Range and livestock

WARM SPRINGS TRIBAL CODE

CHAPTER 460

RANGE AND LIVESTOCK ORDINANCE

Table of Contents

I. GENERAL
460.001 Legislative History and Purpose
460.10 Definitions. The following definitions shall apply in this Chapter
460.11 Scope of Chapter
460.12 McQuinn Strip Leases

II. ESTABLISHMENT OF GRAZING AREAS, GRAZING AUTHORIZATIONS, GRAZING GROUPS AND GRAZING PLANS
460.100 Establishment of Grazing Areas
460.102 Establishment of Grazing Groups
460.103 Grazing Group Membership
460.104 Organization of Grazing Group
460.105 Grazing Plan
460.106 Grazing Authorizations
460.107 Contents of Grazing Authorizations
460.127 Grazing Fees
460.140 Grazing Appeals Board
460.145 Grazing Appeals Board Procedure
460.147 Nature of Disputes Considered
460.150 Ridebosses
460.160 Individually–Owned Lands, Assignments and Leases Enclosed by Fence

III. ANIMAL HEALTH, BRAND INSPECTION, BREEDING ANIMAL QUALITY AND DISEASE CONTROL
460.200 Enforcement Responsibility
460.205 Certificates of Health
460.210 Identification of Livestock and Bull Quality
460.215 Brands
460.220 Riding Permits
460.225 Control of Diseased Livestock

IV. LIVESTOCK TRESPASS, MISBRANDING, AND OTHER OFFENSES
460.300 Livestock Trespass
460.305 Misbranding.
460.315 Livestock Slaughter.
460.320 Removal of Livestock
460.325 Livestock Transfer
460.327 Use of False Official Documents and Bills of Sale
460.330 Seizure of Livestock

V. RIDES AND ROUNDUPS
460.400 Application and Approval of Rides and Roundups
460.410 Notice of Ride or Roundup
460.420 Compliance with Order of Person in Charge
460.430 Firearms and Vehicles
460.440 Non–Tribal Member Participation

VI. PENALTIES
460.900 Civil Penalties
460.910 Criminal Penalties
460.920 Seizure of Security

WARM SPRINGS TRIBAL CODE

CHAPTER 460

RANGE AND LIVESTOCK ORDINANCE

I. GENERAL

460.001 Legislative History and Purpose. Chapter 460 is a comprehensive range and livestock ordinance superseding and replacing a number of existing ordinances and resolutions as well as adding new sections. Superseded enactments include Ordinance Nos. 15, 16, 37, 43, 48 and 55, and Resolution Nos. 3769, 3988, 5200, 5201, 5277, 5410 and 5500. Any other resolutions and ordinances that are inconsistent with the provisions of this Chapter are also superseded to the extent that they are inconsistent.

The Tribal Council finds that it is necessary for the Tribes to become more actively involved in the management of their range resources to achieve tribal objectives of increasing employment and income to tribal members from those resources while enhancing the productivity of the resources through multiple use conservation practices.

In order to establish policies that will achieve these objectives, the Tribal Council finds it necessary to adopt the provisions of this Chapter. This ordinance establishes authority for the administration of grazing on lands within the Reservation. It is the intent of the Tribal Council that this Chapter shall supersede the General Grazing Regulations where they differ, as provided in 25 CFR §166.4 which states: “The grazing regulations of this part apply to individually– owned, Tribal, and government lands under the jurisdiction of the Bureau of Indian Affairs, except as superseded by special written instructions from the Commissioner in particular instances, or by provisions of any Tribal Constitution, Bylaws or Charter heretofore duly ratified or approved, or by any tribal action authorized thereunder.”

It is not the intent of the Tribal Council in enacting this Chapter to supersede federal regulations regarding livestock trespass (adopted as 25 CFR §166.24 as of the date of enactment of this Chapter), but rather to establish a dual system of enforcement recognizing that in given factual situations one system may be more effective than the other. For example, the federal system may be more effective in dealing with non–Indian trespassers driving cattle onto the Reservation and the tribal system may be more effective in dealing with disputes involving Reservation residents.

