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Spiiydy Tymoo, Wdrm Springs, Oregon
Page 9
November 30, 2011
Resolutions of Tribal Council
Biomass
mental budget and an annual
budget process, the Tribal Coun­
Whereas Tribal Council be­ cil has duly appropriated funds
lieves that a biomass fueled en- in the amount of $6,000,000 to
ergy generation facility located the BIRF fund with the Secre­
on the Reservation will provide tary-Treasurer/ CEO developing
economic, environmental and policies and procedures for ex­
social opportunities for the Tribe penditure of such funds to be
and tribal members; and,
presented and approved by the
W hereas
O regon Tribal Council before any dis­
BioEnergy LLC (“OBE”) is pro­ tribution of such funds; and,
posing to develop, construct,
Whereas Renewable Energy
own and operate a biomass fu­ Incorporated (“REi”) desires to
eled energy generation facility construct and operate a munici­
(“Project”) on a site within the pal solid waste gasification gen­
Reservation to be comprised of eration facility (“REi facility”)
approximately 100 acres (“Site”); on trust land, and,
and,
Whereas the REi facility will
Whereas pursuant to Tribal lead to the development of up
C o un cil R esolutio n 11,351, to fifty (50) new family wage
Tribal Council approved a Li­ jobs and provide revenue gen­
cense to permit OBE to under­ eration opportunities for the
take the perm itting, develop­ Tribe; and,
ment and feasibility study of the
Whereas the feasibility of
Project at the Site (“License”); the REi facility requires secur­
and,
ing the Section 1603 Grant In
Whereas pursuant to Tribal Lieu of Investment Tax Credit
C o un cil R eso lutio n 11,478 before the December 31, 2011
Tribal Council approved an ex­ which will rely, in part, on se­
tension to the License Term curing site control, tribal permit­
which was memorialized in a ting and other development ac­
First Amendment to License tivities this fall; and,
Agreement; and,
W hereas W arm Springs
W hereas the L icen se is Power and Water Enterprises is
scheduled to expire on October actively negotiating terms and
1, 2011 “unless earlier extended conditions for a long term site, *
in writing by mutual agreement lease, and option for the con­
of the Parties” (“Term”); and,
struction, operation, and own­
Whereas the Tribal Council ership of the REi facility and is
deems it necessary and desirable assisting REi in efforts to facili­
to extend the Term of the Li­ tate other necessary develop­
cense until December 31, 2011 ment activities; and,
as pro vid ed in the Second
Whereas WSPWE expects
Amendment to License Agree­ that planning and development
ment, attached as Exhibit “A”, costs and the costs of permit­
provided OBE and its parent ting the REi facility w ill be
company, N orthwest Energy $100,000; and,
Systems Company LLC agree to
Whereas the “BIRF” Com­
terms reflected in September 12, mittee has met on September 9,
2011 correspondence, attached 2011, and reviewed the request
as Exhibit “B” in a manner rea­ for funding, under the terms
sonably satisfactory to the Sec- and conditions recommended by
retary-T reasurer/C E O ; and, the “BIRF” committee and be­
now therefore;
lieves the $100,000 request
Be it resolved by the 25th m eets the objectives o f this
Tribal Council of the Confed­ Fund and hereby recommends
erated T ribes o f the W arm Tribal Council approve said ex­
Springs Reservation of Oregon, penditure to WSPWE and to
pursuant to Article V, section Warm Springs Branch of Natu­
1(c), (f), and (1), of the Tribal ral Resources, Environmental
Constitution and By-Laws and Office to cover expenses of up
Sections 3(b) and (f) o f the to $100,000, and that any un­
Tribal Corporate Charter, the used sum be returned to the
Tribe hereby conditionally ap­ BIRF Fund; now, therefore,
proves the Second Amendment
Be it resolved by the 25th
to License Agreement, attached Tribal Council of the Confed­
as Exhibit A and conditionally erated T ribes o f the W arm
authorizes the Secretary-Trea­ Springs Reservation of Oregon,
surer/ CEO to execute the same pursuant to Article V, Section
with any minor modifications 1(f), (1) and (t) of the Tribal
deemed necessary by the Sec­ Constitution and By-Laws, that
retary-Treasurer/ CEO, the fore­ the Tribal Council hereby autho­
going expressly conditioned on rizes the Secretary—Treasurer/
OBE and NESCO first agree­ CEO to provide funding to
ing to terms reflected in Sep­ Warm Springs Power & Water
tem ber 12, 2011 correspon­ Enterprises and Warm Springs
dence, attached as Exhibit “B” Branch of Natural Resources
in a manner reasonably satisfac­ from the BIRF Fund in the to­
tory to the Secretary-Treasurer/ tal amount of up to $100,000
in accordance with terms and
CEO. fResolution no. 11,497.)
