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.)
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