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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (April 24, 2008)
April 24-, 2 0 0 8 Spílygy Tyrooo, Wgrro Springs, Oregon Page 13 Tribal Council Resolutions Mill closure Whereas the Tribal Council acting as the Board of Direc tors o f Warm Springs Forest Products Industries previously adopted Resolution No. WSFPI 08-01 directing a conditional clo sure of the mill; and, Whereas the closure of the mill is of significant importance to the community because of the jobs and revenue it histori cally produced and the role that it played in the management of tribal forests; and, Whereas o f great concern to the Tribal Council is the loss o f tribal member jobs resulting from the closure; and, Whereas the Tribal Council is concerned about the impact o f the closure on other tribal enterprises such as the Warm Springs Biom ass P ro ject in which WSFPI was a joint ven turer and Warm Springs Com posite products w hich used steam from mill boilers; and, Whereas the Tribal Council is also concerned about the im pact o f the closure on tribal forest management, particularly on dealing with the effects of the Mt. Jefferson fire and in sect infestations; and, Whereas the Tribal Council believes that it is important to convey timely, accurate informa tion to it membership and the general public about a condi tional closure of the mill; now, therefore, Be it resolved by. the (Twenty-Fourth) Tribal Council o f the Confederated Tribes o f the Warm Springs Reservation of Oregon, pursuant to Article V, Section l(a),-'(f)pand (1) of the Tribal C o n stitu tio n and By- Laws, that the Tribal Council hereby directs that the follow ing actions be taken: 1. The Secretary-Treasurer shall coordinate measures within the Tribal organization to miti gate to the extent feasible the adverse impacts of the condi tional mill closure on tribal members, their families and the community. 2. The Secretary-Treasurer shall coordinate with local, state and federal agencies to secure assistance to deal with the ad verse impacts of the conditional mill closure. 3. The Secretary-Treasurer shall oversee a jo in t e ffo rt am ong tribal and Bureau of Indian Affairs representatives to develop a long-term plan for dealing with forest management and forest health issues. 4. The Secretary-Treasurer, in conjunction with the manag decreased from time to time by am endm ent to this Charter; and, Whereas the Board o f D i rectors o f the Museum has de termined that in order to carry out its mission and purposes in a changing environm ent, re spectfully requests th a t the T ribal C ouncil am end the Museum’s Charter and add two additional directors to the Board o f Directors o f The Museum; that the Tribal Council appoint these additional directors pursu ant to Article IV, Section 3 of the Museum’s Charter Appoint ment. Members o f the Board of Directors shall be appointed by the Tribal Council from among the membership of the Board o f Regents of The Mu seum; now, therefore, Be it resolved by the (Twenty-Fourth) Tribal Council of the Confederated Tribes of the Warm Springs Reservation Whereas the preservation o f O regon, pursuant to The and perpetuation of the history C harter for the M useum at .of the Confederated Tribes is Warm Springs, Article IV, Sec o f central im portance to the tion 1 (1), (o), and (s) that the C h arter o f the M useum be Tribes; and, Whereas the Confederated amended to add one additional Tribes originally chartered the member to Class II, who is a Middle Oregon Indian Histori member of the Confederated Tribes o f the cal Society in 1974 by Resolu tion No. 4084 to plan for and Warm Springs Reservation o f develop a Tribal museum and Oregon and a member to Class oversee the collection of Tribal III, who is a member or non member o f the Tribes who is artifacts; and, Whereas that Charter was interested in the purposes o f subsequently amended by Reso The Museum at Warm Springs; lution No. 4422 in 1974 and and, Be it further resolved that Resolution No. 7741 in 1987; Olney Patt, Jr. shall be appointed and, Whereas the Charter for the to class II position and Robert Museum At Warm Springs, A Smith shall be appointed to the Subordinate Organization was class III positions as established Chartered by the Tribal Council by this resolution provided th at ,^T„riiqX«pnf ederatcd Trib^.