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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (Oct. 30, 2013)
Spilyay Tym oo, W arm Springs, O regon Page 8 Voc Rehab program offers employment help The W arm Springs Vocational, Rehabilitation program has been helping tribal members for twenty years. The program offers vocational counseling, guidance and training; diagnostic examinations and proce dures; assistive devices such as arti ficial limbs and wheel chairs; and tools, equipment and licenses. Voc Rehab can provide transpor tation to clients, job direction, and help w ith resumes, am ong many other services. T h ese services becom e even more im portant during difficult eco nomic times. The goal o f Voc Re hab is to improve employment o f tribal members with disabilities. If you think you have a qualify ing disability, and would like to see if Voc Rehab can assist you, please call or come by the office. The phone number is 541-553- 4952, or 553-3415. T he program o ffice is lo c a te d at 4217 “A” Holliday Street, in thè industrial park area. These are examples o f disabilities that qualify an individual for service: Amputation, blindness, hearing problems, learning disability, ortho pedic problems, seizure disorders, spinal cord or head injury, alcohol or drug issues, or any other physi cal or mental condition that limits one’s ability to work. A n ap plicant should w ritten documentation o f the physical or mental condition, and m ust experi enced a problem in obtaining, main taining or advancing in employ ment, caused by the disability. Ap plicants m ust be members o f a fed erally recognized tribe, and must reside on the Warm Springs Reser vation. For those who qualify, Voc Re hab invites you to stop by or call for more information. O cto b er 30, 2013 Spooky Nite Out Yvonne Iverson/Spilyay Halloween costumes on display at the Community Center during Spooky Indian Nite Out. 9 Tribal Council resolutions Wind farm Whereas the C o n fe d e ra te d Tribes o f the Warm Springs Reser vation o f O regon (“Tribe”) desires to enter into a business relationship with Enerfin Energy Company, Inc. (“Enerfin”) in which the Tribe may allow Enerfin to develop and oper ate a wind farm energy project (the “P roject”) on the W arm Springs R eservation (the “R eservation”); and Whereas the Tribe and Enerfin have agreed to proceed with a fea sibility investigation for purposes o f determ ining the viability o f the Project to the mutual satisfaction o f the Tribe and Enerfin; and Whereas the Tribe and Enerfin desire to enter into the Letter o f Intent, in substantially similar form as attached Exhibit A (the “L O I”), in order to proceed with the feasi bility investigation for the Project; and Whereas the Tribe desires to grant Enerfin access to the Reser vation for purposes o f conducting the feasibility investigation on the terms and conditions as set forth in the LOI; now, therefore, Be it resolved by the Twenty- Sixth Tribal Council o f the Confed erated Tribes o f the Warm Springs Reservation o f O regon, pursuant to Article B, Section 1 (1), o f the Tribal Constitution and By-Laws, that the Tribal Council approves the L O I and au th o rizes th e T ribal Council Chairman or his designee to execute the LOI; and, Be it further resolved by the Tribal Council, that the Secretary- T reasu rer/C E O is authorized to grant Enerfin access to the Reser vation for the purposes set forth in the LOI. (Resolution no. 11,800) funds to construct a new building; now, therefore; Be it resolved by the Twenty- Sixth Tribal Council o f the Confed erated Tribes o f the Warm Springs Reservation o f O regon, pursuant to Articles V and V III o f the Tribal Constitution and By-Laws o f the Confederated Tribes o f the Warm Springs Reservation o f O regon, that the Children’s Protective Ser vices be G ranted a fifty (50) year lease in the Agency area on tribal land described herein; and, Be it further resolved that Ron Hager, CPS Director, be authorized to sign the lease on behalf o f the Children’s Protective Services; and, Be it further resolved that the lesser, th e C o n fed erated T ribes upon approval o f the lease, waives any charge for the original term o f the lease; and, Be it further resolved that the C onfederated Tribes reserves the right to grant rights-of-way over,1 under and across the lease premises, such as provision to be written into and made a part o f the lease terms; and, Be it further resolved that ex cept as otherwise provided for in the lease agreement, that Confed erated Tribes reserves the right to cancel the lease upon thirty (30) days written notice to lessee, in the event that the lease premises is needed for Tribal community development or land exchange purpose, or for such other substantive reason cancella tion may be deemed necessary by the Tribes, such a provision to be written into and made a part o f the lease terms; and, Be it further resolved that the C hairm an o r V ice-Chairman and S e c re ta ry -T re a s u re r/C E O are hereby authorized to execute the necessary docum ents for and on behalf o f the Confederated Tribes. (Resolution no. 11,801) CPS building and Whereas the Tribe is willing to grant a lease agreement in substan tially similar fo rm to E x h ib it C (“Lease”) for the construction and operation o f thé system; and Whereas a waiver o f sovereign immunity is a necessary inducement for PG PV to enter into the contem plated transactions; now, therefore, Be it resolved by the Twenty- Sixth Tribal Council o f the Confed erated Tribes o f the Warm Springs Reservation o f O regon, pursuant to Article B, Section (1) (1) o f the Tribal Constitution and By-Laws, that the Tribal Council approves the Agreement and the Lease and au thorizes the Tribal Council Chair man, Vice Chair, or Secretary-Trea- surer/C E O to execute the Agree m ent and lease in