Wild and scenic rivers

WARM SPRINGS TRIBAL CODE

CHAPTER 401

WARM SPRINGS WILD AND SCENIC RIVERS ACT

Table of Contents

401.001 Legislative History and Findings
401.010 Definitions
402.100 River Protection Standards
401.110 Designation of River Protected Areas
401.112 Scope of Off-Reservation Rights Protected
401.115 River Protection Area Boundary Designations
401.120 Forest Management Within River Protection Areas
401.130 Range Management Within River Protection Areas
401.140 Allotments Located Within River Protection Areas
401.145 Responsibility for Administration of River Protected Areas
401.150 Coordination with Federal and State River Planning Efforts

WARM SPRINGS TRIBAL CODE

CHAPTER 401

WARM SPRINGS WILD AND SCENIC RIVERS ACT

401.001 Legislative History and Findings. Some of the most unique and remarkable rivers in the State of Oregon are located on the Warm Springs Reservation. The Confederated Tribes have used a variety of means to protect these areas. Forest lands and rivers in sensitive areas have been placed in “conditional use” areas. The Warm Springs Zoning Code, Chapter 460, has established wilderness zones and special protected area zones. In 1971, the Confederated Tribes established a one-quarter mile scenic zone along its rivers and prohibited any building within those zones. The Confederated Tribes are in the process of preparing an integrated resources management plan to insure the best possible use of all Reservation lands.

The United States and the State of Oregon have also undertaken substantial river protection and planning efforts. Both the State Scenic Waterways Act and the Federal Wild and Scenic Rivers Act have included portions of rivers bordering the Reservation. The Confederated Tribes have participated in cooperative planning efforts to develop plans for a wide variety of rivers including the Deschutes and Metolius rivers. Plans developed under state law do not apply within the borders of the Reservation. The Oregon Omnibus Wild and Scenic Rivers Act of 1988 passed by the U.S. Congress provides that Tribal and individual trust lands cannot be included within the river planning area without the consent of the Tribal Council

This Warm Springs Wild and Scenic Rivers Act provides the mechanism by which Tribal lands will be managed for river protection. Tribal sovereignty is maintained over Tribal lands while at the same time insuring that river planning areas involving more than one jurisdiction will be subject to a consistent system of river management.

401.10 Definitions.

1. “Territory of the Confederated Tribes” means all lands and waters within the exterior boundaries of the Warm Springs Indian Reservation and all lands outside the Warm Springs Indian Reservation owned by the Confederated Tribes, or by the United States in trust for the Confederated Tribes or its members.
2. “Confederated Tribes” means the Confederated Tribes of the Warm Springs Reservation of Oregon.
3. “Tribal Council” means the Tribal Council serving as the governing body of the Confederated Tribes.
4. “River” means a flowing body of water or estuary or a section, portion, or tributary thereof, including rivers, streams, creeks, and small lakes.
5. 402.100 River Protection Standards. River protected areas shall be administered and managed in such a manner as to protect and enhance their natural values. In such administration and management, primary emphasis shall be given to protecting values and attributes that include cultural, historic, archeological, scientific, scenic, and aesthetic features. Management plans for river- protected areas may establish varying degrees of intensity for protection and development, based on the special attributes of the area. River protected areas shall be managed to give primary emphasis on protection of the natural resource. Other uses may be accommodated insofar as they do not negatively impact on the resource.

401.110 Designation of River Protected Areas. The following rivers and the land adjacent thereto are hereby designated as components of the Warm Springs Wild and Scenic Rivers System:

1. Metolius River. The Metolius River from its headwaters to Lake Billy Chinook.
2. Deschutes River. The Deschutes River from its headwaters to its mouth.

401.112 Scope of Off-Reservation Rights Protected. The Confederated Tribes have important off-Reservation rights and interests that are appropriate to receive the protection of this chapter. Those rights and interests include, but are not limited to, the following:

1. Rights to hunt, pasture livestock, and gather roots and berries on unclaimed lands.
2. The exclusive right of fishing in streams running through and bordering the reservation.
3. The right to fish in common at all usual and accustomed stations in common with the citizens of the United States.
4. The right to protect burial grounds, archeological sites, and cultural sites.
5. The rights of landowners of off-reservation lands.

401.115 River Protection Area Boundary Designations. The Tribal Council, after public hearings, shall designate by resolution the boundaries of river-protected areas for rivers designated pursuant to WSTC 401.110.

401.120 Forest Management Within River Protection Areas. Forestlands within river protection areas shall be managed primarily to enhance the natural values set forth in WSTC

401.100. Logging may be authorized by the Tribal Council within protected areas only if consistent with protection and enhancement of these natural values.

401.130 Range Management Within River Protection Areas. Grazing of livestock within river protection areas must be done in a manner consistent with protection and enhancement of the natural values set forth in WSTC 401.100.

401.140 Allotments Located Within River Protection Areas. Owners of trust allotments within river protection areas will be encouraged to manage their lands in accordance with the standards set forth in this Chapter. Acquisition of individual allotments in river- protected areas will be given first priority by the Tribes based on a willing seller basis.

401.145 Responsibility for Administration of River Protected Areas. All Tribal departments, committees, and enterprises shall carry on their activities in a manner consistent with this Chapter. The Tribal Natural Resources Department shall have primary responsibility for planning and administration within river protected areas.

401.150 Coordination with Federal and State River Planning Efforts. Every effort will be made to coordinate tribal wild and scenic river plans with state and federal planning and management efforts. All efforts will be made to ensure that river plans are coordinated and consistent with each other. Plans will be adopted by Tribal Council resolution.