07-29-87
Ordinance No. 68
WHEREAS, the protection, preservation, and encouragement of tribal
and Indian history, culture, tradition and heritage is necessary to
ensure the survival of the Confederated Tribes; and
WHEREAS, the Confederated Tribes believe that it is appropriate to
establish written laws and a statement of policy on this subject; and
WHEREAS, it is recognized that such written statements and
policies are only one step needed in the overall effort to protect and
preserve our heritage; now, therefore,
BE IT ENACTED, by the Tribal Council of The Confederated Tribes of
the Warm Springs Reservation of Oregon, pursuant to Article V, Section
1(1) of the Tribal Constitution, that the attached Warm Springs Tribal
Code Chapter 490, "Protection and Management of Archaeological,
Historical and Cultural Resources," is hereby adopted as Ordinance No.
68; and
BE IT FURTHER ENACTED, that the following actions are hereby
directed:
1. The Land Use Committee shall within six months
promulgate procedural rules for the issuance of permits for
archaeological, historical and cultural studies pursuant to WSTC
490.200.
2. The Culture and Heritage Committee shall prepare a
report to the Tribal Council within one year, setting forth tribal
traditions with regard to the exercise of tribal treaty rights for
hunting, fishing, pasturing and root and berry gathering. The
Committee shall also report on the traditions and customs that
apply with respect to cultural materials, as set forth in WSTC
490.520.
3. The Middle Oregon Indian Historical Society, in
conjunction with the Culture and Heritage Committee, shall within
two years prepare a report to Tribal Council sufficient to enable
Tribal Council to designate archaeological, cultural and historic
sites pursuant to WSTC 490.010 and to designate sites to
appropriate state, county and city officials to effectuate the
implementation of LCDC Goal 5 pursuant to WSTC 490.800 to 490.840.
BE IT FURTHER ENACTED, that it is the express finding of the
Tribal Council that nothing in this Ordinance should be interpreted to
encourage excavation or studies. They are not encouraged because of
the interest of the Tribes and their members in protecting the privacy
and nondisturbance of their Reservation, persons and property. The
intent of this Ordinance is to merely strictly control such activity
when it does take place.
CERTIFICATION
The undersigned, as Secretary-Treasurer of The Confederated Tribes
of the Warm Springs Reservation of Oregon, hereby certifies that the
Tribal Council is composed of 11 members, of whom 7, constituting a
quorum, were present at a meeting thereof, duly and regularly called,
noticed, convened and held this 29th day of July, 1987; and that the
foregoing resolution was passed by the affirmative vote of 6 members,
the Chairman not voting; and that the said resolution has not been
rescinded or amended in any way.
_________________________
Larry Calica
Secretary-Treasurer
__________________________
Bernard W. Topash
Agency Superintendent
WARM SPRINGS TRIBAL CODE
CHAPTER 490
PROTECTION AND MANAGEMENT OF ARCHAEOLOGICAL,
HISTORICAL AND CULTURAL RESOURCES
INDEX
490.001 Tribal Policy and Legislative Intent
490.010 Definitions
PROTECTION RULES AND REGULATIONS
490.100 Prohibited Conduct
490.105 Criminal Penalties
490.110 Civil Penalties
490.115 Civil Damages
490.120 Forfeiture of Contraband
490.125 Seizure of Security
490.130 Removal from Reservation
ARCHAEOLOGICAL, HISTORICAL AND CULTURAL STUDIES
490.200 Tribal Council Permission Required
490.205 Violation of Permit Terms
PROTECTION OF TREATY RIGHTS OUTSIDE
THE WARM SPRINGS RESERVATION
490.300 Treaty Terms, Tribal Policy and Legislative Intent
490.310 Tribal Policy with Regard to Management Activities
Outside the Warm Springs Reservation
490.320 Reports of Significant Activity Outside the Warm
Springs Reservation
490.330 Exercise of Treaty Rights Within the Ceded Area
490.340 Revocation of Privilege to Exercise Treaty Right
Outside the Warm Springs Reservation
