Page 2
Spilyay Tymoo, Warm Springs, Oregon
Court victory in treaty rights case
The U.S. Supreme Court
this week handed down a
decision respecting and pro-
tecting off-reservation treaty
reserved hunting rights.
The case, Wyoming vs.
Herrara, originated in Wyo-
ming, but the Confederated
Tribes of Warm Springs
were among the several
tribes paying close attention
to the outcome.
The language of the 1868
treaty in Wyoming vs. Herrara
is similar to the Confeder-
ated Tribes Treaty of 1855;
so the court decision in the
case could have precedent
for Warm Springs and other
Northwest tribes.
Warm Springs and these
other tribes in the region
filed a legal brief support-
ing the tribal interest in Wyo-
ming vs. Herrera.
The facts of the case cen-
ter around the Crow Tribe
Treaty of 1868, and the right
reserved by the Crow to con-
tinue to hunt off-reservation
on “unoccupied lands.”
The lands that Wyoming
claimed were now “occu-
pied” are the Big Horn Na-
tional Forest adjacent to the
Crow reservation. Clayvin
Herrera is an enrolled Crow
tribal member.
The court held that the
hunting rights for the Crow
tribe under a 19th Century
treaty did not expire when
Wyoming became a state. Mr.
Herrera faced charges for
off-season hunting in Bighorn
National Forest in Wyoming.
Similarly, the Confeder-
ated Tribes of Warm Springs
Treaty of 1855 pre-dates
Oregon statehood by four
years. So Wyoming vs. Herrera
could have set a controlling
precedent effecting Warm
Springs off-reservation hunt-
ing, fishing and gathering
rights.
Tribal Council authorized
legal counsel to support
Herrera and the Crow tribe
in the case.
“We felt it critical to sup-
port the Crow Tribe,” said
tribal attorney John Ogan. A
decision in favor of the state
of Wyoming, Mr. Ogan said,
could have had “terrible po-
tential negative consequences
for the Warm Springs off-res-
ervation hunting rights.”
Specifically, for instance,
the Whitman and Deschutes
National Forests could have
been deemed as “claimed”
and no longer available to
tribal member hunters.
In a 5-4 vote, with Trump
appointee Gorsuch siding
with the “liberal” wing of the
Court, the majority ruled that:
Admission of a state into
the Union does not imply ab-
rogation of treaty hunting
rights; and Congress simply
creating a “forest reserve” by
establishing a national forest
does not render that land “oc-
cupied.”
Council seeks to fill committee positions
The Twenty-Eighth
Tribal Council of the Con-
federated Tribes of Warm
Springs is advertising the
following:
Culture and Heritage
Committee: Six tribal
member positions. Two
members each, Wasco,
Warm Springs and Paiute.
Candidate should be
community-oriented and
possess a positive rapport
with the community. Must
have an interest in the tribal
cultural and heritage.
Understanding and ap-
preciation of, and the capa-
bility to interpret traditional
activities of the community.
Possess some under-
standing of the tribal orga-
nizational structure and
functions.
Education Commit-
tee: Three tribal member
positions.
Ser ve as an advisory
body to the Tribal Council
in the development of edu-
cational programs and op-
portunities for tribal mem-
bers. Reviews and recom-
mends educational services
offered through tribal, state
and federal agencies.
Health and Welfare
Committee: Three tribal
member positions.
Review and recommend
to the Tribal Council on
health and welfare service
delivery systems, legislation
development and imple-
mentation on federal and
state levels.
Review policies affecting
health and welfare services
to tribal members. Direc-
tion of service systems, pro-
posed projects and compre-
hensive health planning
methods.
Land Use Planning
Committee: Three tribal
member positions.
Review requests for land
use permits, zoning ordi-
nance changes and possible
comprehensive plan updates.
Willing to work with other
committee’s on updates on
the IRMP.
Range, Irrigation and
Agriculture Committee:
Three tribal member posi-
tions.
