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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (Dec. 24, 2013)
Spílygy T ym oo, W ^rm Springs, O regon December 24-, 2013 Pqge 7 Resolutions of Tribal Council Property lease ap p ro x im ately 446 T ribal M em b ers an d allo cate $15,000 administration fee to support operational costs o f the VSF Coordinator admin istering the funds, for the cal endar year 2014; and, Whereas th e re c o m mended approximate expen diture o f $1,620,600 from the fund is not consistent with the long term objectives o f the fund and is projected to be fully ex p en d ed d u rin g 2015 if new revenue is not generated to sustain the pro gram; now, therefore Be it resolved by th e Twenty-Sixth Tribal Council o f the Confederated Tribes o f the Warm Springs Reser vation o f Oregon, pursuant to Article V, Section 1 (f) of the Constitution and By-Laws as amended, that an amount n ot to exceed $1,620,600 is hereby authorized for expen diture from the Senior Dis tribution Fund for calendar year 2014. (Resolution no. Whereas the C onfeder ated T ribes o f th e W arm Springs Reservation o f ‘O r egon (“Tribe”) is a' federally recognized Indian tribe with land off reservation available for lease; and Whereas the Tribes desire to enter into a lease agreement w ith M ark an d C athy Ferguson^ husband and wife, through the adoption o f the attached lease agreement for a five year term, and Whereas the management o f the Schoen-Hagen prop erty for five year period on the latids is described as; Schoen-Hagen range and agriculture lands located in township 10 South, Range 12 and 13 East, Sections 1 & 12, W illam ette M eridian, Je ffe rso n C ounty, O reg o n containing 310 acres more or less; now, therefore, Be it resolved by th e 11,813.) Twenty-Sixth Tribal Council o f the Confederated Tribes o f the Warm Springs Reser vation o f O regon, pursuant to Article V and V III o f the Whereas the Tribal Coun Tribal C onstitution and By- Laws, that the Tribal Council cil has carefully examined the hereby directs and authorizes needs and financial require the Secretary Treasurer/CEO m ents o f the calendar year to develop and execute a ending D ecember 31, 2014; L ease A g reem en t fo r th e and, Schoen-H agen Farm P rop Whereas the Tribal Coun erty; and ’ cil feels that it is in the best Be it further resolved, the interest o f the enrollees that Tribal Council hereby autho the distribution be paid out rizes and directs the Secre- at a rate o f $25 per m onth to tary-Treasurer/CEO office to each enrollee beginning Janu m onitor the compliance o f ary 25,2014 through Decem the lease agreement for the ber -15, 2014; and, management o f the premises. Whereas, because many (Resolution no. 11,810.),^, enrollees are indebted to the Tribes, it is the feeling o f the T ribal C ouncil th a t trib al creditors discuss the account with the borrowers so that all loan agreements, both dor mant and active, are current; now, therefore, Whereas the Tribal Coun Be it resolved by th e cil has established the Warm Twenty-Sixth Tribal Council Springs Senior D istribution o f the Confederated Tribes Fund for the purpose o f pro o f the Warm Springs Reser viding paym ents to T ribal vation o f Oregon, in accor Members who have attained dance w ith auth o rity co n tained in Article V, Section 1 the age o f 60; and, Whereas it is the stated (t), as amended, o f the Tribal policy o f the Tribal Council C o n stitu tio n an d By-Laws that the fund be managed with and Section 8 o f the Corpo the objective o f being self- rate Charter, that per capita sustaining, however has failed distributions are authorized to-do so in previous years due for the, calendar year 2014 at distributions being in excess $25 per m onth for each eli gible m em ber o f the Tribe, o f earnings; and, Whereas the Tribal Coun subject to the following con cil has reviewed the Senior ditions: 1. Per Capita payments are Distribution Fund and the es timated amounts needed to to be made to all persons ap provide for distribution pay pearing on the official Tribal roll as o f January 1, 2014, ments in the future; and, Whereas th e re c o m and persons who are subse mended benefit payments for quently enrolled.. 2. All persons appearing calendar year 2014 be $300 p e r m o n th to all sen io rs on the official Tribal rolls as o f January 1, 2014 shall be reaching the age -60, and, Whereas the approximate entitled to per capita payments am ount o f $1,605,600 is rec at a rate o f $25 per m onth om m ended for expenditure beginning January 25, 2014 for the purpose o f providing and ending D ecem b er 15, such pension paym ents to 2014. Per capita Senior pension 3. All perso n s enrolled January 1, 2014 shall be en titled to receive per capita payments at a'rate o f $25 per m onth from the date o f en rollment through December 10, 2014 and further, all en rollees, living as o f 12:00 mid night on the 10th day o f the m onth shall be entitled to re ceived that month’s per capita, and upon the person’s death, it will be credited to h is/her estate. Payments shall be pro cessed according to Attach m ent “A”, Per Capita Sched ule for 2014. 