Spilyay Tymoo, Warm Springs, Oregon
February 15, 2017
Page 7
Tribal Council summaries
(The following are sum-
maries of two Januar y
Tribal Council meetings.)
Courtesy KWSO
Mt. Hood Meadows on Monday hosted Tribal Ski Day, a day of skiing and snowboarding on Mt. Hood.
Tribal Council summary
February 9
1. Present: Chief Joseph
Moses, Chief Alfred Smith
Jr., Brigette McConville.
Minnie Yahtin, Recorder.
2. Visit from U.S. Rep.
Greg Walden, and Central
Oregon office director senior
policy advisor Nick Strader.
3. Managed Care issues
presented by Mike Collins,
director of tribal Managed
Care:
· Separation of Indian
Health Improvement Act
from Affordable Care Act.
· Affordable Care Act
employer mandate.
· Payer of last resort is-
sue.
4. Public Safety pre-
sented by Stan Suenaga,
general manager of Public
Safety:
· Corrections facility.
· Cannabis project – law
enforcement.
· Leases.
5. Economic Develop-
ment presented by Louie
Pitt, director of Govern-
mental Affairs, and
Kahseuss Jackson, eco-
nomic
development
direcotr:
· Campus infrastructure.
· USDA funding.
6. Natural Resources
presented by Bobby
Brunoe, general manager
of Branch of Natural Re-
sources; and Don Sampson,
Ventures chief executive
officer.
· Land exchange.
· Bear Springs/U.S. For-
est Service.
· Outdoor tourism: part-
nerships with Mt. Hood
Meadows and Ski Bowl
· Deschutes basin and
water.
7. Public Broadcasting is-
sue presented by Sue Mat-
ter, director KWSO.
· Possible funding loss for
KWSO and other public ra-
dio stations.
8. With no further dis-
cussion the meeting ad-
journed at 10:55 a.m.
January 30, 2017
1. Roll call: Chief
Delvis Heath, Chief Jo-
seph Moses, Chief
Alfred Smith Jr., Chair-
man Eugene Greene Jr.,
Vice Chairman Charles
Calica, Carina Miller,
Brigette McConville, Lee
Tom, Valerie Switzler
and Raymond Tsumpti.
Minnie Yahtin and Emily
Yazzie, Recorders.
2. Indian Head Ca-
sino update.
3. War m Springs
Power & Water Enter-
prise update.
4. War m Springs
Composite Products up-
date.
5. War m Springs
Telecom update.
6. Kah-Nee-Ta up-
date.
7. Warm Springs Ven-
tures update.
· Carbon Sequestra-
tion update.
· Unmanned Aerial
System update.
· Construction Enter-
prise update.
· Geo Visions update.
· TERO update.
· Energy and Mineral
Grant update
8. Tribal Council
Travel Coordinator Po-
sition Update.
9. Enterprises to be
prepared to do a public
update to tribal
members in future on
quarterly basis.
10. Set General Coun-
cil meeting on supplemen-
tal budget for Kah-Nee-
Ta.
11. Adjourned 4:25
p.m.
January 31
1. Roll call: Chief
Delvis Heath, Chief Jo-
seph
Moses, Chief
Alfred Smith Jr., Chair-
man Eugene Greene Jr.,
Vice Chairman Charles
Calica, Carina Miller, Lee
Tom, Valerie Switzler,
and Raymond Tsumpti.
Minnie Yahtin and Emily
Yazzie, Recorders.
2. Credit Enterprise
update.
3. The Museum At
Warm Springs update.
4. War m Springs
Housing Authority up-
date.
5. Warm Springs Tim-
ber LLC update
6. Cannabis project
update
· Intergovernmental
agreement
· Cannabis Commis-
sion update – Did last in-
terview for cannabis di-
rector, and should be se-
lecting in next two weeks.
7. Amend agenda to
add Warm Springs Ven-
tures Native Fax update.
