Spily^y Tym oo, Warm Springs, Oregon
Pdge 13
Ju ly 13, 2011
Resolutions of Tribal Council
(Continued from page 12)
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 due to the critical
nature of services to be pro
vided by the Tribal Telco timely
property m anagem ent is re
quired to address p o ten tial
building issues that arise from
time to time; now, therefore,
Be it resolved by the 25th
Tribal Council of the Confed
erated Tribes of Warm Springs
Reservation of Oregon, pursu
ant to Article V, Section 1 (f),
(1) and (o) of the Constitution
and By-Laws as amended, that
“Ventures” through its affiliated
company “Warm Springs Prop
erty M anagem ent, L L C ” is
hereby assigned the A pparel
Factory building in order to im
prove and maintain the building,
market and lease the property
to the Telco and Ventures’ ad
ministrative offices in order to
further the Tribes economic de
velopm ent and em ploym ent
goals; and,
Be it further resolved that
the Tribal Council authorizes
Ventures through its affiliated
company Warm Springs Prop
erty Management to negotiate,
approve and execute all appro
priate documents, fiscal instru
ments or contracts, permits and
any amendments as needed to
market and lease the above ref
erenced property; and,
Be it further resolved Tribal
Council maintains the right to
prohibit any proposal it deems
detrimental to Tribal land or it’s
Membership.
Teleco
infrastructure
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 by Resolution no.
11,181, Tribal Council formed
the Warm Springs Telecommu
nications Company (“WSTC”),
as a subordinate organization
pursuant to Article V, Section 1
(o) of the Tribal Constitution for
the purpose of providing ex
panded and improved telecom
m unication services on the
Warm Springs Reservation to
tribal members, Tribal and pri
vate businesses, critical facilities,
Tribal and other governments;
and,
W hereas by R eso lutio n
11,181 Tribal Council recog
nized that it is in the best inter
est of the Tribes “to provide an
effective rnechanism to operate
and manage telecommunications
on the reservation” through
WSTC; and,
Whereas the Articles of In
corporation of the WSTC state
that the purpose of the corpo
ration is to, among other things,
enter the telecommunications
business and become the gen
eral telephone provider on the
Warm Springs Reservation, to
construct, operate and maintain
all forms o f telecom m unica
tions services including tele
phone signals over wire line,
microwave, and cellular radio
systems, cable television services
and electronic data of all types
and kinds, and to develop, im
prove and manage the telecom
munications infrastructure on
the reservation and the lands of
the Tribes; and,
Whereas in August, 2010,
the T ribe and W STC w ere
awarded a Broadband grant and
loan funding under the Ameri
can Recovery and Reinvestment
A ct in the am ount o f
$5,445,920 (“ARRA Funding”)
and WSTC plans to begin imple
menting infrastructure improve
ments and other activities in
support of telecommunications
services in November of 2010;
and,
Whereas the WSTC will be
responsible for the care and
maintenance of its current and
future telecommunications in
frastructure to a specified de
marcation point which includes,
but is not limited to communi
cations towers, radios, antennas,
fiber optic cable, and other out
side plant telecommunications
facilities associated with the dis
tribution of wired and wireless
communication services; and,
Whereas the Tribe, its de
partments and enterprises cur
rently manage many existing tele
communication assets on the
reservation; and,
Whereas the Tribe currently
funds the maintenance of tele
communications infrastructure
out of its capital budget; and,
Whereas in order to effec
tively manage its existing and
future telecommunications in
frastructure the Tribal Council
finds that it is in the best inter
est of the Tribe to consolidate
the management of the outside
plant telecommunication assets
on the reservation under the
WSTC; now, therefore,
Be it resolved by the 25th
Tribal Council of the Confed
erated Tribes of Warm Springs
Reservation of Oregon, pursu
ant to Article V, Section 1 (f), (1)
and (o), that management of the
outside plant Tribal telecommu
nications infrastructure be as
signed to the WSTC; and,
Be it further resolved that
a written directive shall be issued
to all offices, departments, agen
cies, employees and agents of
the Tribes, its enterprises and
subordinate bodies, notifying
them of the purposes and re
quirements of this resolution.
