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Spilyay Tymoo, Vol. 44, No. 20, Oct. 09, 2019

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Spilyay Tymoo, Vol. 44, No. 20, Oct. 09, 2019 PO Box 489 Warm Springs, OR 97761 ECR WSS SpilyaySpilyaySpilyay TymooTymooTymoo Postal Patron U.S. Postage October 9, 2019 - Vol. 43, No. 21 PRSRT STD Warm Springs, OR 97761 Coyote News, est. 1976 October – Anwicht’ash – Fall - Tiyam Landmark case at half a century 2020 After the time immemorial suit Sohappy v. Smith—with the tribes in 1855 reserved the tribes’ there was no way to predict budget there are certain years of signifi- combined U.S. v. Oregon—issued exclusive rights to fish in waters what future conditions or cance to the tribes: his decision. The dispute in the running through their reservations events might come into play The year 1805 when the Lewis case—now called simply U.S. vs. Or- and at ‘all usual and accustomed that could require the parties to posting and Clark expedition arrived at the egon–was in regard to the tribal share places, in common with the citizens come back to court,” explained tribes’ Nixluidix trading area at of the annual fisheries harvest. of the United States. Mr. John Ogan, tribal attorney. The Tribal Council last week the Columbia River. Eighteen- The judge ruled in favor of the And the parties have made approved by motion the posting of fifty-five when the tribes agreed tribes and the U.S., which joined the The case established fundamen- use of this continuing jurisdic- the proposed 2020. District and to the Treaty. Nineteen-thirty- suit against the state on behalf of tal court precedent that exists in tion—asking the court to re- General Council meetings can be eight when the tribes adopted the the tribes. The judge ruled the tribes present day tribal fishing rights. solve questions and disputes as expected later this month, or early Constitution and By-Laws, estab- have a treaty right to a fair share of Another aspect of the case: they arose—especially in the November at the latest. lishing the first Tribal Council. the harvest. As summarized: The federal court in U.S. v. Or- initial decades following the This was a challenging budget And in more recent decades is egon kept the case open—exercis- 1969 ruling. In addition, the for Council, Management and Fi- the year 1969—one half-century Judge Belloni ruled that state ing continuing jurisdiction—as the U.S. v. Oregon management nance, with $1.4 million in pro- ago. regulatory power over Indian fish- parties worked toward implement- plans, including the 2019 plan, jected cuts. At their meeting last It was in 1969 that federal ing is limited, because treaties be- ing the ruling. The judge kept the are made court orders. week, Council decided to keep the Judge Robert Belloni in the law- continuing jurisdiction “because Senior Pension payment at the cur- tween the United States and the See U.S. v. Oregon on page 9 rent level. This could be accom- plished through an additional divi- dend payment from an enterprise. As part of the budget process Wolves this year, Council asked depart- ments to present cuts at various add more levels, from 10- to 30 percent. This required difficult decisions, to pups be discussed with the membership in the Secretary-Treasurer budget message, and at the upcoming com- At least ten wolf pups were munity meetings. born this year to two separate The focus this year on reserva- packs in Central and Western tion infrastructure needs—brought Oregon. One of the packs— into focus by the summer water the White River—lives and crisis—required discussion of how dens on a remote part of the to address the water and wastewa- Warm Springs Reservation. ter systems, and the needs of solid This summer the tribes’ waste disposal and sanitation. Branch of Natural Re- Council members discussed at sources captured trail cam- length the question of whether the era footage of wolves with tribes must charge customers for the White River pack rearing these services. The Tribal Coun- six new pups. cil members agreed that monthly This was a large litter, as fees of $15 each for water, sewer usually two to four pups can Oregon Department of Fish and Wildlife and trash pickup—for households be expected, said Austin Smith Adult and pups of the Indigo pack, photo captured by Oregon Fish and Wildlife. that actually use these services— Jr., wildlife biologist with tribal appears to be the viable option in Natural Resources. moving forward. The Indigo pack ranges in Wolves in these areas of Or- Natural Resources this its second litter, as these wolves This would be a completely new Lane and Douglas counties. egon are protected under the year is planning to place a just arrived in the area within the approach for the tribes. How to Another pack, the Rogue, lives Endangered Species Act. tracking collar on