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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (June 29, 2011)
n r Spilydy Tymoo, Warm Springs, Oregon P^ge12 June 29, 2011 Resolutions of Tribal Council (The fo llo w in g are resolutions o f th e T w en ty -F ifth T r ib a l C o u n c il o f th e C o n fe d e r a te d Tribes o f Warm Springs.) Appeals Court Whereas the Tribal Council established the Warm Springs Court of Appeals pursuant to Article V, Section l(i) and (s), w hich em powers the Tribal Council to establish courts to enforce the ordinances estab lished by the Tribal Council, and to appoint subordinate boards and tribal officials, reserving the right to review any action taken by virtue o f such delegated power; and Whereas Article IV, Section 7 of the Tribe’s Constitution and B y-Law s provides that ap pointed boards and officers “shall report from time to time, as required, and their activities and decisions shall be subject to review by the Council upon pe tition of any person aggrieved”; and W hereas, pursuant to its power to set up courts and ap point tribal officials, the Tribal Council established the Warm Springs R eservatio n T ribal Court, which includes the Trial Court and the Court of Appeals, the judges o f which are ap pointed by and may be removed by the Tribal Council pursuant to the processes set forth in W arm Springs T ribal Code Chapters 200 and 203; and Whereas it has become ap parent to the Tribal Council that there is a general perception am ong the m em bers o f the Tribe’s justice system as well as other members of the tribal or ganization and membership that the Court of Appeals is not ad hering to the procedural and substantive statutes set forth in the Warm Springs Tribal Code and the Indian Civil Rights Act, which erodes the credibility- and integrity of the Tribe’s court system and thus the Tribe’s sov ereign authority and right to ef fectively enforce its laws; and Whereas a number of re ports issued over the last decade assessing the Warm Springs Tribal Court system have iden tified deficiencies regarding the practices of the Court of Ap peals when conducting its review of the cases before it; and Whereas the Court of Ap peals has recently misdirected and failed to carry out the writ ten decision and opinion of a p ro tern panel of Appeals Court judges appointed by T ribal Council Resolution No. 11,155 to hear an appeal brought by a sitting judge of the Court of Appeals, which therefore dis qualified the other judges of the Court of Appeals from hearing the matter as a conflict of in terest; and Whereas the action of the Court of Appeals in refusing to disclose and implement the de cision of the p ro tern panel is a direct affront to the constitu tional authority of the Tribal Council, as set out above, and undermines the Tribal Council’s constitutional power to govern the Tribe and its subordinate entities, including the Tribal ju dicial system; and Whereas an effective court system, especially an effective appellate court, is essential for the operation of the Tribal gov ernment, the maintenance of law and order on the Reserva tion, economic development on the Reservation, and the integ rity of the Tribe’s sovereignty; and Whereas the Tribal Law and Order Act of 2010 requires the Tribe to employ judges that (1) are licensed to practice law, and (2) have sufficient legal training to preside over criminal pro ceedings if the Tribe decides to. implement the enhanced sen tencing provisions contained in the Act; now, therefore, Be it resolved by the 25th Tribal Council of the Confed erated Tribes o f the W arm Springs Reservation of Oregon, pursuant to Article V, Section 1 (i),(s), and (u), of the Tribal Constitution and Article IV, Sec tion 7 of the Tribal Constitu tion and B y-Law s, that the Tribal Council directs the fol lowing actions: 1. The Tribal Council directs the Tribal Attorneys, Karnopp Petersen LLP, to engage a quali fied consultant to conduct an in quiry into the systemic problems within the Court of Appeals as identified by prior studies of the Tribal Justice System, including the current structure and com position of the Court as set forth in Warm Springs Tribal Code Chapter 203; 2. The Tribal Council directs the Tribal Attorneys to instruct the consultant to provide a writ ten report to the Tribal Council no later than 90 days after the date of this resolution to rec ommend proposed changes to the Court of Appeals aimed at alleviating