Spilyay Tymoo, Warm Springs, Oregon
January 4, 2017
Page 7
Many of
the
former
Miss
Warm
Springs
attended
the
pageant,
held in
December
at the
Agency
Longhouse.
Jayson Smith
photos
Resolutions
of Tribal Council
In support
of Kah-Nee-Ta
Whereas the Confeder-
ated Tribes of the Warm
Sprigs Reservation of Or-
egon is a federally recog-
nized Indian tribe; and,
Whereas the Tribe
formed Kah-Nee-Ta Resort
(KNT) as a subordinate or-
ganization for economic pur-
poses pursuant to Article 5,
Section 1(f) and (o) of the
Tribe’s Constitution and By-
laws; and,
Whereas KNT is a
wholly owned business en-
terprise of the Tribe for the
purpose of, among others,
operating and maintaining
well-managed resort and
other activities that will en-
hance the resort and hospi-
tality businesses of the
Tribe; and,
Whereas operational
working capital and capital
investment is needed and
critical for KNT to continue
resort operations and to be
competitive in the Central
Oregon destination resort
economy and are therefore
critical for the current and
future welfare of the Tribe;
and,
Whereas operating capi-
tal in the amount of
$175,000 is necessary for
operations through Decem-
ber 31, 2016 and additional
operating capital in the
amount of up to $400,000
is necessary for operations
through the first quarter of
2017; and,
Whereas provided such
working capital will allow the
resort to remain operational
while KNT develops an in-
vestment, improvement and
operational plan for the long
term operation of KNT, in-
cluding but not limited to in-
vestigating opportunities to
engage an outside investor;
and,
Whereas a tribal invest-
ment is necessary to prevent
an offseason closure of
KNT and to continue opera-
tions until the busy season
provides sufficient revenue
to become self-sufficient;
and,
Whereas by passage of
Tribal Council Resolution
No. 11,289 the Business In-
vestment Revolving Fund
(BIRF) Committee was cre-
ated whose purpose is to
utilize Tribal Council appro-
priations and other funds to
assist with the development
of business opportunities by
tribal business enterprises
on the Warm Springs Res-
ervation; and,
Whereas by motion the
Tribal Council instructed the
Secretary-Treasurer to lo-
cate funds in an amount up
to $175,000 to meet the im-
mediate working capital
needs of KNT; and,
Whereas the BIRF fund
has sufficient funds to cover
the $175,000 working capi-
tal needs of KNT but does
not, at this time, contain suf-
ficient funds to meet the
additional $400,000 of
working capital needs of
KNT; and,
Whereas the Secretary-
Treasurer and KNT will
work with the BIRF Com-
mittee to develop appropri-
ate terms and conditions and
documentation for a BIRF
loan to KNT; and,
Whereas a supplemen-
tal budget is necessary to
fund some or all of the ad-
ditional working capital
needs of KNT in the form
of a loan to KNT; and,
Whereas the funding re-
quest is based on the follow-
ing:
1. Development of a
short-term operations, capi-
tal improvement and man-
agement plan for KNT by
January 31, 2017, to mini-
mize unnecessary expenses
while maintaining core ser-
vices; and,
2. Development of a
long term operations, capi-
tal improvement and man-
agement plan for KNT by
December 31, 2017 that
will ensure self-sufficient
and financially sound opera-
The judges panel at the Miss Warm Springs Pageant.
tions; and,
3. Development of
financial and operational per-
formance metrics and
monthly reporting to Tribal
Council and/or the Secre-
tary Treasurer of such
metrics during the term of
any loan agreement with the
Tribes; and,
Whereas the Tribal
Council supports the ongo-
ing operation of KNT in a
manner that is self-sufficient
and financially sound and
believes the following fund-
ing and actions are in the
best interests of the Tribe;
now, therefore,
Be it resolved by the
Twenty-Seventh Tribal
Council of the Confeder-
ated Tribes of the Warm
Springs Reservation of Or-
egon, pursuant to Article V,
Section 1(f) and (l) of the
Tribal Council Constitution
and Bylaws, that the Tribal
Council hereby:
1.
