TITLE 4 NATURAL RESOURCES AND ENVIRONMENT

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CHAPTER 4-25 RECREATION

GENERAL PROVISIONS

4-25-1

Title

This Chapter shall be known as the Colville Recreation Chapter of this Code.

4-25-2

Policy

It is the policy of the Confederated Tribes of the Colville Reservation (Confederated Tribes, Colville

Tribes, Tribes) to restore, preserve, and protect the resources on the Colville Indian Reservation, the North

Half, and off the Colville Reservation on lands over which the Colville Tribes exercises authority and

jurisdiction.

4-25-3

Legislative Intent

(a) Pursuant to the power vested in it by Article V of the Constitution of the Confederated Tribes of the

Colville Reservation, the Colville Business Council of the Tribes recognizes the spiritual, cultural, and

economic value of the wildlife and recreation resources of the Colville Reservation and on the North Half

and within the aboriginal territory of the Colville Confederated Tribes; that these resources are an

irreplaceable tribal asset; that unregulated use of recreation resources of the Tribes would threaten the

political integrity, economic security, and health and welfare of the Tribes; it is the duty of the Tribes to

regulate and properly manage resources located within the aboriginal territory of the Tribes and hereby

enacts this Recreation Chapter to ensure proper and support management of these vital resources.

(b) The Colville Tribal people alone have the absolute, inherent, retained sovereign right to use and enjoy

the Colville Reservation and the resources located thereon. In regulating recreation resources of the

Reservation, the Colville Business Council intends that tribal members shall be afforded the greatest

possible freedom to use and enjoy these resources consistent with the preservation and improvement of

these resources for future generations.

(c) Of secondary importance is the policy of permitting recreation resources of the Reservation by nonmembers for the economic benefit of the Tribes as a whole, and for the promotion of intercultural education

and good will.

4-25-4

Scope and Coverage of Chapter

This Chapter and all regulations adopted under this Chapter shall apply to all persons who engage in

recreational activities on the Colville Indian Reservation or any lands subject to the authority and

jurisdiction of the Colville Tribes.

4-25-5

Jurisdiction and Management

(a) Except as otherwise provided by this Chapter, the Colville Tribes, through its Colville Business

Council, Tribal Court, and such other tribal entities as are designated by tribal law, shall have absolute,

original, and exclusive jurisdiction to regulate and adjudicate all matters pertaining to recreation resources

on the Reservation, such other lands as have been or may be added to the Reservation, allotments, and all

other lands over which the Colville Tribes exercises authority and jurisdiction.

(b) To the greatest extent permissible by law, the provisions of this Chapter shall apply to any person on

lands in the North Half and on other lands were the Colville Confederated Tribes may be authorized to

enforce its interests or rights and to any member asserting rights held by the Tribes without regard to

location. By agreement approved by the Colville Business Council such authority may be delegated, or

carried out through cross deputization agreements.

jurisdiction over all violations of this Chapter and any regulation adopted pursuant thereto except as this

Chapter reserves that authority to the Colville Business Council or allows for potential federal prosecution.

(June 2024)

(d) In addition to the other jurisdictional provisions of this section, the Colville Confederated Tribes:

(1) Hereby assumes exclusive control and management of all National Park Service designated

campsites in the freeboard area within the Indian zone, namely: Sanpoil Campground, Three-Mile,

Wilmont Creek, Roger’s Bar, Bissel Flats (AA Camp), and Barnaby Island. Such sites shall be

designated for camping and picnicking by non-members subject to the provisions of this Chapter;

(2) Will designate other shoreline and freeboard areas where it will permit without charge casual

daytime stopping and picnicking without fires for the convenience and enjoyment of the general

public in its use of Lake Roosevelt for boating, swimming, water skiing, hunting, fishing, and

other recreational purposes. Such designated areas will be suitably posted and publicized. The

general public is forbidden to so utilize any beach, shoreline, or freeboard area that is not so

designated;

