Spilyay Tymoo, Warm Springs, Oregon
July 31, 2019
Summary of Tribal Council
July 20, 2019
The meeting was called to
order at 9:13 a.m. by Chair-
man Raymond Tsumpti.
Present: Chief Delvis Heath,
Chief Joseph Moses, Anita
Jackson, Glendon Smith, Lin-
coln Jay Suppah, and
Raymond (Captain) Moody.
Minnie Yahtin, Recorder.
Letter regarding Office
of Special Trust:
· Motion by Anita ap-
proving the letter to Tara
Sweeney, Assistant Secretary-
Indian Affairs Department
of Interior, July 23, 2019
from the Tribe signed by
Chairman Tsumpti regarding
the Office of Special Trust
responsibilities. Second by
Captain. Question: 5/0/0,
Chairman not voting. Motion
carried.
June Financial Over-
view.
Attorneys update.
· Executive session, 10:50-
12:05 (no Minutes or Re-
cording).
Federal Legislative Up-
date Call.
State Legislative Update
Call.
Resolution:
· Motion by Captain
adopting Resolution No.
12,610 approving the Union
Pacific written Mediation
Confidentiality Agreement,
including the limited waiver
of sovereign immunity of
the Tribe in substantially
similar form to that in Ex-
hibit “A”;
Authorizes the Secretary-
Treasurer to execute the Me-
diation Confidentiality Agree-
ment on behalf of the Tribe.
Second by Anita. Question:
5/0/0, Chairman not voting.
Motion carried.
Resolutions:
· Motion by Glendon
adopting Resolution No.
12,611 approving and adopt-
ing the amended Plan of
Operations of Warm Springs
Construction Enterprise in
“Exhibit A”. Second by Cap-
tain. Question: 4/0/1, Anita/
Abstain, Chairman not vot-
ing. Motion carried.
· Motion by Anita adopt-
ing Resolution No. 12,612
approving the Memorandum
of Agreement (Indian Health
Service and the Confeder-
ated Tribes of warm Springs)
and authorizes the Chair, Vice
Chair or Secretary-Treasurer
of Tribal Council to execute
the Memorandum of Agree-
ment in any form that sub-
stantially conforms to the
form attached to this resolu-
tion.
The Chair of Tribal Coun-
cil is delegated the authority
to designate from time to
time, a representative with
the authority to act for the
Tribe and coordinate its par-
ticipation in implementing the
Improvements as provided in
the Memorandum of Agree-
ment; Second by Glendon.
Question: 5/0/0, Chairman
not voting. Motion carried.
Essential Understand-
ing SB13:
· Motion by Anita adopt-
ing Resolution No. 12,613, as
amended, that the Essential
Understandings document is
hereby endorsed and sup-
ported; that all efforts to en-
sure the survival of the tra-
ditions, culture, and heritage
of the Warm Springs Tribes
through documentation, cre-
ation of speakers, securing
archival information, are es-
sential and vital to the sover-
eignty and history of the
tribes, that the Education
branch and the Culture and
Heritage department will con-
tinue its efforts through
grants, partnerships, develop-
ment of materials, and stra-
tegic plans that respect the
strict control of ownership
of the language, culture, and
traditions of the War m
Springs, Wasco, and Northern
Paiute people, and approving
the letter to be signed by
Chairman Tsumpti to the
Oregon Department of Edu-
cation Director, Colt Gill.
Second by Glendon. Ques-
tion: 5/0/0, Chairman not
voting; Motion carried.
Tribal Council travel re-
ports:
· Chairman Tsumpti gave
a report from the Columbia
River Treaty meeting held in
Boise.
· Glendon gave a report
from the Deschutes River
Alliance meeting and Fisher-
ies meeting.
Motion by Captain to ad-
journ at 3:31 p.m.
Western Cicada Killer spotted in W.S. area
The Western Cicada Killer
insect has been spotted in the
Warm Springs area, among
other Central Oregon loca-
tions.
The Western Cicada Killer
can be big—up to 2 inches
in length.
The numerous recent
sitings have prompted mul-
tiple inquiries at the OSU
Extension Center.
The Western Cicada Killer
is often mistakenly identified
as a hornet. Its robust body
and large size can alarm any-
one recognizing it as a wasp,
but its focus is not on hu-
mans: The Western Cicada
Killer focuses on the mid-air
insects that will feed its
young.
The wasp is native to the
western U.S. states and
Mexico. The Western Ci-
cada Killer is one of four
kinds of Cicada Killers.
