Resolutions of Tribal Council
Carbon
sequestration
Whereas the Confederated
Tribes of the Warm Springs Res-
ervation of Oregon has entered
the carbon sequestration market
through the California Cap and
Trade Program based on the
Tribe’s Improved Forestry Man-
agement Project (“Project”); and,
Whereas the closure of Warm
Springs Forest Products Industries
by the Twenty-Sixth Tribal Coun-
cil has created a need for new and
additional sources of trust rev-
enue; and,
Whereas Federal regulations at
25 CFR Section 115.002 define
“trust assets” to include “natural
resources” held in trust by the fed-
eral government for the Tribe, and
further define “trust resources” as
“any element or matter directly
derived from Indian trust prop-
erty” and define “trust funds” as
“money derived from the…use
of…trust resources…”; and,
Whereas Carbon sequestration
involves the management of cer-
tain Warm Springs tribal forests
through the Project to produce
carbon offset credits for market-
ing in California’s Cap and Trade
Program; and,
Whereas the Tribal Council
believes that Warm Springs car-
bon offset credits are a “trust re-
source” that is “directly derived
from Indian trust property” and
the revenue from the sale of
Warm Springs carbon offset cred-
its is “money derived from the use
of trust resources”, as defined in
25 CFR Section 115.002; and,
Whereas the Tribal Council
further believes, pursuant to the
25 CFR Section 115.002 defini-
tions of “trust resources” and
“trust funds” that the revenue re-
sulting from the sale of Warm
Springs carbon offset credits in
the California Cap and Trade Pro-
gram must be treated by the U.S.
Department of Interior as “trust
funds” and therefore entitled to
the legal treatment accorded such
revenues under federal law; now,
therefore,
Be it resolved by the Twenty-
Seventh Tribal Council of the
Confederated Tribes of the Warm
Springs Reservation of Oregon,
pursuant to Article V, Section 1
(a),(f),(l) and (u) of the Tribal Con-
stitution and By-Laws, that it is the
position of Tribal Council that
revenue from the sale of carbon
offset credits directly derived from
management of Warm Springs
tribal forests are entitled to treat-
ment by the U.S. Department of
Interior as “trust funds” as defined
by 25 CFR Section 115; and,
Be it further resolved that the
Twenty-Seventh Tribal Council
urges the U.S. Department of In-
terior to expressly state the
Department’s acceptance of rev-
enue from the sale of War m
Springs carbon offset credits as
“trust funds” eligible for deposit
in the Tribe’s trust account. Reso-
lution no. 12,405.
Commissary
business project
Whereas the Tribal Council is
the governing body of the Confed-
erated Tribes of the Warm Springs
Reservation of Oregon; and,
Whereas the Tribal Council rec-
ognizes the need for Historic Pres-
ervation of buildings and sites of
historic significance on the Reser-
vation; and,
Whereas the Tribal Council
manages the economic affairs of
the CTWS and recognizes the need
to strengthen the small business
economy of the Reservation; and,
Whereas the Twenty-Seventh
Tribal Council was informed that
the previously approved Resolution
No. 4650 approved by the Four-
teenth Tribal Council of the Con-
federated Tribes of the Warm
Springs Reservation of Oregon,
passed on 27 th day of May, 1976,
recommended that the Commis-
sary Building, a two-story, 4,927
square foot, wood frame building
located downtown dating from the
late 19 th century, along with nine ad-
ditional sites on the Reservation,
be recommended for Historic
Preservation; and,
Whereas the Warm Springs
Downtown Development Plan of
2005, commissioned by the (22 nd )
Tribal Council and prepared by the
Mitchell Nelson Group, LLC, calls
for the CTWS to take steps to clear
a new site for Commissary Build-
ing, move the building, develop
structural and architectural plans
for a new foundation and renovated
interior, seek and obtain funding
to move and renovate the build-
ing, and establish a committee that
will provide ongoing oversight and
programming of activities and
maintenance; and,
Whereas the Warm Springs
Downtown Development Plan of
2005 describes the downtown core
of Warm Springs as having “prob-
lems that are all too evident – lack
of commercial activity, deteriorat-
ing buildings, little opportunity” that
“could continue well into the fu-
ture” if these problems are not ad-
dressed; and,
Whereas a 2016 community
survey conducted by the Warm
Springs Community Action Team
(WSCAT) of 50 existing and as-
piring Warm Springs small business
owners indicated that lack of re-
tail sales space and office space,
having no buildings to work out
of and no downtown business dis-
trict in which to operate, and no
density of businesses to attract cus-
tomers interested in buying more
than one thing, or receiving more
than one service, were strong bar-
riers to business success and eco-
nomic development; and,
Whereas the Strategic Infra-
structure Improvement Plan,
dated April 2014, commissioned
by the Twenty-Sixth Tribal Coun-
cil and prepared by Cascade De-
sign Professionals, recommends
the creation of a $1.915 million,
12,000 square foot small business
incubator in downtown Warm
Springs; and,
Whereas there is no office
space in downtown Warm Springs
for privately-owned businesses;
and,
Whereas the Warm Springs
Community Action Team
(WSCAT), which has worked to
promote small business through in-
dividual development accounts
(IDAs), small business courses,
coaching, and mentorship, and the
creation of an outdoor market, has
applied for and received a 3-year,
$840,681 grant from the Admin-
istration for Native Americans to
promote small business through
the development of a small busi-
ness incubator, the provision of 60
IDAs for aspiring small business,
and the provision of small busi-
ness courses for 80 community
members; and,
Whereas WSCAT has received
$68,360 in pro bono services from
Hacker Architects, Walker Macy
Landscape Architects, and DCW
Cost Management to create a fea-
sibility study package, architectural
designs, and a budget estimate,
based upon the wishes and per-
spectives of community members
and leaders, and preserving the his-
torical integrity of the Building;
now, therefore,
Be it resolved by the Twenty-
Seventh Tribal Council of the
Confederated Tribes of the Warm
Springs Reservation of Oregon,
pursuant to Article V, Section 1
(f),(l),(n), and(s) of the Tribal Con-
stitution and By-Laws, that the
WSCAT, in partnership with the
Secretary-Treasurer/CEO of the
Tribal Council and his or her des-
ignee, be directed to take further
steps necessary to develop the
Commissary Building, including
fundraising to pay for moving and
renovating the building, overseeing
the design and construction pro-
cesses necessary to complete the
project, and ensuring that appropri-
ate, fair processes exist to determine
who will utilize the space; and,
Be it further resolved that
WSCAT be assigned a 10-year re-
newable lease, from January 1,
2018 – December 31, 2027 to ac-
complish the above steps and to
manage the Commissary Building as
a small business incubator. Resolu-
tion no. 12,404.