490.350 Access to Sites for the Exercise of Treaty Rights
AMERICAN INDIAN RELIGIOUS FREEDOM ACT
490.400 Tribal Policy and Legislative Intent
490.410 Protection of Indian Religious Freedom
490.420 Protection of Sacred Sites and Recovery of Sacred
Materials
490.430 Access to Sacred Sites
PROTECTION OF CULTURAL MATERIALS
490.500 Tribal Policy and Legislative Intent
490.510 Designation of Tribal Cultural Materials
490.520 Prohibited Acts
OREGON ACT FOR PROTECTION OF INDIAN GRAVES
490.600 Tribal Policy and Legislative Intent
490.610 Procedures for Obtaining Consent
TRIBAL PURCHASE OF ARTIFACTS
490.700 Purchase of Artifacts by the Middle Oregon Indian
Historical Society
OREGON LAND CONSERVATION AND DEVELOPMENT COMMISSION
GOAL 5 IMPLEMENTATION
490.800 Tribal Policy and Legislative Intent
490.820 Tribal Council Designation of Significant
Historical, Cultural and Archaeological Sites
490.830 Tribal/State Coordination
490.840 Expedited Procedures for Sites in Developing Areas
WARM SPRINGS TRIBAL CODE
CHAPTER 490
PROTECTION AND MANAGEMENT OF ARCHAEOLOGICAL,
HISTORICAL AND CULTURAL RESOURCES
490.001 Tribal Policy and Legislative Intent. The Confederated
Tribes of the Warm Springs Reservation of Oregon does affirm its
authority and commitment to preserve, protect and promote tribal
culture and heritage. This trust includes the management of ancient
and contemporary cultural use sites and materials which are fundamental
in the recognition of traditional lifeways, values and histories of the
Tribes. These cultural sites and materials include those associated
with traditional foods and other natural resources, other sacred sites
as designated by the Tribes, habitations, and historical events and
personalities. It is recognized that these are an invaluable,
irreplaceable and endangered tribal resource. It is a basic tribal
intent that these resources be protected and preserved within the
traditional tribal territorial limits. In keeping with this intent,
the following policies are established:
(1) A program shall be established to increase efforts in
locating, documenting, and evaluating ancient, cultural, and historic
sites. This information will provide a record of the past for future
generations, and will be incorporated into land use management
planning. Information on sites recorded in the ceded area will also be
collected and evaluated.
(2) Tribal laws and policies are established by this Chapter that
will protect archaeological, cultural, and historical sites and
materials. Other federal and state laws also impact this subject.
Those federal and state acts include, but are not limited to, 16 U.S.C.
Section 461, Historic Sites, Buildings, and Antiquities; 16 U.S.C.
Section 469, Reservoir Salvage Act of 1960; 16 U.S.C. Section
469(a)(1), Archaeological and Historic Preservation; 16 U.S.C. Section
4709, National Historic Preservation; 376 C.F.R. 800, Protection of
Historic and Cultural Property; 42 U.S.C. Section 4321, National
Environmental Policy; 42 U.S.C. Section 1996, American Indian Religious
Freedom Act; ORS 273.705, Removal of Historical and Other Valuable
Materials; ORS 358.905, Archaeological Objects and Sites; ORS 97.740,
Protection of Indian Graves; ORS 358.605, Historic Preservation Plan;
ORS 358.475, Classification of Historic Property; ORS 358.635,
Preservation of Property of Historic Significance; ORS 390.805, Scenic
Waterways; ORS 390.410, Columbia River Gorge; ORS 271.715, Conservation
Easements; OAR 345-26, Thermal Power Plants; OAR 345-95, Uranium Mills;
ORS Chapter 197, Comprehensive Land Use Planning Coordination; OAR LCDC
Goal 5; OAR 660-16, Procedures for Complying With Statewide Goal 5.
(3) All persons knowing the locations of archaeological,
historical or cultural sites are urged to report this information to
the Tribal Culture and Heritage Committee or the tribal archaeologist.
(4) All land use actions taken pursuant to the tribal Land Use
Code shall take into consideration the possible impact of the land use
action on archaeological, historical and cultural sites and materials.
