Resolutions of Tribal Council
(The follo w in g are resolutions
o f th e T w e n 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
T ribes o f Warm Springs.)
Fisheries
Whereas the Tribal Council
of the Confederated Tribes of
the Warm Springs Reservation
of Oregon, that the Treaty with
The Tribes and Bands of Middle
Oregon on June 25, 1855 re
served to the C onfederated
Tribes of the Warm Springs
Reservation of Oregon off-res-
ervation fishing rights at all
Usual and Accustomed stations,
W h ereas reso lu tio n No.
6231 establishing procedures
for conducting all Warm Springs
Tribal ceremonial fisheries was
adopted by the Tribal Council
on June 8, 1982; and,
Whereas the Warm Springs
Tribal Council has been advised
by the Fish and Wildlife Com
mittee and the Branch of Natu
ral Resources that the 2011 Co
lumbia River spring Chinook
salmon run destined to pass
above Bonneville Dam is pre
dicted to be ap p ro xim ately
198,400 spring C hinook
salmon; and
Whereas the Fish and Wild
life C om m ittee has reco m
mended that the Confederated
Tribes o f the Warm Springs
Reservation o f Oregon share
of the allowable spring Chinook
salmon ceremonial harvest to be
approximately 1,800 to 2,200
spring Chinook salmon taken in
g illn e t fish eries for use in
Longhouse ceremonies now;
Be it resolved by the 25th
Tribal Council of the Confed
erated T ribes o f the W arm
Springs Reservation of Oregon,
that pursuant to Article V Sec
tion 1 (a) (1) (u) of the Tribal
Constitution and By-Laws, the
2011 ceremonial gillnet harvest
will be limited to 1,800 to 2,200
spring Chinook salmon. (Resolu
tion no. 11,404.)
Bonneville
fisheries
Whereas the Treaty with the
Tribes and Bands of Middle
Oregon on June 25th, 1855 re
served to the C onfederated
Tribes of the Warm Springs Res
ervation of Oregon off reser
vation fishing rights at all usual
and accustomed stations, includ
ing the Columbia River west
(downstream) of the present-
day Bonneville Dam; and,
Whereas the Tribal Council
regulates treaty fishing for con
servation and other purposes
pursuant to the inherent sover
eign authority reserved in the
Treaty of June 25th, 1855, and
pursuant to the Tribal Constitu
tion and By-Laws and the Warm
Springs Tribal code; and,
Whereas the Confederated
Tribes of the Warm Springs Res
ervation of Oregon have estab
lished Treaty fishing rights in the
Columbia River and regulates
tribal member fishing in the area;
and,
Whereas the Tribal Council
has been advised of a Memo
randum o f U n d erstan d in g
(MOU) between the CTWSRO,
the State of Oregon, and the
State of Washington specifically
addressing Tribal Fishing down
stream of Bonneville Dam; and
Whereas the Tribal Council
recognizes the hardship placed
on Tribal members with harvest
restrictions, as adopted by Reso
lutions in the past, but with con
cern for the future of the fish
ery resotrce understands the
need; and so therefore,
L
am
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
(1), (r), and (u) of the Tribal Con
stitu tio n and B y-Law s, and
Warm Springs Tribal Code Sec
tion 340.310 (2), that the fol
lowing restrictive regulations are
adopted for tribal subsistence
fishing in the Columbia River
D ow nstream o f B onn eville
Dam:
1. W arm Springs T ribal
Members may harvest salmon
and steelhead in the area de
scribed below for subsistence
purposes from April 6 to De
cember 31, 2011. The fishery
may be adjusted based on the
first run update and subsequent
updates. The spring manage
ment period ends Wednesday,
June 16.
2. The tribal subsistence fish
ery sh all be open Satu rday
through Tuesday. Fishing opens
at 5:00 am and closes at 10:00
pm.
3. Saturday will be an Elder,
Children and Handicapped Day.
An elder is considered 55 years
and older. Other people may
assist elders, children and handi
capped persons transport gear
or fish but may not engage in
fishing on this day.
4. If non-Indian fisheries
occur (Thursday — Saturday)
Indian fishing will switch to Sun
day through Wednesday. Sun
day will be the Elder, Children
and Handicapped Day.
5. All fishing equipment and
garbage must be removed daily
before the gate is locked. Left
over fishing equipment may be
confiscated.