The unallotted lands on the Warm Springs Reservation are held in trust by the United States for the benefit of the Confederated Tribes. Pursuant to Article V, Section 1(l) and of the Tribal Constitution, the Tribal Council has the authority to regulate the uses and disposition of Tribal property. Subsection (n) authorizes establishment of ordinances relating to the use of tribal lands in conformity with Article VIII of the Constitution. Section 3 of Article VIII authorizes leasing and issuance of grazing permits on tribal lands by the Tribal Council with the approval of the Secretary of Interior for such periods of time as are permitted by law. Also, Article V, Section 1(k) empowers the Tribal Council to prohibit the overgrazing of land or other depletion of the capital or natural resources of the Tribes by ordinance.

The Tribal Council believes that it is essential for success in achieving potentials for Reservation–wide improved range and livestock management that individually– owned lands as part of the grazing resource on the Reservation should be administered in a manner compatible with grazing authorizations on tribal lands. It is the intent of the Tribal Council to enter into or recognize user group lease arrangements for grazing on individually–owned lands pursuant to 25 CFR §162––Leasing and Permitting. The Tribal Council believes that it is essential for the success of this plan to appropriate in the regular budgeting process for a five–year period from the date of enactment of this Chapter, sufficient tribal funds to satisfy the payment for grazing on individually–owned lands. The amount to be appropriated will be established annually in the regular budgeting process in accordance with lease contracts in effect on such lands.

In accordance with the Tribal Council’s intent to regulate and authorize grazing on Reservation range land, this Chapter establishes the policies, guidelines, and laws applicable to that purpose.

This Chapter is not intended to govern the control of livestock within the Warm Springs and Simnasho communities and the Kah–nee–ta complex. Control of livestock in those areas shall continue to be governed by Ordinance No. 33 (See WSTC Chapter 345 “Livestock Control in Populated Areas”.)

460.10 Definitions. The following definitions shall apply in this Chapter:

1. “Brand” means a distinctive design, mark or other means of identification applied to a designated location of the hide, wool or skin of a livestock.
2. “Brand inspection” means the Natural Resource Department’s: (a) Examination of the brands, tags, breed, flesh mark, including dewlaps and wattles, earmarks, coloring, sex, age or other distinguishing characteristics of livestock; (b) Examination of documents and other evidence of ownership or right to possession of livestock; and (c) Issuance or refusal to issue a brand inspection certificate.
3. “Brand inspection certificate” means a document issued by the department which shall only be valid for eight days, unless otherwise specified therein, and which includes: (a) The date and place of issuance; (b) The quantity of livestock inspected and a description of the distinguishing characteristics of hides or of livestock examined, including brands, tags, breed and sex; (c) The owner’s name and address and the name of the person to whom issued; (d) The destination of the livestock if transportation thereof is to take place; (e) Designation if the certificate is to: (i) sell, (ii) transport, (iii) transfer ownership, (iv) slaughter, or (v) pasture movement. (f) A signed certification of the department’s individual who has been given authority to brand inspect to indicate examination of described.
4. “Grazing area” means a tract of range land designated as a management unit for administration of grazing. A grazing area may consist of tribal lands, the grazing on which is controlled by the grazing authorization process, individually–owned lands held by lease agreement with individual owners and individually–owned lands used by grazing groups through common–use agreement with the owners.
5. “Grazing authorization” means a revocable privilege granted in writing limited to entering upon and utilizing forage by livestock on designated areas of land. As used herein “grazing authorization” shall include the term “permit” as used in Article VIII, Section 3 of the Constitution and Bylaws of the Confederated Tribes and shall be granted by the Tribes to authorized parties.
6. “Grazing group” means an association, partnership, corporation or other form of organization established for a grazing area by Tribal Council resolution pursuant to Section 460.105 of this ordinance.
7. “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 Alaskan native.
8. “Individually owned land” means land, or any interest therein, held by the United States for the benefit of individual Indians subject to federal restrictions against alienation or encumbrance.
9. “Livestock” shall include cattle, horses, mules, asses, sheep, goats, swine and bison.
10. “Non–member” means any person, Indian or non– Indian, who is not a Tribal member.
11. “Owner” shall include any person owning, keeping, harboring, or having custody, possession or control of any livestock on the Warm Springs Reservation.
12. “Reservation” means all territory within the external boundaries of the Warm Springs Reservation of Oregon.
13. “Ride” means any combined effort of two or more persons to ride for, round up, or take possession of free roaming livestock on Tribal lands.
14. “Secretary” means the Secretary of the Interior or his authorized representative acting under delegated authority.
15. “Superintendent” means the agency Superintendent or such other highest ranking official of the Bureau of Indian Affairs at the Warm Springs agency.
16. “Tribal Brand Book” means the official Tribal record of registered brands.
17. “Tribal Council” means the Tribal Council of Confederated Tribes of the Warm Springs Reservation of Oregon.
18. “Tribal member” means an enrolled member of the Confederated Tribes of the Warm Springs Reservation of Oregon.
19. “Tribes” means the Confederated Tribes of the Warm Springs Reservation of Oregon.

