Wood cutting

WARM SPRINGS TRIBAL CODE

CHAPTER 451

WOODCUTTING

Table of Contents

451.001 Legislative History and Purpose
451.010 Definitions
451.100 Permits Required
451.110 Transportation of Wood Products on Reservation
451.120 Types of Permits
451.125 Cost of Paid Permit
451.130 Persons Eligible for Permits
451.140 Approval, Authority for Permits
451.150 Contents of Permit
451.155 Compliance with Conditions of Permit
451.160 Permits Are Non–Transferrable
451.165 Revocation of Permit
451.200 Enforcement Responsibility
451.210 Display of Permit
451.215 Confiscation of Products
451.220 Permittees to Carry Permit
451.225 Hearings for Civil Infractions
451.300 Penalties
451.310 Seizure of Security
451.320 Removal from Reservation
451.500 Privilege Tax

WARM SPRINGS TRIBAL CODE

CHAPTER 451

WOODCUTTING

451.001 Legislative History and Purpose.

Timber is one of the most abundant and valuable natural resources on the Warm Springs Reservation. The management, control, and preservation of this resource is of vital importance to the Tribes. The Tribal Council believes that it is important to establish fair and just laws regulating the harvesting of wood products on the Reservation, recognizing that persons and entities other than Warm Springs Forest Products Industries may have legitimate interests in harvesting and using wood products on the Reservation.

This Chapter is intended to regulate those uses through the establishment of a permit system. It is the intent of the Tribal Council that the permit system be consistent with the regulations and practices of the Bureau of Indian Affairs, including those contained in 25 C.F.R. – Part 163.

451.010 Definitions. 

1. “Wood Cutting” means any taking of wood products, including green wood, dry wood, dead wood, boughs, cones, poles, posts, and any other products cut or removed from Tribal lands not covered by a contractual agreement with the Confederated Tribes of the Warm Springs Reservation.
2. “Tribal Land” means all land within the exterior boundaries of the Warm Springs Reservation held in trust for the Confederated Tribes. Such lands do not include allotments and fee land.
3. “Cord” means 128 cubic feet. A stack of wood four feet high by four feet wide by eight feet long equals one cord.
4. “Value of Products” means the value of wood products computed using the rates set forth in WSTC 451.125.
5. “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 on the Reservation who is recognized by the community as an Indian, including a Canadian Indian or an Alaska native.

451.100 Permits Required.

No person shall engage in wood cutting upon Tribal lands without a valid wood cutting

451.110 Transportation of Wood Products on Reservation. 

All nonmembers transporting wood products on the Reservation must have in their possession a permit issued under this chapter, a valid bill of sale, or if the wood products originated from outside the Reservation, a transportation certificate and/or state or federal permit in a form complying with Oregon Revised Statutes and/or appropriate federal statutes or regulations.

451.120 Type of Permits.

The following types of permits may be issued.

1. Free Use Permits: Free Use Permits will be issued at no charge for wood cutting when the products are to be used only for local personal use and/or for Tribal cultural activities. No products taken pursuant to a Free Use Permit shall be sold or traded.
2. Paid Permit: Paid Permits shall be issued for wood cutting on Tribal land in cases in which the permittee sells or trades all or a part of the products taken pursuant to the permit. Products taken pursuant to a paid permit may also be used for personal use.

451.125 Cost of Paid Permit.

The minimum cost for a Paid Permit shall be $10.00. The cost of Paid Permits for various products shall be as follows:

1. Tribal Members and Tribal Enterprises

:

1  Standard cord contains 128 cubic feet; 4 foot long wood piled 4 foot high and 8 foot long, or equivalent cubic foot content.
2 $5.00 per cord rate for shake bolts is for both personal use and for commercial sale.

2. Non–Members: Costs to be paid by non–members shall be negotiated on a case by case

The Tribal Council or Timber Committee may, by resolution, adjust the cost of permits as conditions change.

451.130 Persons Eligible for Permits.

The following persons shall be eligible for wood cutting permits:

1. Tribal members,
2. Tribal Enterprises,
3. Non–profit organizations, and
4. Other persons approved by the Tribal Council on a case by case basis.

451.140 Approval, Authority for Permits.

1. Approval of Free Use wood cutting Permits may be made as follows: (a) Free Use Permits to Tribal members and Tribal Enterprises may be approved by the Tribal Council, the Timber Committee, the Forest Manager, or the Acting Forest (b) Free Use Permits to non–profit organizations and non–Tribal members may be approved by the Tribal Council or the Timber
2. Approval of Paid wood cutting Permits may be made as follows: (a)Paid Permits issued to Tribal members entitling them to take wood products with a value of $500 or less may be approved by the Tribal Council, the Timber Committee, the Forest Manager, or the Acting Forest (b) All other Paid Permits may be approved by either the Tribal Council or the Timber.