('Resolution no. 11,411.)
Teleco service
preference
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 by Resolution No.
11,181, Tribal Council formed
the Warm Springs Telecommu
nications Company (“WSTC”),
as a subordinate organization
pursuant to Article V, Section 1
(o) of the Tribal Constitution
and By-Laws, for the purpose
of providing expanded and im
proved telecommunication ser
vices on the Warm Springs Res
ervation to tribal m em bers,
Tribal and private businesses,
critical facilities, Tribal and other
governments; and,
Whereas by Resolution No.
FI,181 Tribal Council recog
nized that it is in the best inter
est of the Tribes “to provide an
effective mechanism to operate
and manage telecommunications
on the reservation” through
WSTC; and,
Whereas the Articles of In
corporation of WSTC state that
the purpose of the corporation
is to enter the telecommunica
tions business and become the
general telephone provider on
the Warm Springs Reservation
in order to, among other things:
• Construct, operate and
maintain telecommunications as
a secure, profitable business of
the Tribes as it related to all
forms of telecommunications
services, including the receipt
and transmission of telephone
signals over wire line, micro-
wave, and cellular radio systems;
the provision of cable television
services and electronic data of
all types and kinds;
• To develop, improve and
manage the telecommunications
infrastructure on the reserva
tion and the lands of the Tribes;
• Enable the Tribes to de
velop its resources for the ben
efit of Tribal members; and
• To assist the Tribes in de
veloping its Reservation into
an economically viable home
land for present and future gen
erations of our people; and
Whereas WSTC will provide
the Reservation with new, state
of the art, telecommunications
that will support new economic
development opportunities, edu
cational benefits and improved
health care for tribal members
that would not be achieved with
out creation of the WSTC; and,
W hereas the success o f
WSTC, its ability to improve
telecommunications infrastruc
ture on the Reservation and to
achieve the purposes and ben
efits identified in the WSTC Ar
ticles of Incorporation relies on
the support of the Tribe, acting
through its tribal administration
and various departments, enter
prises, subordinate bodies and
tribal members; and,
Whereas in August and Sep
tember, 2010, the Tribe and
WSTC were awarded a Broad
band grant and loan funding
under the American Recovery
and Reinvestment Act in the
amount of $5,445,920 (“ARRA
Funding”) and a technical assis
tance grant of $200,000 through
the U.S. Department of Agricul
ture Rural Utility Service (“RUS
Grant”); and,
W hereas the ab ility for
W STC to repay the ARRA
Funding loan and to meet the
ARRA Funding and RUS Grant
requirem en ts is th reaten ed
when WSTC is not considered
or consulted regarding the pro
vision of telecommunications
services to and for the Tribe and
this undermines the ability of
WSTC to provide benefits and
services to the Tribe and the
tribal membership; and,
Whereas in order to best
support the growth of WSTC
and ensure its success for the
benefit of the Tribe and tribal
members, all tribal offices, de
partm ents, agencies, E nter
prises, employees and agents of
the Tribe must consider WSTC
as a possible provider of tele
communications services to the
extent that WSTC provides the
required services; and
Whereas in the event the
WSTC cannot provide required
services or the service does not
meet the requirements of the
Tribe, then tribal offices, depart
ments, agencies, Enterprises,
employees and agents of the
Tribe must enlist the consulting
services of the WSTC in mak
ing telecommunications deci
sions in order to ensure that any
product or service selected is
compatible with the technology
u tilized by the W STC; now
therefore,
Be it resolved by the 25th
Tribal Council of the Confed
erated Tribes of Warm Springs
Reservation of Oregon, pursu
ant to Article V, Section 1(f), (1)
and (o), that all tribal offices, de
partm ents, agencies, E nter
prises, employees and agents of
the Tribe are directed to give
preference to W STC in the
award of telecommunications
contracts for services to and on
the Warm Springs Reservation
pursuant to tribal guidelines for
Indian Preference of Indian-
owned economic enterprises;
and
Be it further resolved that
all tribal offices, departments,
agencies, Enterprises, employees
and agents of the Tribe are di
rected to consult WSTC regard
ing any telecommunications ser
vice or product to be purchased
by a tribal entity and to, in any
such purchase, maintain compat
ibility with WSTC to the extent
feasible; and
Be it further resolved that
a written directive shall be issued
to all offices, departments, agen
cies, Enterprises, employees and
agents of the Tribe notifying
them of the purposes and re
quirements of this resolution.