460.11 Scope of Chapter. The provisions of this Chapter shall apply to activities of all persons, including non–Indians, on all lands within the Reservation and all lands owned by the Confederated Tribes outside the Reservation which are adjacent to the McQuinn Strip.

460.12 McQuinn Strip Leases. Nothing in this Chapter shall impair the obligations and rights of the parties to those leases referred to in section 4(b) of Public Law 92–427 enacted on September 21, 1972 returning McQuinn Strip lands to the Confederated Tribes.

II. ESTABLISHMENT OF GRAZING AREAS, GRAZING AUTHORIZATIONS, GRAZING GROUPS AND GRAZING PLANS

460.100 Establishment of Grazing Areas. Grazing area boundaries will be set upon development of grazing area authorizations. The boundaries of each grazing area shall be established by Tribal Council resolution after receiving recommendations from grazing groups the Range/Irrigation/Agriculture Committee and the Natural Resources Department. The boundaries of the grazing areas may be amended by Tribal Council Resolution.

460.102 Establishment of Grazing Groups. There is hereby authorized the establishment of grazing groups by Tribal Council Resolution for grazing areas established pursuant to WSTC 460.100. The grazing group shall be established by the Council upon application by the proposed grazing group and submission and approval of an organizational plan pursuant to WSTC 460.104.

460.103 Grazing Group Membership.

1. The Rockin’ 4–H Livestock/Range Club shall constitute the grazing group for the 4–H grazing area. In addition, persons meeting all of the following requirements shall be entitled to membership in a grazing group. (a) Tribal members 18 years of age or older. Tribal members younger than 18 years of age shall be represented by adult family members. (b) The member must own livestock and have the member’s brand registered in the Tribal Brand Book. (c) Member must sign an application agreeing to comply with all Reservation–wide grazing rules and with the approved operating procedures for the grazing group.
2. Initially all tribal members will be a part of a grazing group, if they so wish, in which they are currently grazing livestock.
3. After the initial period, Tribal members shall apply for membership in a grazing group. Tribal members may not apply for membership in more than one area unless the grazing capacity in the first area is fully utilized or where all the affected grazing groups approve.
4. At the option of the grazing group, tribal members that are not entitled to membership under subsection (1) above may apply to the grazing group for an associate membership in the grazing group. They shall have the privileges of membership granted to them by the grazing group.