6. Fishers may use only one
pole per person. This applies
to ages 12 and older; those un
der 12 may fish with an atten
tive adult.
7. Fishing locations may not
be held if the fisher is not
present.
8. Any Warm Springs tribal
m em bers
fish in g
below
Bonneville Dam pursuant to this
resolution shall carry an official
tribal enrollment card and pro
duce it upon request by state or
tribal enforcement officers. Any
person who produces a Warm
Springs tribal enrollment card
will not be required to produce
a state fishing license.
9. Fishing from a scaffold is
not allowed. CTWSRO does not
relinquish aboriginal rights on
ceded lands prior to the 1855
treaty to place scaffolds on
ceded lands and at other Usual
& Accustomed sites used since
time immemorial. Co-manage-
ment does not extend below
Bonneville Dam.
10. Gear restrictions: Tribal
fishing gear shall be restricted
to bank subsistence gear, which
is defin ed by the Ten-Y ear
Agreement reached among the
parties o f US vs. Oregon in
2008 as:
Dipnet or bagnet, spear, gaff,
club, fouling hook, hook and line
or other methods as determined
by the management entities.
11. The geographic scope of
this fishery covers the banks of
the Columbia River in the area
bounded by a deadline marker
on the Oregon bank (approxi
mately four miles downstream
from Bonneville Dam Power
house No. 1) in a straight line
through the w estern tip o f
Pierce Island,, to a deadline
marker on the Washington bank
at Beacon Rock up the river to
a po in t 600 feet below the
Bonneville dam, but excluding
the following four areas:
(1) Between markers located
150 feet upstream and 450 feet
downstream from the mouth of
Tanner Creek out to the center
of the Columbia River, during
the period August 16 to Octo
ber 15;
(2) Inside the south naviga
tion lock at the Bonneville Dam
from a marker on the western
most point of Robins Island to
a marker on the Oregon main
land shore;
(3) From Bradford Island be
low Bonneville Dam from the
south shore between the dam
and a line perpendicular to the
■ shoreline marker at west end of
riprap and from north shore be
tween fishway entrance and a
line perpendicular to the shore
line m arker 850 feet dow n
stream; and,
(4) From Robins Island be
low B onneville Dam down
stream to a line perpendicular
to the shoreline m arker on
mooring cell.
(5) Fishing from boats or
other floating device is not per
mitted.
12. Retention of any sturgeon
that may be caught incidentally
while fishing for salmon or steel-
head within the prescribed area
shall be prohibited. Incidental
catch of species other than stur
geon may be retained.
13. The over-the-bank sale
of salmon and/or steelhead har
vested from w ithin the pre
scribed area below Bonneville
Dam shall only occur when ex
pressly permitted by an in-sea-
son tribal subsistence regulation
adopted under the Columbia
River Compact and
Treaty Tribes in the same
manner as for Zone 6 fisheries.
It is unlawful to barter for, ac
cept, purchase or sell fish har
vested illegally or harvested in
non-treaty recreational fisheries.
14. No sales are allowed on
Corps of Engineers property at
Bonneville Dam. Fish caught
during open commercial periods
may be sold off Corps property.
15. The CTWSRO Depart
ment of Natural Resources or
its delegate will be responsible
for biological monitoring of the
fishery. Fishers must allow in
spection of their catch for bio
logical monitoring.
16. Conduct of tribal fisher
men shall be consistent with
W arm Springs T ribal Code
340.310 which defines Off-Res
ervation Fishing by Tribal Mem
bers.
17. Pursuant to Warm Spring
Tribal Code 340.310(13), the
use of alcohol or drugs is pro
hibited when exercising Treaty
Rights.
18. P u rsu an t to W arm
Springs Tribal Code 340.700,
penalties shall be strictly en
forced to ensure compliance*
with rules and regulations. (Reso
lution No. 11,405.)