conditions agreed to by the
BIRF Committee and directs
that any unexpended funds be
returned to the BIRF Fund and
further directs as provided in
Whereas the Confederated the funding terms and condi­
“Tribes o f the Warm Springs tions any interest and earnings
R eservatio n
of
O regon ^ on such funding shall be rein­
(“Tribe”) is a federally recog­ vested in the BIRF Fund. (Reso-
lution no. 11,498.)
nized Indian tribe; and,
Whereas Warm Springs is
very active in planning and con­
structing economic and commu­
nity development opportunities;
and,
W hereas P alom ar Gas
W hereas by p assage o f
Tribal Council Resolution No. Transmission, LLC (“Palomar”)
11,289 the Business Investment filed an application with the Fed­
Revolving Fund “BIRF” Com­ eral Energy Regulatory Com­
mittee was created with one of mission under the Natural Gas
its objectives being to provide a Act (the application proceeding,
means for assistance with the FERC Docket Number CP09-
development of business oppor­ 35) for federal authorization to
tunities by Tribal business enter­ construct and operate a natural
prises for the W arm Springs gas transmission line (the “Pipe­
line”) with the eastern segment
Reservation; and,
Whereas through a supple­ extending from the interstate
Waste project
Palomar
natural gas pipeline facilities of 1 to the Agreement for Ease­
Gas Transmission Northwest ment for Natural Gas Pipeline
Corporation near Madras, Or­ Purposes (“A ddendum ”), at­
egon, to the vicinity of Molalla, tached as Exhibit “A”; and,
Oregon; and,
Be it further resolved that
Whereas Palomar’s applica­ the Tribal Council hereby ap­
tion in the FERC Proceeding proves extending the waiver of
identified a proposed route that sovereign immunity included in
involved an aerial crossing of the Agreement for Easement for
the Deschutes River within a Natural Gas Pipeline Purposes
segment of the Deschutes River to apply to the Addendum at­
that has been designated part of tached as Exhibit “A”; and,
the National Wild and Scenic
Be it further resolved by
Rivers System (“Wild and Sce­ the Tribal Council that the Tribal
nic Deschutes River”) and, in the Council Chairman, Vice-Chair­
Tribe’s view, involved impacts to man or Secretary Treasurer/
other tribal interests; and,
CEO is hereby authorized to
W hereas on O ctober 20, sign and execute a finalized ver­
2010, the Tribe and Palomar sion of the Addendum, attached
entered into an Agreement for as Exhibit “A”, with such minor
Easement for Natural Gas Pipe­ edits to the Addendum or its
line Purposes which identifies an exhibits as deemed necessary by
alternative on-Reservation pipe­ the Chairman on behalf of the
line route, crossing approxi­ Tribe. (Resolution no. 11,499.)
