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Spilyay Tymoo, Warm Springs, Oregon
Resolutions of Tribal Council
For KWSO
Whereas the Confederated
Tribes of Warm Springs Reserva-
tion is the owner and licensee of
KWSO, a public radio station li-
censed to Warm Springs, Oregon;
and,
Whereas KWSO is an affiliate
in good standing with Oregon Com-
munity Radio, an association of non-
commercial radio stations; and,
Whereas the mission of Oregon
Community Media is to strengthen
local independent media to better
serve diverse communities; and,
Whereas KWSO benefits from
Oregon Community Media initia-
tives to increase station capacity;
and,
Whereas the Tribal Council sup-
ports KWSO in their service to the
community; now therefore,
Be it resolved by the Twenty-
Seventh Tribal Council of the Con-
federated Tribes of Warm Springs,
in accordance with tribal ordinance
no. 84 (WSTC 702) and (WSTC
105) Article VII, do hereby support
the affiliation and commitment of
KWSO with Oregon Community
Media. Resolution no. 12,420.
Carbon credits,
trust assets
Whereas the Confederated
Tribes of Warm Springs Reserva-
tion of Oregon has entered the
carbon sequestration market
through the California Cap and
Trade program based on the tribes’
Improved Forestry Management
Project; and,
Whereas the closure of the
Warm Springs Forest Products In-
dustries by the Twenty-Sixth Tribal
Council 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 de-
rived from Indian trust property”
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 car-
bon offset credits for marketing in
California’s Cap and Trade Pro-
gram; and,
Whereas the Tribal Co8uncil be-
lieves that Warm Springs carbon
offset credits are a “trust resource”
that is “directly derived from Indian
trust property” and the revenue
from the sale of Warm Springs car-
bon offset credits 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 definitions
of “trust resources” and “trust
funds” that the revenue resulting
from the sale of Warm Springs
carbon offset credits in the Cali-
fornia Cap and Trade program
must be treated by the U.S. De-
partment 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 Con-
federated Tribes of warm Springs,
pursuant to Article V, Section 1 (a),
(f), (l) and (u) of the Tribal Consti-
tution and By Laws, that it is the
position of the Tribal Council that
revenue from the sale of carbon
offset credits directly derived from
management of Warm Springs tribal
forests are entitled to treatment 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 Inte-
rior to expressly state the
department’s acceptance of rev-
enue from the Warm Springs car-
bon offset credits as “trust funds”
eligible for deposit in the tribes’ trust
account. Resolution no. 12,405.
January 17, 2018