Sherars Bridge management

WARM SPRINGS TRIBAL CODE

CHAPTER 341

SHERARS BRIDGE MANAGEMENT

I. GENERAL
341.001 Legislative History
341.010 Definitions

II. FISHING REGULATIONS
341.110 Non-Indian Fishing.
341.120 Establishment of Sherars Bridge Fish Committee
341.130 Fish Committee Regulations
341.140 Enforcement of Regulations
341.150 Authority of Tribal Council

III. MANAGEMENT PLAN

IV. RULES AND REGULATIONS
341.400 Applicability of Regulation
341.402 Compliance with Regulations, Federal Law, and State Law
341.403 Promulgation of Rules and Procedures
341.405 Issuance of Citations
341.410 Removal of Persons and Equipment
341.415 Violation by Indians
341.420 Interference with Tribal Official
341.422 Night Occupancy
341.424 Motorized Vehicles
341.426 Rafters and Boaters and Persons Using Other Floating Devices
341.428 Pets
341.430 Fires
341.432 Camping Fees
341.433 Maximum Camping Day Length
341.434 Designated Campsites
341.435 Vacating Time and Quiet Hours
341.436 Environmental Damage
341.438 Archaeological Protection
341.440 Vandalism
341.442 Sanitation
341.444 Nuisances
341.446 Fireworks
341.448 Public Address Systems and Metal Detectors
341.450 Blocking Traffic
341.452 Interference with Access
341.454 Violent Conduct
341.456 Alcoholic Beverages
341.460 Hunting and Firearms
341.462 Signs and Concessions
341.464 Waste in River

WARM SPRINGS TRIBAL CODE

CHAPTER 341

SHERARS BRIDGE MANAGEMENT

I. GENERAL

341.001 Legislative History. The Sherars Bridge fishing site on the Deschutes River has great cultural, historic and economic significance to the Confederated Tribes. Prior to the signing of the Treaty on June 25, 1855, between the Tribes of Middle Oregon and the United States, the native peoples signing the Treaty had an established right to fish and occupy the Sherars Bridge Site. The Sherars Bridge Site was within the boundary of the areas ceded to the United States by that Treaty. However, in the Treaty, the Tribes secured to themselves the exclusive right of taking fish in the streams bordering the Reservation, the most important of which is the Deschutes River. Historically, the Tribes have permitted non-Indians to fish in areas of the Deschutes River off the Reservation provided they do so in accordance with state law. In 1979, the Tribes entered into an agreement with the Deschutes Falls Power Company to purchase approximately 888 acres adjoining the Sherars Bridge Site on the Deschutes River. The land was purchased and title to the land was transferred to the United States Government in trust for the Confederated Tribes. It was recognized at that time that the Tribes were accepting primary responsibility for management of the Sherars Bridge Site. Because of heavy usage by Indians and non-Indians for fishing, rafting, sightseeing, and other purposes, numerous management problems, including sanitation, congestion, environmental degradation, and law and order problems, have arisen. In 1988 the Oregon Omnibus Wild and Scenic Rivers Act designated the lower 100 miles of the Deschutes River as a federal Wild and Scenic river. Pursuant to that act, the State Scenic Waterways Act and the Tribal Wild and Scenic Rivers Act a management plan was prepared for the Lower Deschutes, including the Sherars Bridge lands, and adopted in 1993. This Chapter has been amended to make it consistent with the provisions of the Lower Deschutes Wild and Scenic River Plan. It is the purpose of this Chapter to establish a detailed management scheme for the Sherars Bridge Site that will protect the interests of the Confederated Tribes, preserve the natural beauty of the Sherars Bridge Site, manage the area for the benefit of both Indians and non-Indians, and aid in the implementation of the Lower Deschutes River Wild and Scenic River Plan.

341.10 Definitions.

1. “Sherars Bridge Lands” means those lands purchased by the Confederated Tribes of the Warm Springs Reservation by agreement of September 17, 1979, with the Deschutes Falls Power Company and now held in trust by the United States for the benefit of the Confederated Tribes and comprised of approximately 888 acres located adjacent to the Deschutes River in Wasco County.
2. “Sherars Bridge Site” means the portion of the Sherars Bridge Lands that are located in the vicinity of Sherars Bridge and Sherars Falls and are more particularly described in Exhibit A, attached hereto.
3. “Indian” means, unless otherwise specified, a member of the Confederated Tribes of the Warm Springs Reservation of Oregon, or any other person of Indian blood who is a member of a federally recognized Indian Tribe, or any other person who is recognized in the local community as an Indian, including a Canadian Indian or an Alaska native.
4. “Tribal member” means a member of the Confederated Tribes of the Warm Springs Reservation of Oregon
5. “Sherars Bridge Resource Protection Plan of October 9, 2001” means the plan developed by the Managers Group pursuant to the Lower Deschutes Wild and Scenic River Plan adopted in 1993 to manage and protect tribal lands in the vicinity of Sherars Bridge.

