Image provided by: University of Oregon Libraries; Eugene, OR
About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (April 29, 2015)
Spilygy Tymoo, Warm Springs, Oregon A pril 29, 2015 Pgge 9 Resolutions of Tribal Council Carbon project Whereas th e C o n fe d e ra te d Tribes o f the Warm Springs Reser vation o f Oregon is a federally rec ognized Indian tribe; and, Whereas the Tribe has formed a num ber o f business enterprises whih are wholly owned by the Tribe, including the Warm Springs E co nomic D evelopm ent C orporation d.b.a ventures (“Ventures”), Warm Springs Geovisions (“Geovisions”) and Eagle Tech Enterprises (‘‘Eagle Tech”); and, Whereas by passage o f Tribal Council Resolution No. 11,289 the B usiness In v estm en t R evolving Fund “BIRF” Committee was cre ated with ton e o f its objectives be ing to provide a means for assis tance with the development o f busi ness opportunities by Tribal business enterprises on the Warm Springs Reservation; and, Whereas Ventures has proposed three projects to the BIRF Com m itte e fo r a to ta l fu n d in g o f $656,000, including: a) Carbon Se questration Project in the am ount o f $350,000 to G eo v isio n s; b) Tribal E m ploym ent Rights O rdi nance program in the am ount o f $100,000 to Ventures; and c) Warm Springs UAV Test Range project in the am ount o f $206,000 to Eagle Tech (collectively “Programs”); and, Whereas the Tribal Council has supported these Projects over the past three years, including passage o f the following resolutions; and, 1. O n January 22, 2014, th e Tribal Council approved Resolution 11,840 authorizing the Carbon Se questration Program Phase I devel o p m e n t B IR F fu n d in g in th e am ount o f $175,000; and, 2. O n July 30, 2014, the Tribal C o u n cil ap p ro v e d R e so lu tio n 11,907 approving Carbon Seques tration Project Phase 2 development and authorizing use o f previously BIRF allocated funds for Phase 2 development; and, 3. O n February 24, 2015, the Tribal Council approved Resolution 11,979 by unanimous decision which approved the proposed Carbon Se q u estratio n P ro ject, au th o rized project listing, and delegated project management to Geovisions, among other actions; and, 4. O n February 24, 2015, the Tribal Council approved by unani m ous decision Ordinance 96, the Tribal E m ploym ent Rights O rdi nance (“T E R O ”); and, 5. The Tribal Council approved Resolution 11,454 which supports the creation o f a UAV Test Range bn the reservation and directs the Secretary/Tresurer/C EO and Ex ecutive Director o f WSEDC (Ven tures) to advance the creation o f the UAV Test Range; and, Whereas the funding request is based on the following: 1. Full completion o f the Car bon Sequestration Program requires an additional $350,000 for all imple mentation efforts, including project listing, outside verification and com mercialization charges among oth ers, with the expected project listing and commercialization date in early 2016; 2. Immediate implementation the TER O Code and development o f the T ER O program operations re quires funding in the am ount o f $100,000 for first year start-up op erations; and, 3. The UAV Test Range is now open for business and there is an immediate need to provide first year operational funding support from the BIRF o f $206,000 for the UAV Test Range operations to conduct the first test flights during the spring o f 2015; and, Whereas the BIRF committee has m et on M arch 13, 2015 and reviewed the requests for funding for the Programs, under the terms and conditions recommended by the BIRF committee and believes the $656,000 request meets the objec tives o f this fund and hereby rec ommends that the Tribal Council approve said expenditure; Whereas the Tribal Council sup ports the ongoing implementation o f the Programs and believes the following funding and actions are in the best interests o f 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 (f) and (1) o f the Tribal Constitution and By-LawS, that the Tribal Council hereby: L Authorizes the Secretary-Trea surer to provide funding in the amount o f $350,000 to Geovisions fo r th e C arb o n S e q u e stra tio n Project from the BIRF fund in ac cordance with terms and conditions agreed to by the BIRF Committee and directs that as provided in the funding terms and Conditions any interest and earnings on such fund ing shall be reinvested in the BIRF fund; and, 2. Delegates to Ventures initial implementation and administration o f the TER O including T ER O Pro gram operations until Such time as Ventures recommends independent administration o f the office; and, 3. Authorizes the Secretary-Trea surer to provide funding in the amount o f $100,000 to Ventures for the TERO implementation from the B IR F fu n d in acco rd an ce w ith terms and conditions agreed to by the BIRF Com m ittee and directs th at as p rovided in the funding terms and conditions any interest and earnings on such funding shall be reinvested in the BIRF fund. (Resolution no. 11,992.) WSFPI Whereas th e C o n fe d e ra te d Tribes o f Warm Springs Reserva tion o f O regon (“Tribe”) is a