(5) The proposed museum and cultural center being developed by
the Middle Oregon Indian Historical Society will be the repository of
cultural materials from tribal land and will house an information
archive of all known ancient, historical and cultural sites on lands
under tribal control. The center will also contain cultural site
information from ceded lands. Access to the collections and archives
for educational and research purposes will be controlled by the Tribal
Council.
(6) All tribal members are encouraged to adhere to the above
policies with reference to their own properties.
(7) The Tribes encourage all property owners, land managers and
developers in the Central Oregon area to adhere to federal, state and
tribal laws protecting archaeological, cultural and historical
properties.
(8) The Tribes recognize that activities to preserve and maintain
the Indian culture of its people is a legitimate and necessary tribal
governmental function, and may require the expenditure of tribal funds.
(9) The cultural education of tribal members is of equal or
greater importance to the long-term welfare of the Tribes and its
members, as is traditional schoolroom education in that it provides the
foundation for the continuance of the Tribes as a distinct political
and cultural entity perpetually.
(10) It is the policy of the Tribes to recognize, respect and
foster the wide range of cultural and traditional diversity present
among the three constituent tribes, Reservation families, and
individual Indians.
(11) This chapter should be read broadly to effectuate the intent
of the Tribes to protect tribal interests on the Reservation, in the
ceded area, and outside the ceded area. Nothing in this chapter should
be construed to in any way limit Tribal Treaty rights.
(12) This chapter should not be interpreted to encourage
excavation or studies. They are not encouraged because of the interest
of the Tribes and their members in protecting the privacy and
nondisturbance of their Reservation, persons and property. The intent
of this chapter is to merely strictly control such activity when it
does take place.
490.010 Definitions.
(1) "Archaeological material" means material evidence of cultural
activities of the past, at least 50 years in age.
(2) "Archaeological site" means a geographical locality which
contains archaeological materials or features in contextual association
with each other and the surrounding environment.
(3) "Ceded area" means that area ceded to the United States by
the tribes and bands of Middle Oregon in the Treaty with the Tribes of
Middle Oregon dated June 25, 1855.
(4) "Cultural material" means materials or objects designated by
the Tribal Council as having cultural significance that are obtained
from (a) protected lands or (b) outside the Reservation, if associated
with treaty rights or other tribal rights. Cultural materials may
include such things as eagle feathers, fish, game, roots, berries,
cedar bark, Indian medicines and water having special significance.
(5) "Cultural site" means an area designated as such by the
Tribal Council which has particular cultural, religious, or traditional
value to the Confederated Tribes and which requires the protection of
this Chapter to prevent damage, abuse, or deterioration.
(6) "Historic site" means an area designated as such by the
Tribal Council which has particular historical value to the
Confederated Tribes and which requires the protection of this Chapter
to prevent damage, abuse, or deterioration.
(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 Alaska
native.
(8) "Protected lands" means:
(a) all lands within the Reservation and
(b) all lands outside the Reservation which are owned by the
Tribes or held by the United States in trust for the Tribes or its
members.
(9) "Protected objects" means archaeological materials and
objects of cultural or historic significance obtained from cultural or
historic sites.
(10) "Protected sites" means archaeological, cultural, and
historical sites.
(11) "Reservation" means all territory within the external
boundaries of the Warm Springs Reservation of Oregon.
(12) "Tribal Council" means the Tribal Council of The Confederated
Tribes of the Warm Springs Reservation of Oregon.
(13) "Tribes" means The Confederated Tribes of the Warm Springs
Reservation of Oregon.
PROTECTION RULES AND REGULATIONS
490.100 Prohibited Conduct.
(1) No person knowing or having reason to know that a protected
site or object is involved shall excavate, injure, remove, damage,
destroy, or alter a protected site, or systematically remove a
protected object located on protected lands unless that activity is
authorized by a permit issued by Tribal Council.
(2) No person knowing or having reason to know that a protected
object is involved shall sell, purchase, exchange, transport, receive,
or offer to sell, purchase, or exchange any protected object if such
object was excavated or removed from protected lands in violation of:
(a) the prohibition contained in subsection (1) of this
Section, or
(b) any provision, rule, regulation, ordinance, or permit in
effect under any other provision of tribal, federal, or state law.
