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
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