Review and recommend
to the Tribal Council on
range ordinances, review
proposed range units, pro-
grams and projects.
Review conditional use
per mit applications, en-
forcement of regulations
and water resource develop-
ment on ranges.
Timber Committee:
Three tribal member posi-
tions.
Review and recommend
to the Tribal Council on poli-
cies in regards to timber
permits, sales of timber and
forest products, not more
than 30 million board feet;
review of areas to be logged,
methods of harvest and uti-
lization.
Review and recommend
environmental protection
laws, tribal and federal man-
agement plans.
Fish and Wildlife Com-
mittee (on- and off-reserva-
tion): Six tribal member po-
sitions.
Person should be able to
review and recommend to
the Tribal Council on quite
a number of projects and
meetings dealing with: Pa-
cific Salmon Commission,
Pacific Fisheries Manage-
ment Council, Columbia
River Management Plan
which has a direct bearing
Water Control Board
The Confederated
Tribes of Warm Springs
is seeking interested per-
sons who are willing to
serve on the three-mem-
ber Water Control
Board. Interested can-
didates must submit the
following documents no
later than Tuesday, June
14, 2019:
Letter of interest and
resume, background and
credit check forms. Ap-
plicants can pick up the
credit and background
check forms at executive
management; or down-
load at:
http://bit.ly/
CTWSOBoardCommittee
INFo
Sumbit to Michele
Stacona, Secretary-Trea-
surer-CEO, PO Box 455,
Warm Springs, 97761.
on our treaty fishing rights,
also on hunting and fishing
seasons and regulations for
on the reservation
Please note: Tribal
Council is still reviewing
tribal committees: Whether
still separate as listed, or
combine committees, pend-
ing charter, ordinance and
resolution that each commit-
tee follows; directives. Em-
ployees require supervisor
approval to serve, submit
with applications.
Letters of interest and
resumes of applicants in-
terested in ser ving on a
Tribal Committee, submit to
the following address no later
than 5 p.m. on Friday, June
7, 2019. Mail to:
Michele Stacona, Secre-
tary-Treasurer/CEO
P.O. Box 455
War m Springs, OR
97761
Authorization letter will
be mailed to all applicants
for a criminal background
check to be completed and
returned to Secretary-
Treasurer’s office.
I n f o r m at i o n w i l l b e
submitted confidentially
t o t h e S e c r e t a r y - Tr e a -
surer/CEO.
May 22, 2019
Summaries of Tribal Council
May 6
Roll call: Chief Delvis
Heath, Chief Joseph
Moses,
Raymond
Tsumpti,
Brigette
McConville,
Lola
Sohappy, Wilson Wewa,
Anita Jackson, Glendon
Smith, Lincoln Jay
Suppah, and Raymond
Moody. Minnie Yahtin,
Recorder.
Election of Officers:
· Raymond Tsumpti,
by secret ballot is the
Twenty-Eighth Tribal
Council Chairman.
· Lola Sohappy is the
Twenty-Eighth Tribal
Council Vice Chair.
· Motion by Anita to
advertise the Secretary-
Treasurer, Chief Opera-
tions Officer and Associ-
ate Judge for 45 days.
Second by Glendon.
Question: 10/0/0, Chair-
man not voting. Motion
carried.
· Motion by Brigette
for 30-45 days to sched-
ule a discussion of the
Chief Operations Officer
position, to decide
whether or not we con-
tinue this position and/or
advertise for the position.
Second by Wilson. Ques-
tion: 10/0/0, Chairman
not voting. Motion car-
ried.
Motion by Anita to go
into executive session to
discuss the Associate
Judge, Secretary-Trea-
surer and Chief Opera-
tions Officer positions.
Second by Glendon.
Question: 8/0/0, Chair-
man not voting. Motion
carried.
Miss Warm Springs
update.
May Agenda.
· Motion by Brigette
approving the May
agenda, Subject to
change. Second by Anita.
Question: 10/0/0, Chair-
man not voting. Motion
carried.