(3) The prohibitions contained in this Section shall take effect
on July 29, 1987. Nothing in subsection (2) of this Section shall be
deemed applicable to any person with respect to a protected object
which was in the lawful possession of such person prior to July 29,
1987.
490.105 Criminal Penalties. Any Indian who knowingly violates, or
counsels, procures, solicits, or employs any other person to violate,
any prohibition contained in WSTC 490.100 shall, upon conviction, be
fined not more than $500 or imprisoned not more than six months, or
both. Such person may also be subject to the civil penalties provided
for in WSTC 490.110.
490.110 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. 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 preponderence of the
evidence. There shall be no appeal from a judgment involving such an
infraction.
490.115 Civil Damages. Any person violating the provisions of this
Chapter shall be liable to the Confederated Tribes of the Warm Springs
Reservation of Oregon for civil damages to be assessed by the Tribal
Court after a hearing without a jury. "Civil damages" shall be
interpreted liberally by the Tribal Court to include, but not be
limited to, the following:
(1) Costs of restoration of the protected site.
(2) Enforcement costs associated with the enforcement of the
provisions of this Chapter.
(3) Costs associated with disposition of protected objects,
including reburial.
(4) Costs associated with documentation, testing, and evaluation
of the protected site in order to assess the characteristics of the
site.
490.120 Forfeiture of Contraband. All protected objects obtained in
violation of the provisions of this Chapter shall be deemed contraband
and forfeited to the Confederated Tribes after a hearing without a jury
in Tribal Court.
490.125 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 or civil damages 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 item 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 200.740.
490.130 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, employees of the
Confederated Tribes, or employees of the federal government assigned to
Warm Springs.
ARCHAEOLOGICAL, HISTORICAL AND CULTURAL STUDIES
490.200 Tribal Council Permission Required.
(1) A person knowing or having reason to know that a protected
site or protected object is involved may not excavate or alter a
protected site on protected lands, conduct a field investigation, or
make an exploratory excavation on protected lands to determine the
presence of a protected site, or systematically remove from protected
lands any protected object, without first obtaining a permit issued by
the Tribal Council.
(2) Persons conducting historical or cultural studies on the Warm
Springs Reservation shall first obtain a permit issued by the Tribal
Council.
(3) The Land Use Committee shall develop procedural rules for the
issuance of such permits.
490.205 Violation of Permit Terms. Any person violating the terms of
a permit issued pursuant to WSTC 490.200 shall be subject to the
provisions of WSTC 490.110 through WSTC 490.130 in connection with such
violations.
PROTECTION OF TREATY RIGHTS OUTSIDE
THE WARM SPRINGS RESERVATION
490.300 Treaty Terms, Tribal Policy and Legislative Intent. The
Treaty with the Tribes of Middle Oregon entered into on June 25, 1855,
between certain tribes and bands of Indians residing in Middle Oregon
and the United States reserved to the Indians certain important treaty
rights in lands ceded by the Indians to the United States. The
exterior boundaries of that ceded area are described as follows:
"Commencing in the middle of the Columbia River, at the
Cascade Falls, and running thence southerly to the summit
of the Cascade Mountains; thence along said summit to the
forty-fourth parallel of north latitude; thence east on
that parallel to the summit of the Blue Mountains, or the
western boundary of the Sho-sho-ne or Snake country; thence
northerly along that summit to a point due east from the
head-waters of said creek; thence down said stream to its
junction with the Columbia River; and thence down the channel
of the Columbia River to the place of beginning."
Contained within those boundaries was the Reservation area which
was reserved by the Treaty for the exclusive use of the Tribes and
whose boundaries are described in the Treaty as follows:
"Commencing in the middle of the channel of the De Chutes
River opposite the eastern termination of a range of high
lands usually known as the Mutton Mountains; thence westerly
to the summit of said range, along the divide to its
connection with the Cascade Mountains; thence to the summit
of said mountains; thence southerly to Mount Jefferson;
thence down the main branch of De Chutes River; heading in
this peak, to its junction with Deschutes River; and thence
down the middle of the channel of said river to the place of
beginning."
