Spilyay Tymoo
Coyote News, est. 1976
March 29, 2017 - Vol. 42, No. 7
March – Wiyalppt – Winter - Anm
Positive report on fishing agreement
The federal lawsuit U.S. v. Or-
egon is the ongoing court case that
implements the Treaty of 1855 fish-
ing rights of the Confederated
Tribes of Warm Springs, and three
other Columbia River treaty tribes.
The management agreement pur-
suant to U.S. v. Oregon is the fun-
damental guiding document for
tribal fisheries at the Columbia. So
having a long-term agreement with
provisions that ensure tribal fishing
rights is critical.
The management agreement also
covers vital matters such as fisher-
ies restoration at the Columbia, pro-
viding a framework for all parties
in salmon and steelhead manage-
ment.
An agreement like this can be
hard to achieve, as there many par-
ties involved: The Warm Springs,
Yakama, Umatilla and Nez Perce
tribes; and the states of Oregon,
Washington and Idaho.
The management agreement is
a court order to be strictly followed.
As a court order, the agreement
protects the tribes and other par-
ties from lawsuits by others who
may be against some of its terms,
said John Ogan, tribal attorney.
Mr. Ogan gave an update last
week at Tribal Council on the U.S.
v. Oregon management agreement.
There was good news, he said, in
that it appears all parties are will-
ing to extend the current agree-
ment for another ten-year term.
The existing agreement is set to
expire at the end of this year.
If the parties agree to extend
the agreement, there would be no
uncertainty or interruption in
tribal treaty fishing at the Co-
lumbia.
Ruling in 1969
U.S. v. Oregon was initially filed
in 1968 by the federal government
on behalf of the tribes against the
state of Oregon. The federal gov-
ernment handled the case as part
of its trust responsibility.
Judge Belloni in 1969 ruled
in favor of the tribes and the
U.S., finding that the four
treaty tribes are entitled to a
“fair share” of the fish runs,
and the state was limited in its
power to regulate treaty Indian
fisheries.
The state could only regulate
when “reasonable and necessary
for conservation,” the judge
found. And he ruled state con-
servation regulations could not
discriminate against the tribes,
using the least restrictive means
necessary.
(See US v. OREGON on 7)
WSA Fire
Module
A unique service at Warm
Springs Fire Management is the
WSA Wildland Fire Module.
The ten-person crew uses
three specialty vehicles provid-
ing fire suppression, and non-
suppression services—fuels
reduction and prescribed fire,
for instance—at any location
where needed, on and off the
reservation.
This month they’ve been
doing juniper removal on the
reservation, while off reserva-
tion projects have been with the
Siletz on the Oregon Coast, and
the Upper Skagit in northwest
Washington state.
In the U.S. the War m
Springs Agency Wildland Fire
Module is the only BIA team
providing this kind of diverse
service.
The program is federally
funded, hosted by War m
Springs Fire Management, said
Dorian Soliz, crew superinten-
ECR WSS
Postal Patron
U.S. Postage
PRSRT STD
Warm Springs, OR 97761
Change
in KNT
management
Marie Kay Williams was named
the interim general manager for
Kah-Nee-Ta Resort and Spa.
Former resort general manager
Jim Bankson retired recently based
on a doctor’s recommendation. The
resort board of directors and in-
terim manager Williams met with
Tribal Council this week for an up-
date on the developments.
Ms. Williams is a long-time re-
sort employee, having started there
18 years ago while in high school,
working in the Banquets area. She
stayed in college, worked for a time
at another four-star resort, and now
is Banquets manager.
Kah-Nee-Ta is developing a tribal
traditions program at the resort, Ms.
Williams, who is married into the
tribes, reported. The first crafts
class this year was a success, she
said. “We want activities where
people come away with a positive
experience,” she said.
The cost of the traditions pro-
gram is relatively low, “and the ben-
efits are great.” Meanwhile, Will-
iams reported, the resort was at 100
percent capacity on March 25, a
very positive sign.
The golf course—at one point
this year almost closing perma-
nent—is seeing great improvements
since being taken over by Brent
Moschetti, said resort board chair-
man Jim Manion.
Dave McMechan/Spilyay
dent. During fire season, he said,
the Module can be expected to
focus on wildland fire suppression
support.
