Page 8
Spilyay Tymoo, Warm Springs, Oregon
Boating accident claims CRITFC technician
Four people were rescued
after a fishing boat capsized
and sank in the Columbia River
last Friday, April 8. One per-
son later died at a Portland hos-
pital.
The four individuals were
technicians on a research boat
for the Columbia River Inter-
Tribal Fish Commission.
The boat flipped over near
Multnomah Falls, and three
men and a woman were clinging
to the bottom of it as it floated
down the river.
The Columbia River Inter-
Tribal Fish Commission made the
following statement:
“The Columbia River Inter-
Tribal Fish Commission’s research
boat capsized on the Columbia
River near Multnomah Falls. The
four individuals aboard the vessel
were CRITFC technicians. All four
were rescued and transported to
hospitals for medical attention.
“We are saddened to report
that the individual who was trans-
ported to Portland via life-flight
did not survive.
“This accident serves as a re-
minder of the constant dangers
associated with the Columbia
River, even for the most experi-
enced. All four are highly trained
and log hundreds of hours on the
Columbia River each year. We
would like to thank the first re-
sponders who were part of the
rescue and to those who pro-
vided medical attention.
As you can imagine, this is
a sad day for the individual’s
family, the tribal community,
and the Columbia River Inter-
Tribal Fish Commission. Our
thoughts and prayers are with
the family.
Resolutions of Tribal Council
(The following are some of the
resolutions passed recently by the
Twenty-Seventh Tribal Council.)
WSFPI records
Whereas on April 11, 2016,
Tribal Council for The Confeder-
ated Tribes of the Warm Springs
Reservation of Oregon approved
Tribal Resolution No. 12,155 autho-
rizing the Chair man of Tribal
Council and the Secretary-Trea-
surer/CEO, in consultation with the
Tribe’s legal counsel, to take all nec-
essary and appropriate action to
proceed with the orderly wind-down
of Warm Springs Forest Products
Industries (“WSFPI”) in a manner
that protects the Tribe and its re-
sources and that minimizes, to the
extent reasonably possible, the im-
pact on individual tribal members;
and,
Whereas Tribal Resolution No.
12,155, among other things, autho-
rized the Chairman of Tribal Coun-
cil and the Secretary-Treasurer/
CEO, in consultation with legal
counsel and with assistance from
Tribal staff, to initiate an action in
Tribal Court for the appointment
of a receiver to take possession and
control of the assets of WSFPI
subject to the oversight of the
Tribal Court, and to take any and
all actions necessary or appropriate
to sell, dispose of, or surrender the
assets of WSFPI for the benefit of
all creditors (“Receivership Action”);
and,
Whereas the Chair man of
Tribal Council and the Secretary-
Treasurer/CEO have initiated the
Receivership Action in War m
Springs Tribal Court Case No.
CV20-16 and an order appointing
Ed Hostmann, Inc. as general re-
ceiver for WSFPI (the “Receiver”)
was entered by the Tribal Court on
May 2, 2016; and,
Whereas the Receiver has pro-
posed a Records Retention Agree-
ment (“Agreement”), pursuant to
which the Tribe would take posses-
sion and custody of certain busi-
ness records of WSFPI for archi-
val purposes and would make those
records reasonably available to the
Receiver on certain terms and con-
ditions. The Agreement includes a
limited waiver of the Tribe’s sover-
eign immunity, and a copy of the
current draft of the Agreement is
attached as Exhibit A; and,
Whereas Tribal Council believes
that it is prudent and in the best in-
terest of the Tribe to enter into the
Agreement, including the limited
waiver of sovereign immunity, in
substantially the form of Exhibit A
or as later amended, provided that
such amendments do not materially
affect the Tribe’s rights, obligations,
or interests arising out of or related
to the Agreement; now, therefore,
Be it resolved by the Twenty-
Seventh Tribal Council of the Con-
federated Tribes of the War m
Springs Reservation of Oregon,
pursuant to Article V, Sections (f),
(l), and (u) of the Tribal Constitu-
tion and By-Laws and Chapter 30
of the Warm Springs Tribal Code,
that the Tribal Council approves the
Records Retention Agreement and
authorizes the Chairman of Tribal
Council, Vice-Chairman of Tribal
Council, and the Secretary-Trea-
surer/CEO, in consultation with
the Tribe’s legal counsel, to final-
ize the Records Retention Agree-
ment in substantially the form of
Exhibit “A” or as later amended,
provided that such amendments do
not materially affect the Tribe’s
rights, obligation, or interests;
Be it further resolved, pursu-
ant to Warm Springs Tribal Code,
Chapter 30, the Tribal Council ap-
proves a limited waiver of sover-
eign immunity of the Tribe in re-
lation to the Records Retention
Agreement and in the following
form:
‘This waiver of the sovereign
immunity of the tribes from suit
or action is adopted pursuant to
the terms of Warm Springs Tribal
Code chapter 30 and shall be
strictly construed and limited to its
specific purpose and the specific
waiver granted.