II. FISHING REGULATIONS

341.100 Indian Fishing. All fishing by Indians at the Sherars Bridge Site shall be governed by this Chapter and shall be in accordance with regulations established by the Sherars Bridge Fish Committee and the provision of WSTC Chapter 340 “Fishing Code”. The Sherars Bridge Fish Committee shall be authorized to extend the privilege of fishing at the Sherars Bridge Site to nonmember Indians in accordance with custom.

341.110 Non-Indian Fishing. All fishing by non-Indians at the Sherars Bridge Site shall be conducted in accordance with the laws and regulations of the State of Oregon.

341.120 Establishment of Sherars Bridge Fish Committee. There is hereby authorized the establishment of the Sherars Bridge Fish Committee. The Sherars Bridge Fish Committee shall be composed of at least 3 members. Tribal members that are traditional users of the Sherars Bridge Site shall propose to the Tribal Council for the Tribal Council’s approval the membership of the Sherars Bridge Fish Committee.

341.130 Fish Committee Regulations. The Sherars Bridge Fish Committee shall establish procedures for the operation of the Committee and regulations governing fishing by Indians at the Sherars Bridge Site. Such regulations shall include, but are not restricted to, regulation of disputes over fishing site use and location, times of fishing, and means of fishing. Such regulations shall not be inconsistent with the provisions of Warm Springs Tribal Code Chapter 340 “Fishing Code”. Such regulations shall be in addition to the provisions of Warm Springs Tribal Code Chapter 340.

341.140 Enforcement of Regulations. The Sherars Bridge Fish Committee shall have the authority to enforce fishing regulations at the Sherars Bridge Site by traditional means, including temporary or permanent banishment from the Sherars Bridge Site. The Warm Springs Tribal Police are authorized to assist the Sherars Bridge Fish Committee in enforcing fishing regulations at the Sherars Bridge Site.

341.150 Authority of Tribal Council. The Sherars Bridge Fish Committee shall report from time to time, as requested by Tribal Council, to the Tribal Council. The Tribal Council shall have the authority to approve or disapprove any action of the Sherars Bridge Fish Committee.

III. MANAGEMENT PLAN

341.300 Management Plan. The Sherars Bridge Site shall be administered and governed by the Sherars Bridge Resource Protection Plan of October 9, 2001, which is hereby approved, the Lower Deschutes River Wild and Scenic Rivers Plan, the MOU entered into by the Tribe, the BLM and the State of Oregon on April 23, 1993, and this Chapter. In the event of a conflict between the provisions of this Chapter and the Management Plan, this Chapter shall control. The Sherars Bridge Lands, exclusive of the Sherars Bridge Site, shall be administered and governed by the Lower Deschutes River Wild and Scenic Rivers Plan, and the MOU entered into by the Tribe, the BLM and the State of Oregon on April 23, 1993.

IV. RULES AND REGULATIONS1

341.400 Applicability of Regulation. All regulations set forth in WSTC 341.400 through 341.495 shall apply to the Sherars Bridge Site to non-members of the Warm Springs Tribes. Conduct of members is governed by WSTC Chapter 305, “Crimes”, WSTC Chapter 340 “Fishing Code”, and WSTC Chapter 350 “Hunting and Trapping”, and the regulations contained in this chapter only where specifically stated.

341.402 Compliance with Regulations, Federal Law, and State Law. All persons on the Sherars Bridge Site shall comply with the regulations set forth in WSTC Chapter 341, with federal law, and with Oregon state law. Failure to so comply shall be deemed a violation of the provisions of this chapter, and any person committing this violation shall be deemed to be trespassing on the Sherars Bridge Site. This section shall not apply to tribal members.

341.403 Promulgation of Rules and Procedures. The Public Safety administrator shall have the authority to promulgate rules and procedures to carry out the provisions of this chapter, and such rules and procedures shall have the same force and effect as regulations established under this chapter.