People are seeing them in
unusually high numbers be-
cause there is an outbreak
of cicada in central Oregon.
The important thing to
remember with these wasps
is that while they can sting,
they are not aggressive and
are not a threat to humans.
As long as we do not step
on them, swat or harass
them, they are likely to just
go about their business of
hunting cicadas and drinking
nectar from flowers or hon-
eydew from aphid infested
Courtesy OSU Extension
Western Cicada Killer.
shrubs and trees.
These large wasps are ef-
ficient hunters of the loud,
plentiful, and nutritious ci-
cadas that buzz through
summertime. They attack
flying cicadas, a noisy battle
that can sometimes be heard
by the humans below. The
adult females will kill cica-
das to feed their offspring
and the male and female
adults drink nectar from
flowers.
Cicada Killers appear as
adults often in July, and are
mostly seen visiting flowers
or digging burrows in sandy
or light soil.
The species nests in the
ground and stocks its nest
with cicadas.
As in many insect spe-
cies, the males appear as
adults first, and mating
takes place when adult fe-
males emerge from the soil.
After mating, females se-
lect a site and being digging
a burrow. Favorite sites are
embankments, under side-
walks and roadsides.
Females burrow into the
soil for approximately ten
inches, with a channel of
about half an inch.
Oval chambers are exca-
vated at the end of the bur-
row, large enough to accom-
modate a few individual ci-
cadas.
The female then seeks a
cicada, apparently by vision
rather than sound, suggested
because the majority of her
prey are female cicadas,
which make no sound.
Cicadas are usually cap-
tured in flight. Cicadas are
paralyzed by the venom of
the wasp’s sting, and will re-
main alive during the feed-
ing of the wasp larvae.
After stinging the cicada,
the female wasp carries it
back to her burrow, some-
times a hundred yards away.
Without the presence of
trees or shrubs, she will walk
on the ground.
The female Cicada Killer
lays one egg in a cell with
one, two or three cicadas,
then seals the chamber. Ci-
cada Killers adhere to the
normal pattern of solitary
wasps by mass provisioning
their brood cell.
The cells are prepared
and completed one by one.
Enough food is provided in
the cell for the larva to sur-
vive until pupation.
Rarely solitary wasps en-
gage in progressive provi-
sioning, which involves car-
ing for several cells at one
time and adding food daily
to each cell during the
growth of the larvae. The
eggs of the Cicada Killer
hatch in two or three days,
producing larvae that feed
for about two weeks, which
then spin a cocoon of silk
mixed with sand or soil.
The pupal case is held in
the center of the cell by silk
strands, and the cocoons re-
main in the chamber through
the winter, with emergence
as adults in the following
summer.
The OSU Extension of-
fice located at 850 NW Dog-
wood Lane in Madras, just
north of the Airport off
Hwy 26, accepts insect and
plant samples for submission
to the Master Gardener pro-
gram for identification and
disease diagnosis. For more
information visit:
www.si.edu/spotlight/
buginfo/cicada-killer-wasps
Page 7
Resolution:
Water safety
Whereas the Confeder-
ated Tribes of Warm Springs
Reservation of Oregon is a
federally-recognized tribe
who operates the War m
Springs Public Water System,
located on the reservation,
providing water for human
consumption; and
Whereas the system
serves approximately 3,800
persons including residential,
commercial, day care, school,
senior center and medical cen-
ter users; and
Whereas the system is
supplied by surface water
from the Deschutes River,
which is treated with conven-
tional filtration at its Dry
Creek Treatment Plant; and
Whereas the United
States Environmental Protec-
tion Agency is vested with the
authority to enforce the re-
quirements of the Safe
Drinking Water Act; and
Whereas the Safe Drink-
ing Water Act requires a sani-
tary survey of the system
every three years, and a sani-
tary survey was conducted on
July 18, 2018; and
Whereas on November
27, 2018 the EPA provided
the tribe with written notice
of significant deficiencies in
its system and a copy of the
July 18, 2018 sanitary survey
report, and the tribe did not
timely correct the significant
deficiencies or provide a cor-
rective action plan that in
EPA’s determination could be
approved; and
Whereas the EPA has is-
sued an Administrative Order
on Consent for the system
(attached to the resolution),
asserting Safe Drinking Wa-
ter Act regulatory jurisdiction
over the tribe with respect to
the significant deficiencies
identified for the system; and
Whereas the tribe desires
to cause the system to rem-
edy the significant deficien-
cies and comply with related
requirements as provided by
the consent order; and
Whereas by voluntarily
entering into the consent or-
der to tribe waives adminis-
trative or judicial review re-
garding the matters addressed
in the consent order, but does
not otherwise waive any ar-
gument about the regulatory
jurisdiction of the Safe
Drinking Water Act over the
sovereign tribe; and
Whereas to effectuate the
consent order the tribe desires
to exercise its sovereign im-
munity by granting a limited
waiver of sovereign immu-
nity; now therefore
Be it resolved by the
Twenty-Eighth Tribal Coun-
cil of the Confederated Tribes
of Warm Springs, pursuant
to Article V, Section (1)(a) and
(l) of the tribal Constitution
and By-Laws, that the Tribal
Council approves the at-
tached exhibit and authorizes
the Tribal Council Chair, Vice
Chair or Secretary-Treasurer/
CEO to execute a finalized
version of the attached ex-
hibit; and
Be it further resolved by
the Tribal Council that the
Tribal Council agrees to waive
the tribe’s sovereign immunity
for the limited purposes of
this agreement under the
terms contained in the con-
sent order as authorized by
Warm Springs Tribal Council
Chapter 30.