Authorizes the Sec-
retary-Treasurer to provide
funding in the amount of
$175,00 to KNT for work-
ing capital from the BIRF
fund in accordance with the
terms and conditions consis-
tent with previous BIRF
loans or otherwise agreed to
by the BIRF Committee,
and directs that as provided
in the funding terms and
conditions any interest and
earnings on such funding
shall be reinvested in the
BIRF fund; and,
2. Authorizes the Sec-
retary-Treasurer to initiate a
supplemental budget proce-
dure in an amount up to
$400,000 for working capi-
tal for KNT, structured as a
loan in accordance with
terms and conditions simi-
lar to the BIRF fund loan;
and,
3. Authorizes the
Chair, Vice Chair, and/or
Secretary-Treasurer to de-
velop and execute loan
agreements and associated
documentation for the BIRF
loan and any supplemental
budget loans in a manner
consistent with the BIRF
Committee practice and/or
recommendations and to
undertake any additional ac-
tions, make any filings or pay
any sums reasonably neces-
sary to carry out the intent
of these resolutions. (Reso-
lution no. 12,275.)
Rights of way,
building lease
successful in securing on-
going, substantial revenue
streams from that resource;
and,
Whereas Tribal Council
established a telecommuni-
cations company to provide,
expand and improve ser-
vices on the Warm Springs
Reservation to tribal mem-
bers, government, critical
facilities, businesses and
enterprises, and,
Whereas Resolution
11,181 recognized that it is
in the best interest of the
tribes to create a tribally-
owned telecommunications
company “to provide an ef-
fective mechanism to oper-
ate and manage telecommu-
nications on the reserva-
tion” and “show always be
considered as a possible pro-
vider of telecommunica-
tions for the tribes,” now
therefore,
Be it resolved by the
Twenty-Seventh Tribal
Council of the Confeder-
ated Tribes of War m
Springs pursuant to Article
V, Section 1(i) and (u) of the
Tribal Constitution and By-
laws of the Confederated
Tribes that an ad hoc com-
mittee (committee) be estab-
lished to negotiate these
lease agreements with
CenturyLink; and,
Be it further resolved
that the committee shall be
composed of the following:
War m Springs Power
and Water Enterprises direc-
tor Jim Manion, as lead ne-
gotiator, and who has expe-
rience negotiating utility
ROWs; and
Tribal planner Lonny
Macy, who facilitates and
coordinates telecommunica-
tions planning and has com-
menced discussions with
CenturyLink on the ROW
agreement; and,
WST general manager
Jose Matanane, who has a
broad telecommunications
perspective and represents
the concerns and interests
of the WST enterprise; and,
Converge Communica-
tions consultant Adam Haas,
who has successfully nego-
tiated telecommunications
leases on behalf of the
tribes in the past; and,
Tribal Council member
Charles Calica to serve as
communications liaison be-
tween the negotiating team
and Tribal Council; and,
Legal Expertise, desig-
nated to provide support
and assistance in carrying
out the negotiations;
Be it further resolved
that all offices, departments,
agencies, employees and
agents of the tribes are di-
rected to make their exper-
tise and assistance related to
the negotiation effort avail-
able to the committee upon
request. ( R e s o l u t i o n n o.
12,262.)
Whereas the Confeder-
ated Tribes of the War m
Springs Reservation of Or-
egon is a federally recognized
Indian tribe; and,
Whereas US West, now
CenturyLink (CL), has two
expired leases with the tribes.
One is a 25-year right-of-way
(ROW) lease agreement with
US West for a fiber optic
cable that crosses the reser-
vation entering from the
northern boundary near the
Bear Springs campground
and exiting along Highway 26
at the Deschutes River. The
other is a ground lease for the
CL Central Office building
that houses their primary
equipment and is located in
the Warm Springs East Cam-
pus area; and,
Whereas the ROW lease
agreement required US West
to compensate the tribes by
extending copper telephone
cable, valued at $143,500, to
homes in Sidwalter. Owners
of eleven allotment tracts
and one fee tract were paid a
total of $8,392.03; and,
Whereas since that time,
leases for rights-of-way for
fiber cable have become
much more valuable, and
through our membership in
the National Tribal Telecom
Association we have learned
that other tribes have been