(3) Except as authorized by regulation adopted pursuant to this Chapter, hereby designates all

shorelines of Lake Roosevelt Reservoir area bordering the Colville Reservation to the 1310 line

for the exclusive use by residents of the Colville Reservation, tribal members and their children

and spouses, and other Indians for swimming, picnicking, and other recreational uses. No other

person will be permitted to enter said area or to boat within two hundred (200) feet of its shoreline

or within a larger water surface area that may be marked off with suitable buoys;

(4) Hereby designates the Omak Lake beach areas located in Sections 29 and 30, T.32N., R.28E,

WMW, be restricted to use by enrolled members of the Colville Confederated Tribes and their

immediate families and their invited guests, and that, Colville Tribal Forestry, construct and place

wooden signs in prominent locations on Omak Lake advising the public of these new restrictions.

(5) It hereby assumes exclusive jurisdiction and control over Indian boats and boating within the

Indian zone adopting by reference, however, the safety regulations of the National Coast Guard

with regard to the operation of boats. The Coast Guard, National Park Service and/or State of

Washington are acknowledged, until further notice, to have jurisdiction concurrent with that of the

Tribes to enforce among non-Indians all of their relevant rules and regulations regarding boat

registration, safety regulations and related matters;

(6) Unless, otherwise provided by federal law, it hereby assumes exclusive jurisdiction to govern

and regulate the issuance of permits for concessions, docks, pumping stations and other activities

and structures within the Indian Zone.

4-25-6

Definitions

In this Chapter, unless the context requires another meaning, the following terms shall mean:

(a) "Colville Business Council" or "Council" means the elected governing body of the Confederated Tribes

of the Colville Reservation as prescribed in Article II of the Colville Constitution.

(b) "Camping" means the erecting of a tent or shelter of natural or synthetic material, preparing a sleeping

bag or other bedding material for use, parking of a motor vehicle, motor home or trailer, or mooring of a

vessel, for the apparent purpose of overnight or extended occupancy.

(d) "Closed waters" means any lake, river, stream, body of water, or any part thereof on or off the

Reservation described or designated by this Chapter or regulation wherein it shall be unlawful to recreate.

(e) "Colville Indian people" means enrolled members of the Confederated Tribes of the Colville

Reservation.

(June 2024)

(f) "Conveyance" means terrestrial or aquatic vehicles including, vessels, aircraft, motorboat, sailboat,

personal watercraft, trailer, or any other means or method of transportation

(g) "Department" means the Parks and Recreation Department.

(h) "Designated campground" means a site where tent or trailer camping is permitted. Designated

campgrounds are of two types:

(1) Primitive (outhouses, picnic tables, and grills); and

(2) Developed (flush toilets, water, picnic tables, and grill).

(i) “Freeboard” or “Freeboard area” means the land located between the base flood elevation and the high

water mark to account for waves, debris, miscalculations, lack of data, or changes in climate.

(j) "Guest" means any non-member, not qualifying as family of a tribal member, who engages in trail, offroad use, or camping activities in the company of one or more adult tribal member(s).

(k) "Head of household" means any member of the Tribes who is solely or substantially responsible for

providing his or her own care and maintenance or that of his family.

(l) "Highway legal" means any motorized vehicle legal to operate on all public, all primary and secondary

highways, state highways and interstate highways, including the entire right-of-way.

(m) "Highway road" means all primary and secondary state highways and interstate highways, including

the entire right-of-way.

(n) "Immediate family" or "family of tribal member" means related persons and immediate kin of both a

tribal member and a non-member spouse, whether related by blood or marriage, including parents, children

(including foster children and children of previous marriages), brother, sister, aunts, uncles, grandparents,

grandchildren, nieces, nephews, cousins, as well as members of the household of a tribal member living

under the same roof.

(o) "Indian" means any person of Indian descent who is a member of a federally recognized Indian Tribe

according to the laws of that tribe, and any other person recognized by federal or tribal law as an Indian for

any purpose, and denotes both the singular and the plural.