substantially simi lar form as attached Exhibit B and Exhibit C; and Be it further resolved by the Tribal Council that the Secretary- T reasu rer/C E O is authorized to ex ecu te fu rth e r ag reem en ts o r documents reasonably necessary for the financing, construction, and op eration o f the System at the Site; and Be it further resolved by the Tribal Council that the Tribal Coun cil grants a waiver o f the Tribe’s sovereign immunity for the limited purposes o f the Agreement as au th o rized by W STC C h ap ter 30. decking an inventory o f logs dur ing the remainder o f 2013 will al low for a more orderly and expedi tious resumption o f full operations in 2014; and, Whereas C hapter 615 o f the Warm Springs Tribal Code is the Second Restated Plan o f Operations fo r W S F P I, an d it d ire c ts th e WSFPI CEO with respect to mill operations, including the directive to reduce the du ration o f sh u t downs, to provide for an expedi tious resumption o f processing, and to seek to maintain employment as set forth at Article II, Section L o f the Plan o f Operations; and, Whereas the Operations Agree m en t o f Ju n e 9, 2009 betw een W SFPI and V anport requires the W SFPI C E O and Mill M anager Vanport to operate the mill in ac cordance with the Plan o f O pera tions including Article II, Section L referenced above; and, Whereas the Tribal Council is advised that in order to secure this inventory it is necessary to harvest logs in excess o f the 2013 AAC, and therefore, advance the harvest o f tim ber planned to be part o f the 2014 AAC cut; and, Whereas the Tribal Council de sires to develop a log inventory that will reduce the duration o f any mill shut-down while staying within the annual allowable cut volume o f 38" m m b f ap proved by R esolutions 11.532 and 11,533 for b oth 2013 and 2014; and, Whereas WSFPI purchases tim ber from the Tribe by formal con tractual agreements. (See Section 5.a. o f the Tim ber Allocation and Sales Agreement adopted by Reso lution 11,533). In order to operate the mill consistent with its Plan o f Operations while also acting consis tently with the Resolutions 11,532 setting the allowable cut volume and 11.533 approving the Tim ber Allo cation and Sales Agreement, specific additional terms for the formal con tractual agreements are required for W SFPI purchase o f tim ber from the Tribe; now therefore, Be it resolved by the Twenty- Sixth Tribal Council o f the Confed erated Tribes o f the Warm Springs Reservation o f O regon, pursuant to Article V, Section 1 (1), o f the Tribal Constitution and By-Laws, that any and all formal contractual agreements under Section 5.e. o f the T im ber A llocation and Sales Agreement for WSFPI harvest and purchase o f Tribal timber harvested in 2013 to be charged to the 2014 AAC includes the following special terms: 1. All' logs will be scaled as set out in the Tim ber Allocation and Sales Agreement. 2. All such logs will be decked separately from logs harvested as part o f the 2013 AAC at thè mill yard. 3. Title to the logs will not pass from the Tribe to WSFPI until Janu ary 15th, 2014. 4. Unless otherwise agreed by the Tribe, these logs are not available for sale by WSFPI to any entity (it has no tide) and those logs are not available for processing or sale by WSFPI until tide passes on January 15th, 2014. 5. Log prices for the decked in ventory shall be established as set forth in the Timber Allocation and sales Agreement for the first quar ter o f calendar year 2014. Be it further resovled, the W SFPI’s assent tò the five special term s set forth above is formally provided by its CEO signature ac knowledging the, “A greem ent to Special Terms for the Purchase of Tribal Tim ber H arvested in 2013 Charged to the 2014 AAC,” and; Be it further resolved th a t W S F P I shall c o o rd in a te w ith Vanport as required by the Opera tions Agreement, Section 3.2(c), to plan for decking the logs as set for the herein. (Resolution no. 11,797) (Resolution no. 11,799) Whereas application has been m ade by R on H ager, C hildren’s Protective Services (CPS) Director, for a lease situated on Tribal land described as: In the Agency area, located at the N W 1 /4 S E 1/4N W 1/4N W 1 /4 o f Section 35, Township 9 South, Range 12 East, Willamette Merid ian, Jefferson County, Oregon, con taining 2.5 acres m ore or less, map attached as Exhibit “A,” metes and bounds survey, to be attached at a later date as Exhibit “B;” and, Whereas the Children’s Protec tive Services has allocated sufficient have identified a site, (“Site”) set forth in Exhibit A, on the Reserva tion for location o f the System; and Whereas the Tribe is willing to allow PG PV to maintain, construct, and operate the System on the Site and to participate in the incentive program; and Whereas the Tribe w ould re ceive an income stream during the term o f a Solar Photovoltaic H ost ing Agreement, attached as Exhibit B, (“Agreement”), receive ownership o f the System upon termination o f the Agreement, and would build ex pertise in solar photovoltaic systems; Solar project Whereas PG PV LLC (“PG PV ”) is a developer and operator o f so lar photovoltaic systems; Whereas PG PV desires to con struct, maintain, and operate a so lar photovoltaic energy system (“Sys tem”) with an installed capacity o f n o t m o re th a n 300 kiloW atts (“kWs”) on the Reservation under an incentive program run by Pacific Power w ho is the Tribe’s electric service provider; and Whereas PG PV and the Tribe WSFPI mill Whereas the Tribal Council is advised by W SFPI personnel and staff o n the Branch o f Natural Re sources that there is a high probabil ity o f a tem porary mill shut-down in 2013 that will extend into 2014; and, Whereas the Tribal Council is further advised that harvesting and Open Wednesday thru Saturday 10 a.m. to 6 p.m. Ph. 541 -553-1041 At Warm Springs St. & Hollywood Blvd.