8. Enterprises to be
prepared to do a public
update to tribal members
in future on quarterly ba-
sis.
9. Adjourned 4:31
p.m.
Resolutions of Tribal Council
Cannabis IGA
Whereas the Confeder-
ated Tribes of War m
Springs is a federally rec-
ognized Indian tribe orga-
nized under a constitution
and bylaws ratified by the
members of the tribe on
December 18, 1937, and
approved by the Assistant
Secretary of the Interior
of the United States on
February 14, 1938, pursu-
ant to Section 12 of the
Act of June 18, 1934 (48
Stat. 984), as amended by
the Act of June 15, 1935
(49 Stat. 378); and,
Whereas the tribe ex-
ercises governmental pow-
ers over lands and re-
sources within the bound-
aries of the Warm Springs
Indian Reservation as such
reservation is described in
that certain treaty between
the United States of
America and the tribes and
bands of Middle Oregon
executed on June 25, 1855
(12 Stat. 963); and,
Whereas on November
3, 1998, Oregon voters ap-
proved state Ballot Measure
67, allowing medical use of
marijuana within limits and
establishing a permit system,
ORS 475B.400 through
ORS 475B.525; and on No-
vember 4, 2014, Oregon
voters approved Ballot Mea-
sure 91, allowing recre-
ational use of marijuana for
adults within limits and es-
tablishing a license systems,
ORS chapter 475B (as fur-
ther amended); and,
Whereas pursuant to a
Warm Springs tribal refer-
endum on December 17,
2015, confirmed by Tribal
Council resolution 12,086,
the tribal membership ap-
proved a tribally formed but
independently managed and
operated on-reser vation
marijuana cultivation and
processing facility with retail
sales allowed only off the res-
ervation; and,
Whereas pursuant to the
2015 referendum, the Tribal
Council adopted War m
Springs Tribal Code Chapter
743, Marijuana Cultivation,
Processing and Sale to regu-
late the marijuana activities
authorized by the 2015 ref-
erendum, and to assure com-
pliance with federal policy as
articulated in the Cole
Memorandum
and
Wilkinson Memorandua;
and,
Whereas pursuant to the
2015 referendum, the tribe
formed, under its constitu-
tional authority, a community
benefit business enterprise
that will operate the on-res-
ervation facility and which
will also engage in off-reser-
vation retail sales as a state
licensee for the express pur-
pose of improving job op-
portunities and increasing
tribal tax revenues and com-
munity benefit revenues to
benefit the tribal community;
and,
Whereas the tribe has
regulatory jurisdiction over
tribal marijuana activities on-
reservation; and,
Whereas the tribal Can-
nabis Commission is respon-
sible for adopting and en-
forcing and regulations relat-
ing to the production, pro-
cessing, testing and wholesale
of marijuana on the reser-
vation; and,
Whereas the state has
regulatory jurisdiction over
marijuana activities off-res-
ervation; and,
Whereas the Oregon Li-
quor Control Commission,
the Oregon Health Author-
ity, the Oregon Department
of Agriculture, and the Or-
egon Department of Rev-
enue are responsible for
adopting and enforcing regu-
lations relating to the pro-
duction, processing, testing,
sale and taxation of mari-
juana in the state of Oregon,
including regulations relating
to the use of pesticides on
marijuana plants used for
production of marijuana
items, and regulations relat-
ing to food safety for can-
nabinoid edibles offered for
sale in the state of Oregon;
and,
Whereas the state and
tribe recognize the need for
cooperation and collabora-
tion with regard to the pro-
duction and processing of
marijuana on the reserva-
tion for sale off-reservation
and with regard to state lic-
ensees and individuals trav-
eling through the reserva-
tion, namely:
1.