fed erally recognized Indian Tribe; and the Tribal Council is a duly elected body o f the Tribe w ho exercises governmental and corporate pow ers in accordance with the Tribal Constitution and By-Laws and Cor porate Charter; and, Whereas Warm Springs Forest Products Industries (‘W SFPI”) is a wholly owned business enterprise o f the Tribe, formed in 1966 pur suant to tribal referendum under section 12 o f the Tribe’s Corporate Charter and a Restated Plan o f the Operations approved by the Tribal Council in Resolution 8413(WSTC Chapter 615); and, Whereas the Bureau o f Indian Affairs has issued a Cease and D e sist order requesting stumpage pay ment be made prior to recanting the order; and, Whereas the Tribal council has necessitated the enterprise to for mulate a viable comprehensive plan to stabilize and facilitate the declin ing revenue o f the Tribes trust as sets; and, Whereas the Tribes trust asset programs are replenished through the sale o f timber from the Tribes Trust Assets which are regulated by the Division o f Natural Resources, WSFPI and the Bureau o f Indian Affairs; and, Whereas WSFPI has a financial responsibility o f providing a ben efit to the Tribes’ Senior Pension, Per Capita, and jobs for the com munity members; 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, Section 1 (f),(l) and (u) o f the Tribal Constitution and By-Laws, ‘W S F P I” has made a pay m en t o f $178,729.00 w hich in cluded 4 percent interest on March 31, 2015 towards its stumpage pay ment for the fiscal year 2014; now, therefore, Be it further resolved WSFPI will pay stumpage owed for partial Fiscal Year 2014 in the am ount o f $1,762,074.19 including the inter est o f 4 percent; and, Be it further resolved the total stu m p ag e p ay m en ts of $3,805,076.53 which include 4 per cent interest will be applied towards the stumpage in arrears as outlined in the-attached payment schedule; now, therefore, Be it further resolved that a quarterly review will be done on the cash position o f WSFPI to deter mine if an increased or decreased payment is feasible; now, therefore, Be it further resolved the Tribal Council revisit the Cutting 'Contract to review the Gang o f Three pric ing mechanism; now, therefore, Be it further resolved the Tribal Council by passage o f this resolu tion hereby directs the Bureau o f Indian Affairs Superintendent or his D esignee to rem ove “cease and desist” order. (Resolution 11,991.) Enrollments 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 A rticle III, Section 2 (a) as amended, o f the Tribal Constitution and By-Laws, the following ate en rolled members o f the Confeder ated Tribes o f the Warm Springs Reservation o f Oregon, as o f the date set out below in accordance with Resolution 4301: Caldera, Adriana R o s e ,1 0 /3 1 / 2014 Garcia, Allen Johnson Rhoan, 0 3 /0 4 /2 0 1 5 LeClaire, Arlee WiwnuRose, 0 2 / 27/2015 Mitchell, Rylan Joseph, 0 3 /1 6 / 2015 Scott, Jovani BroncRider, 0 3 / 09/2015 Smith, Louis Spencer, 0 2 /0 5 / 2015 (Resolution 11,990.) 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 A rticle II I, S ection 2 (a) as amended, o f the Tribal Constitution and By-Laws, the following are en rolled mem bers o f the C onfeder ated Tribes o f the Warm Springs Reservation o f Oregon, as o f the date set out below in accordance with Resolution 4301: M artinez, Q uintis K eane, 0 1 / 20/2015 Spino, Jaiyana Avyana, 0 1 /0 7 / 2015. W arner, Juliet Savant, 0 1 /2 9 / 2015 (Resolution no. 11,976.) Coal transport Whereas the Tribal Council for the Confederated Tribes o f Warm Springs Reservation o f O regon has an obligation to protect the water, lands, and natural environments that have sustained our people since time immemorial, and to protect these things as well as our Treaty rights for present and future generations; and, Whereas, since time im mem o rial, the economy, culture, religion, and way o f life o f the Confeder ated Tribes o f Warm Springs Res ervation o f Oregon have been cen tered around fishing, hunting, and gathering, and the C onfederated Tribes o f Warm Springs Reserva tion o f O regon has been and re mains a protector o f the lands and waters on which that are inseparable from our history and critical to our future as a people; and, Whereas C oyote Island, LLC submitted perm it applications to the US Army Corps o f Engineers and the. O regon D epartm ent o f State Lands (DSL) proposing to construct a coal tran sp o rt facility and new dock on the Columbia River in the Port o f Morrow; and, Whereas the coal transport fa cility would receive coal by rail from Wyoming and Montana, load it onto barges that would travel down the Columbia River to Port Westward in St. Helens where the coal would then be loaded o n to ocean-going “Panamas:” vessels, and the coal would then be shipped to Asia where it w ould be burned in coal-fired power plants, emitting mercury and other toxins that return through the atmosphere to our homes; and, Whereas the project would re sult in a near doubling o f current levels o f barge traffic on the Co lumbia River; and,, Whereas the project poses nu