Minutes and sum-
maries:
· Consensus to list
names and how each
Tribal Council member
votes (yes, no, or abstain).
Quorum:
· Motion by Wilson
that the Twenty-Eighth
Tribal Council accept ac-
countability by having
five members present
and have the Chair and/or
Vice Chair present to consti-
tute a quorum. Second by
Anita. Glendon/yes, Joe/yes,
Raymond Moody/yes, Lin-
coln/yes, Brigette/yes,
Anita/yes, Wilson/yes,
Delvis/yes, Lola/yes, Chair-
man not voting. Motion car-
ried.
Motion by Anita to ad-
journ at 3 p.m. Second by
Brigette. Meeting adjourns.
May 9
Roll call: Chief Delvis
Heath, Chief Joseph Moses,
Chief Alfred Smith Jr., Chair-
man Raymond Tsumpti Sr.,
Vice Chair Lola Sohappy,
Brigette McConville, Wilson
Wewa Jr., Raymond Moody,
Lincoln Jay Suppah, Anita
Jackson, and Glendon Smith.
Elizabeth Miller, Recorder.
Capital infrastructure,
water and wastewater up-
dates.
Sanitation and landfill
update.
Capital infrastructure
update continued.
With no further discus-
sion the meeting adjourned
at 5 p.m.
May 13
Roll call: Chief Delvis
Heath, Chief Joseph Moses,
Chief Alfred Smith Jr., Chair-
man Raymond Tsumpti, Vice
Chair Lola Sohappy, Brigette
McConville, Wilson Wewa Jr.,
Anita Jackson, Glendon
Smith, Lincoln Jay Suppah,
and Raymond Moody.
Minnie Yahtin, Recorder.
Secretary-Treasurer up-
date.
Administrative Service
update:
· Records Center.
· Vital Statistics.
· Legal Aide.
· Probate – (had to leave
due to court hearings).
· Human Resources:
· Personnel.
· Comp and Benefits.
· Benefits program.
Finance update.
Government Affairs up-
date.
Managed Care update.
Purchasing update.
· Community Assistance
update.
. General and administra-
tion update.
Request for financial as-
sistance for the Language
Bowl:
· Motion by Anita ap-
proving the request to
pay for expenses for the
language coaches and
judges. Motion failed
due to lack of a second.
Tribal
Council
meetings:
· Motion by Wilson to
meet tomorrow morning
only, pending the dress-
ing, and Wednesday is
cancelled in respect to
the family, and to move
those agenda items to
end of the month and
move the proclamation
and priorities to the June
schedule. Second by
Raymond Moody. Ques-
tion: 8/0/0, Chairman
not voting. Motion car-
ried.
Motion by Anita to
adjourn at 5:03 p.m.
May 14
Roll cal: Chief Joseph
Moses, Chief Alfred
Smith Jr., Chair man
Raymond Tsumpti, Vice
Chair Lola Sohappy, Wil-
son Wewa Jr., Anita Jack-
son, Glendon Smith, Lin-
coln Jay Suppah, and
Raymond
Moody.
Minnie Yahtin, Recorder.
Executive session 9
to 9:50 a.m.
Resolutions:
· Motion by Joe
adopting Resolution No.
12,593
appointing
Raymond Tsumpti as
voting delegate and
Glendon Smith as the
alternate to the National
Congress of American
Indians. Second by Anita.
Question: 8/0/0, Chair-
man not voting. Motion
carried.
· Motion by Glendon
approving Anita to at-
tend the Affiliated Tribes
of Northwest Indians
Conference (ATNI). Sec-
ond by Joe. Question: 8/
0/0, Chairman not vot-
ing. Motion carried.
·
Motion
by
Raymond Moody adopt-
ing Resolution No.
12,594
appointing
Raymond Tsumpti as
voting delegate, and
Anita as an alternate to
the Affiliated Tribes of
Northwest Indians. Sec-
ond by Joe. Question: 8/
0/0, Chairman not vot-
ing. Motion carried.
Summary continues
on page 8