(Resolution no. 11,412.)
Bio-mass
Agreement, attached hereto as
Exhibit “A,” with any minor
modifications deemed necessary
by the Secretary-Treasurer; and
Be it further resolved that
the Tribal Council hereby ap
proves a waiver of sovereign im
munity for the Memorandum
of Agreement to become effec
tive upon execution o f said
docum ents. (R esolution no.
11,415.)
Reburial
W hereas certain N ative
American human remains and
funerary objects were unearthed
from United States Army Corps
of Engineers, Portland District
(“District”) lands that are sub
ject to the requirements of the
Native American Graves Pro
tection and Repatriation Act
(“NAGPRA”); and
W hereas the D istrict has
agreed to facilitate the reburial
of Native American human re
mains and funerary objects on
District fee-title land southeast
of Le Page Park near the John
Day River, Sherm an County,
Oregon;, and
Whereas the Memorandum
of Agreement (“MOA”), exhibit
“A,” between the District, the
Tribe, the Confederated Tribes
and Bands of the Yakama Na
tion, and Confederated Tribes
of the Umatilla Indian Reser
vation, Oregon is intended to
facilitate the reburial; and
Whereas the MOA is limited
in scope solely to the designa
tion and use of a reburial site
for N ative Am erican human
remains and funerary objects
that were unearthed from Dis
trict fee-title lands; and
Whereas the Tribe desires to
enter into the MOA attached as
Exhibit “A”; 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, hereby
authorizes the Secretary-Trea-
surer/C E O to execute the
MOA, attached hereto as Exhibit
“A,” with any minor modifica
tions deemed necessary by thé
Secretary-Treasurer/CEO; and
Be it further resolved that
the Tribal Council hereby ap
proves a limited waiver of sov
ereign immunity for the MOA,
attached hereto as Exhibit “B”
and authorizes the Secretary-
Treasurer/CEO to insert the
same into the MOA or to oth
erwise execute any necessary
docum ents to effectuate the
same for the MOA, such waiver
to become effective upon ex
ecution o f said docum ents.
(Resolution no. 11,416.)
Whereas Tribal Council be
lieves that a biomass fueled en
ergy generation facility located
on the Reservation will provide
economic, environmental and
social opportunities for the Tribe
and tribal members; and
W hereas W arm Springs
Bio-Resources LLC (“WSBR”)
is an Oregon limited liability
com pany w h o lly ow ned by
Warm Springs Power and Wa
ter Enterprises (“WSPWE”), a
chartered business enterprise
w holly owned by the Tribe,
which was formed for the pur
poses of developing and partici
pating in a biomass-fired power
generation facility on the Res1
ervation and/or other activities
associated with the Project; and
Whereas Northwest Energy
Systems Company (“NESCO”)
a Washington limited liability
company, is an experienced de
veloper o f power generation
facilities in the Pacific North
west, has substantial experience
in power plant development, fi
nancing and operation, and has
expressed interest in having its
affiliate O regon B ioE nergy
(“OBE”), an Oregon limited li
ability company, develop a 38
MW biomass-fired power gen
eration facility, on approxi
mately 100 acres of land located
within the Warm Springs Reser
vation (the “Project”); and
Whereas the Tribal Council,
through Resolution 11,351, has
previously granted a limited du
ration site license to OBE to
facilitate OBE’s ability to access
the Site and undertake necessary
permitting, feasibility and due
diligence activities; and
Whereas the Memorandum
of Agreement, attached hereto
as Exhibit “A,” sets forth the
business terms agreeable to the
Tribe for the good faith nego
tiations regarding the develop
ment of the Project and of de
finitive business agreements re
lated to the Project that are nec
essary to permit and govern the
location, financing, construction,
operation and ownership of the
Project on the Reservation; and
Whereas the Tribe desires to
Whereas the Warm Springs
develop a long term and mutu Reservation is reserved for the
ally beneficial relationship re exclusive benefit of the mem
garding the Project;
bers of the Confederated Tribes