Be it further resolved that the
Chairman or Vice-Chairman and
Secretar y-Treasurer/CEO are
hereby authorized to execute the
necessary documents for and on be-
half of the Confederated Tribes of
the Warm Springs Reservation of
Oregon to keep on the Reservation
and in the possession of the Tribe
all records of original allotment
owners and other historic records.
Resolution no. 12,402.
Buy-Back
Economic
stewardship
Whereas the Confederated
Tribes of the Warm Springs Reser-
vation of Oregon has entered into
a Cooperative Agreement with the
Land Buy-Back Program for Tribal
Nations (“Program”) to implement
land consolidation by offering to pur-
chase fractionated interests on Al-
lotted lands; and,
Whereas the Program may, in
addition, include offers for fraction-
ated land interests on tracts with im-
provements within the boundaries
of the Warm Springs Indian Reser-
vation (“Reservation”) if a lease is
recorded in the Bureau of Indian
Affairs, Land Title and Records,
Northwest Regional Office; and,
Whereas the Tribes acknowledges
that while improvements themselves
will not be acquired through Program
offers, their existence will be consid-
ered in determining the fair market
value of the underlying tract of land;
and,
Whereas the Tribes acknowl-
edges that all Program purchases
will transfer into tribal trust owner-
ship and are subject to the terms
of existing leases and encumbrances
on the land; and,
Whereas the Tribes requests
that the Program include offers for
fractionated interests on tracts with
improvements on the Reservation
in the case of tracts without a re-
corded lease; and,
Whereas the Tribes will provide
lease opportunities to individuals liv-
ing on tracts with improvements
without a recorded lease; now, there-
fore,
Be it resolved by the Twenty-
Seventh Tribal Council of the Con-
federated Tribes of the War m
Springs Reservation of Oregon,
pursuant to Articles 1(c), V(a)(c)(j)
and VIII of the Tribal Constitution
and By-Laws, that the Tribal Coun-
cil requests that the Land Buy-Back
Program for Tribal Nations include
offers for fractionated interests on
tracts with improvements without
a recorded lease, and, will provide
lease opportunities to individuals liv-
ing on such tracts; and,
Whereas, through Resolution
No. 11,289, the Tribal Council rec-
ognized that the Confederated
Tribes of Warm Springs is faced
with significant economic pressures
and must seek new economic ven-
tures to maintain existing, and de-
velop new, sources of revenue for
the Tribes and create family wage
employment opportunities for Tribal
Members and affiliates; and,
Whereas, to address these con-
cerns in part, the Tribal Council, also
through resolution No. 11,289, es-
tablished the Economic Stewardship
Initiative and funded the Initiative
with an appropriation that included
initial funding for an Economic
Stewardship Coordinator and other
capacity building elements; and,
Whereas the funds appropri-
ated for the Economic Stewardship
Initiative’s Coordinator and other
capacity building elements are finite;
and,
Whereas in order for the Eco-
nomic Stewardship Initiative to con-
tinue to be operated in a manner
that is best structured for success,
continued funding beyond the ini-
tial appropriation must be made
available to support the Economic
Stewardship Initiative and other el-
ements of the capacity building
component; 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, Section 1(f),
(l) and (t) of the Tribal Constitu-
tion and By-Laws, that the Tribal
Council hereby authorizes the Sec-
retary-Treasurer/CEO to utilize in-
terest and equity earned on invest-
ments, to support continued opera-
tion of the Economic Stewardship
Initiative; and,
Be it further resolved that the
Economic Stewardship Initiative will
be reviewed annually to determine
progress and continued operation
of the program; and,
Be it further resolved, this reso-
lution rescinds Resolution No.
12,235. Resolution No. 12,399.