Spilyay Tymoo, Warm Springs, Oregon
January 13, 2021
Resolutions of Tribal Council
Water systems
Whereas the Confederated
Tribes of Warm Springs Reser-
vation of Oregon is a federally-
recognized tribe with responsibili-
ties to its members, lands and re-
sources; and
Whereas the tribe wishes to
enter into three contracts to as-
sist in the funding of a series of
Warm Springs water and waste-
water system upgrades:
1. Water Infrastructure Im-
provements for the Nation Act
(WIN) grant contract no.
C2020651 with the state of Or-
egon acting by and through its
Oregon Business Development
Department for Water System
Improvements (exhibit A to this
resolution);
2. Grant agreement number
C2020522 with the state of Or-
egon acting by and through its
Oregon Business Development
Department for Emergency
Board Allocation for Water Sys-
tem Improvements—Water In-
frastructure Improvements for
the Nation Act (WIN), Small
and Disadvantaged Communi-
ties Drinking Water Program
match (exhibit B to this resolu-
tion); and
3. Grant agreement number
C2020650 with the state of Or-
egon acting by and through its
Oregon Business Development
Department for Confederated
Tribes of the Warm Springs Wa-
ter and Wastewater System Im-
provements (exhibit C to this reso-
lution); and
Whereas the grant con-
tracts—exhibits A, B and C—con-
tain limited waivers of tribal sov-
ereign immunity; and
Whereas the purpose of the
limited waiver of tribal sovereign
immunity is so that the grant con-
tracts would be judicially enforce-
able in a court of proper jurisdic-
tion; and
Whereas the Tribal Council
has been advised by the Secretary-
Treasurer/CEO that the limited
waiver of tribal sovereign immu-
nity is necessary in order to com-
plete the grant contracts; and
Whereas the Tribal Council be-
lieves that the grant contracts are
in the best interests of the tribes
and its members; now therefore,
Be it resolved by the Twenty-
Eighth Tribal Council of the Con-
federated Tribes of the Warm
Springs Reservation of Oregon,
pursuant to Article V, Section l(f),
(l) and (u) of the Tribal Constitu-
tion and by-laws, and pursuant to
Warm Springs Tribal Code sec-
tion 30,004(l) that the Tribal
Council hereby approves the
grant contracts—exhibits A, B
and C to this resolution—includ-
ing the limited waivers of tribal
sovereign immunity set out in the
grant contracts; and
Be it further resolved that the
Tribal Council hereby authorizes
the Tribal Chair, Vice Chair, or
Secretary-Treasurer/CEO to sign
and execute the grant contracts on
behalf of the tribe, and authorizes
these authorized representatives or
their designate to take or cause to
be taken all acts, including but not
limited to execution of all certifi-
cates on behalf of the tribe to per-
form and carry out the grant con-
tracts. (Resolution 12,757 - Decem-
ber 18, 2020)
Health services
Whereas the Confederated
Tribes of Warm Springs Reserva-
tion of Oregon operate programs
pursuant to the Indian Self-Deter-
mination Agreement with the Bu-
reau of Indian Affairs and the In-
dian Health Service; and
Whereas the Tribal Council has
historically augmented a number
of programs that could or would
be authorized under the agree-
ments, through the use of tribal
revenues due to the lack of ad-
equate funding available under the
agreements; and
Whereas the Tribal Council rec-
ognizes that tribal revenues are in-
adequate to finance programs and
services at the level identified
within the 2020 year budget, and
for the year 2021 at current bud-
get level; and
Whereas the Tribal Council de-
sires that those programs and ser-
vices that may be continued
through 2021 by making planned
allocation of Health Services Fund
collections (‘third party billing’);
now therefore,
Be it resolved by the Twenty-
Eighth Tribal Council, pursuant to
Article V, Sections (l), (a), (d), (l)
and (u) of the Tribal Constitution
and by-laws, that the Secretary-
Treasurer/CEO is hereby autho-
rized and directed to take such ac-
tions as are necessary to provide
for the allocation of Health Ser-
vices Fund collections (third party
billings) for the calendar year 2021
as indicated in the exhibit A to this
resolution; and to program such
savings as are expected at the end
of calendar year 2020 for the one-
year budget plan for the year 2021.