these systemic prob lems. Such recommendations may include, but are not limited to, a change in the structure and composition of the Court and the required qualifications for Appeals Court judges, or, if the consultant deems the current structure and composition of the Court under Warm Springs Tribal Code Chapter 203 ad equate, recommendations for removal and/or recruitment of some or all of the Court of Ap peals judges after conducting an examination of the qualifica tions, suitability and perfor mance of the current Court of Appeals judges. (Resolution no. 11,376.) Casino Whereas the Interior De partment currently is in the fi nal stages o f considering the Cascade Locks casino project for a positive two-part determi nation under Section 20 o f IG RA, w hich req uires the Governor’s concurrence, and for a final decision taking the land into trust, although it is not known how long it will take to complete this approval process; and, Whereas the Tribal Council believes that the In terio r Department’s recent approval of the gaming Compact for the Cascade Locks casino demon strates Interior’s favorable as sessment of the Cascade Locks project; and, Whereas consistent with the May 21, 2002 Tribal Referen dum, the Tribal Council remains determined to obtain final De partment of Interior approval of the Cascade Locks project, and the Tribal Council is hope ful that final approval will be issued in the near future; and, Whereas the Tribal Council realizes that following final In terior Department approval it may be a period of years be fore the Cascade Locks facility will open and begin operations due to planning, financing and construction requirements; and W hereas based on the Warm Springs Gaming Board’s report on the financial status of Kah-Nee-Ta High Desert Re i sort and Casino, it is apparent to the Tribal Council that addi tional funding will assist in reno vating Kah-Nee-Ta and to con tinue to effectively pursue the Cascade Locks project through final Interior Department ap proval and through the planning, fin an cin g and con struction stages to casino opening; and, Whereas the Tribal Council believes that moving the exist ing casino at Kah-Nee-Ta to a location along Highway 26 in the Warm Springs community ap propriate only for a temporary casino will assist in providing some additional funding needed to continue with tfre Cascade Locks project, but Tribal Coun cil agrees with the findings of the Final Environmental Impact Statement that a casino in the Warm Springs community along Highway 26 will not provide sufficient revenue to meet the Tribe’s dire financial needs; and, Whereas a temporary casino w ill provide a structure that could be used for other com munity purposes once the Cas cade Locks project is approved and constructed and, as provided in the Cascade Locks Compact, the on-reservation casino moves to Cascade Locks; and, Whereas the Tribal Coun cil believes it is appropriate to appoint a “Warm Springs Tem porary Casino Planning Team”, which will be responsible for plann ing, seeking financing and £ construction of a tem porary casino to be located on H igh w ay 26 in the W arm S p rin g s co m m u n ity: now, therefore, Be it resolved by the 25th Tribal Council o f the Confed erated T ribes o f the Warm Springs R eservation o f O r egon, pursuant to A rticle V, Section 1(a), (f), (1) and (u) of the Tribal Constitution and By- Laws, that the “Warm Springs T em porary Casino Planning Team” is hereby established to be responsible for planning, developing and constructing a temporary casino along High way 26 in the Warm Springs Community, and, Be it further resolved that the Warm Springs Temporary Casino Planning Team shall be composed of two Tribal Coun cil representatives designated by the Council, the Chairman and Secretary o f the Warm Springs G am ing E nterprise Board o f D irectors, and the G en eral M an ager o f K ah- Nee-Ta High D esert Resort and Casino, the Tribal Council Secretary-Treasurer/CEO, the Tribal Attorney, and such other tribal and enterprise staff and consultants as may be appro priate; and, Be it further resolved that the Warm Springs Temporary Casino Planning Team is hereby directed to coordinate with the Warm Springs Gaming Strategy Team estab lish ed by T ribal Council in 2008 and to report to the T ribal C o un cil on a monthly basis until the tempo rary casino is constructed and open to the public; and, Be it further resolved, the Tribal Council hereby directs the