mately 36.1 miles of Reserva­
tion land (“Warm Springs Alter­
native”) that will be analyzed by
the FERC in an Environmental
W hereas on A ugust 24,
Impact Statement (“EIS”); and,
Whereas the Tribe believes 2011, the Warm Springs Reser­
that the construction and opera­ vation of Oregon experienced
tion of the Warm Springs Al­ a lightning storm that ignited 48
ternative in the manner con­ fires scattered throughout the
sistent with the adopted Envi­ forested and range areas of the
ronmental and Mitigation Pack­ reservation; and,
Whereas the High Cascades
age is in the Tribe’s best interest
and is the environmentally pre­ Fire Complex (Power Line, West
ferred alternative, particularly as H ills, Razorback, Seekeequa,
it relates to eliminating impacts Badger Butte/Lemiti and Trout
to the W ild and Scenic Lake fires) was contained on
Deschutes River, to managing September 16, 2011; and,
Whereas a large portion of
impacts to cultural and other
sensitive resources, and to po­ the High Cascades Fire Complex
tential future economic develop­ burned within areas designated
ment and job creation opportu­ as condition use (10,774 acres)
nities; and,
with specific acres as follows:
W hereas N o rth ern Star
1. Power Line — 1,485 (Mill
Pipeline Company, LLC, a liq­ Creek Canal, P otter’s Pond,
uefied natural gas company as­ Boulder East CUAs)
sociated with the western seg­
2. W est H ills — 1,931
ment of the Pipeline, filed bank­ (Tenino, Wolford, Seekseequa,
ruptcy in the U nited States Beachcomb CUAs)
Bankruptcy Court for the South
3. Razorback — 5,796 (Ra­
District of Texas, Houston Di­ zorback, M utton M ountains,
vision which has impacted the Tule Lake CUAs)
4. Seekseequa — 1,394 (Box
scope and commercial status of
Canyon CUA)
the Pipeline; and,
W hereas on M arch 23,
5. Badger Butte/Lemiti —
2011, Palomar filed with FERC 34 (Cedar M eadows, Badger
a Notice of Withdrawal of Cer­ Creek Flat CUAs)
tificate Application for the Pipe­
6. Trout Lake — 134 (Boul­
der CUA); and,
line; and,
Whereas the Integrated Re­
Whereas Palomar has ex­
pressed its desire to pursue the sources Management Plan pro­
eastern segment of the Pipeline, vides for active management to
including the Warm Springs Al­ deal with forest health issues and
ternative, under a new commer­ capture the economic value of
cial arrangement and under a trees impacted by catastrophic
new FERC Certificate applica­ events such as the High Cascades
tion; and,
Fire Complex through salvage
Whereas Palomar requires operations; and,
W hereas the B ranch o f
additional time to diligendy pur­
sue a new commercial arrange­ N atural Resources has con­
ment and, if successful, to file ducted initial surveys o f the
a new FERC Certificate appli­ forested acres, including those
cation for the eastern segment acres designated as conditional
o f the Pipeline, including the use areas, impacted by the High
Warm Springs Alternative; and, Cascades Fire Complex; and,
Whereas these surveys indi­
Whereas Palomar desires to
maintain the rights and obliga­ cate trees within conditional use
tions o f the A greem ent for areas impacted by the High Cas­
Easement for Natural Gas Pipe­ cades Fire Complex have eco­
line Purposes during this time; nomic value that can be recov­
ered through salvage harvests
and,
Whereas the Tribe desires to without causing excessive dam­
provide ad d itio n al tim e to age to other natural or cultural
Palomar to diligently pursue the resources; and, now therefore,
Be it resolved by the 25th
eastern segment of the Pipeline,
including the Warm Springs Al­ Tribal Council of the Confed­
ternative, and to maintain the erated T ribes o f the W arm
rights and obligations o f the Springs Reservation of Oregon,
Agreement for Easement for pursuant to Article V, Section 1
Natural Gas Pipeline Purposes (a) and (1), of the Constitution
during this time through the at­ and By-Laws, as amended, that
tached Addendum Number 1 to the Tribal Council authorizes the
the Agreement for Easement for Natural Resources Branch to
Natural Gas Pipeline Purposes; proceed with an expedited sal­
now therefore,
vage assessment plan (or plans)
Be it resolved by the 25th to harvest fire-impacted trees
Tribal Council of the Confed­ and perform associated forest
erated T ribes o f the W arm management activities within
Springs Reservation of Oregon, conditional use areas; and,
pursuant to Article V, Sections
Be it further resolved that
1(c), (f) and (1), of the Tribal the B ranch o f N atural R e­
Constitution and By-Laws, that sources w ill follow the Inte­
the Tribal Council hereby ap­ grated Resources Management
proves the Addendum Number Plan in developing an assess­
Fire impact
ment of impacts to all natural
and cultural resources; and,
Be it further resolved that
Tribal Council authorizes the
Branch of Natural Resources
to proceed with salvage opera­
tions and associated manage­
ment activities within condi­
tional use areas affected by the
fire after the assessment is com­
pleted; and,
Be it further resolved that
applicable tribal and federal laws
will be adhered to and complied
with for the duration o f ap­
proved salvage projects. (Resolu­
tion no. 11,502.)