‘Pursuant to Tribal Resolution
No. 12,306, the Tribe hereby ex-
pressly waives its sovereign immu-
nity as to any claim or cause of
action arising out of this Agree-
ment that is initiated in Tribal
Court seeking specific perfor-
mance of this Agreement. The
scope of this limited waiver of sov-
ereign immunity does not include
any claim for monetary damages,
whether legal or equitable. This
limited waiver applies only to the
Tribe and to this Agreement and
to no other parties, entities (includ-
ing Tribal enterprises), transactions,
contracts, or agreements. This lim-
ited waiver shall not modify any
other waiver of sovereign immu-
nity that may exist.’ (Resolution no.
12,306)
Fishing guide
Whereas the Treaty with The
Tribes of Middle Oregon June 25,
1855 reserved to the Confederated
Tribes of the Warm Springs Reser-
vation of Oregon the “exclusive
right of taking fish in the streams
running through and bordering the
Reservation”; and,
Whereas the Fish and Wildlife
Committee in conjunction with the
Branch of Natural Resources
(BNR) has reviewed and proposed
to the Tribal Council the 2017 Fish-
ing Guide Service Regulations for
tribal member-owned fishing guide
services (340.220 On-Reservation
Fishing by Non-Members) con-
ducted on rivers bordering the res-
ervation; and,
Whereas the Tribal Council has
reviewed the proposed 2017 Fish-
ing Guide Service Regulations and
has determined that enactment of
such regulations would be in the
best interest of the tribe, its mem-
bers, and of the natural resources
of the Warm Springs Reservation
of Oregon; now, therefore,
Be it resolved by the Twenty-
Seventh Tribal Council of the Con-
federated Tribes of Warm Springs
Reservation of Oregon, pursuant
to Article V, Section 1 (I) and (u),
of the Tribal Constitution and By-
Laws and Warm Springs Tribal Code
Section 340, that the following rules
and regulations (Exhibit A) are
hereby adopted for the 2017 sea-
son; and,
Be it further resolved that for
the 2017 season(s), the fishing guide
services owned and operated by:
Matt Mendes, enrollment number
6256 are hereby approved upon
receipt of documentation noted in
the Rules & Regulations. (Resolution
12,302)
Telecom board
Whereas the Confederated
Tribes of the Warm Springs Reser-
vation of Oregon is a federally rec-
ognized Indian Tribe; and,
Whereas by Resolution No.
11,181, Tribal Council formed the
Warm Springs Telecommunications
Company (“WSTC”) in 2010, as a
subordinate organization pursuant
to Article V, Section 1(o) of the
Tribal Constitution for the purpose
of providing expanded and im-
proved telecommunication services
on the Warm Springs Reservation
to tribal members, Tribal and pri-
vate businesses, critical facilities,
Tribal and other governments; and,
Whereas, in accordance with the
Articles of Incorporation of WSTC
(“Articles”), an Interim Board of
Directors of WSTC has been man-
aging WSTC since its formation;
and,
Whereas the Tribal Council has
determined that it is appropriate and
in the best interest of the Tribe to
recruit and appoint an independent
Board of Directors for WSTC; and,
Whereas the Tribal Council has
determined that adopting Bylaws
for WSTC will assist in the recruit-
ment and appointment of Directors
and in the governance and opera-
tion of WSTC; and,
Whereas the Tribal Council has
further determined including an ex-
press delegation to WSTC under
Warm Springs Tribal Code Chap-
ter 30 to grant limited waivers of
sovereign immunity as to WSTC will
provide appropriate protection to
the Tribe and to the enterprise and
provide commercially reasonable
authority to engage in transactions
necessary and/or appropriate for
the conduct of the enterprise’s op-
erations; now, therefore,
Be it resolved by the Twenty-
Seventh Tribal Council of the Con-
federated Tribes of Warm Springs
Reservation of Oregon, pursuant
to Article V, Section 1(f), (l) and (o)
of the Tribal Constitution and By-
Laws and WSTC Chapter 30, that
the Tribal Council hereby approves
and adopts the By-Laws of the
Warm Springs Telecommunication
Company, attached to this resolu-
tion as Exhibit A. (Resolution no.
