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.
(Resolution no. 10,862).
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items to the Spilyay Tymoo
is May 2.