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ORIGINALLY
ADOPTED: 04-05-89 |
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DATE
AMENDED: 09-06-89, 04-14-93, 08-27-96 |
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SUBJECT:
Minor Forest Product |
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RESOLUTION
NO.: 048.96 |
Annual Timber Use Policy and Minor Forest Products Ordinance
Tribal Code § 6.30
Part I - General Provisions
(a)
PURPOSE AND AUTHORITY:
The
following rules as set forth in Parts I, II, and III of this ordinance
establishes a policy that regulates the use of Minor Forest
Products on the Grand Ronde Reservation. The authority for
this Ordinance is found in the Tribal Constitution Article III, §
1 and 25 CFR 163.19 and 163.20.
(b) DEFINITIONS:
(1)
"Minor Forest Products" shall mean forest products that have a
relatively low economic value and when harvested and removed will
not conflict with the sale of harvestable timber or the future growing
stock of timber on the Reservation. Some of the minor forest products
include, but are not limited to firewood, fence posts, Tee Pee poles,
ferns, moss, Christmas trees, and cones.
(2)
"Permit" shall mean a written document giving the Permittee
permission to enter the Reservation and obtain the products as listed
on the document. It requires the permittee to follow all the rules
and regulations in the permit document and in this Ordinance.
(3)
"Firewood" shall mean wood whose highest value and best use is
for fuel.
(4)
"Market Value" shall mean the financial or monetary gain
received from selling stumpage and other wood products on the open
market.
(5)
"Harvestable Timber" shall mean timber that when sold will
bring a current market value and return to the Tribe.
(6)
"Stumpage" shall mean timber in unprocessed form as it is found
in the woods.
(7)
"Load Ticket" shall mean a ticket that is issued with wood permits.
It contains a number, amounts and days of the year. The correct date
is punched, and the ticket is attached to the wood load.
(8)
"Natural Resources Manager" shall mean Tribal Natural Resources
Manager or his representative.
(9)
"BIA" shall mean Bureau of Indian Affairs.
(10)
"Tribe" shall mean the Confederated Tribes of the Grand Ronde
Community of Oregon.
(11)
"Greenery" shall mean green plant foliage (e.g. moss, fern, cascara,
etc.), the removal of which will not conflict with the future growing
stock of timber on the Reservation.
(12)
"Permittee" shall mean the tribal member to whom a permit is issued
to.
(13)
"Proxy" shall mean the authority or written authorization to act
for the permittee.
(c) DUTIES:
(1)
The Natural Resources Manager will administer the permits and will
enforce the rules as stated in this Ordinance.
(d) PERMITTEE PROXY:
(1)
If the minor forest products are to be harvested by someone other
than the permittee, then the forest products can be harvested by proxy.
The proxy must have the permit in their possession while harvesting.
The permittee must receive the harvested materials, and be designated
by name on the permit.
(e) ROADS:
(1)
The permittee must not damage the road surfaces, ditches, and shoulders.
The roads shall not be blocked while removing the material, unless
authorized by the Natural Resources Manager.
(2)
Concurrent with cutting firewood, unused material will be removed
from the roads and ditches, and piled in openings and clearings, or
as otherwise indicated on the permit.
(f) INSPECTIONS:
(1)
The Natural Resources Manager will inspect the material to be removed
prior to issuing permits. A post inspection of the permit area may
also be necessary.
PART
II - Permits, Rules and Regulations; Tribal Permits
(g)
FREE USE CUTTING WITH TRIBAL PERMITS:
(1)
The Tribe will issue revocable Free Use Permits for Minor Forest Products.
These products may not be exchanged, sold, or traded for other goods
or services.
(2)
Free Use Permits for all Minor Forest Products will be issued to enrolled
members of the Tribe.
(3)
Free Use Permits can neither be transferred, exchanged, nor sold.
(4)
Permits will include a description of the permit area, a map of the
Reservation any restrictions and any fire precautions that are in
effect at the time of issuance, as well as name, address, vehicle
description, license and permit expiration date.
(5)
Posts, and poles will only be produced from down or dead material
in need of salvage, from logging residue, or from approved pre-commercial
thinned areas.
