Crayfish Harvest Regulations,” Exhibit “A”; and, Whereas the Tribal Council has determined that approval and adoption o f these Regula tions are in the best interests of motes protective measures for the shellfish resource; and, Whereas the Tribal Council believes that this enterprise fur thers the Tribal Policy o f pro moting self-esteem, self reliance, and employment for tribal mem bers; and, Whereas, Modifications to the Regulations are in order as more scientific data and “state of the art” information is com piled by the Natural Resources D epartm ent and reviewed by the Tribal Fish arid Wildlife Com mittee; now, therefore, Be it resolved by the Twenty-Fourth Tribal Council, pursuant to Article V, Section 1 (u).of the Tribal Constitution and By-Laws and Warm. Springs Tribal Code Chapter 340, that it hereby adopts and approves the attached “Proposed Com mercial Crayfish Harvest Regu lations.” (Resolution no. 10,844.) • AM Products Prepared Fresh D aily e Entrees Roasted D aily • Featuring Hand Cut U S D A Choice Steaks FAST - LUNCH - DINNER S A ll Major Credit Cards Senior Menu • Children's Menu • Daily Specials ply with the relevant provisions o f the Law and Order Code and Whereas the Tribal Council' the Rules of Court. The Secre has been asked to review sev tary-Treasurer is authorized to eral decisions recently rendered . use a third party with appropri by the Warm Springs Court of ate expertise to carry out the Appeals, which include Court of examination and make recom Appeals cases CR789-06 and mendations to the Secretary- Treasurer. CR780-06; and, 2. Inform the Tribal Council Whereas Article V, Section o f his proposed actions with l(i) o f the Tribe’s Constitution regard to the above-referenced and By-Laws confers upon the Tribal Council the power to set cases and then carry out those up courts to enforce the ordi actions unless otherwise directed nances established by the Tribal by the Tribal Council within 10 business days of notice to the Council; and, Whereas an effective court Tribal Council of the proposed system is essential for the op actions^ The Tribal Courts are eration o f the Tribal govern directed to comply with the di ment and the maintenance o f rectives o f the Secretary-Trea law and order on the Reserva surer. 3. Recommend procedures tion; and, Whereas, pursuant to its and law and order code revi pow er to set up courts, the sions for consideration by the Tribal Council established the Tribal Council that establish re W arm Springs R eservation view standards and procedures Tribal Court, which include the for cases before the Trial Court Trial Court and the Court of and Court o f Appeals for which Appeals, the judges o f which are Tribal Council review has been no. appointed by and may be re req u ested . (Resolution moved by the Tribal Council; 10,848.) and, Whereas Article V, Section 1 (s) empowers the Tribal Coun cil to appoint tribal officials; and, Whereas Article IV, Section 7 o f the Tribe’s By-Laws pro vides that appointed boards and officers “shall report from time Whereas the objective o f to time, as required, and their activities and decisions shall be the Tribal Council o f the Con subject to review by the Coun federated Tribes o f the Warm cil upon petition o f any person Springs Reservation o f Oregon, as stated in the Constitution and aggrieved”; and, Whereas W arm Springs By-Laws, is to promote the ad Tribal Code 203.105(7) provides vancement and welfare o f the that “ [sjubject only to the ex tribal membership; and, Whereas one o f the priori traordinary authority o f the Tribal Council to review action ties o f Tribal Council is youth takpn> b y virtue o f th e d elegate d . dq V Uppintyl L, .aild, . . . !. Whereas the Northwest In powers, set forth in Article V, Section l(s) o f the Tribal Con dian Youth Conference (Confer stitution, the decision o f the ence) will be held on the Warm Court of Appeals will be final”; Springs Reservation May 27, 2008 through May 31, 2008; and, Whereas the Tribal Council and, Whereas the theme for the finds that because it is a policy making legislative body, the Conference is “The Ancestor Tribal Council should, as a gen will be our Strength for the Fu eral rule and as a m atter o f ture” and is dedicated to ‘walk sound policy, refrain from ex- ing in balance’ by focusing on • ercising adjudicatory powers in health: Mental, Physical, Spiri tual, and Emotional; and, these cases; and, Whereas the C onference Whereas W arm Springs Tribal Code Chapter 105, Sec will in part pay for itself with tion IV(6)(c) delegates to the contributions, registration fees, Secretary-Treasurer the author vendors, raffles, fund raising, ity to “determine the applicabil and with the services and/or in- ity o f Tribal laws and policies kind su p p o rt from O reg o n to such subordinate organiza State University, Youth Council, tions and the Tribal Court”; and, Rural D evelopm ent, N ative Whereas W arm Springs Wellness, Workforce Develop Tribal Code Chapter 105, Sec ment, Eagle Tech, Kah-Nee-Ta tion IV (6) (e) also delegates to Resort and Casino, Composite the Secretary-Treasurer the au Products, Warm Springs Power thority to “charter subordinate and Water Enterprises, Educa work units and positions to carry tion D epartm ent, E ducation out all assigned functions”; and, Committee, Johnson O ’Malley Whereas questions involving Committee, and others; and, Whereas th e am o u n t o f the decisions o f the Tribal Court may be complex and time-con $15,000 is recommended by the suming to examine and deter Planning Team for expenditure mine and may require special for the purpose o f supporting ized knowledge to resolve; now, the Conference, showing support for our youth and other Native therefore, Be it resovled by the communities visiting our reser •Twenty-Fourth Tribal Council o f vation and is consistent with the the Confederated Tribes o f the objectives o f Tribal Council; Warm Springs Reservation o f now, therefore, Be it resolved by the Oregon, pursuant to Article V, Section 1 (r), (s) and (u), o f the Twenty-Fourth Tribal Council of Tribal C onstitution and By- the Confederated Tribes o f the Laws, that the Tribal Council di Warm Springs Reservation o f rects the Secretary-Treasurer to Oregon, pursuant to Article V, Section 1 (f), (1), and (o), o f the take the following actions: 1. Examine the proceedings Tribal C onstitution and By- and records in Court o f Appeals Laws, that the sum o f $15,000 cases CR789-06 and CR780-06 is hereby appropriated to sup and determine what action, if port the Conference in Warm any, the Trial Court and Court Springs, Oregon, on May 27, of Appeals should take to com 2008 through May 31, 2008. Tribal court Youth conference 4th Street, Madras» 475-6632 OPfff 6am-io pm MIIY / i ~ 7 N e x t deadline to subm it items to the Spilyay Tymoo Best Food In Town No Kidding! is A p r i l 18. k__________ _ __________ /