Among the important rights reserved by the Indians are those
described in the Treaty as follows:
"That the exclusive right of taking fish in the streams
running through and bordering said reservation is hereby secured
to said Indians; and at all other usual and accustomed
stations, in common with citizens of the United States, and
of erecting suitable houses for curing the same; also the
privilege of hunting, gathering roots and berries, and
pasturing their stock on unclaimed lands, in common with
citizens, is secured to them."
It is the intent of the Confederated Tribes that the provisions of
WSTC 490.300 through 490.340 are to protect the tribal rights of
hunting, gathering roots and berries, and pasturing stock on unclaimed
lands outside the Warm Springs Reservation. It shall be the right and
duty of the Tribal Council to define the nature and scope of such
treaty rights. It is also recognized that off-Reservation Treaty
rights are not restricted solely to the ceded area. The Treaty tribes
historically, both before and after the signing of the Treaty,
exercised fishing, hunting and food gathering rights outside the ceded
area. The Treaty contains no words limiting the exercise of
off-Reservation rights to the ceded area.
490.310 Tribal Policy with Regard to Management Activities Outside
the Warm Springs Reservation. It is the policy of the Confederated
Tribes to encourage management activity by state and federal agencies
outside the Warm Springs Reservation which will enhance, protect and
preserve the treaty rights of the Confederated Tribes. It shall also be
the policy of the Confederated Tribes to oppose all activity outside
the Warm Springs Reservation that adversely affects the treaty rights
of the Confederated Tribes. The Tribes encourage the establishment of
memoranda of agreement with appropriate persons and agencies to
effectuate the policies contained in this section.
490.320 Reports of Significant Activity Outside the Warm Springs
Reservation. Members of the Tribes, tribal employees, and others are
hereby encouraged to report to the Confederated Tribes all activity
outside the Warm Springs Reservation which might adversely affect
tribal treaty rights.
490.330 Exercise of Treaty Rights Outside the Warm Springs
Reservation. Members of the Confederated Tribes shall exercise treaty
rights outside the Warm Springs Reservation as follows:
(1) Hunting Rights. Hunting rights shall be exercised in
accordance with the provisions of WSTC 350.510.
(2) Root and Berry Gathering Rights. Root and berry gathering
rights shall be exercised in accordance with tribal custom and
tradition.
(3) Pasturing Rights. Pasturing rights shall be exercised in
accordance with terms of a permit issued by the Tribal Council.
Members knowingly violating the terms of the permit shall be deemed
guilty of a crime, and if found guilty may be punished by imprisonment
for a term not to exceed six (6) months or by imposition of a fine not
to exceed $500.00, or both.
490.340 Revocation of Privileges to Exercise Treaty Right Outside the
Warm Springs Reservation. Tribal members exercising treaty hunting,
gathering and pasturing rights in violation of the terms of WSTC
490.330 may have those privileges revoked or suspended by the Tribal
Council after a hearing. A Tribal Council resolution shall establish
the terms and period of suspension or revocation.
490.350 Access to Sites for the Exercise of Treaty Rights. Tribal
members exercising treaty rights pursuant to the provisions of WSTC
490.300 to 490.350 shall treat with respect the private property rights
of owners of land adjacent to unclaimed lands in which treaty rights
are exercised. Tribal members shall endeavor to obtain the consent of
the landowner to gain access to the unclaimed lands. Tribal members
are encouraged to report to the office of the Secretary-Treasurer
instances in which private landowners have denied access to adjoining
unclaimed lands.
AMERICAN INDIAN RELIGIOUS FREEDOM ACT
490.400 Tribal Policy and Legislative Intent. On August 11, 1978,
the Congress of the United States enacted Public Law 95-41 (92 Stat.
469), known as the "American Indian Religious Freedom Act", which
provides "on or after August 11, 1978, it shall be the policy of the
United States to protect and preserve for American Indians their
inherent right of freedom to believe, express, and exercise the
traditional religions of the American Indian, Eskimo, Aleut, and Native
Hawaiians, including but not limited to access to sites, use and
possession of sacred objects, and the freedom to worship through
ceremonials and traditional rites." It is the policy of the
Confederated Tribes to support this act.