460.104 Organization of Grazing Group. Each grazing group shall develop its own organizational structure and grazing plan within the guidelines of this Chapter. That organization and plan shall be submitted to the Tribal Council in writing for approval by December 31, 1985. The organization plan submitted to the Tribal Council shall include the following:

1. The organizational structure of the grazing group.
2. The proposed constitution and bylaws, or the organizational rules adopted by the group which shall include provisions for selection, removal, terms of office, and responsibilities of group leadership.
3. The procedures the group will use in developing long range goals and annual grazing plans.
4. The procedures to be used to assure that all members comply with the group’s rules and the annual grazing plans.
5. The procedures by which the group will resolve disputes.
6. The procedures the group will use to raise, account for and use funds.
7. The standards to be used by the group for quality of livestock, bulls and stallions if the standards are to be higher than the Reservation–wide standards set forth in WSTC.
8. The procedures by which the group will dispose of unbranded or unidentified stock.
9. The procedures by which the group will handle the stock of deceased members during probate of the deceased member’s estate pursuant to probate code.
10. The procedures by which rides and roundups will be operated and controlled and by which notice of rides and roundups will be given to that group’s members to meet criteria set out in WSTC 460.400. Also included will be the extent to which non–tribal members can participate in rides and roundups.
11. A statement that the grazing group understands and agrees that the grazing group shall have the primary responsibility for implementing the grazing plan and that the role of the Natural Resources Department shall be one of assistance.

Personnel designated by the Director of the Natural Resources Department shall be available to assist any group in developing its organization plan.

460.105 Grazing Plan. Each grazing group shall develop a grazing plan for their grazing area in conjunction with the staff of the Natural Resources Department. The grazing plan will have the following:

1. Five–year goals;
2. A grazing plan for the forthcoming year. The annual plans are to be developed by February 1st of each year and shall include the number of animals grazed during the previous year and those to be grazed in the following year.
3. The grazing plan shall be consistent with approved grazing capacities established by the Bureau of Indian Affairs.

The first five–year goals and annual grazing plans shall be attached to grazing authorizations and approved by the Tribal Council and Superintendent. Subsequent plans shall be approved by the Director of the Natural Resources Department. The Director of the Natural Resources Department shall report yearly the current status of implementing the grazing plans and compliance with grazing plans.

460.106 Grazing Authorizations. Livestock shall be permitted to be on grazing areas by a Grazing Authorization. Grazing authorizations shall be issued to grazing groups by the Tribal Council and the Superintendent, acting jointly. After March 1, 1986, all livestock on lands subject to this Chapter shall be covered by a grazing authorization. Grazing authorizations will be issued, amended, and withdrawn by the Tribal Council and the Superintendent, acting jointly. Grazing authorizations will be issued for a period of five (5) years. Grazing groups conforming to grazing plans and rules as established by this Chapter will be granted an additional five years upon resubmitting application for grazing authorization.

460.107 Contents of Grazing Authorizations. Grazing authorizations shall include the following:

1. The grazing area on which grazing is authorized.
2. The season of use and number of AUMs authorized.
3. The period of the authorization.
4. The annual and five–year grazing plans.
5. A description of all lands to be covered by the grazing authorization.
6. Provisions that all grazing shall conform with approved annual grazing plans to include the number and kind of livestock that can be grazed and the season of use as appropriate for the various parts of the grazing area.
7. The provision that all livestock shall conform to the requirements of this Chapter.
8. The provision that grazing groups to whom the authorizations are issued are responsible to the Tribal Council and the Superintendent for compliance with the terms of the authorization.
9. Such other conditions as may be established by the Tribal Council and Superintendent.

460.127 Grazing Fees.

1. Grazing fees to be charged for the use of tribal lands shall be established by resolution by the Tribal Council. Fees so established shall remain in effect until modified by the Tribal Council.
2. Grants of leases by the Secretary or by individual owners, or their representatives, for grazing use shall comply with the provisions of 25 CFR §162.5.
3. Grazing fees for the use of individually–owned lands and fee lands for which no lease is obtained or can be obtained shall be established by the Bureau of Indian Affairs in consultation with the Tribal Council and shall provide a fair annual return to the land owners.