341.405 Issuance of Citations. Non-members violating the provisions of this chapter may be issued a citation directing the appearance of that person into the appropriate court, tribal, federal, or state, to answer to the charges. Tribal members may be cited under WSTC Chapter 305 “Crimes”, WSTC Chapter 340 “Fishing Code”, WSTC Chapter 345 “Hunting and Trapping Code” or under the provisions of this chapter that are specifically designated to apply to tribal members.

341.410 Removal of Persons and Equipment. Any person violating the provisions of this chapter may be ordered to leave the Sherars Bridge Site and directed to remove any equipment from the Sherars Bridge Site belonging to, or in the possession of, that person. This order may be given by any member of the Warm Springs Police Department or official of the Confederated Tribes. If the person refuses to so remove her or himself, or the person’s equipment, the person and/or equipment may be removed by a member of the Warm Springs Police Department, and that person will be deemed to be trespassing on the Sherars Bridge Site. Vehicles or equipment that are placed, or remain upon the Sherars Bridge Site in violation of this chapter, are subject to removal at the owners or users expense. This section shall not apply to tribal members.

341.415 Violation by Indians. Any violation of this chapter by an Indian shall constitute a crime and that Indian shall be subject to a maximum penalty of six months confinement and/or a $500 fine.

341.420 Interference with Tribal Official. No person or persons shall obstruct, harass, or interfere with the official duties of authorized tribal officials at any time on the Sherars Bridge Site. This section shall apply to tribal members.

341.422 Night Occupancy. Except where permissible for overnight camping, no person shall enter or remain on the Sherars Bridge Site between the hours of 10:00 p.m. and 6:00 a.m. This section shall not apply to tribal members. Night occupancy by tribal members shall be governed by the rules of the Sherars Bridge Fish Committee.

341.424 Motorized Vehicles. Motorists shall comply with all posted motor vehicle regulatory signs and traffic laws. Motor vehicles shall be operated only on designated roads and parking areas. This section shall apply to tribal members.

341.426 Rafters and Boaters and Persons Using Other Floating Devices. The use of rafts, boats or other floating devices within the Sherars Bridge Site is prohibited except as may be necessary for law enforcement or safety purposes. This section shall apply to tribal members.

341.428 Pets.

1. Dogs, cats, or any other animals brought on or, kept within the Sherars Bridge Site shall be confined in a vehicle or on a leash not more than six feet long and shall be kept under control at all times.
2. The owner or person in possession of a pet shall be responsible for the animal’s behavior and containment and removal of animal’s waste from the Sherars Bridge Site.
3. This section shall apply to tribal members.

341.430 Fires.

1. Open fires and charcoal will be prohibited from June 1 to October 15. Smoking shall be limited to closed vehicles during this time. Periods of fire closure may be extended if conditions warrant.
2. When not prohibited, fire shall be contained in a fire pan or similar device of metal. A fire pan is a metal container with sides at least two inches high to prevent ashes or burning material from spilling onto the ground.
3. Commercially manufactured metal camp stoves and lanterns are permissible for outdoor use only when fueled with bottled liquified petroleum gas (e.g., propane) or liquid gas. Such stoves or lanterns shall be operated in a responsible manner at all times.
4. Burning of any living, dead or down vegetation within the Sherars Falls Site shall be prohibited. This section shall not apply to tribal members. The use of fires by tribal members shall be governed by the rules of the Sherars Bridge Fish Committee.

341.432 Fees. Persons using approved campsites at the Sherars Falls Site must pay to the Confederated Tribes, a fee of $10.00 per night for the use of that campsite. Overnight parking of vehicles shall be considered as overnight camping and the owner or person using the vehicle will be required to pay an overnight camping fee. Visitors in campsites between 7:00 p.m. and 8:00 a.m. are subject to payment of overnight camping fees. A day-use fee of $3.00 per vehicle will be paid to the Confederated Tribes for the use of the Sherars Falls Site. An annual day-use pass will be available for $25.00. This section shall not apply to tribal members.

341.433 Maximum Camping Day Length. No person shall camp at the Sherars Bridge Site for more than fourteen consecutive nights. This section shall not apply to tribal members.

341.434 Designated Campsites. Persons may only camp in designated campsites and shall not exceed the maximum occupancy designated for each site. This section shall not apply to tribal members. Tribal member use of campsites shall be governed by the rules of the Sherars Bridge Fish Committee.