490.410 Protection of Indian Religious Freedom. The Tribal Council
of the Confederated Tribes shall, upon the advice of traditional Indian
religious leaders, take such actions as are necessary to implement the
provisions of the American Indian Religious Freedom Act. Traditional
Indian religious leaders shall be responsible for expression and
definition of traditional religious practices on the Warm Springs
Indian Reservation. It shall be the prerogative and the duty of the
Tribal Council, only, after consultation with traditional Indian
religious leaders and the Culture and Heritage Committee to define
traditional Indian religious practices insofar as they relate to the
exercise of tribal Treaty rights.
490.420 Protection of Sacred Sites and Recovery of Sacred Materials.
The Tribal Council shall take such actions as are necessary to protect
sacred sites identified as such by traditional Indian religious
leaders. The Tribal Council shall disseminate information regarding
the nature of tribal sacred objects as identified by traditional Indian
religious leaders, and take such actions as are necessary to recover
sacred objects that have been illegally obtained.
490.430 Access to Sacred Sites. The Tribal Council shall take such
actions as it deems necessary to ensure that tribal members are granted
access to sacred sites.
PROTECTION OF CULTURAL MATERIALS
490.500 Tribal Policy and Legislative Intent. It is the intent of
this Chapter to protect materials of particular cultural significance
to the Confederated Tribes. This regulation is intended to prevent
abuse of tribal privileges by individual members, to protect cultural
materials so that they may be available for future generations, and to
define what are included as cultural materials so that the public may
be aware that they have special significance to the Confederated
Tribes.
490.510 Designation of Tribal Cultural Materials. The following
materials are hereby designated as cultural materials for the purposes
of this Chapter. The list is not exhaustive and may be expanded by
amendment to this Chapter.
(1) Pelts.
(2) Huckleberries.
(3) Choke cherries.
(4) Elderberries.
(5) Deer.
(6) Elk.
(7) Otter.
(8) Salmon.
(9) Trout.
(10) Eels.
(11) Sturgeon.
(12) Indian herbal medicines.
(13) Cedar bark.
(14) Eagles.
(15) Tule reeds.
(16) Wild celery.
(17) Camas.
(18) Bitterroot.
(19) Biscuitroot.
(20) Luksch (desert parsley).
(21) Wild onion.
(22) Wild or Indian potatoes.
(23) Yellow bells.
(24) Pine nuts.
(25) Acorns.
(26) Sunflowers.
(27) Bear.
(28) Cougar.
(29) Water.
(30) Mistletoe.
(31) Pine black lichen.
(32) Wild rose bushes.
(33) Pine moss.
(34) Scraping rocks.
(35) Obsidian.
(36) River bottom rocks.
(37) Ochre.
(38) Willow.
(39) Red willow.
(40) Alder.
(41) Chinkapin.
(42) Kinnick Kinnick.
(43) Blackberries.
(44) Pine needles.
(45) Juniper.
(46) Black sagebrush.
(47) Beaver.
(48) Mushrooms.
490.520 Prohibited Acts. No tribal member shall gather, collect,
possess, sell, barter, exchange, purchase, offer to sell, purchase or
exchange, or transport any cultural material in violation of tribal
laws, traditions or customs. Any tribal member doing so shall, in
addition to any sanctions imposed by any other applicable law, be
subject to such traditional sanctions as may be determined by the
Tribal Culture and Heritage Committee.
OREGON ACT FOR PROTECTION OF INDIAN GRAVES
490.600 Tribal Policy and Legislative Intent. Oregon Revised
Statutes 97.740 through 97.760 provide for the protection of Indian
graves. It is the policy of the Confederated Tribes to support
enforcement of this Act. ORS 97.705 provides:
"(1) If such action is necessary to protect the burial from
imminent destruction, and upon prior notification to the
State Historic Preservation Office and to the appropriate
Indian tribe in the vicinity of the intended action, a
professional archaeologist may excavate a Native Indian
cairn or grave and remove material objects and human remains
for subsequent reinterment under the supervision of the
Indian tribes.