And in off-season months the
service focuses on the fuels-re-
duction kinds of projects, from
the planning phase through
completion.
The program is still fairly new.
Planning for the Module began
in late 2014, with the superin-
tendent and assistant superin-
tendent, Josh Sohappy, hired
over the following several
months. This year they are fully
staffed with the ten crew mem-
bers.
WSA Wildland Fire Module
crew Daniel Gilbert, Josh
Sohappy, David Sohappy Jr.,
Carlos Lopez, Logan
Hammond, Richard Harrington
IV (back row from left); and
Kevin Williams, Sean Soliz,
Anthony Blueback (front from
left; not pictured Dorian Soliz).
Council talks with state Education reps
Important developments are
happening in public education,
from an upcoming election for the
Jefferson County School District
board, a new district superinten-
dent, to changes at the state level
also involving the tribes.
Tribal Council met last week
with Oregon Department of
Education officials, including
Ramona Holcomb, Indian educa-
tion specialist, and April
Campbell, advisor to the deputy
state superintendent on Indian
education. Both Ms. Holcomb
and Ms. Campbell are tribal mem-
bers from Oregon.
The tribal Education Commit-
tee was on hand for the meeting.
The state Education officials
opened with an explanation of the
changes brought by the Every Stu-
dent Succeeds Act (ESSA), which
is replacing the No Student Left
Behind Act.
One interesting point in ESSA
is the requirement that state depart-
PO Box 489
Warm Springs, OR 97761
ments of education, including that
of Oregon, consult with tribes on
education matters. This is a new
requirement for the Oregon de-
partment.
As this was an introductory
meeting, Tribal Council Chairman
Austin Greene made clear the tribes
at this time were giving pre-con-
sultation, not the formal consulta-
tion required by the law.
The Education officials said the
department was developing its
tribal consultation policy to be sub-
mitted to the federal agency. When
this is approved, the department
will consult with the Confederated
Tribes.
Some of the other highlights of
ESSA, as explained by the state
officials:
The main goal is to advance edu-
cation equity. What this means in
a sentence: Education equity is an
opportunity for states, districts and
schools to equitably design educa-
tion systems to ensure that histori-
Three 509-J board
positions are up for
election in May. At
least three people from
Warm Springs have
said they are interested
in running.
cally underserved students are pre-
pared for the demands of the 21st
century.
There will be guidelines and
standards that determine whether
this is being met.
Councilman Jody Calica said
many parents would like to see a
closer ratio of Native American
teachers to students: “Students
ought to have teachers who look
like them,” as he said. At the
Warm Springs Academy about 95
percent of the students are tribal
members.
The curriculum, too, should re-
flect the culture of the students,
as a way of increasing the
graduation rate, and increasing
the relevance of the curriculum
thereby making the students feel
more at home.
These are among the matters
to be addressed in the long-term
memorandum of understanding
between the tribes and the
school district 509-J. A new
agreement does not yet exist,
although the current one expired
last year.
On this point: The Educa-
tion Committee presented a pro-
posed agreement last year, but
the negotiation ended shortly
thereafter. Some on the board
said they would like to deal di-
rectly with Tribal Council,
though the Education Commit-
tee is entrusted by Council with
this kind of negotiating author-
ity.
(See SCHOOLS on 7)
Pet clinic
continues
April 2
A free spay and neuter pet clinic
in Warm Springs is coming up on
Sunday, April 2. Drop off time will
be at 7:30 a.m. at the Community
Building on Quail Trail.
This is a project of Bend Spay
and Neuter Project, who began the
clinics in Warm Springs last year.
Since then, during five clinics, the
team has performed 143 surgeries,
and given hundreds of vaccinations.
The service is on a first-come
first-serve basis, so showing up at
least by 7:30 is important. Owners
can then pick up the pets at 4 p.m.
The procedure is performed in
the sterile environment of the mo-
bile clinic, with the dogs staying in
standard pet carrying crates during
pre- and post-surgery.
The service includes a pre-surgi-
cal exam, the spay or neuter sur-
gery, pain injection, anesthesia and
monitoring post surgery, and a rab-
bis vaccination if needed. For more
information call 541-617-1010.
The Humane Society of Central
Oregon will also be on hand to take
any dogs that a person may want to
surrender. This service will be avail-
able from 8:30-10:30 on Sunday,
April 2 at the Community Building.