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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (March 6, 2013)
Spilyay T ym oo, W arm Springs, O regon M arch 6, 2013 Page 15 Tribal Council Resolutions W arm Springs E lem entary vancement o f the rule o f law,' Jefferson County School Dis and the improvement o f so trict Nô. 509J (“School Dis School (“Project”); and, trict”) bond levy election ap Whereas the Tribal Ref ciety as a whole; and, Whereas the Tribe wishes proved on May 15, 2012, the e ren d u m a u th o riz e d th e Whereas th e T ribal Tribe to contribute a princi to formally endorse and sup Tribe and the School District Council o f the Confeder pal am o u n t n o t to exceed port the Ninth Circuit’s nomi are procCedihg forward in a ated Tribes o f the Warm $10,736,300'to fund one-half nation o f Judge Leavy, and joint and cooperative effort Springs R eservation o f o f the Project (“Tribal Con to authorise the Chairman to to construct a new K-8 Warm Oregon has chartered The tribution”), and to borrow prepare and send a letter on Springs, Elem entary School M useum At W arm funds as necessary on terms behalf o f the Tribe in sup (“Project”); and, Whereas the Tribe con Springs; and, acceptable to the Tribal Coun port thereof; and, Whereas, for more than sidered a number o f locations Whereas A rricié IV, cil; and, Section 2., Classification W hereas th e T rib e is a decade, Judge Leavy has for the P roject, and, after and Term o f Office and currently in the process o f presided over multiple media weighing a number ofifactors, Section 3., Appointment, negotiating w ith the United tions and A DR processes in including topography, size, The Museum Charter pro S ta te s D e p a r tm e n t o f volving the T ribe and the potential user conflicts, infra vides for the appointment Agriculture’s Rural D evelop United States and various fed structure, environmental im by the Tribal Council o f m en t P ro g ram (“USDA”) eral officials; and, pacts, and accessibility, the Whereas, during each of Tribe chose a 36 acre site, m em bers o f the B oard fo r a lo a n o n fa v o ra b le from among the member term s to fund all or p art o f those m atters, Judge Leavy m ore or less, in the Greely ship o f the Board o f Re the Tribal C ontribution and worked tirelessly to assist the Heights neighborhood, Ex gents o f T he M useum ; to guarantee interim financ parties reach a compromise, hibit “A” (“Project Site”); and, ing; and, now, therefore; which often involved address Whereas the Project Site Whereas the USDA has ing such fundamental issues is located in a com m unity Be it resolved, in com pliance with the Charter, indicated th a t in o rd er to as the Tribe’s sovereignty, the zone and has been approved by the Tribal Council o f qualify fo r the USDA. RD United States trust duties that for educational use via Re the Confederated Tribes loan program, the Tribe may it owes to the Tribe, and fu source Management Interdis o f the Warm Springs res only borrow any funds that it ture government-to-govern- ciplinary Team (“RM ID T”) ervation o f Oregon, pur does not currentiy have avail m ent relations between the Resolution No. 2Ô09-917-C, suant to Article V, Section able to c o n trib u te to the parties; and, dated Septem ber 17, 2009; I) o f the Constitution, that Project; and, Whereas, im p o rtan tly , and, t Whereas the USDA has Judge Leavy served as ADR the following persons be Whereas Construction o f appointed or reappointed fu rth er in d icated th a t the judge in the Tribe’s trust mis the Project on the Project Site to the Board o f Directors Tribe does not have adequate management lawsuit against otherwise conforms with the o f The Museum A t Warm security to support a loan for the United States; and, laws o f the Tribe; and, Whereas the Tribe’s trust Springs with terms expir th e en tire a m o u n t o f th e Whereas the Tribe and Tribal Contribution; and, ing January 1, 2016: case focused on the core o f the School District have de Whereas the Tribal Coun its trust relationship with the veloped a Lease Agreement Class III: Tribal Member: Beulah cil believes that in order to U n ited S tates an d raised for the development and use carry o ut the Tribal Referen claim s th a t reach ed back o f the Project Site for edu Tsumpti T rib al M em ber (or dum and to qualify for a loan many decades; and, cational purposes, a near fi N o n -T rib a l M em ber): for a portion o f the Tribal Whereas in 2 0 0 4 ; th e nal draft .of which is Exhibit Contribution in an am ount Tribe and the United States “B”; and, Patricia Creelman N fin-Tribal M em ber: cu rre n tly e stim ated at commenced their A DR with Whereas the Tribe has Douglas Goe $6,854,269, which would be Judge Leavy; and, agreed to waive m onetary Term expires: January supported by sufficient secu W hereas, w ith Ju d g e co m p e n sa tio n u n d e r th e i, 2016 rity to satisfy USDA require Leavy’s guidance, the parties L ease A g reem en t fo r th e ments, it is necessary to real settled the Tribe’s claims in Tribe’s ownership interests in . Resolution. N o. 11,728.) locate a portion o f the, funds tw o p h a s e s ; th e p a r tie s ¿he Project Site for the dura allocated