merous risks to treaty rights and re sources, including: • Interference with and displace m ent o f treaty-protected traditional fishing areas; • Potential destruction or inter ference with our cultural and reli gious areas; • Degradation o f human health, related to fugitive Coal dust and mercury poisoning; • Declining water quality and loss o f salmon and lamprey habitat from rail, barge and ship operations; • Increased barge traffic, affect ing safety o f tribal fishers and their nets; Increased train traffic, poten tially affecting access to treaty fish ing areas and increasing danger at rail crossings; • E x a c e rb a tio n o f clim ate change, including sea acidification from coal-fired p lant discharges; and, Whereas th e C o n fe d e ra te d Tribes o f Warm Springs Reserva tion o f O regon subm itted corre- ’ spondence, declarations, and other evidence t© the U.S. Army Corps and the O regon D ep artm en t o f State Lands opposing the permits; and, Whereas on. A ugust 18, 2014, the O regon DSL denied the perm it application o f Coyote Island, which denial caused the U.S. Army Corps to suspend its review o f the River and H arbors Act §10 perm it appli cation; and,- Whereas on September 8,2014, Coyote Island and the Port o f Mor row filed a request for a hearing to review the DSL perm it decision, w hich review is a contested case proceeding in the Oregon Office o f Administrative Hearings; and, Whereas the State o f Montana, the State o f Wyoming, and Colum bia Riverkeeper have intervened as parties in the contested case pro ceeding; and, Whereas legal counsel for the Tribe has recom mended interven tion in the contested case proceed ing to continue to protect our wa ter, environment, and Treaty rights and resources; 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 (b) and (1), o f the Tribal Constitution and By- Laws, that the Tribal Council directs the tribal attorneys to file all neces sary documents to participate in and protect the rights and interests o f the Confederated Tribes o f Warm Springs Reservation o f O regon in the contested case proceeding, OAH Case Nos. 1403883 and 1403884; and, Be it further resolved by the Tribal Council that tribal attorney will report to the Tribal Council and on a regular basis regarding this matter. (Resolution 11,988.) Geothermal W hereas th e C o n fe d e ra te d Tribes o f the Warm Springs Reser vation o f O regon (“Tribe”) is a 1 / 3 ow ner o f the 465 MW Pelton- Round Butte Hydroelectric Project, th e o w n er o f th e 19.5 MW R eregulating D am H ydroelectric Project, and the owner o f a 9 MW w ood waste biomass electrical gen eration project; and, Whereas the Tribe believes that, it can become a contributor o f re new able en erg y in th e P acific N orthw est to im prove the tribal economy and contribute to the en ergy security o f the United States; and, Whereas the Tribe has developed inform ation indicating that there may be significant geothermal en ergy resources on the Reservation which the Tribal Council believes may provide econom ic, environ mental and social opportunities for the Tribe as a whole; and, Whereas the Tribe has consid ered th e re c e n t r e p o r t o f G eotherm Ex, Inc. recommending further exploratory work to deter mine the feasibility o f geothermal energy development on the Reser vation including the drilling o f deep temperature .gradient well; and, Whereas the current fiscal situa tion o f the Tribe will not perm it the Tribe to undertake such exploratory activities in the foreseeablé future; and, Whereas the Tribe has chartered W arm Springs Pow er and W ater Enterprises (“WSPWE”) as a trib- ally owned enterprise pursuant to section 12 o f the Tribe’s federal corporate charter with responsibil ity for developing and managing, the Tribe’s energy resources; and, Whereas, WSPWE has prepared an E nergy and Mineral D evelop m ent Program (EMDP) grant pro posal, to assist in continuation o f the Tribe’s geothermal energy de velopm ent effort; and, W hereas the Tribe desires to study the g eotherm al resources fully; is willing to consider develop m ent o f any potential mineral re source discovered through the pro gram; desires that the program be conducted utilizing a combination o f tribal staff and private contrac tors/consultants; and will consider the public release o f inform ation obtained from the energy and min eral development study; now, there fore, 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 5, Section 1(a), (d), (f), and (1) o f the Tribal Constitution and Section 4 o f the Tribal C orpo rate Charter, that Tribal Council a u th o riz e s su b m issio n o f th e E M D P grant proposal; approves the EM D P project, and otherwise desires to study the commodities; is willing to consider development of any potential mineral resource dis covered through the program; de sires that the program be conducted utilizing a combination o f tribal staff and private contractors/consultants; and will consider the public release o f information obtained from the energy and mineral developm ent study. (Resolution 11,978.) WARM SPRINGS TELECOM