(6)
Free Use Permits for any permittee in a fiscal year will not exceed
the amounts as listed on Appendix A.
(7)
Misuse of free use permit privileges may result in revocation of the
permit and/or denial of future permits.
(8)
An Authorized sticker will accompany the permit. The sticker will
be visually displayed in the window of the vehicle while gathering
and transporting material on Tribal land.
(9)
It is prohibited to harvest within 100 feet of hiking trails, riparian
areas and the day use park.
(h) COMMERCIAL GREENERY HARVESTING WITH TRIBAL PERMITS:
(1)
The harvesting of greenery materials will allow tribal members an
opportunity to further market renewable resources from the Reservation.
(2)
The Tribe will issue revocable greenery permits to tribal members
only. Only one person is allowed to harvest for each permit issued.
These materials can be sold, exchanged or traded for other goods or
services. A permit will be issued for each forest product gathered.
(3)
A fee shall be charged for cutting or gathering greenery that is to
be sold, exchanged or traded. The fee amount shall be determined by
the Timber Committee.
(4)
An authorized sticker will accompany the permit. The sticker will
be visually displayed in the window of the vehicle while gathering
and transporting material on Tribal land.
(5)
Permittee must have a valid permit in their possession while harvesting
and/or transporting greenery materials on the Reservation.
(6)
Misuse of permit privileges may result in revocation of the permit,
or denial of future permits.
(7)
It is prohibited to harvest within 100 feet of hiking trails, riparian
areas and the day use park.
(i) FIREWOOD CUTTING WITH TRIBAL PERMITS:
(1)
The Tribe will issue its own Firewood Permits to provide a source
of firewood to tribal members. Because the quantity of firewood is
limited, the permits will be issued by household only. The amount
of firewood will be limited to 5 cords/household/year.
(2)
The firewood permits will be issued depending on the amount of wood
available. Firewood permits may be mailed if requested by permittee.
Each permit will be for only one cord of wood.
(3)
The permit will consist of one sheet printed on two sides. The signature
side will contain information on the permittee, location and amount
of firewood allowed. The back side will contain general information
regarding all permits. A load ticket or tickets will accompany the
permit, and will be visually attached to the load. If load tickets
are lost no replacement load tickets will be issued and the permit
will have to be turned in. However, a new permit and set of load tickets
will be issued. There will be no replacement if load tickets are lost
a second time.
(4)
If a proxy is used, then the name, address and phone number of proxy
must be listed on the permit. There will be no more than two proxies
per permit. If the the old permit and proxy changes then the permittee
needs to inform us, mail back load tickets, and we will then reissue
them a new permit. The permit will be considered invalid if the correct
proxy is not listed.
(5)
Sale units may be gated to prevent unauthorized entry.
(6)
An authorized representative of the Tribe may be present to monitor
the permit area and to open and close the gates.
(7)
Dates and times of entry to each firewood site will be set by the
Natural Resources Manager or the Timber Committee.
(8)
Where practical, pre-commercial thinning areas along roads will be
marked and designated firewood areas. An authorized representative
may be present during firewood cutting.
(9)
Down material that cannot be sold economically as sawlogs or material
that has only a firewood value may be designated firewood material
and permits may be issued for the wood.
(10)
Only light ground skidding equipment, such as winch and line, block
and tackle, or cable attached to vehicle will be allowed in gathering
firewood, unless otherwise authorized.
PART III - Permits, Rules and Regulations; BIA Permits
(j) FREE
USE CUTTING WITH BIA PERMITS:
(1)
The Tribal Natural Resources staff may issue revocable free use cutting
permits for forest products that are to be sold, provided the proceeds
from such sales are utilized to benefit Tribal Civic activities and
provided that the Grand Ronde Tribal Council specifically authorizes
each permit use.
(2)
The permittee must be an enrolled member of the Confederated Tribes
of Grand Ronde. The free use cutting permit is not transferable.
(3)
Free use cutting permits for resale shall be issued on form BIA-5331,
Timber Cutting Permit. Tribal Chairman and BIA Superintendent approval
shall be required on all such permits.