12,305)
Workers comp
Whereas since 1988 the Tribe
has operated a self-insured Work-
ers Compensation program under
Tribal law as set out in Chapter 375
(Workers Compensation Code) of
the Warm Springs Tribal Code
(“WSTC”); and,
Whereas, pursuant to WSTC
Section 375.130(1)(a) the Warm
Springs Workers Compensation
program is administered by a
Workers Compensation Commit-
tee (“Committee”) made up of two
representatives from Tribal Admin-
istration, two representatives from
Warm Springs Forest Products In-
dustries (“WSFPI”), and one rep-
resentative each from Kah-Nee-Ta
Resort, Indian Head Casino, and
Warm Springs Composite Products,
all of whom are appointed by Tribal
Council; and,
Whereas, because of the clo-
sure and dissolution of WSFPI and
the development of Warm Springs
Ventures as a significant employer
within the tribal organization, it is
necessary to amend WSTC Section
375.130(1)(a) to remove the two
designated WSFPI positions from
the Committee and to add a repre-
sentative to the Committee from
Warm Springs Ventures; and,
Whereas, because of the trans-
fer of Committee member, Kaitlyn
Minnick representing Tribal Ad-
ministration, from the Tribe’s Hu-
man Resources Department to a
new position in the Human Re-
sources Department at Indian Head
Casino, it is necessary for Tribal
Council to appoint a replacement
member of the Committee repre-
senting Tribal Administration and
also to appoint a new member of
the Committee representing Warm
Springs Ventures; and,
Whereas, pursuant to WSTC
Section 375.130(1)(a) Tribal Coun-
cil believes that it is appropriate to
appoint Elizabeth Sato, manager
of the Tribe’s Human Resources
Department, to the Tribal Admin-
istration position on the Commit-
tee replacing Kaitlyn Minnick; and,
Whereas Tribal Council also be-
lieves it is appropriate to accept the
recommendation of Indian Head
Casino management to appoint
Kaitlyn Minnick to the Committee
representing Indian Head Casino
and replacing current Committee
member, Margie Tuckta; and,
Whereas Tribal Council also be-
lieves it is appropriate to accept the
recommendation of Warm Springs
Ventures management to appoint
Sandra Danzuka to the Commit-
tee representing Warm Springs Ven-
tures; now, therefore,
Be it resolved by the Twenty-
Seventh Tribal Council of the Con-
federated Tribes of the Warm
Springs Reservation of Oregon,
pursuant to Article V, Section 1(l)
and (u), of the Tribal Constitution
and By-Laws, and Section
375.130(1)(a) of the Warm Springs
Tribal Code that the Tribal Council
hereby amends WSTC Section
375.150(1)(a) regarding “Member-
ship” on the Workers Compensa-
tion Committee by removing the
two positions on the Committee rep-
resenting WSFPI and adding a po-
sition on the Committee represent-
ing Warm Springs Ventures; and,
Be it further resolved by the
Tribal Council pursuant to WSTC
Section 375.130(1)(a) that Eliza-
beth Sato is hereby appointed to the
Committee as a representative of
Tribal Administration, Kaitlyn
Minnick is hereby appointed to the
Committee as a representative of
Indian Head Casino, and Sandra
Danzuka is hereby appointed to the
Committee as a representative of
Warm Springs Ventures. (Resolution
no. 12,304)
April 12, 2017
Gorge 2020
plan at
Tribal Council
Tribal Council met with the ex-
ecutive director of the Columbia
River Gorge Commission regarding
a new long-range plan for the
Gorge. Tribal Governmental Affairs
director Louie Pitt, a former Gorge
commission, joined the discussion
of the Gorge 2020 plan.
The Confederated Tribes have
a variety of significant interests at
the Columbia Gorge. Usual and ac-
customed treaty fishing sites are
there, as are cultural resources such
as petroglyphs and first foods.
The Gorge is a National Scenic
Area, with plan guiding resource
protection and development. The
plan is updated every 10 years, with
2020 being the target date for a new
plan, said Gorge commission execu-
tive
director
Krystyna
Wolniakowski.
The meeting with Tribal Council
last week was an initial chance to
hear tribal input on the management
plan.
Fish habitat is a tribal priority,
said Council chair man Austin
Greene Jr. Mining activity at the
Gorge, and oil transport by rail are
concerns of the tribe, the chairman
said.
Councilwoman
Brigette
McConville said a growing problem
is conflict between people using the
river for recreation—wind surfing
and recreational boating, for in-
stance— versus tribal fisher people.
Nets have been cut, both acciden-
tally and on purpose, she said.
In the past there was an under-
standing and cooperation between
the wind surfers and the fishermen,
but this is no longer the case, said
Councilman Raymond Tsumpti.
Councilman Jody Calica men-
tioned that the federal government
is planning to build tribal housing at
the river, as replacement for villages
that were flooded by the dams. This
would be an item to keep in mind
as the new Gorge plan is being de-
veloped, he said.
Tribal issues will be brought up
at the Gorge Commission meeting
in June, Ms. Wolniakowski said.
Council suggested that Louie Pitt
can the tribal resource to develop
the initial comments.
Penny Carnival
coming up
Warm Springs Recreation, with
Head Start and Early Head Start,
invite you to the annual Penny Car-
nival, April 26 from 5 to 7 p.m. at
the community center. This is a
chance to celebrate the Week of the
Young Child with a bake sale, games
and fun.
Booth space is available. Call
Carol Sahme at 541-553-3243.
Mother’s Day
Revival
Who can find a virtuous
woman? For her price is far
above rubies. - Proverbs
31:10.
Strength and honor are
her clothing; and she shall
rejoice in time to come. -
Proverbs 31:25.
Mother’s Day is a spe-
cial time to connect with
family. What better way to
honor Mom than around
God’s word?
Join us as we learn more
about our Great God and
how we can worship Him in
spirit and truth.
Visit the Warm Springs
Full Gospel Church on May
12 and 13 at 7 p.m., and
May 14 at 10 a.m. The
guest speaker will be
Prophetess
Pamela
Ferguson.