W hereas the W SPW E of the Warm Springs Reserva
Board o f D irectors has ap tion of Oregon; and,
proved the terms of the Memo
Whereas the agriculture land
randum of Agreement pursuant of the Confederated Tribes of
to Resolution No, 11-1; now the Warm Springs Reservation
therefore,
of Oregon, is of significant cul
Be it resolved by the 25th tural and traditional value to the
Tribal Council of the Confed people of the tribes; and,
erated Tribes o f the W arm
Whereas that the Range and
Springs Reservation of Oregon, Agriculture Committee and the
pursuant to Article V, section 1 (0 Land Use C om -m ittee have
and (1), of the Tribal Constitu been working with an Ad Hoc
tion and By-Laws, Section 5(f) Cropland Planning Group com
of the Tribal Corporate Char posed of tribal mem-bers and
ter, the Tribe hereby authorizes technical staff, representatives
the Secretary-Treasurer to ex from Oregon State University,
ecute the M em orandum o f Oregon State University Exten
Tribal farm
sion Natural Resources Conser
vation Service, m em bers o f
C ultural
and
H eritage
Commit-tee, Water Board, and
Indian Health Services (IHS),
whose purpose has been to pro
vide perspect-ives, study issues,
and develop recommendations
to assist the Range and Agricul
ture Manager in the establish
ment and operation of the Tribal
Farm; and,
W hereas the B ranch o f
Natural Resources is charged
with the responsibility of man
aging preserving and enhancing
the Tribe’s natural, cultural re
sources and sovereignty for the
benefit o f the Confederated
Tribes and its tribal members;
and,
Whereas the Range and Ag
riculture D epartm ent w ithin
the B ranch o f N atural R e
sources has the responsibility of
tribal agriculture land and the
implementation of the Restora
tion Plan, and development of
a Farm Business Plan, that will
provide opportunities for tribal
member employment, and with
an in teg rated approach to
project planning consistent with
Integrated Resource M anage
ment Plan (IRMP); and,
Whereas the Tribes will be
using their adjudicated water
rights; and,
N ow therefore be it re
solved by the 25th Tribal Coun
cil of the Confederated Tribes
of the Warm Springs Reserva
tion of Oregon, that pursuant
to Article V, Section I (a), (c),
(d), (f), (1), and (o), (u) of the
Tribal C onstitution and By-
Laws, consistent with Range and
Agriculture Restoration, that the
Range and Agriculture Depart
ment establish a Tribal Farm by
re-establishing irrigation on all
irrigable lands in the area known
as Moody and to be expanded
to other tribally owned land as
practicable and desirable; and,
Be it further resolved that
the Range and Agriculture De
partment will hire a tribal farm
m anager, answ erable to the
Range and Agriculture Manager,
who will develop and operate the
tribally owned farm profitably
to increase tribal member em
ployment and gener-ate needed
income from tribal lands; and,
Be it further resolved that
all revenues generated by the
Tribal Farm will be placed into
a revenue account to be man
aged by the Range and Agricul
ture Department. The monies
from this account will be car
ried forward each year neces
sary for the con tinued
op-eration of the Tribal Farm;
and,
Be it further resolved, the
Tribal Council authorizes, on a
continuing basis, the release of
funds upon the request of the
G eneral M anager o f the
Branch o f Natural Resources
pursuant to an annual budget
and use plan to assure funds are
available in amounts at times
said m anager determ ines are
necessary to expeditiously ex
ecute the work detailed in the
Restoration Plan, as set forth in
the Trust Settlement Agreement.
Be it further resolved the
Tribal Council directs and au
thorizes the Secretary-T rea-
surer/CEO and Chief Opera
tions
O fficer to w ork
collaboratively with the Branch
o f N atural Resources/Range
and Agriculture Department,
affected Tribal Com m ittees,
BIA, IHS, USD A and other
agencies to seek and secure the
necessary agreements and finan
cial resources, subject to Tribal
Council re-view and concur
rence, to implement the intent
of this resolution. (Resolution no
11,441.)