(4)
Free use cutting permits shall be specific as to maximum volume and
location of harvest. A map shall accompany each permit designating
the area of harvest. Any fire precautions that are in affect at the
time of issuance will accompany each permit. The permit must be signed
by the permittee to be valid and the license number(s) of the hauling
vehicle(s) must be entered on the permit before hauling can commence.
(5)
The maximum value of products that may be cut or removed in a single
fiscal year by an individual permittee under this permit authority
shall be $2,500 [25 CFR 163.19(d)]. Value of products shall be determined
from the product values listed in Section-k, item 3.
(6)
Misuse of permits may result in revocation of the permit and/or denial
of future permits.
(k) PAID TIMBER CUTTING WITH BIA PERMITS:
(1)
Revocable Paid cutting permits for sawlogs or minor forest products
may be issued as needed to facilitate harvesting of site conversion
projects and salvage of limited quantities of diseased timber or timber
damaged by fire or weather factors.
(2)
The Tribal Natural Resources staff will issue the paid cutting permits,
on BIA form 5331 or other BIA approved form, to enrolled members of
the Confederated Tribes of Grand Ronde. Tribal Chairman and BIA Superintendent
approval shall be required. The Tribal Chairman will be authorized
to sign paid permits.
(3)
Stumpage rates for products harvested under paid cutting permits shall
be the prevailing market values, but shall not fall below:
| Sawlogs |
Minimum
appraised rate/MBF* |
| Pulpwood |
Minimum
appraised rate/ton* |
| Firewood |
$5
.00/cord |
| Posts
(fence) |
$.50/piece |
| Poles
(corral or Tee Pee) |
$.40/piece |
| Smelter
Poles |
$.05/piece |
* Minimum
appraised rate for Sawlogs and Pulpwood will be determined by acceptable
appraisal methods.
(4)
The maximum value of products that may be cut or removed in a single
fiscal year by an individual permittee under this permit authority
shall be $25,000. An individual permittee shall mean an individual
or any operating entity comprised of more than one individual.
(5)
Salvage sales less than $25,000 in value, are sold in two ways:
a.
By sealed bid on sales above 10 MBF. These sales are advertised
to tribal members listed on our approved purchaser's list. The list
is approved by the Timber Committee. The sale is sold to the highest
bidder. The highest bidder on any one sale will not be awarded another
sale within a 30 day period unless no other bids are received by
the bid deadline. If an advertised sale has no bidder, then the
sale will be reappraised at the current market and readvertised
or sold at a negotiated rate to an approved purchaser on our rotating
list.
b.
By minimum appraised rate on sales 10 MBF or less. These sales are
offered to a tribal member who's name is next on our "rotating"
approved purchaser's list. The "rotating" list ensures that all
tribal members get a chance to be awarded a salvage sale with a
volume of 10 MBF or less.
(6)
Stumpage payment may be in the form of advance deposits for scaled
sales of estimated volumes, or as advance payment for sales of predetermined
volumes.
(7)
Performance bonds may be required on paid permits. If required the
amount will be 5% of sale value.
(8)
The Natural Resources Manager or his representative will require a
post harvest inspection of the site to ensure compliance with the
provisions of the permit.
(9)
Paid permits shall be specific as to maximum volume and location of
harvest. A map designating the area of harvest, and a list of any
fire precautions that are in effect at the time of issuance shall
accompany each paid permit.
(10)
Insurance coverage may be required. The type and amount of coverage
will be determined by industry standards and must meet Tribal liability
requirements.
PART IV - Enforcement, Violations and Appeals
(l) TRIBAL
ENFORCEMENT OF THE ORDINANCE:
(1)
The Tribal Council hereby authorizes the Natural Resources Manager
to enforce this ordinance. The Natural Resources Manager and his staff
may deal with violations of this ordinance by suspending or revoking
permits issued under it and by denial of such a permit for a period
of up to three years following the violation.
(m) WOOD THEFT VIOLATIONS:
(1)
Wood theft violations will be handled in the following manner:
The Natural Resources Manager shall require violator to deposit wood
at the Natural Resources Division stockpile, impose an automatic suspension
for up to three (3) years, and notify the authorities.
(2)
The Natural Resources Manager shall consider the amount of loss to
the Tribe and recommend imposition of trespass penalties to the Timber
Committee.