4. Enrollees who die dur ing the year shall receive no further payments after death and h is/h er estate shall not be en titled to fu rth er p er capita paym ents except as provided in Sectioti 3. 5. Prior to the payment, the Warm Springs Credit E n terprise shall examine all loan accounts and discuss the de linquent loan with the borrow ers who owe the Tribes to de term in e the am o u n t to be collected and applied on in debtedness owing the Tribes. Indebtedness such as loans, accounts receivable including duplicate per capita payments, rent, court fines may be with held if enrollees have signed an au th o rizatio n fo r such withholding, or if the Secre- tary-Treasurer/C EO has is sued a “Notice o f Duplicate Paym ent” o r if th e Tribal Court has issued a Court O r der, 6. I f the BIA Superinten dent for the Warm Springs Agency determines that it is in the best-interest o f a mem ber beneficiary recipient, the Per Capita payment for any o f the following: a minor; ati emancipated minor; an adult in n eed o f assistance) an adult under a legal disability; an individual determined by a court o f com petent juris diction to be non-com pos mentis; a welfare recipient or the recipient o f Tribal Court- ordered child support, shall be deposited in a Supervised Individual Indian Money Ac count for restricted expendi ture in accordance with BlA regulations. 7. To provide for deposits into the Minors Trust Fund Smoke free (“T ru st”) fo r all m em bers who have not reached the age o f twenty-one (21) years (“eli7 Whereas th e T rib al gible m em b ers”), $300 o f Council, pursuant to Article such eligible m em ber’s Per V, Section 1(1) o f the Tribal Capita payments shall be de C onstitution and By Laws posited annually in die Trust that it is responsible for pro at the United States National tecting the health, security B ank (“B an k ”). E lig ib le and general welfare o f the m em bers shall accrue ad members o f the Confeder vance deposits o f $25. per' ate Tribes, and, pursuant to m o n th , cred ited from the th a t au thority, previously date o f enrollment, to be de passed Resolution No. 8007 posited in their individual ac on April 24, 1990 (attached counts at the bank semi-an as Exhibit A), to become a nually, in January and July, in Smoke-Free Work Environ two paym ents o f $150. I f ment; and, Whereas th e T rib al an eligible mem ber who has accrued such deposits in ad Council continues to support vance o f th e sem i-annual its Smoke-Free Work Envi transfer to h is/her Trust.ac- ro n m e n t re s o lu tio n and co u n t dies b efo re h is /h e r policy, and wishes to amend, Trust deposit is actually de .clarify and expand its exist posited at the Bank, the Con ing R esolution 8007 along federated Tribes shall be re with its personnel policy on imbursed the amount o f such this matter; now, therefore, Be it resolved by th e accrualafter the death o f said m em ber n o t to exceed the sum o f $150. 8. With exception o f the collections o f indebtedness o f the enrollee ow ing the Tribes, and subject to formal legal determinations related to conditions 5,6,7, herein, all per capita shall be paid directly to each eligible enrollee and shall not be subject to any assignment, levy or attach ment; and, Twenty-Sixth Tribal Council o f the Confederated Tribes o f the Warm Springs Reser vation o f Oregon, pursuant to Article V Section 1, Sub- sectionj (1) and (u) o f the Tribal C onstitution and By Laws that (a) there shall be no smoking within 25 feet of all entrances, exits, windows and air intake vents o f any Tribal buildings; and (b) that the revised version o f PER- 603 (Smoke-Free Work E n vironment), attached as Ex hibit B, is hereby adopted and incorporated into the existing P erso n n el Policy M anual; and, Be it further resolved that nothing about this Reso lution, Resolution No. 8007, or PER-603 shall apply to the Tribal gaming facility known as Indian Head Casino. (Reso lution no. 11,808.) H ig h TO Lookee L o d s 'e Be it further resolved th a t the am ount of $1,585,386 is hereby appro priated for the purpose o f per capita payments in accor dance with the authority con tained in Article V, Section 1 (t) as amended; and, Be it further resolved that the Secretary o f the Interior or h is/h er authorized repre sentative is hereby requested to approve the per capita dis tribution plan outlined above on January 1, 2014; and, Be it further resolved that the Secretary-Treasurer/ CEO is hereby authorized to proceed with the schedule o f per capita payments plan af ter its approval by the autho rized office in accordance with authority contained in A rticle V, Section 1 (t), as amended, o f the Constitution and By-Laws and Section 8 o f the C orporate Charter. 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