for a new license; and
Whereas, as authorized by
Resolution 10,938, the Tribe is
a p arty to the “S ettlem en t
Agreement For the Relicensing
of the Carmen-Smith Hydro
electric Project FERC Project
No. 2242” (“Settlement Agree
ment”), which was executed in
October 2008; and
W hereas the EWEB has
identified the need to amend
proposed License Article 24,
“Im plem en tatio n on NFS
Lands,” in Exhibit A o f the
Settlement Agreement; and
Whereas the amendment is
necessary to eliminate a provi
sion that is no longer needed
due to modifications in an ap
p licab le In tergo vern m en tal
A greem ent (IGA) betw een
EWEB and the Forest Service;
and
Whereas the Tribe believes
that the amendment w ill not
adversely impact its interests in
settlement; now therefore,
Be it resolved by the 25th
Tribal Council of the Confed
erated Tribes o f the Warm
Springs Reservation of Oregon,
pursuant to Article V, Sections
(a) and (1), of the Constitution
and By-Laws, that the Tribal
Council hereby approves, and
authorizes the Chairman of the
Tribal Council to execute, the
“Amendment to the 2008 Settle
m ent A greem ent For the
R elicensing o f the Carm en-
Sm ith H ydroelectric Project
FERC Project No. 2242,” ex
hibit “A”. (Resolution no. 11,388.)
Water
Whereas the people of the
Confederated Tribes of Warm
Springs Reservation of Oregon
hold ultimate sovereignty over
them selves and the W arm
Springs Indian reservation; and,
Whereas the Confederated
Tribes o f the Warm Springs
Reservation considers the health
and wellness of the Tribal mem
bership a high priority; and,
Whereas it is the duty of the
Tribal Council to govern the
reservation for the people’s ben
efit; and,
Whereas arsenic is found in
the Simnasho Water system at
levels above what is considered
safe; and,
Whereas drinking water with
arsenic levels above the Safe
Drinking Water Standard has the
potential to create serious health
effects such as increased cancer
rates; and,
Whereas the Tribal Council
has explored the possibility of
obtaining funds through the lo
cal Housing Authority and other
Tribal entities; and,
Whereas the Tribal Council
is working to combine funding
sources to achieve the ultimate
goal of construction of a new
water system pipeline; and,
Whereas the people have the
Whereas Eugene Water and
Electric Board (“EWEB”) owns need and have expressed the
and operates the Carmen-Smith desire for a drinking water sup
H yd ro electric P ro ject (the ply that is both adequate in quan
“P ro ject”) lo cated on th e. tity and meets the standards set
McKenzie River in Linn and by the Safe Drinking Water Act;
Lane counties, Oregon pursuant and
to a license from the Federal
W h ereas the 25 th T ribal
Energy Regulatory Commission Council recognizes and supports
(“FERC”); and
the people’s desire for improve
W hereas the M cK enzie ment in the area described and
River is a “usual and accus is com m itted to provide the
tomed” fishing site as that term leadership required to accom
is used in the Treaty with the plish this goal; now, therefore,
Tribes o f Middle Oregon of
Be it resolved by the 25th
June 25, 1855, and is of great Tribal Council of the Confed
cultural significance to the Tribes erated Tribes o f the W arm
as the McKenzie River fishery Springs Reservation of Oregon,
includes salmon, Pacific lamprey pursuant to the Constitution and
and other native fish species; and By-laws, Article V, Section 1(a),
Whereas EWEB’s initial li (d), (e)and (f), and the Corpo
cense to operate the Project ex rate Charter, Section 5(f), that
pired on December 1, 2008 and the Tribal Council hereby pro
EWEB has filed an application claims its commitment to priori
McKenzie dam
tize the use of Tribal resources
for the following purposes:
1. Elim inate the Environ
m ental P ro tectio n A gency
(EPA) Safe Drinking Water Act
violation which could result in
the Tribes being fined.
2. Seek funding through the
Housing and Urban Develop
ment (HUD) IHBG funding to
assist with construction of the
Simnasho-Schoolie Flat Com
munity Water System.
3. Seek grant and/or loan
funds through EPA, IHS, and
other federal agencies to create
a complete funding package for
co n stru ctio n o f the new
Simnasho-Schoolie Flat Com
munity Water System source.
4. Establish a right-of-way
along the proposed water pipe
line from the well head to the
existing Beaver Creek Well field;
5. Construct a domestic wa
ter pipeline from the well source
to the existing Beaver Creek well
field and infrastructure to pro
vide drinking water for the resi-
dents o f Sim nasho-Schoolie
Flat;
6. Test the new water source
to ensure that it meets all Safe
Drinking Water Standards set;
and direct the entire tribal orga
nization and enterprises to sup
port this priority as it carries out
its duties.
Be it further resolved that
the Secretary-Treasurer is autho
rized to submit applications,
negotiate and execute such con
tract with Federal, State and/or
local agencies. (Resolution no.