-eL , such app o in tm en ts are effective the Warm Springs Reservation im m ediately and shall continue of Oregon was adopted on June until Class II expires 01/01/10 and Class III expires 01/01/11 30, 1992; and, Whereas the M useum at unless otherwise stipulated by Warm Springs began operations T ribal Council. (Resolution 10,850). in March, 1993; and, Whereas the Tribal Council believes that the ultimate man agement authority for- the mu seum should continue to reside in the Tribal Council and the B oard o f D irec to rs o f the Museum; and, Whereas the Confederated Whereas according to The C harter for the M useum A t Tribes o f the Warm Springs Warm Springs^ A Subordinate Reservation o f Oregon has a Organization Chartered by the long and continuous history of Tribal Council of the Confed expressing it’s rights and authori erated Tribes o f the W arm ties as a sovereign to manage Springs Reservation of Oregon, natural resources, including fish, Adopted June 30, 1992, Article wildlife, and their habitats, on its IV, Board of Directors, Section reservation, ceded lands, and at 1. The Board of Directors shall its usual and accustomed use ar consist of seven directors. The eas, in order to provide for the num ber o f directors o f The fullest possible use o f these re Museum may be increased or sources by its members in ac ers of affected tribal enterprises and the General Manager o f the Branch o f Natural Resources shall develop plans to deal with the direct and collateral impacts to tribal enterprises resulting from the conditional mill closure and shall report his recommen dations to the Tribal Council not later than May 15, 2008. 5. The Secretary-Treasurer shall meet at least monthly with the Tribal Council regarding the status o f each of the foregoing with any recommended Tribal Council actions; and, Be it further resolved by the Tribal Council that the attached press release regarding the con ditional mill closure is hereby approved for release to the pub lic. (Resolution 10,856). Museum board Fisheries litigation cord with Tribal history, culture and law and consistent with the U nited States C o n stitu tion , Treaty of 1855, applicable stat ues, judicial opinions and execu tive proclamations; and, Whereas the Confederated Tribes o f the Warm Springs Reservation of Oregon has ex ercised its sovereignty and pur sued its objectives by using all means deemed necessary and appropriate to compel other ju risdictions, including the federal government, to manage their activities in a way that protects and enhances the Confederated Tribes of the Warm Springs Res ervation o f Oregon access to and utilization of fish, wildlife, plants, and other natural re source^ q f cultural and eco nomic importance to the Con federated Tribes of the Warm Springs Reservation of Oregon and its members; and, Whereas since the listing of Columbia River Basin salmon and steelhead under the Endan gered Species Act (ESA), the C onfederated Tribes o f the Warm Springs Reservation of Oregon has, among other ac tions, participated in legal chal lenges to the adequacy o f the federal government’s ESA re quired actions to protect salmon and steelhead and their habitats from the development and op eration o f the Federal Colum bia River Power System and Upper Snake River dams; and, Whereas the p u rpose of joining in these ESA lawsuits has been to attem pt to argue for additional actions and commit ments from the federal govern ment to expedite the rebuilding of salmon and steelhead stocks and the repair o f their habitats; and. Whereas legal rulings by the federal court in the ESA cases over the last 15 years have con sistently agreed with the Confed erated Tribes o f the Warm Springs Reservation of Oregon position that the federal dams were not adequately protective o f listed salmon and steelhead and their habitats, yet those le gal decisions have not resulted in significant new or additional actions to improve salmon and steelhead and their habitats; and, Whereas the Confederated Tribes o f the Warm Springs R eservation o f O regon has rights in fish and wildlife and their habitats that are not listed under the ESA; and, Whereas the Confederated Tribes o f the Warm Springs Reservation of Oregon has en gaged in processes under the Northwest Power Act (NWPA) to secure funding and federal dam operations to improve the status of all fish and wildlife and habitats affected by the devel opment and operation o f the Federal Columbia River Power System, and have found the commitments from the federal agencies, including the funding co m m itm en t from the Bonneville Power Administra tion, to be insufficient to assist the Confederated Tribes of the Warm Springs Reservation o f Oregon in meeting its fish and wildlife objectives; and, Whereas after the 2004 NOAA Biological Opinion for the federal dams was ruled to be inadequate by the federal court, executives of key federal agencies charged with operating the federal dams (Bonneville Pow er