Aspirations
Project
Whereas the Confederated
Tribes o f the Warm Springs
Reservation of Oregon is a fed­
erally 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,
Whereas Tribal Council rec­
ognizes that the health, safety
and general welfare of the tribal
community members and their
fam ilies living on the Warm
Springs Indian Reservation are
matters of the highest impor­
tance; and,
Whereas the Confederated
Tribes o f the Warm Springs
Reservation of Oregon Coun­
cil has reviewed and accepted
the invitation to participate in
the SAMHSA funded Native
Aspirations Project being admin­
istered by KAI to develop (or
enhance) a comprehensive Com­
m unity Prevention Plan and
Community Sustainability Plan
for youth violence, bullying, and
suicide prevention. The project’s
duration is through September
1, 2013, and is subject to the
availability of project funding;
and,
Whereas the Warm Springs
community of the Confeder­
ated Tribes of the Warm Springs
R eservation o f O regon has
been identified as the commu­
nity “most in need” to partici­
pate in the Native Aspirations
Project; and,
Whereas the Confederated
Tribes o f the Warm Springs
Reservation of Oregon Coun­
cil agrees to participate in the
project evaluation process per­
taining to data use and data shar­
ing the Confederated Tribes of
the Warm Springs Reservation
o f O regon R eso lu tio n is a
sup plem ent to the m utual
project evaluation and fiscal re­
sponsibilities described in the
KAI and ICF Macro M emo­
randa o f Understandings and
KAI Community Budget Agree­
ment); and,
W hereas the Com m unity
Counseling Center is being sub­
m itted as the recom m ended
C onfederated Tribes o f the
Warm Springs Reservation of
Oregon Lead Agency (pending
Native Aspirations Project Di­
rector review and approval) to
house this project and serve as
the fiscal agent for the Confed­
erated T ribes o f the W arm
Springs Reservation of Oregon,
in order to monitor and provide
oversight of the use of commu­
nity funds to be distributed in­
crementally over the course of
the Confederated Tribes of the
Warm Springs Reservation of
O regon engagem ent in the
project; and,
Whereas the names and tides
o f the following individual(s),
are being submitted as the rec­
ommended tribal Lead Contact
and Co-Lead Contact persons
(pending N ative A spirations
P roject D irector review and
approval) to facilitate this project
for the Confederated Tribes of
Warm Springs, and,
Whereas the names o f the
following individuals are being
subm itted to be part o f the
Oversight Panel for the Confed­
erated Tribes of Warm Springs,
who will oversee the efforts and
activities for the Native Aspira­
tions Project:
Caroline M. Cruz, Health &
Human Services General Man­
ager, L ead C o ntact; Jo len e
Walters, Community Counseling
Center Director, Co-Lead Con­
tact; Michael Martinez, Preven­
tion C oordinator, H ealth &
W elfare Com m ittee; M itchell
Lira, Youth Representative.
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(d), (1), and (p) of the Tribal
Constitution and By-Laws, that
the Secretary-Treasurer/CEO is
authorized and approve the ac­
ceptance for participation with
the Native Aspirations Project
and do hereby authorize the
Confederated Tribes of Warm
Springs community to partici­
pate in the project. The Confed­
erated Tribes of Warm Springs
Council approved the recom­
mended Lead Contact and Co-
Lead Contact persons to facili­
tate and obtain the necessary
tribal authorization for the pro­
gram implementation and pro­
cess evaluation. Furthermore,
the Tribal Council approved the
recom m ended nam e o f the
L ead A gency to house the
project and serve as fiscal moni­
tor and the recom m en ded
names submitted to serve on the
Oversight Panel.
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 Kauffman & Associates,
Inc. (K A I). (R esolu tion no.
11,505.)
( ------------------ — ------------------------------------------------------------ \
Legal Aid Services of Oregon provides free
assistance to low-income Oregonians in many civil
cases. Speak with an attorney during drop-in hours
1 to 4 p.m. on the first Monday of the month at the
Warm Springs Community Action Team building,
1136 Paiute Ave, Warm Springs.
Or call 385-6944 Monday through Thursday between
9 a.m. and 4 p.m. (at lunch from noon-1 p.m.)
V________________ ___________________________
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