W arm Sp rin gs G am ing Strategy Team to continue to w ork d iligen tly and exp ed i tiously to obtain as soon as p o ssib le the In te rio r D epartm ent’s final approval and the G overnor’s concur rence for the Cascade Locks project so that the permanent Warm Springs casino at Cas cade Locks may proceed with planning, financing, construc tion and opening. (Resolution no. 11,380.) ( BIA buildings Whereas the Confederated Tribes of the Warm Springs Reservation of Oregon and the United States resolved non monetary asset claims in the Phase II Settlement dated Janu ary 16, 2009; and Whereas the Phase II Settle ment addressed a specific list of buildings and facilities, and for each building on the list, the Tribe has the option of either requesting to have title to the Tribe made certain, or to reject title and request BIA removal of the building; and Whereas after physical in -1 spections and level I environ mental testing the Tribe is pre pared to provide notice that the buildings identified as “remove” in Exhibit A are not wanted by the Tribe, and that the Tribe requests expeditious removal of the same by the BIA; and Whereas the BIA has agreed to do more complete environ mental testing of the remaining buildings, and when that is com pleted, the Tribe will be in a position to provide notice to BIA o f its desire to have the remediation work required by the Settlement Agreement and title made clear, or to reject title to other buildings on Exhibit A; now, therefore, Be it resolved by the 25th Tribal Council of the Confed erated Tribes o f the W arm Springs Reservation of Oregon, pursuant to Article V, Section 1 (a) , (f) , (1) of the Tribal Con stitution and By-Laws, that the Tribal Council authorizes the Chief Operating Officer to pro vide notice to the BIA of its de cision to reject tide and request removal of the buildings and facilities identified in Attach ment A. (Resolution no. 11,381.) 1 Public safety Whereas the Tribal Council is committed to improving pub lic safety on lands within the ju risdiction of the Tribe, includ ing the Warm Springs Indian Reservation; and, Whereas the Tribal Council recognizes that because of the Tribe’s limited ability to enforce its criminal laws against non-In dian offenders and to sentence Indian offenders for long peri ods of time for the commission o f serious offenses such as those covered by the M ajor Crimes Act, increasing enforce ment of federal law on lands within the jurisdiction of the Tribe will improve public safety on those lands; and, Whereas the Tribal Council believes that obtaining Special Law Enforcement Commissions from the Bureau of Indian Af fairs for qualified officers em ployed by the Warm Springs Police Department will improve public safety on lands within the jurisdiction of the Tribe because those officers will have the au thority to enforce both Tribal and federal laws; now, therefore, Be it resolved by the 25th Tribal Council of the Confed erated Tribes o f the W arm Springs Reservation of Oregon, pursuant to Article V, Section 1(a), (1), and (u), of the Tribal Constitution and By-Laws, that the Tribal Council hereby autho rizes the Chairman to enter into a Deputation Agreement (“Ex hibit A”) with the Bureau of In dian Affairs on behalf of the Tribe; and, Be it further resolved by the Tribal Council that the Tribal Council hereby authorizes all Q law enforcement officers em ployed by the Warm Springs Police Department who have received Special Law Enforce ment Commissions (“SLECs”) issued through the Secretary of the Interior to enforce federal laws on lands within the juris diction of the Tribe. (Resolution no. 11, 382.) SAMHSA Whereas the Tribal Council is the governing body of the Confederated Tribes o f the Warm Springs Reservation of Oregon; and Whereas the Tribal Council pursuant to Article V, Section 1 (1) of the Constitution is re sponsible to protect the health, security, and general welfare of the members of the Confeder ated Tribes of Warm Springs; and Whereas the incidence of su icid al behaviors and/or thoughts is much greater for the Warm Springs Reservation and is considerably greater at twice the national average in propor tion to other populations in the United States; and Whereas the Tribal Council supports the Community Coun seling Center in the develop ment of programming to man age and treat youth at risk for suicide and increase the num ber of youth identified as at risk for suicide; and Whereas the Tribal Council