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.
(Resolution no. 11,812.)
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W arm Springs, OR 97761
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