451.150 Contents of permit.

Wood cutting permits shall contain the following information:

1. The name of the permittee,
2. The location from which wood products may be removed,
3. The amount, species, and type of wood products that may be removed under the permit,
4. The time period for which the permit shall be valid, and
5. Any further conditions established by the authority approving the permit.

451.155 Compliance with Conditions of Permit.

The permittee shall comply with all conditions contained on the permit and all provisions of this Chapter. Failure to do so shall subject the person to the penalties established in WSTC 451.300.

451.160 Permits Are Non–Transferrable.

No person receiving a permit pursuant to this Chapter shall be entitled to transfer the permit without the written consent of the approving authority.

451.165 Revocation of Permit.

The permit of any permittee failing to comply with the conditions of the permit or the provisions of this Chapter may be revoked by the approving authority.

In addition, all wood cutting permits are subject to emergency revocation by order of the Forestry Department. Emergency revocation shall be effective upon public notice published in the Tribal newspaper or posted in public places about the Reservation. Emergency revocation shall be ordered only upon direction of the Tribal Council.

451.200 Enforcement 1

1. The Warm Springs Police Department and the Bureau of Indian Affairs Law Enforcement Services shall have primary responsibility for the enforcement of the provisions of this Chapter. They shall be assisted by the Tribal Natural Resources Department and all other federal employees on the Warm Springs Reservation.
2. Any member of the Warm Springs Police Department or the Bureau of Indian Affairs Law Enforcement Services may issue a citation to a person for a violation of this Chapter at any place within the external boundaries of the reservation. In addition, a private person may commence an action pursuant to this Chapter by following the procedures set forth in WSTC 310.150.

451.210 Display of Permit.

Upon request by a member of the Forestry Department, the Natural Resources Department, the BIA special officer, or the Warm Springs Police Department, the permittee shall display his Wood Cutting Permit for inspection.

451.215 Confiscation of Products.

All wood products taken in violation of the conditions of a permit or taken when no permit has been issued or in violation of any of the provisions of this Chapter may be confiscated by the enforcing authority and disposed of as directed by the Timber Committee or Tribal Council.

451.220 Permittees to Carry Permit.

Permittees shall have available their permit for inspection at all times while taking products pursuant to a permit.

451.225 Hearings for Civil Infractions.

In the case of prosecutions for civil infractions, the defendant shall either appear in Tribal Court at the time indicated in the summons or prior to such time and shall deliver to the Court the summons, together with a check, cash or money order in the amount of bail set forth in the summons, and enclosing therewith: (a) A request for a hearing; or (b) A statement of matters in explanation or mitigation of the offense charges; or (c) The executed appearance, waiver of hearing and plea of guilty appearing on the summons. A statement of explanation or mitigation also may be included with the guilty plea.

If the defendant requests a hearing, the Court shall fix a date and time for the hearing and shall, at least five days in advance of the hearing, mail to the defendant notice of the date and time so fixed. If the defendant shall fail to appear for the hearing, the Court shall be entitled to presume that the defendant does not contest the charges and may enter a finding that the defendant is guilty, just as if the defendant had appeared and been found guilty.

451.300 Penalties.

1. Civil Penalties. Any person violating the provisions of this Chapter commits a civil infraction punishable by fine or exclusion from the Reservation pursuant to WSTC Chapter 300. The infraction shall be punishable by a maximum fine of $500.00. The trial of any such infraction shall be by the Court without a jury and the prosecution shall have the burden of proving the alleged infraction by a preponderance of the evidence. There shall be no appeal from a judgment involving such an infraction.
2. Criminal Penalties. Any Indian violating the provisions of this Chapter may be found guilty of a crime and subject to a maximum penalty of six month’s confinement and/or a $500 fine.

451.310 Seizure of Security.

In the discretion of the citing officer, the officer may seize such property in the possession of the defendant as the officer deems reasonably necessary to secure payment of any fine which may be levied upon the defendant upon conviction of the infraction or crime. The officer shall, at the time of seizure, give to the defendant a receipt accurately describing the items seized. The officer shall further advise the defendant of his right to post security pursuant to WSTC 200.725. The seizure and disposition of security pursuant to this Chapter shall be conducted in accordance with the provisions of WSTC 200.700 through WSTC 200.750.

451.320 Removal from Reservation

The citing officer may remove or escort from the Reservation any person committing a violation of this Chapter other than Reservation residents and employees of the Confederated Tribes or the federal government.

451.500 Privilege Tax.

Non–members shall pay a privilege tax of $25.00 to obtain a paid permit pursuant to the provisions of WSTC 700.030.

1 WSTC 451.200(1) and WSTC 451.200(2) were amended by Tribal Council Resolution No. 6444 adopted on April 20, 1983.