supports the development of suicide prevention and the de velopment of programming in schools, juvenile justice pro grams, and community to iden tify and refer youth at risk of su icid al beh aviors and/or thoughts and supports the re duction in risk factors and in crease in protective factors; and Whereas the Tribal Council is committed to a long-term effort which includes appropri ate use of all available resources to effect the needed change in community attitudes, lifestyle choices, and health conditions to improve the health of the community; and Whereas the Tribal Council has directed the Community Counseling Center to make sui cide prevention a priority and seek funding to implement pro gramming and recourses; and Whereas the Tribal Coun cil has directed the Community Counseling Center to submit an application for grant funding through the Substance Abuse and M ental H ealth Services Administration (SAMHSA) of a Youth Suicide and Early In tervention Grant (SM-11-001) to address the SAMHSA Stra tegic Initiative: Prevention of Substance Abuse and Mental Illness Cooperative Agreements for State-Sponsored Youth Sui cide Prevention and Early In tervention; and Whereas the Tribal Council pursuant to its’ powers and au thority contained in the Con stitution and By-laws to conduct the business and affairs of the Warm Springs Confederated Tribes; now therefore, Be it resolved by the 25th Tribal Council of the Confed erated Tribes o f the Warm Springs Reservation o f Or egon, pursuant to Article V, sec tion 1 (d) and (1) of the Con stitution and By-Laws that the Tribes hereby submit our three year commitment to the Sub stance A buse and M ental Health Services Administration (SAMHSA) of a Youth Suicide and Early Intervention Grant (SM -11-001) to address the SAMHSA Strategic Initiative: Prevention of Substance Abuse and Mental Illness Cooperative Agreements for State-Sponsored Youth Suicide Prevention and Early Intervention grant fund ing Be it further resolved that the Secretary-Treasurer/CEO is authorized to negotiate and ex ecute any application or award documents in connection here with the Fiscal Year 2011 Sub stance Abuse and Mental Health S ervices A d m in istratio n (SAMHSA) of a Youth Suicide and Early Intervention Grant (SM-11-001) Solicitation, includ ing any modifications thereto as required. (Resolution no. 11,384.) Ground water Whereas in 2005 House Bill 3494 (“HB 3494”) created the Deschutes Ground Water Miti gation Program (“Program”); and Whereas the Program pro vides for new groundwater uses while maintaining scenic water way and instream water right flows in the Deschutes Basin; and Whereas HB 3494 included a provision requiring repeal of the Program on January 2, 2014 (“2014 Sunset provision”); and Whereas the Program has proven to be very successful in being able to accommodate ur ban and resort growth, making m easurable improvements in U pper and Low er basin streamflows and benefitting ir rigation districts and landown ers; and Whereas the Program is a central tool for the Deschutes R iver C o n servan cy’s w ork, which has restored 160 cubic feet per second to the Deschutes River and its tributaries; and Whereas the results of the Program and DRC efforts have directly served the Tribe’s inter ests in water quality and quan tity, fishery and aquatic habitat, riparian habitat, and hydroelec tric generation, among others; and Whereas legislation is pro posed to be introduced in the 2011 L egislature to, am ong other things, eliminate the 2014 Sunset provision, making the program permanent; and Whereas it is in the Tribe’s interests to eliminate the 2014 Sunset provision and ensure the continued operation of the Pro gram; now therefore Be it resolved by the 25th Tribal Council of the Confed erated T ribes o f the W arm Springs Reservation of Oregon, pursuant to Article V. Section 1 (a) and (1), of the Tribal Con stitution and By-Laws, supports legislation to eliminate the 2014 Su nset p ro visio n o f the Deschutes Ground Water Miti gation Program. (Resolution no. 11,387.) Justice grants Whereas the Confederated Tribes of the Warm Springs Res ervation of Oregon is a feder ally recognized Indian Tribe, and its Tribal Council is the duly elected governing body for the C onfederated Tribes o f the Warm Springs Reservation of Oregon, operating under the authority of the Constitution and By-laws to protect and pro mote the general welfare of its members; and, (Continued on the next page.) í i