to the E conom ic reached the first setdem ent tion o f the lease term, and Stew ardship Initiativ e per in 2006 and the second in that the Tribe consequently Resolution No. 11,409; now, January 2009; and, desires to waive periodic re Whereas, in sum, Judge view and adjustment thereof; Whereas the Confeder therefore, Be it resolved by the 25th Leavy’s service as a media and, ated Tribes o f the Warm Whereas the Tribal Coun Springs Reservation has Tribal Council o f the C on to r / ADR judge for the Tribe chartered the Credit E n federated Tribes o f the Warm has significantly contributed cil believes th at w aiver o f terprise at Warm Springs; Springs Reservation o f O r to the administration o f jus monetary compensation un and, egon, pursuant to Article V, tice, the advancement o f the der the Lease Agreement for Whereas Article IV of Section 1(f), (1), and (u), o f rule o f law, and the improve tribal trust lands, and waiver the C redit C harter p ro the Tribal Constitution and m ent o f society as a whole o f periodic review and adjust vides for the appointment By-Law s, th a t th e T rib al assisting the Tribe and the m ent o f compensation, is in by the Tribal Council for Council hereby redirects to Unitfed States resolve long the best interest o f the Tribe m em bers o f thé Board; the Project $3,500,000 o f the standing issues in a joint, co so as to maximize available funds allocated to the E co operative, amicable manner, School District funds to op now, therefore, Be it resolved by the nomic Stewardship Initiative that among other things, rec erate and improve the Project 25th Tribal Council o f the per Resolution No. 11,409. ognizes and respects the par and to im prove educational ties’ sovereignty and culture services to children on the C onfederated Tribes o f (Resolution No. 11,723.) and helps establish a founda Réservation; and, the Warm Springs Reser tion for a better relationship; vation o f Oregon, pursu Whereas a portion o f the now, therefore, ant to Article V, Section 1 Project Site consists o f allot (s) o f the constitution and Be it resolved by the 25th ted land, specifically A llot Tribal Council o f the C on m ent N o. 332, equal to or By-Laws, that the follow ing person be appointed to federated Tribes o f the Warm greater than 75% o f which the B oard o f D irectors Springs Reservation o f O r is held in trust for the Tribe; o f Warm Springs Credit egon, pursuant to Article V, and, Whereas the C onfeder Section 1(d), o f the Tribal Enterprise with the term Whereas the BI A may ap ated T ribes o f th e W arm C onstitution and By-Laws, prove the Lease Agreement as indicated; Springs Reservation o f O r that the Tribe endorses and on behalf o f the individual CLASS 1 Sandra Greene Tribal egon (“Tribe”) is a federally supports the N inth Circuit’s minority owners o f Allotment M em b er T efm E n d s: recognized Indian tribe, and nom ination o f Judge Leavy No. 332 per the requirements a signatory to the Treaty with for the 2013 D evitt Award ‘ o f the Indian Land Consoli January 1, 2016 Sytje W illiams N on- the Tribes o f Middle Oregon, and th at the Chairm an, or dation A ct; and, M em ber Term Ends: June 25, 1855, 12 Stat. 963 designee, is authorized to pre Whereas the District has January 1, 2016 (Resolu (“1855 Treaty”); and, pare and send a letter, Exhibit: agreed to pay fair m arket tion Ño. 11,726.) Whereas th e T rib e is “A”, on behalf o f the Tribe rental value, as readjusted on aware, and understands, that to the D evitt Distinguished a periodic basis per the term the U nited States C ourt o f Service to Justice Award, c / o f the Lease Agreement, to Appeals for the N inth Circuit o American Judicature Soci the individual minority own is nominating the Honorable ety, The Opperm an Center at ers o f A llotm ent No. 332; E d w ard J. Leavy, S en io r Drake University, 2700 Uni and, Judge, for the 2013 D evitt versity Avenue, Des Moines, Whereas the Tribe, the Whereas, Pursuant to Distinguished Service to Jus IA 50311, in support thereof. BIA, and the USDA are in a Tribal Referendum ap tice Award (“Devitt Award”); (Resolution No. 11,729.) I the process o f com pleting proved on July 10, 2012 and, th e en v iro n m en tal review a n d J e f fe rs o n C o u n ty Whereas the Tribe fu r and assessm ent process re School D istrict N o, 509- th er u n d erstan d s' th a t the quired by the N ational E n J (“ S c h o o l D is t r ic t”) D evitt Award is a national vironm ental Policy A ct (for b o n d levy election ap award that honors Article III USDA and BIA) and the In proved oh May 15, 2012, federal judges from through tegrated Resources Manage the Tribe and the School out th& United States whose m en t P lan (“IR M P ”) (for Tribe); and, I D istrict are proceeding .careers have been exemplary, forw ard in a jo in t and measured by their significant Whereas the Tribal Coun Whereas P u rsu an t to a c o o p e ra tiv e e f f o r t to contributions to the adminis Tribal Referendum approved cil believes that the creation c o n s tr u c t a new K -8 tratio n o f justice, th e ad o n Ju ly 10, 2012 an d a and submission o f a restora- Museum board Credit board For Judge in Trust case K-8 School funding