one of the past couple of years. implement the idea will be a ques- in Jackson and Klamath coun- Oregon’s wildlife agency es- White River wolves, to better Meanwhile, the Oregon De- tion for the coming months. understand the pack’s territory partment of Fish and Wildlife ties. At least one additional lone timated the wolf population at and travel habits. reported recently that four wolf lives in Lake County. the end of 2018 to be 137 in- The six pups born this year pups had been born to the In- More packes live in North- dividuals in 16 packs, with a to the White River pack were digo pack. eastern Oregon. total of 15 breeding pairs. For flu season Flu season is here, while Warm Springs Community Health offers ‘Essential Understandings’ looks at sovereignty help in combating the highly con- tagious illnesss. The Warm Springs Education Since Time Immemorial. Sover- Background and, more importantly, over- Flu activity often begins to in- Branch has developed the docu- eignty. History. Tribal Govern- Tribes interact independently in sees and directs the necessary crease in October and November. ment that will guide the teaching ment. Identity. Lifeways. Lan- government to government rela- funding for key areas for At least one case has already been of the tribal curriculum in the pub- guages. Treaties with the United tionships with other tribes, the tribes. reported in Jefferson County. lic schools of the region. The States. Genocide, Federal Policy federal government, states and There are three types of Community Health recom- Warm Springs team—Culture and and Laws. counties. Tribes also interact with sovereign governments in the mends that most people get a flu Heritage, elders and others giving Here is a look at the obser- school districts, cities, businesses, United States: Federal govern- shot in October; so now is a good input—also worked with the state vations of Essential Understand- non-profits, higher education in- ment, state governments, and time for the painless vaccination. Department of Education and ing 2: stitutions, and other non-govern- tribal governments: Community Health will be out other tribes in developing this ini- mental organizations. The federal government in the community giving the flu tial work. Sovereignty It is important to note, how- derives its power from the shots. They were at the Senior The document is called Essen- Native American Nations ex- ever, that not all tribes choose to People—its voting citizens. Program earlier this week, and tial Understandings of Oregon Native ercise their inherent right to self- exercise all powers as a sovereign State governments derive will be at the Warm Springs Americans—Tribal History, Shared governance. This tribal sover- government. For example, a tribe their sovereignty power from Academy Open House. The History. eignty predates the existence of might choose its own judicial sys- the U.S. federal government. open house is this Wednesday This is the introductory docu- the U.S. government and the state tem and court system due to ca- Tribal nations derive sover- evening, October 9 from 5:30 to ment that will lead to the curricu- of Oregon. pacity or financial restraints, and eignty from the people, the 7:30, with dinner at 5:30. lum to be taught in the public Tribal governments are sepa- would instead choose to work with land, and their relationships; Community Health is planning schools, in response to state and rate and unique sovereign nations the county or state to provide tribal sovereignty was not a gift a visit to the Early Childhood federal education laws requiring with powers to protect the health, those services in their area. from any external government, Education Center on October teachers to present a fair tribal safety and welfare of their citi- It is also important to note that and though it is not defined by 17, and to the Museum at Warm perspective to all students. zens, and to govern their lands, the federal government still retains the constitution, it is recognized Springs the next day. In early The chapters in Essential Un- air and water. the ultimate authority or ‘trustee’ by the constitution. November they will be at the derstandings include these topics: over all federally recognized tribes Compensation and Benefits Fair. See SOVEREIGNTY on page 9 Page 2 Spilyay Tymoo, Warm Springs, Oregon October 9, 2019 Community Halloween events beginning this week T here will be plenty of ployee Costume Contest corner of the parking lot en- things for young people and at the Community Center, trance will be blocked to ve- families to do for Hallow- from 11:45 a.m. to 12:45 p.m. hicle traffic, allowing walkers een over the coming weeks, Halloween evening will see on at 4 p.m. for safety of the starting this Friday, October the Spooky Ooky Addams youth.
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