341.435 Vacating Time and Quiet Hours. Vacating time for campsites is 2:30 p.m. The hours of 10:00 p.m. to 6:00 a.m. are designated as quiet hours and campers shall respect the rights of others during these hours to peace and quiet in all designated camping areas. This section shall not apply to tribal members. Vacating time and quiet hour rules for tribal members shall be governed by the rules of the Sherars Bridge Fish Committee.

341.436 Environmental Damage. Plant life, either living or dead, or natural resources of any type shall not be picked, cut, burned, mutilated or removed from the Sherars Bridge Site without written permission of the Tribal Council of the Confederated Tribes. This section shall not apply to tribal members. With regard to tribal members, conduct described in this section shall be governed by the rules of the Sherars Bridge Fish Committee.

341.438 Archaeological Protection. No person shall dig up, deface or remove any soil, rock, historical or fossil materials, Indian artifacts, or materials from the Sherars Bridge Site without permission of the Tribal Council. This section shall apply to tribal members.

341.440 Vandalism. No person shall mutilate, deface, damage or remove any object, structure or facility of any kind on the Sherars Bridge Site. Any person violating this provision shall be liable for damages. This section shall apply to tribal members.

341.442 Sanitation. Garbage, sewerage, refuse, or waste shall be left only in approved containers provided at the Sherars Bridge Site. Waste containers provided at the Sherars Bridge Site are solely for the benefit of the Sherars Bridge Site users and shall not be used for the deposit of waste or refuse generated in the home, business, or by commercial activities. This section shall apply to tribal members

341.444 Nuisances. No person shall use or operate any noise producing machine, vehicle, device, or instrument in a manner that, in the judgment of the Warm Springs Police or tribal official, is disturbing to other Sherars Bridge Site visitors. This section shall apply to tribal members.

341.446 Fireworks. No person shall use fireworks within the Sherars Bridge Site. Fireworks is defined as any combustible or explosive composition or substance or any combination of any such compositions or substances or any other article which was prepared for the purpose of providing a visible or audible effect by combustion, explosion, deflagration or detonation, and includes blank cartridges or toy cannons in which explosives are used, balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, roman candles, bombs, rockets, wheels, colored fires, fountains, mines, serpents, or any other article of like construction or any article containing any explosive or inflammable compound or any tablets or other device containing any explosive substance or inflammable compound. This section shall apply to tribal members.

341.448 Public Address Systems and Metal Detectors. No person other than tribal officials in the conduct of their official duties shall use a public address system or metal detector within the Sherars Bridge Site without the written permission of the Tribal Council. This section shall apply to tribal members.

341.450 Blocking Traffic. No person shall block, obstruct, or interfere with vehicular or pedestrian traffic on any road, parking area, trail, walkway, pathway, or common area. This section shall apply to tribal members.

341.452 Interference with Access. No person shall occupy or interfere with access to any structure, office, lavatory or other facility in a manner that interferes with the intended use of such a structure or facility by Sherars Bridge Site users or tribal employees. This section shall apply to tribal members.

341.454 Violent Conduct. No person shall engage in, promote, instigate or encourage fighting or similar violent conduct that would threaten the physical well being of the public. This section shall apply to tribal members.

341.456 Alcoholic Beverages. The use or possession of alcoholic beverages by any person under 21 years of age within the Sherars Bridge Site is prohibited. This section shall apply to tribal members. The Sherars Bridge Fish Committee may establish further rules with regard to alcoholic beverages.

341.460 Hunting and Firearms.

1. The discharge or use of firearms within the Sherars Bridge Site is prohibited.
2. The use of any other weapon capable of injuring any person or wildlife is prohibited.
3. Hunting, trapping, killing, injuring, or molesting any wildlife or their habitat is prohibited, except by written permission of the Tribal Council of the Confederated Tribes.
4. This section shall apply to tribal members.

341.462 Signs and Concessions.

1. No person shall place signs, publications or written information within the Sherars Bridge Site without the written permission of the Tribal Council of the Confederated Tribes.
2. No person shall operate a concession, solicit, sell, offer for sale, peddle, hawk or vend any goods, wares, merchandise, food, liquids, rental spaces, or services within the Sherars Bridge Site without the prior authorization of the Tribal Council of the Confederated Tribes.
3. This section shall apply to tribal members.

341.464 Waste in River. No person within the Sherars Bridge Site shall throw or place any waste or foreign matter, except fish parts, in the Deschutes River. This section shall apply to tribal members.

1 WSTC Chapter 341 was amended WSTC 341.400 through 341.464 was added by Tribal Council Resolution No. 6651 adopted April 9, 1984.