"(2) Except as provided in subsection (1) of this section,
any proposed excavation by a professional archaeologist of a
Native Indian cairn or grave shall be initiated only after
prior written notification to the State Historic Preservation
Office and with the prior written consent of the appropriate
Indian tribe in the vicinity of the intended action. Failure
of a tribe to respond to a request for permission within 30
days of its mailing shall be deemed consent. All material
objects and human remains removed during such an excavation
shall, following scientific study, be reinterred at the
archaeologist's expense under the supervision of the Indian
tribe.
"(3) In order to determine the appropriate Indian tribe under
this section and ORS 97.745, a professional archaeologist or
other person shall consult with the Commission on Indian
Services which shall designate the appropriate tribe."
It is the intent of WSTC 490.610 to provide a mechanism for
expeditiously determining whether or not written consent for an
excavation shall be given pursuant to ORS 97.750(2).
490.610 Procedures for Obtaining Consent. A request for consent to
excavate pursuant to ORS 97.750 shall be presented to the
Secretary-Treasurer for the Confederated Tribes. The
Secretary-Treasurer shall direct appropriate representatives of the
Confederated Tribes to conduct an investigation of the matter and make
a formal written report to the Tribal Council within 20 days
recommending whether or not consent to the excavation be granted and
if any granted, what if any conditions should be imposed on the
excavation.
TRIBAL PURCHASE OF ARTIFACTS
490.700 Purchase of Artifacts By the Middle Oregon Indian Historical
Society. The Confederated Tribes have chartered the Middle Oregon
Indian Historical Society to assist in the protection and preservation
of the Tribes' culture. The Middle Oregon Indian Historical Society
has an accessions program to purchase or receive donations of artifacts
and other materials having significance to the Confederated Tribes. It
is the policy of the Confederated Tribes that persons possessing
materials with religious, historical, or cultural significance to the
Confederated Tribes be encouraged to offer for sale or donate these
materials to the Middle Oregon Indian Historical Society in order to
prevent the dispersion and loss of materials important to the
preservation of the culture of the Confederated Tribes.
OREGON LAND CONSERVATION AND DEVELOPMENT COMMISSION
GOAL 5 IMPLEMENTATION
490.800 Tribal Policy and Legislative Intent. Among other things,
Goal 5 adopted by the Oregon Land Conservation and Development
Commission provides for inventorying and protecting historical,
archaeological and cultural sites. A copy of LCDC Goal 5, "Open
Spaces, Scenic and Historic Areas, and Natural Resources", is attached
to this Chapter. It is the policy of the Confederated Tribes to
support the implementation of Goal 5 and it is the purpose of WSTC
490.800 through 490.840 to establish a tribal mechanism to interact
with state and local governments charged with implementing LCDC Goal 5.
The Middle Oregon Indian Historical Society, the Tribal Culture and
Heritage Committee, and the Tribal Cultural Department, under the
overall supervision of the Secretary-Treasurer of the Confederated
Tribes, shall develop and present to the Tribal Council for adoption a
plan for identifying inventorying, and reporting significant historic,
cultural, and archaeological sites for designation as such by the
Tribal Council in areas outside the Reservation boundaries. The
inventory plan shall contain objective and subjective criteria to be
used in deciding which historic, cultural, and archaeological sites are
significant and warrant special protection.
490.820 Tribal Council Designation of Significant Historical,
Cultural and Archaeological Sites. The Tribal Council shall designate
significant historic, cultural, and archaeological sites as those terms
are defined by WSTC 490.010 outside the Warm Springs Reservation, and
shall cause to be prepared a report detailing such sites in appropriate
form to be presented to state and local officials to aid in the
implementation of LCDC Goal 5.
490.830 Tribal/State Coordination. The Tribal Council of the
Confederated Tribes shall have the responsibility for coordination with
state and local governments implementing LCDC Goal 5. The tribal point
of contact for such coordination shall be the office of the
Secretary-Treasurer of the Confederated Tribes.
490.840 Expedited Procedures for Sites in Developing Areas. The
Secretary-Treasurer of the Confederated Tribes shall develop expedited
procedures for the evaluation of historic, cultural, and archaeological
sites located in areas under development. The Confederated Tribes
recognize that rapid response to requests for information by state and
local governments is necessary for the effective implementation of LCDC
Goal 5, and to prevent hardship on the users of land.
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