K-8 school lease L 1 tiqn and reclamation plan is not appropriate in light o f the purpose o f the Project, the T ribe’s, involvem ent in the construction .of the Project, and the term o f the Lease Agreement; and, Whereas the Tribal Coun cil further believes that im position o f a performance Or completion bond is not appro priate in light o f the purpose o f the Project; and, Whereas the Tribal Coun cil recognizes that to fully ef fectu ate the term s o f the Lease Agreement, it is neces sary for the Tribe to provide a limited waiver o f the Tribe’s sovereign immunity with re spect to the term s o f the Lease Agreement in compli an ce w ith W arm Springs Tribal Code Chapter 30; now, thérefore, Be it resolved by the 25th Tribal Council o f the Con federated Tribes o f the Warm Springs Reservation o f O r egon, pursuant to Article V, Section 1 .(a), (c), (fi, (1)', (n),„ and (u), o f the Tribal Consti tution and By-Laws, that the Tribal Council hereby con sents to, approves and autho rizes the lease o f the Project Site to the School D istrict upon term s and conditions consistent with those set forth in the draft Lease Agreement attached as Exhibit “B”; and, Be it further resolved th at the Tribal Council di rects th e S ecretary -T rea- su rer/C E Q to finalize and ëxecute th e L ease A gree m en t attach ed as E x h ib it “B” u p o n the approval of the P roject on the Project Site by the R M ID T under the IRMP, and to execute a limited waiver o f sovereign im m u n ity fo r th e L ease A g re e m e n t s u b s ta n tia lly similar to the waiver o f sov ereign im m unity contained in th e d raft Lease A gree m en t attach ed as E x h ib it “B”; and, Be it further resolved by the 25th Tribal Council that the Tribal Council hereby (a) waives monetary compensa tion for the Tribe’s ownership interests in the Project Site for the term o f the Lease Agreement; (b) waives peri odic review and readjustment of valuation o f the T ribe’s o w n ersh ip in te re s ts ; (c) waives the obligation to sub m it a restoration and recla mation plan; and (d) waives the right to require a perfor mance bond under 25 C.F.R. § 162.434, because the lease is for educational purposes and because the Tribal Coun cil believes that such waivers are in the Tribe’s best inter ests in o rd e r to c o n tro l Project expenses; and further requests that the BIA waive th e sam e. (Resolution N o. 11,730.) Fishing regulations W hereas the Treaty with T h e T ribes and B ands o f Middle Oregon on June 25, 1855 reserved to the Confed erated Tribes o f the Warm Springs Reservation o f O r egon the exclusive right to fish all waters on or bordering the Reservation; and, W h ereas th e Fisti and Wildlife Comm ittee has re viewed and proposed to the Tribal Council the 2013 fishing permits and regula tions for non-tribal mem ber fishing on lakes and streams on and bordering the Reservation; and, W hereas th e T ribal Council has reviewed the p ro p o sed 2013 F ishing Regulations and has deter mined that enactment of such regulations would be in the best interest o f the Tribes, its members, and o f the natural resources of the Warm Springs Res ervation o f Oregon; now, therefore, Be it resolved by the, 25th Tribal Council pursu ant to Article V, Section 1(1) and (u), o f the Con stitution and By-Laws and pursuant to Warm Springs T rib al C ode S ection 340.220 an d S ection 340.225 th a t th e 2013 Fishing Regulations Ex hibit: “A”, are hereby ap proved, adopted and en acted by the Tribal Coun cil o f The Confederated T rib es o f th e W arm Springs R eservation o f O regon. Resolution No. 11,731.) F&W Authority Whereas, through the Treaty with the Tribes o f M iddle O regon on June 25,1855 the Confederated T rib es o f th e W arm S prings R eserv atio n o f Oregon, reserved off res ervation fishing and hunt ing rights at all usual and accustomed stations; and, Whereas the Confed erated Tribes o f the Warm Springs R eserv atio n o f Oregon is a sovereign pos sessing the authority to manage fish and wildlife in the Columbia Basin; and, Whereas the C onfed erated Tribes o f the Warm S prings R eserv atio n o f Oregon has been a ‘mem ber o f the Columbia Ba sin Fish and Wildlife Au thority; and, Whereas the Columbia Basin Fish and Wildlife Au thority has lost many o f its members and will be dis solving; and, Whereas the redirec tio n o f C o n fe d e ra te d Tribes o f W arm Springs fish and wildlife coordina tion funds from CBFWA and CRITFC wholly to the Confederated Tribes is the p ro p e r and b e st use o f these coordination funds; now, therefore, Be it resolved by the (25th) Tribal Council of' the C o nfederated Tribe's o f the Warm Springs Reser vation o f O regon pursu ant to Article V, Section I(a),(d), (1), and (u) o f the Tribal Constitution and By- Laws, that the Confeder ated Tribes o f the Warm Springs R eserv atio n o f Oregon withdraw from the Columbia Basin Fish and Wildlife Authority and au th o riz e th e B o n n ev ille Power A dm inistration to d irect the co o rd in atio n funds from project 1989- 062-01 to the C onfeder ated T rib es o f W arm S prings R eserv atio n o f O regon for direct use in Basin wide coordination. (Resolution N o 11,732.) I 4 J