(n) GREENERY HARVEST VIOLATIONS:
(1)
Greenery harvest violations will be handled in the following manner:
The Natural Resources Manager will confiscate the violator's greenery
harvest, impose an automatic suspension for up to three (3) years,
and notify the authorities.
(o) NOTICE OF VIOLATIONS:
(1)
The Natural Resources Division shall notify the tribal member of any
reported violation alleged to have been committed by him or her. The
notice shall be in writing and shall include the following:
(a)
A statement of the facts constituting the alleged violation and
penalty, as stated in the rules and regulations promulgated by the
Timber Committee.
(b)
A statement of the penalty to be imposed, including specific dates
the penalty is to be applied, unless appealed.
(c)
A statement that the penalty may be appealed to the Timber Committee
with the date, time and place of the Timber Committee's next meeting,
and that the tribal member may present any evidence relevant to
the alleged violation to the Timber Committee at it's next meeting.
(d)
The notice shall be sent certified mail to the member's last known
address. If the notice is not accepted within five working days,
the Natural Resources Division shall send a second notice by certified
mail. The second notice shall state, in addition to the information
in the first notice, that it is the final notice and that the Natural
Resources Division shall proceed with imposing the violation penalty.
(p) APPEALS TO TIMBER COMMITTEE:
(1)
Upon receipt of the notice, the tribal member has the right to appeal
to the Timber Committee. The appeal shall be automatically dismissed
if it is not filed with the Timber Committee within ten (10) days
of the member's receipt of said notice, or within (10) days of the
mailing of the"second notice". If the member's appeals is dismissed,
that member shall have no right of appeal to the Tribal Court, unless
and only for the specific purpose of contesting whether or not the
member's response was timely. The matter shall be heard at the Timber
Committee's next scheduled meeting after receiving the appeal.
(2)
Consideration by the Timber Committee: On appeal, the Timber Committee
shall consider the facts and nature of the alleged violations and
all reliable evidence regarding it. The Timber committee shall make
its findings regarding alleged violation and the penalty imposed in
writing and with support reasons, within fourteen (14) days of the
meeting in which it heard the appeal.
(q) TRIBAL COURT APPEALS:
(1)
The tribal member may appeal the Timber Committee's decision to the
Tribal Court in accordance with the Rules of Pleading, Practice and
Procedure of the Tribal Court. The appeal must be filed (with supporting
reasons) with the Tribal Court within fourteen (14) days of his or
her receipt of the Timber Committee's final decision. The appeal may
challenge the foundation of the sanctions or merely the severity of
the sanctions themselves, or both.
(2)
The court shall review the record created by the Natural Resources
Division and the Timber Committee and shall determine whether or not
the decision or penalty imposed was arbitrary and capricious. The
evidentiary findings of the Timber Committee shall be accepted by
the court unless arbitrary and capricious. The court may also hear
testimony and/or request written and oral argument as it considers
necessary to this determination. The Tribal Court may reverse the
decision, modify the sanctions imposed or take other such action as
justice requires. The decision of the Tribal Court shall be final
and no other appeal may be taken.
I hereby certify that this is a true copy of the Confederated Tribes
of the Grand Ronde Community of Oregon Annual Timber Use Policy and
Minor Forest Products Ordinance.
| ATTEST: |
|
|
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Tribal
Council Secretary |
Date |
| |
|
|
APPENDIX
A
AMOUNTS OF FREE PERSONAL USE FOR FOREST PRODUCTS
|
PRODUCT
|
PERSONAL
USE-FREE
|
| Shrubs
and bushes: transplants |
Up
to 6 < 2 ft. tall |
| Christmas
Trees |
2<12
ft. tall |
| Fern |
10
bunches * |
| Moss |
25
lbs. |
| Salal
|
25
lbs. |
| Oregon
Grape |
25
lbs. |
| Boughs
|
30
lbs. |
| Cones
|
3
bushels |
| Corks
|
6
each |
| Cascara
|
5
lbs. (green weight) |
| Berries,
Nuts and Mushrooms |
2
gallons |
| Poles
(corral or Tee Pee) |
40
each |
| Posts
(fence) |
25
each |
* Established
by industry standards.
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