Spilyay Tymoo, Warm Springs, Oregon
June 25, 2014
Page 11
Resolutions of Tribal Council
Museum grant
Whereas the preserva-
tion and perpetuation of the
history of the Confederated
Tribes is of central impor-
tance to the Tribes; and,
Whereas the Confeder-
ated Tribes originally char-
tered the Middle Oregon
Indian Historical Society in
1974 by Resolution No.
4084 to plan for and de-
velop a Tribal museum and
oversee the collection of
Tribal artifacts; and,
Whereas that Charter
was subsequently amended
by Resolution No. 4422 in
1974 and Resolution No.
7741 in 1987; and The Char-
ter for The Museum At
Warm Springs, a subordinate
organization of the Confed-
erated Tribes of the Warm
Springs Reservation of Or-
egon, was adopted on June
30, 1992, and The Museum
At Warm Springs began op-
erations in March, 1993; and,
Whereas the Tribal
Council contributes signifi-
cant annual support for The
Museum’s General Opera-
tions; and The Museum
earns additional General
Operations revenue through
admissions, memberships,
donations, fund raising
events and supports exhibi-
tions and educational pro-
grams through grant awards
and sponsorships; and,
Whereas the Museum
has been open to the public
for 21 years and its mechani-
cal systems are requiring con-
siderable resources for re-
pairs in order to continue to
maintain the heating, cooling,
and humidity levels necessary
to preserve The Museum’s
material and archival Collec-
tions; and,
Whereas the original
Shitike Creek water supply
system for the HVAC system
is no longer a viable water
source and The Museum has
been forced to use munici-
pal water to operate the
HVAC system; and the ex-
cessive water use is placing
a burden on Tribal resources;
and,
Whereas improvements
to the mechanical systems
and solution of the water is-
sue will relieve a significant
strain on Tribal resources
and advance the Museum At
Warm Springs Master Plan
to prepare for the future;
now, therefore,
Be it resolved by the
Twenty-Sixth Tribal Council
of the Confederated Tribes
of the Warm Springs Reser-
vation of Oregon pursuant
to the Tribal Constitution
and By-Laws, Article V, Sec-
tion 1 (1) and (o) declares
that The Museum At Warm
Springs Master Plan to pre-
pare for the future is a pri-
ority and hereby approves
the preparation and submis-
sion of a grant application,
by The Museum to the Spirit
Mountain Community Fund
Tribal Grant Program. (Reso-
lution no. 11,859)
the biological child of a mem-
ber of an Indian tribe”; and,
Whereas the Tribal Coun-
cil is aware that some state
courts have questioned
whether children who are not
eligible for automatic enroll-
ment under Article III, Sec-
tion 2, of the Tribal Consti-
tution and By-Laws, and
Warm Springs Tribal Code
(WSTC) 120.300, but who are
eligible for enrollment by
adoption under Article III,
Section 3, of the Tribal Con-
stitution and WSTC 120.800,
are “eligible for membership”
in the Tribe under ICWA if
they don’t currently meet all
of the requirements for adop-
tion; and,
Whereas the Tribe has the
exclusive authority to deter-
mine who is eligible for mem-
bership in the Tribe, and the
Tribal Council views children
who meet the blood quantum
and descendent requirements
for enrollment by adoption as
eligible for enrollment under
ICWA because the child may
one day become a member
of the Tribe if the child
meets the other requirements
for enrollment by adoption;
and,
Whereas the Tribal Coun-
cil believes it is necessary to
add a provision to the Warm
Springs Tribal Code to make
it clear that the Tribe views
these children as eligible for
enrollment under ICWA;
now, therefore,
Be it resolved by the
Twenty-Sixth Tribal Council
of the Confederated Tribes
of the Warm Springs Reser-
vation of Oregon, pursuant
to Article III and Article V,
Section 1(l) and (u), of the
Tribal Constitution and By-
Laws, that the Tribal Council
hereby amends WSTC
360.500 as follows (amend-
ment represented by addi-
tional underlined text):
Applicability of Indian
Child Welfare Act. The pro-
visions of the Indian Child
Welfare Act, 25 U.S.C. §
1901, et seq., apply to certain
state court child custody pro-
ceedings involving juveniles
who are enrolled or eligible
for enrollment in the Warm
Springs Tribes. A juvenile
who has the blood quantum
necessary for automatic enroll-
ment or enrollment by adop-
tion under Article III of the
War m Springs Constitution
(as amended) and who has a
biological parent who is en-
rolled in the Warm Springs
Tribes is eligible for enrollment
for the pur poses of the appli-
cation of the Indian Child
Welfare Act. Under the juris-
dictional provisions of the
Indian Child Welfare Act, 25
U.S.C. § 1911, the War m
Springs Tribes may intervene
in or seek to transfer juris-
diction of applicable state
court child custody proceed-
ings; and,
Be it further resolved by
the Tribal Council that the
amendment to WSTC
360.500 set forth above are
effective immediately. (Reso-
lution no. 11,866)
ICWA
Whereas the Indian Child
Welfare Act (ICWA), 25
U.S.C. § 1903(4), defines an
“Indian child” as “any un-
married person who is under
age eighteen and is either (a)
a member of an Indian tribe
or (b) is eligible for member-
ship in an Indian tribe and is
Sex offender
registration
Whereas, Per Resolution
No. 10,774, the Tribe elected
to participate as a sex of-
fender registration jurisdic-
tion under Title I of the
Adam Walsh Child Protection
and Safety Act of 2006
(“Adam Walsh Act”), which
requires registration jurisdic-
tions to create and implement
a sex offender registration