460.1401 Grazing Appeals Board. There is hereby established a grazing Appeals Board to resolve all civil disputes between grazing groups, and between grazing groups and individuals, both Indians and non–Indians. The Appeals Board shall consist of one member to be designated by the Tribal Council, the tribal Natural Resources Director, and the BIA Natural Resources Officer.

460.145 Grazing Appeals Board Procedure. Disputes for resolution by the Grazing Appeals Board shall be presented to the Board in writing. Disputes will not be presented until the grazing group has attempted to resolve the dispute internally. The Board shall establish rules and procedures for handling disputes. Decisions of the Appeals Board shall be final and binding on the parties and grazing groups involved. The Appeals Board must render a decision within 90 days of submission of the dispute to the Appeals Board.

460.1472 Nature of Disputes Considered. The grazing Appeals Board will handle disputes arising out of the provisions of WSTC 460.100 through 460.150 and shall include, but not be limited to disputes involving:

1. Membership in grazing groups.
2. Ownership of livestock.
3. Compliance with the rules of grazing groups and provisions of grazing plans.
4. Interpretation of Tribal Council resolutions defining the boundaries of grazing areas.
5. Rides and Roundups

460.150 Ridebosses. The rideboss system established pursuant to Ordinance No. 43 and Resolutions 5200, 5410 and 5500 shall remain in full force and effect until modified by the organization plans established pursuant to WSTC 460.104.

460.160 Individually–Owned Lands, Assignments and Leases Enclosed by Fence. Grazing on individually–owned lands, fee lands, assignments and leasehold lands, completely enclosed by a livestock fence, shall not be governed by the provisions of WSTC 460.100 through 460.150.

III. ANIMAL HEALTH, BRAND INSPECTION, BREEDING ANIMAL QUALITY AND DISEASE CONTROL

460.200 Enforcement Responsibility. The Natural Resources Department in cooperation with the Warm Springs Police Department shall be responsible for the enforcement of the provisions of WSTC 460.200 through WSTC 460.330.

460.205 Certificates of Health.

1. Certificate of Health Required. All livestock brought on the Reservation for any purpose must have a certificate of health issued by a licensed veterinarian. In the discretion of the Natural Resources Director, any or all existing livestock on the Reservation may be required to have a similar certificate of health. For breeding cattle, proof of brucellosis vaccination or negative blood test within the last thirty days is required. For horses, proof of negative Coggins test within the last thirty days is required.
2. Exceptions. The following categories of animals are normally excepted from the application of this section, but may be included upon direction of the Natural Resources Directors. (a) Those animals being transported through the Reservation in vehicles. (b) Those animals returning to the Reservation with recorded or known identity that were transported off the Reservation for participation in sporting events.
3. Those animals brought on to the Reservation for temporary purposes such as search and rescue or authorized sporting events.

460.210 Identification of Livestock and Bull Quality.

1. Identification of Livestock. The owners of livestock brought on to the Reservation for a period longer than 24 hours must report to the Natural Resources Department and register their brand or provide other identification within 48 hours of entry. In the discretion of the Natural Resources Director, the owners of any or all existing livestock on the Reservation may be required to comply with the provisions of this section.
2. Exclusion. Livestock returning to the Reservation with recorded or known identity that were transported off the Reservation for participation in sporting events of short duration are normally excluded from the requirements of this section, but may be included upon direction of the Natural Resources Director.
3. Bull Quality. Owners of bulls brought onto the Reservation for breeding purposes must report with the livestock to the Natural Resources Department. Owners of bulls must present a certificate or document stating the grade from any authorized bull grading committee or grader other than the seller of the bull. All bulls brought onto the Reservation for breeding purposes must be classified as “13” or equivalent grade or better. This subsection shall not apply to bulls confined on an owner’s property and not allowed to roam at large.

460.215 Brands. All owners of livestock shall register with the Natural Resources Department brands used or other identifying marks of animals in their possession. Henceforth, all transferees in livestock transactions conducted on the Reservation, whether by sale, trade, lease, loan or other transfer of ownership or possession shall provide the Natural Resources Department with a copy of the bill of sale or other document and identity of the animal within 30 days of the transaction. When rebranding, the old brand shall not be blotched. Persons who do not have a brand registered, shall apply to the Natural Resources Department for a brand prior to branding.