The conditions un-
der which the state will con-
sider tribally produced mari-
juana items as legal for sale
in the state market and
thereby allow the tribe to
compete in the state market;
and,
2. Regulatory treat-
ment of non-tribal members
working on the reservation
under tribal licenses and
non-tribal members other-
wise possessing marijuana on
the reservation; and,
3. Regulatory treat-
ment of tribally licensed
businesses and representa-
tives off-reservation and
state licenses and licensee
representatives on the res-
ervation; and,
Whereas the Tribal
Council believes it is in the
best interests of the tribe
to approve and enter into
the Intergovernmental
Agreement for cross juris-
dictional coordination and
enforcement of marijuana-
related businesses between
the tribe and the state of
Oregon (exhibit A to this
resolution); now, therefore,
Be it resolved by the
Twenty-Seventh Tribal
Council of the Confeder-
ated Tribes of the Warm
Springs Reservation, pursu-
ant to Article V, section 1(f)
(l) and (u) and Article VI of
tribal constitution and by-
laws, the 2015 referendum,
and Warm Springs Tribal
Code Chapter 30, that the
Tribal Council hereby ap-
proves the Intergovern-
mental Agreement for cross
jurisdictional coordination
and enforcement of mari-
juana-related businesses be-
tween the tribe and the state
of Oregon (exhibit A), in-
cluding the limited waiver
of sovereign immunity con-
tained therein; and,
Be it further resolved
that the Tribal Council
hereby authorizes the
Chairman, Vice Chairman
or Secretary-Treasurer/
CEO to execute the Inter-
governmental Agreement
in substantially similar form
as exhibit A, and authorizes
these authorized represen-
tatives or their designated
representatives to take any
such further actions and
to execute any such fur-
ther documents or instru-
ments necessary or desir-
able to carry out the above
resolutions and to perform
the Intergovernmental
Agreement.
(Resolution no. 12,276)
Carbon project
Whereas the Confeder-
ated Tribes of Warm Springs
Reservation of Oregon is a
federally recognized Indian
tribe; and,
Whereas Warm Springs
Geo Visions, a tribal business
enterprise, is advancing the
commercial opportunities for
carbon offset credit project(s)
on the reservation, in particu-
lar under the state of Cali-
fornia cap and trade program;
and,
Whereas pursuant to the
Tribal Council resolution
11,979 the Tribal Council
approved the carbon
project, authorized the car-
bon project listing, and del-
egated project management
to Geo Visions among other
actions; and,
Whereas Geo Visions has
identified a willing buyer for
the carbon project carbon
offset credits that are issued
form the first reporting pe-
riod in accordance with the
ter ms and conditions set
forth in the California offset
transaction terms agreement
(exhibit A to this resolution);
and,
Whereas under the agree-
ment that the tribe agrees to
sell the contract credits in
three different tranches to
the buyer; and,
Whereas the tribe believes
that the agreement terms are
in the best interest of the
tribe; now, therefore,
Be it resolved by the
Twenty-Seventh Tribal
Council of the Confeder-
ated Tribes of War m
Springs Reservation, pursu-
ant to Article V, section 1 (f)
and (l) of the Tribal Consti-
tution and by-laws and
Warm Springs code chapter
30, that the Tribal Council
hereby:
1. Approves the agree-
ment (exhibit A to this reso-
lution) including the grant
of limited waiver of sover-
eign immunity contained
therein; and,
2. Authorizes the Tribal
Council Chair, Vice Chair or
Secretary-Treasurer/CEO
to execute and perform the
agreement in substantially
similar form as in exhibit A;
and,
3. Delegates to the Tribal
Council Chair and Secre-
tary-Treasurer/CEO the au-
thority to adjust the
tranches in the agreement
transaction confirmation as
deemed in the best interest
of the tribe and in accor-
dance with the terms noted
therein; and,
4. Authorizes the autho-
rized representative sand
Geo Visions general man-
ager to undertake any such
further actions or execute
any such further docu-
ments reasonably neces-
sary to carry out the inten-
tions of the foregoing
resolutions and the agree-
ment and as consistent
with their obligations and
responsibilities under the
agreement.
(Resolution no. 12,258)