(Resolution no. 12,756 - December
18, 2020)
Seniors Fund
Whereas the Tribal Council has
established the Warm Springs Se-
nior Distribution Fund for the pur-
pose of providing payments to
tribal members who have attained
the age of 60; and
Whereas it is the stated policy
of the Tribal Council that the fund
be managed with the objective of
being self-sustaining; however, has
failed to do so in previous years
due to distribution being in excess
of earnings; and
Whereas the Tribal Council
has reviewed the Senior Distri-
bution Fund and the estimated
amounts needed to provide for
distribution payments in the fu-
ture; and
Whereas the recommended
benefit payments for calendar year
2021 be $300 per month to all se-
niors reaching the age of 60; and
Whereas the approximate
amount of $2,052,000 is recom-
mended for expenditure for the
purpose of providing such pension
payments to approximately 570
tribal members for calendar year
2021; and
Whereas the recommended
approximate expenditure of
$2,052,000 from the fund is not
consistent with the long-term ob-
jectives of the fund and is pro-
jected to be fully expended during
2021 if new revenue is not gener-
ated to sustain the program; now
therefore,
Be it resolved by the Twenty-
Eighth Tribal Council of the Con-
federated Tribes of Warm Springs
Reservation of Oregon, pursuant
to Article V, Section l(f) of the
Tribal Constitution and By-laws as
amended, that an amount not to
exceed $2,052,000 is hereby au-
thorized for expenditure from the
Senior Distribution Fund for Cal-
endar Year 2021. (Resolution no.
12,750 – December 11, 2020)
Forestry
Whereas the Forest Manage-
ment Deduction Funds from tim-
ber sales available for intensive
forest management activities is es-
timated at $559,058 for the calen-
dar year beginning January 1, 2021
and ending December 31, 2021;
and
Whereas the Branch of Natu-
ral Resources has presented a bud-
get for the Warm Springs Inten-
sive Forest Management Program
for the period stated above; and
Whereas the Forest Manage-
ment Deduction Funds contains
carry-over dollars each year, and
these dollars are reprogrammed in
the next calendar year’s Forest
Management Deduction Budget,
and for 2021 the carry-over
amount is estimated to be
$330,000; and
Whereas the Forest Manage-
ment Deductions Funds available
for intensive forest management
activities in 2021 consists of the
estimated Forest Management
Page 7
Snowpack close to normal
Snowpack levels in Oregon
are close to normal, though
may not be enough to stave
off drought. A recent report
says winter has brought plenty
of snow to Oregon’s mountain
ranges.
However, early-season gains
in snowpack likely won’t make
up for a very dry year in many
parts of the state. More than
two-thirds of Oregon is experi-
encing severe drought or worse
heading into 2021.
The Natural Resources Con-
servation Service will publish its
first water supply report of the
year on January 1.
Opportunity for W.S. youth
Heart of Oregon Corps is now
accepting applications for winter
2021. AmeriCorps begins in Feb-
ruary.
Heart of Oregon AmeriCorps
is a three-month program designed
to engage young adults ages 17-24.
Members learn leadership and con-
servation skills through natural
resources projects in Central Or-
egon. Members must be able to
commit to five days a week.
Deadline to apply is February
1. Youth from Warm Springs are
welcome and encouraged to apply,
as many young people have done
successfully in the past. For infor-
mation call 5431-633-7834. For
YouthBuild questions call 541-526-
1380. And see heartoforegon.org
Fatal wreck in Jan. closed
highway for hours on reservation
A long stretch of Highway 26
on the reservation was closed for
more than five hours, following a
fatal motor vehicle accident.
Thirty miles of the highway
were closed for five and a half
hours, as traffic was redirected to
highways 216 and 197/97. The
accident happend at milepost 77.
Tribal emergency responders
and Oregon State Police were on
the scene. The investigation found
that a 33-year-old Lake Stevens,
Washington man was killed: Ryan
Ranson was pronounced deceased
at the scene.
Two other vehicles were in-
volved. The nine people in the
other vehicles were not injured.
According to the investigation,
Mr. Ranson was heading east when
he sideswiped an oncoming SUV
driven by a Beaverton man, then
collided with an oncoming pickup
driven by another Washington state
man.
Deductions of $229,058, plus the
estimated $330,00 carry-over dol-
lars for an estimated total of
$559,058; for the 2021 Forest
Management Deduction Funds
available; now therefore,
Be it resolved by the Twenty-
Eighth Tribal Council of the Con-
federated Tribes of Warm Springs
Reservation of Oregon, pursuant
to Article V, Section l(d) of the
Tribal Constitution and by-laws as
amended, that the amount of
$559,058 is approved for funding
of the Warm Springs Intensive
Forest Management Program, as
shown on exhibit A to this resolu-
tion; and
Be it further resolved that
such funds shall be reimbursed
from timber sales no later than
quarterly to the Confederated
Tribes from Forest Management
Deduction account; and
Be it further resolved that ex-
penditures for intensive forest man-
agement activities pursuant to the
exhibit shall:
Be consistent with the tribes’ In-
tensive Forest Management Fund
Policy; and
Be in compliance with Public
Law 1C1-630, the National Indian
Forest Resources Management Act;
and Not exceed 7 percent of gross
timber sale income or revenue.
(Resolution no. 12,751 – December
11, 2020)