and notification program that
meets the requirements con-
tained in Title I of the Adam
Walsh Act; and,
Whereas, As part of the
Tribe’s effort to create and
implement a sex offender reg-
istration and notification pro-
gram that is compliant with
Title I of the Adam Walsh
Act, the Warm Springs Tribal
Council approved Ordinance
91, codified as Chapter 380
of the Warm Springs Tribal
Code (“WSTC”), on April 1,
2010; and,
Whereas, The Tribal
Council believes that in or-
der to maintain and enhance
the Tribe’s sex offender noti-
fication and registration pro-
gram, and to improve public
safety on the reservation with
respect to certain sex offend-
ers, it is necessary to amend
WSTC Chapter 380 to in-
clude additional provisions
regarding check-in require-
ments for homeless offend-
ers and to include a criminal
offense prohibiting offenders
convicted of a sex offense in-
volving a child under the age
of fourteen (14) from con-
ducting certain activities on
or near places frequented by
minors; now, therefore,
Be it resolved by the
Twenty-Sixth Tribal Council
of the Confederated Tribes
of the Warm Springs Reser-
vation of Oregon, pursuant
to Article V, Section 1(i), (l),
and (u), of the Tribal Consti-
tution and By-Laws, that the
Tribal Council hereby amends
WSTC Chapter 380 to in-
clude the following criminal
offense regarding violation
of child safety zone restric-
tions:
380.615 - Violation of
Child Safety Zone Restric-
tions. A person is guilty of
an offense subject to penal-
ties in accordance with WSTC
380.600 or WSTC 380.605
if that person was convicted
of a sex offense involving a
child under the age of four-
teen (14) and is subject to the
registration requirements in
this Chapter, and does one or
more of the following:
(1) Loiters or parks a ve-
hicle within 500 feet of a
school, playground, public
swimming pool, skate park,
baseball field, child care fa-
cility, child care provider,
youth center, or any other
location accessible to the pub-
lic that is established or des-
ignated specifically for the use
and enjoyment of minors,
while minors are present, un-
less the person has legal and
physical custody of his or her
children and is dropping off
or picking up his or her chil-
dren from school or a child
care facility or provider or is
attending a school function
with his or her children;
(2) Attends an event
held primarily for minors
where minors are in atten-
dance unless the person has
legal and physical custody of
his or her children and is
attending the event with his
or her children;
(3) Has contact with a
child care facility or provider
during its hours of operation
unless the person has legal
and physical custody of his
or her children and is drop-
ping off or picking up his or
her children from the facility
or provider; or
(4) After May 24, 2014,
establishes and maintains a
residence within 500 feet of
a school, playground, public
swimming pool, skate park,
baseball field, child care fa-
cility, child care provider,
youth center, or any other
location accessible to the pub-
lic that is established or des-
ignated specifically for the use
and enjoyment of minors and
is commonly used by minors;
and,
Be it further resolved by
the Tribal Council that the
Tribal Council hereby amends
WSTC 380.010 to include the
following definition of
“homeless” as subsection (8),
and to renumber the existing
subsections accordingly:
(8) “Homeless” means
lacking a fixed, regular, and
adequate nighttime residence;
living in a publicly or privately
operated shelter designated to
provide temporary living ar-
rangements; or having a pri-
mary nighttime residence that
is a public or private place not
designed for or ordinarily
used as a regular sleeping ac-
commodation for human be-
ings, including, but not lim-
ited to, a car, park, abandoned
building, bus or train station,
airport, or camping ground;
and,
Be it further resolved by
the Tribal Council that the
Tribal Council hereby amends
WSTC 380.315(1) as follows
(addition in bold):
(1) Jurisdiction of Resi-
dency. All sex offenders re-
quired to register with the
Tribe must immediately ap-
pear in person before the
Tribal Registry Administrator
to update any change to their
name, residence (including
termination of residency),
employment, or school atten-
dance. All sex offenders re-
quired to register with the
Tribe shall immediately in-
form the Tribal Registry Ad-
ministrator via phone or in-
person appearance of any
changes to their temporary
lodging information (when a
Tier 3 Sex Offender will be
absent from his or her resi-
dence for 24 hours or more,
or when a Tier 1 Sex Of-
fender or Tier 2 Sex Of-
fender will be absent from his
or her residence for 7 days
or more), international travel
plans, vehicle information,
email addresses, telephone
numbers, Instant Messaging
addresses, and any other des-
ignation used in Internet com-
munications, postings, or tele-
phone communications. In
the event of a change in tem-
porary lodging, the sex of-
fender and the Tribal Regis-
try Administrator shall imme-
diately notify the jurisdiction
in which the sex offender will
be temporarily staying. A sex
offender who becomes
homeless and is required to
register with the Tribe under
this Chapter must appear in
person before the Tribal Reg-
istry Administrator every
thirty (30) days for the dura-
tion of the sex offender’s
homelessness; and,
Be it further resolved by
the Tribal Council that amend-
ments to WSTC Chapter 380
set forth herein shall be ef-
fective on May 24, 2014.
