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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.)
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