A d m in istratio n , U.S. Army Corps o f Engineers, and the Bureau of Reclamation) and for developing the ESA plans (NOAA Fisheries)asked the C onfederated Tribes o f the Warm Springs Reservation o f Oregon to enter into discussions to attempt to resolve long-stand ing differences regarding ad equate plans for ESA species and Northwest Power Act com mitments; and, Whereas a work group of the Confederated Tribes of the Warm Springs Reservation o f Oregon policy, technical and le gal representatives developed a Fram ew ork for a 10-Year Hydro system Plan as a guide for discussions and negotiations that could lead to a plan to be con sidered by the Tribal Council; and, Whereas this Framework was shared with the Administra- tor of BPA, and the Regional Administrator of NOAA Fish eries, and they agreed that they would engage in negotiations with the Confederated Tribes of the Warm Springs Reservation of Oregon and other Tribes to attempt to develop a 10-Year Plan to address ESA and NWPA commitments that met the ele m ents o f the C onfed erated Tribes o f the Warm Springs’ Framework; and, Whereas the Confederated Tribes o f the Warm Springs Reservation of Oregon, along w ith rep resen tativ es o f the Yakama, U m atilla, and N ez Perce Tribes have engaged in extensive collaboration sessions regarding the new Biological Opinions for the federal dams, and in separate extensive nego tiations o f a Memorandum of Agreem ent (MOA) regarding expanded and additional com mitments for ESA listed salmon arid steelhead, and additional commitments for other species including but not limited to lam prey, sturgeon, and unlisted salmon and steelhead, such as Deschutes and John Day River Chinook salmon; and, Whereas the MOA approxi mately doubles current funding to im plem ent C onfederated Tribes o f the Warm Springs Reservation of Oregon fish and wildlife projects designed to in crease the number o f salmon available to tribal fisheries, and provides ten-years o f funding' certainty and stability for tribal fisheries programs, enhancing, these im portant tribal sover eignty rights; and, Whereas the MOA will pro-1 vide for funding to the Colum bia River Inter-Tribal Fish Com mission, and, it preserves the critical Fish Passage Center re sources, and provides significant) additional resources to Yakama, Umatilla, and Nez Perce fish anti wildlife objectives allowing for the preservation o f existing fish and wildlife programs and ini tiation of new programs; and, “ Whereas it is extremely un likely, if not impossible, that continued litigation over the next Biological Opinions for federal dams would cause the federal government to take actions or make commitments to fish and wildlife and habitat as expansive,- beneficial, and direct as those in the next 10 years as those that BPA, the Corps o f Engineers and the Bureau o f Reclamation,- will make in the MOA that they[ have negotiated w ith W arm Springs and others; and, Whereas it is the strong and' considered opinion by the Con fed erated T ribes o f th e ; Warm Springs Reservation on Oregon that the MOA provides! more benefit to fish and wild-; life resources than supporting a; legal challenge th a t may be; brought by others against the) next Biological Opinions, and! that the MOA provides an ad-» equate 10-Year plan and is con-J sistent with the Confederated; Tribes o f the Warm Springs^ R eservation of Oregon; “Framework”; and, B e it r e s o lv e d by the, Twenty-Fourth Tribal Council ofi the Confederated Tribes o f the* Warm Springs Reservation of1 Oregon, pursuant to Article yj Section 1, (a) of the Tribal Con-) stitution and By-Laws, that the» Tribal Council directs its legal counsel and technical staff td continue to engage in discussion^ and negotiations -with represen tatives o f Bonneville, Corps of Engineers, and Bureau o f Rec lamation to resolve outstanding issues as expeditiously as pos sible; and, Be it further resolved by the Tribal Council that, the Chair man o f the Tribal Council is au thorized to sign the MOA; and, Be it further resolved that the Tribal Council and its mem bers should encourage thé Yakama, Um atilla, and Ne2 Perce Tribes to consider the rea sons for the C o n fed erated Tribes o f the Warm Springs Reservation of Oregon support and approval o f th e MOA herein recited, as those Tribes now engage their own decision making processes; and, Be it further resolved that the final, executed MOA should be presented to and discussed' with the full Tribal Council at the earliest possible time so as; to allow it to express its support! and direction for its full and ex-! p editious im plem entation. 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