460.220 Riding Permits. Anyone bringing horses onto the Reservation for purposes of riding or packing other than participation in organized rodeos or search and rescue, must report riding plans and secure riding permits from the Tribal Natural Resources Department.

460.225 Control of Diseased Livestock.

1. Control Responsibility. The Natural Resources Department with the assistance of the police department shall be responsible for control of diseased livestock on the Reservation.
2. Authorized Procedures. The following procedures are authorized for use by the Natural Resources Department with assistance from the Warm Springs Police Department: (a) Livestock may be quarantined in an area designated by the Natural Resources Director. (b) The owners of livestock may be ordered to treat their livestock as specified by the Natural Resources Director. (c) If the owner fails or refuses to undertake such treatment within a reasonable time, the Natural Resources Department may administer the treatment and may charge the owner for the reasonable cost thereof. (d) Where deemed essential by the Natural Resources Director livestock may be destroyed or removed from the Reservation. Cause for destruction of animals includes, but is not limited to, Equine Infectious Anemia (Swamp Fever), Rabies, Brucellosis in cattle, Horse Sleeping Sickness, Scabies. (e) Conduct tests necessary to ascertain the existence or extent of disease in livestock as directed by the Natural Resources Director.

IV. LIVESTOCK TRESPASS, MISBRANDING, AND OTHER OFFENSES

460.300 Livestock Trespass. No person shall allow livestock owned or controlled by that person to graze upon lands covered by this Chapter except in accordance with approved grazing plan. Any person so doing shall be liable for civil damages in addition to the penalties provided in WSTC 460.900 and 460.910.

460.305 Misbranding. No person shall:

1. Cut, burn or otherwise obliterate or disfigure the brand, earmark, dewlap or other distinguishing characteristics upon hides or livestock; or
2. Use a recorded brand or similar design on livestock unless the person is the current recorded holder or authorized agent thereof; or
3. Refuse to permit the Natural Resources Department to inspect hides or livestock, or refuse to permit the hides or livestock to be sheared or otherwise handled so as to enable the Natural Resources Department to determine the brands thereon; or
4. Fail to brand or otherwise put identifying marks on livestock within a reasonable period of time; or
5. Transport livestock off of this Reservation without a brand inspection certificate and transportation permit having been issued to the person presenting the livestock for transport, or fail to have a document identifying each load of livestock as a part of the livestock described on the brand inspection certificate accompanying each load, or fail to deliver the brand inspection certificate to the livestock consignee upon reaching the intended destination; or
6. Put that person’s brand on the livestock of another without proper authority.

Nothing in this section shall be deemed to prevent the correction of brands as authorized by the Natural Resources Department.

460.315 Livestock Slaughter. No person shall:

1. Slaughter livestock on the Reservation without a brand inspection and authorization for slaughter issued by the Natural Resources Department, unless the slaughter is immediately necessary for disease control purposes or family funerals;
2. Slaughter livestock which is mortgaged to the Confederated Tribes as security for a loan without written permission from the Tribal Credit Department;
3. Fail to keep hides from slaughtered livestock for less than 10 days after slaughter unless earlier disposal is necessary for disease control purposes.
4. No person other than the owner, the owner’s agent, or persons authorized by the Natural Resources Department shall slaughter or participate in the slaughter of livestock on the Reservation;

460.320 Removal of Livestock. No person shall remove or attempt to remove any livestock from the Warm Springs Reservation without a brand inspection certificate and transportation permit, proof of ownership, or written authorization for removal issued by the Natural Resources Department and the Tribal Credit Department in cases in which the Credit Department has a security interest, except in the following cases:

1. Removal of livestock which has been brought on to the Reservation temporarily, not in excess of 48 hours, for participation in sporting events sanctioned or approved by the Confederated Tribes;
2. Removal of livestock contained within a vehicle, in continuous transit from off the Reservation to a destination off the Reservation;
3. Removal of livestock which were on the Reservation temporarily at the request or with the consent of any agency of Tribal government for participation in search and rescue operations;
4. Temporary removal of livestock by the owner, or with the owner’s consent, for participation in sporting events off the Reservation which are to be returned to the Reservation within seven days so long as the livestock is covered by a valid transportation permit.