Lamprey (from page 6)
Whereas notwithstanding the State of Oregon’s
failure to abide the process required by the Manage-
ment Agreement , and the tribes’ rejection of the of-
fered State of Oregon ‘permit’, the tribe desires to
maintain a status quo with respect to Willamette Falls
lamprey take regulations to provide for a conserva-
tive harvest, and also to facilitate the resolution of
lamprey harvest issues at Willamette Falls at a man-
ager-to-manager level in the appropriate United States
v. Oregon process rather than through litigation, the
tribe will regulate its treaty lamprey harvest as it has
in prior years; now therefore
Be it resolved by the Twenty-Eighth Tribal Coun-
cil of the Confederated Tribes of Warm Springs,
pursuant to Article V, Section 1(l) and (u) of the Tribal
Constitution and By-Laws and Warm Springs Tribal
Code Section 340.300 that the 2019 eel fishery regu-
lations are hereby approved and enacted by the Tribal
Council of the Confederated Tribes of the Warm
Springs Reservation.
Resolution no. 12,599.
A safety message from Special Trustee office
The following is a helpful
message from Charles Jackson
of the Warm Springs Office
of the Special Trustee.
Mobile check deposit has
fast become one the most
convenient ways to deposit a
check: Simply snap a photo
of the front and back of the
check and deliver the image
through the mobile check
app.
The check is deposited
without having to visit a
branch or ATM.
But we also want you to
be well informed about the
potential for fraud with mo-
bile check deposit.
Fraudsters are devising
new check scams while pos-
ing as prospective employers
or lenders.
How the scam works
Fraudsters contact their
victims through email or so-
cial media, posing as a po-
tential employer or lender.
This contact may also be
done through posting a job
advertisement through an
online site such as Craigslist.
The fraudster will
oftentimes provide the vic-
tim with an opportunity to
earn quick money by de-
positing a check to your ac-
count, or by asking for help
in moving money from
overseas.
The fraudster will further
request your bank account
information, and may even
ask for your online or mo-
bile banking login and pass-
word.
The fraudster uses the in-
formation to deposit a fake
check.
Once the deposit has been
made, the scammer will re-
quest funds to be immedi-
ately transferred back to
them via money order, per-
son to person transfer, wire
transfer, reloadable cards or
even gift cards.
After funds have been
sent to the scammer, the
check or checks that were
deposited will be returned
and the funds will be re-
moved from the victim’s ac-
count, causing a loss to the
victim.
Protect yourself
Avoid falling prey to
these scams by following
these few simple steps:
· Never give out per-
sonal information to strang-
ers. This includes your debit
card number, PIN, bank
account number, and any
online or mobile banking
login information.
· If you are offered
money in exchange for your
personal information, it’s
likely a scam. Don’t pro-
ceed. Scammers could leave
you owing thousands.
· Check your online
bank statements regularly. If
you see something unfamil-
iar, call your bank or credit
union immediately.
· If you apply for a work-
from-home job by email or
online and the first thing they
do is send you a check to
cash then request you to re-
turn some or all of the money
to them, it’s most likely a
scam.
If You Suspect Fraud
If you suspect a check is
fraudulent, don’t deposit it.
Remember, if the offer
seems too good to be true, it
probably is.
If you believe you have
been the victim of a
fraudster, contact your local
police department immedi-
ately and notify your finan-
cial institution as soon as pos-
sible. They can place addi-
tional safeguards on your ac-
count.