(Resolution no. 11,858)
Tax matter
Whereas the Confeder-
ated Tribes of the Warm
Springs Reservation of Or-
egon (“Tribe” or “CTWS”) is
a federally recognized tribe;
and,
Whereas the Tribe is the
sovereign authority on the
Warm Springs Reservation
and CTWS trust lands and
participates in or directly pro-
vides all governmental ser-
vices on the Warm Springs
Reservation and on CTWS
trust lands; and,
Whereas on November
26, 2012, pursuant to Tribal
Council Resolution 11,692,
the Tribal Council re-activated
the Tribal Tax Commission
authorized by WSTC Section
700.100; and,
Whereas the Tax Com-
mission was directed to pur-
sue certain tax agreements
with the State of Oregon;
and,
Whereas, On July 30,
2013, the United States Ninth
Circuit Court issued a deci-
sion in Confederated Tribes of
the Chehalis Reser vation v.
Thurston County Board of
Equalization (Chehalis case)
that clarified that federal law
at 25 USC section 465 ex-
pressly preempts state and
local taxes on permanent im-
provements located on tribal
lands held in trust by the
United States, regardless of
ownership of the permanent
improvements; and,
Whereas the Chehalis case
is a final decision and is con-
trolling law in the State of Or-
egon, however the Oregon
Department of Revenue has
failed to issue clarifying guid-
ance regarding implementa-
tion of the Chehalis ruling,
thus continuing the uncer-
tainty regarding tax liability
for potential investors in In-
dian country; and,
Whereas the Tribe is pur-
suing certain economic devel-
opment activities, including
but not limited to, economic
development activities asso-
ciated with the Federal Avia-
tion Administration’s (FAA)
selection of test sites for un-
manned aircraft system
(UAS) research, including the
Warm Springs Reservation as
a test range within the Pan
Pacific UAS Test Range Com-
plex; and,
Whereas Tribal economic
development activities are
necessary to provide govern-
mental revenues critical for
advancing and sustaining the
welfare of the CTWS mem-
bership and Warm Springs
Reservation; and,
Whereas in the next three
years the Warm Springs UAS
test site has the potential to
create up to 70 direct jobs
and up to $19 million in new
economic impact for the re-
gion and to support up to 450
new jobs and $95 million in
new economic impact state-
wide; and,
Whereas, uncertainty as
to state and local tax treat-
ment of outside investment
will discourage investment in
the Warm Springs UAS test
site which is the focal point
for the region’s economic de-
velopment efforts in this
area; and,
Whereas, in light of the
FAA program’s timeline, the
effectiveness of the Warm
Springs UAS test site to at-
tract new industry investment
onto the Reservation and in
the region is time-sensitive;
and,
Whereas it is critical that
the taxing authority of the
state on the Reservation be
clarified as soon as possible
to timely attract high value
investment onto the Reserva-
tion and by extension in the
region; and,
Whereas the Tribe sup-
ports state legislative and ad-
ministrative efforts to imple-
ment the Chehalis case ruling
and supports other shorter
and longer term efforts to
address tax uncertainty in In-
dian country; now, therefore,
Be it resolved by the
Twenty-Sixth Tribal Council
of the Confederated Tribes
of the Warm Springs Reser-
vation of Oregon, pursuant
to Article V, Section 1(a), (l)
and (u) of the Tribal Consti-
tution and By-Laws, that the
Tribal Council hereby sup-
ports state and tribal legisla-
tive and regulatory efforts to
implement the Chehalis case
ruling and directs the Tribal
Tax Commission to form a
working group (“Working
Group”) to coordinate with
the Tax Commission and
Tribal Council to:
1. Support state and tribal
legislative and regulatory ef-
forts to implement the Chehalis
case ruling; and,
2. Pursue other state and
local efforts to create near-
term clarity on taxing author-
ity on Tribal lands in order to
advance critical Tribal eco-
nomic development and pub-
lic service goals and needs;
and,
3. Develop a CTWS prop-
erty tax code recommenda-
tion for the Tribal Council;
and,
Be it further resolved by
the Tribal Council that the Tax
Commission and Working
Group provide periodic up-
dates to the Tribal Council re-
garding progress in address-
ing these tax and taxation ini-
tiatives. (Resolution no. 11,867.)
Beads, Native American Gifts, Museum,
Deli, Grocery, Ice, Fishing Permits,
Western Union, Check-Free Bill Pay,
ATM and Much More!
2132 Warm Springs St., Warm
Springs - ph. 541-553-1597