460.325 Livestock Transfer. Each transfer of ownership of livestock located on the Reservation, whether by sale, trade, gift or other means shall be reported by the transferor and transferee to the Natural Resources Department within ten days after the transfer occurs. Such report shall include the name of the transferor and transferee, shall be signed by both, and shall specify the number and type of livestock transferred, the date of the transfer, a copy of the bill of sale or document of transfer, identification of the brand or other identifying mark used by the transferor and transferee, and such other information as the Natural Resources Department may require.

460.327 Use of False Official Documents and Bills of Sale. No person shall use false, altered or incomplete official documents or bills of sale in connection with the removal or transfer of livestock.

460.330 Seizure of Livestock. Livestock involved in violations of WSTC 460.300 through 460.325 are subject to seizure, impoundment, and/or confiscation by the Confederated

Tribes. Proceeds of any sale of seized livestock shall be first applied to any assessment of fines or other damages levied against the owner. Any proceeds in excess of those amounts shall be returned to the owner. Sale of said livestock shall be conducted in accordance with procedures set forth in WSTC 200.700 through 200.750.

V. RIDES AND ROUNDUPS

460.400 Application and Approval of Rides and Roundups. 3 No rides or roundups shall be conducted within grazing areas unless approved in advance by the Natural Resources Department. Unless the grazing group adopts different notice rules, notices of rides or roundups approved by the Natural Resources Department shall be posted in at least three public places on the Reservation for not less than ten days prior to the start of the ride or roundup. That person or persons designated as the responsible person by each grazing group to direct rides and roundups shall make application to the Natural Resources Department prior to the ride or roundup for a permit to conduct the ride or roundup. The application shall include the date, location and purpose of the ride or roundup and such other information as is required by the Natural Resources Department.

460.4104 Notice of Ride or Roundup. It shall be the responsibility of each grazing group to notify its members of rides or roundups approved by the Natural Resources Department in that group’s area. The notice shall include the information provided in the application together with any conditions or restrictions imposed by the Natural Resources Department.

460.420 Compliance with Order of Person in Charge. For each ride or roundup the grazing group shall designate one or more persons to be in charge. Those persons may issue orders that they deem necessary to the participants for the successful conduct of the ride.

460.430 Firearms and Vehicles. Only firearms approved by the persons in charge may be carried on rides. No vehicles, including aircraft, may be used on rides except for transporting horses and riders, without permission from the persons in charge.

460.440 Non–Tribal Member Participation. The grazing group shall determine the circumstances and conditions upon which non–tribal members may participate in rides and roundups.

VI. PENALTIES

460.900 Civil Penalties. In addition to any other penalties provided for in the Warm Springs Tribal Code, all persons, including non–Indians, violating the provisions of this ordinance may be assessed a civil penalty not exceeding $500 for each violation. The violation shall be deemed to be a civil infraction and 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.

460.910 Criminal Penalties. Indians violating the provisions of this Chapter may be fined not more than $500 and/or imprisoned for not more than six months for each violation.

460.920 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 shall be conducted in accordance with the provisions of WSTC 200.700 through WSTC 200.750.

1 WSTC 460.140 was amended by Tribal Council Resolution No. 7247 adopted August 25, 1986.
2 WSTC 460.147 was amended by Tribal Council Resolution No. 7247 adopted August 25, 1986.
3 WSTC 460.400 was amended by Tribal Council Resolution No. 7247 adopted August 25, 1986.
4 WSTC 460.410 was amended by Tribal Council Resolution No. 7247 adopted August 25, 1986.