11,407.)
development; 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(f), (1), (o) and (t) of the Con
stitution and By-Laws that the
amount of $2 million dollars is
approved for funding o f the
Warm Springs Economic Ca
pacity Building by the Capac
ity Team, as shown on the at
tached Exhibit “A”, for the years
2011 through 2013 and,
Be it further resolved that
the Secretary-Treasurer/CEO is
granted the authority to approve
requests from the C apacity
Building budget and the Capac
ity Team, through the Secretary-
Treasurer/ CEO, shall report to
the Tribal Council on requests
approved and other activities
during q u arterly E conom ic
Stewardship updates to Tribal
Council.
Be it further resolved that
the Capacity Team through the
Office of the Secretary-Trea
surer/ CEO shall prepare a plan
and schedule for Tribal Council
review and concurrence, within
six months of this date, on the
leveraging of the initial $2 mil
lion investment to execute a sus
tained economic stewardship
initiative for the 2011-2013 pe
riod and beyond. (Resolution no.
11,409.)
Capacity
building
Whereas the Confederated
Tribes o f the Warm Springs
R eservatio n
of
O regon
(“Tribe”) is a federally recog
nized Indian tribe; and,
Whereas the Confederated
Tribes of Warm Springs desires
to enhance its economic devel
opment and employment oppor
tunities for its Tribal member
ship; and,
W hereas to address the
R eserv atio n ’s econom y and
employment, the Warm Springs
T ribal C o un cil created the
Warm Springs Enterprise Devel
opm ent C o rp o ratio n , also
known as Warm Springs Ven
tures (“Ventures”); and,
Whereas on March 1, 2002
the Tribes transferred Manage
ment of the Plaza to Ventures
through Resolution no. 10,369;
and,
Whereas the transfer was
effectuated in order to provide
property management services,
on behalf o f the Tribes, for
Tribal businesses and entrepre
neurs to pursue and develop po
tential businesses and employ
ment opportunities; and,
W h ereas T ribal C o un cil
passed Resolution no. 11,380, to
temporarily relocate the Casino
to the land ad jacen t to the
Warm Springs Plaza; and,
Whereas the Temporary Ca
sino will provide opportunities
for Tribal small business and
entrepreneurs with the increased
exposure on Hwy 26; and,
Whereas in order to make
room for potential new Tribal
sm all businesses Ventures is
moving its office from the Plaza
up to the old Apparel Factory;
and,
Whereas the Warm Springs
Telecommunications Company
is using $550,000 of BIP ARRA
funding to remodel the Apparel
Factory into the Telco’s Central
Office space; and,
Whereas Ventures’ is plan
ning on upgrading the Apparel
Factory’s roof, HVAC system,
Septic and other required repairs
to the building to make it us
able; and,
Whereas the Tribal Coun
cil approved the Econom ic
Stewardship Plan by motion on
July 29, 2010, to provide guid
ance for creating and expand
ing efforts to increase Tribal rev
enue, increasing the number of
family wages jobs, developing
a more robust private business
sector, and improving/expand
ing business infrastructure; and,
W hereas the E conom ic
Stewardship Plan'creates a Ca
pacity Team with a focus on
improving the economic vital
ity of the Warm Springs Res
ervation by increasing Tribal
revenue, increasing the number
of family wage jobs, increasing
the private business sector and
improving and expanding busi
ness infrastructure; and,
W hereas the C ap acity
Team is comprised of govern
ment and non-government en
tities holding a shared invest
ment in economic development
and operating in partnership un
der an Memorandum of Agree
ment that fosters a shared mis
sion among economic develop
ment sectors including: Profit
Sector (Enterprise D evelop
ment Corporation, Tribal Busi
ness Enterprises), Non-Profit
Sector (Warm Springs Commu
nity Action Team with a focus
on private/sm all business),
Government Sector (Job Cre
ation and Development, Grant
Development, and Planning/
Economic Development); and,
Whereas a total of $10 mil
lion economic investment was
approved through a 2010
supplemental budget and the
2011 annual budget; and,
Whereas the $10 million in
vestment includes $2 million
dedicated to capacity building,
$2 million dedicated to Private
Business Revolving Loan Fund
(PBRLF) assisting private busi
ness development, and $6 mil
lion dedicated to Business In
v estm en t R evo lvin g Fund
(BIRF) dedicated to enterprise
TeleCo offices
(Continued on the next page.)