(p) "Member" or "tribal member" means any person who is enrolled in the Confederated Tribes of the

Colville Reservation (Colville Confederated Tribes, Colville Tribes, or Tribes).

(q) "Minor" means for purpose of this Chapter only, any person under the age of sixteen (16) years.

(r) "Natural resources enforcement officer(s)" means the person or persons charged with the responsibility

of enforcing this Chapter regulations and tribal resolutions promulgated hereunder and shall include all

Colville Tribal:

(1) Police officers;

(2) Parks & Recreation Program law enforcement personnel;

(3) Regulatory enforcement officer; and

(4) Any other qualified individual authorized by the Colville Business Council to act as a natural

resources enforcement officer under this Chapter.

(s) "Non-highway road" means any public road within the boundaries of the Colville Reservation, except

(June 2024)

highways.

(t) "Non-motorboats" means boats that are not powered by a motor, power plant, gas or electric engine, i.e.,

boats powered by oars, canoe, paddleboat, float tube, kayak and rubber rafts.

(u) "Non-motorized vehicle" commonly known as a mountain bike.

(v) "North Half" means all lands of the Colville Reservation as set apart in the Executive Order of July 2,

1872, that were ceded to the United States pursuant to the Agreement of May 9, 1891, in which the Tribes

holds reserved rights to hunt, fish, and gather, and which consists generally of the lands between the current

northern boundary of the Reservation and the Canadian border and between the Okanogan and Columbia

rivers.

(w) “Off-reservation" means all lands, territories, waters and streams located outside the Colville

Reservation as defined in section 1-1-361 of this Code, including but not limited to the North Half.

(x) "Off-road vehicle" or "ORV" means any motorized vehicle, when used for recreational travel on trails,

non-highway roads and cross-country travel over natural terrain; such vehicles include but are not limited

to: motorcycles, dune buggies, snowmobiles, and all-terrain vehicles.

(y) "On reservation" means within the exterior boundaries of the Colville Reservation as defined in section

1-1-361 of this Code.

(z) "Operator” means any person who operates or is in physical control of an ORV.

(aa) "ORV closed area" means that portion of the Colville Reservation where the use of an ORV is

prohibited.

(bb) "Owner" means any person, other than a mere lien holder, having a property interest in an ORV and

entitled to use or possess said ORV.

(cc) "Undeveloped and un-maintained areas" means areas where the Tribes has no campground facilities

and which the Tribes does not maintain. Because there is no garbage pick-up in these areas, everything that

is packed in must be packed out.

(dd) "Person" means any individual, firm, partnership, association or corporation.

(ee) "Pollution" or "to pollute" means the introducing by any means of any substance in liquid, solid or

gaseous form into or upon Reservation resources in sufficient quantities as may be directly or indirectly

injurious to the health, safety or welfare of the Reservation population or which may be directly or

indirectly injurious to livestock, wildlife, and their habitat.

(ff) “Public highway” means every road, regardless of surface, maintained by federal, state, county or other

public funds.

(gg) "Public housing site" means areas of public housing on trust or tribal land. Examples include: Colville

Indian Housing Authority or HUD housing sites, trailer courts, and the Nespelem Agency Campus public

housing.

(hh) "Random camping" means camping outside designated camping areas.

(ii) "Recreational vehicle" means a vehicle or unit that is self-propelled or mounted on or drawn by another

vehicle designed for temporary living which may be moved on public highways. Recreational vehicles

include travel trailers, camping trailers, truck campers, and motor homes.

(jj) "Regulation" means any rule, regulation, resolutions or ordinance promulgated pursuant to this Chapter.

(June 2024)

(kk) "Resolution" means a written action or decision by the Colville Business Council of the Colville

Confederated Tribes including the enactment of a tribal law or laws.

(ll) "Reservation" means the Colville Reservation as defined in section 1-1-361 of this Code.

(

(mm) " Shoreline" means all Type 1, Type 2, Type 3, and Type 4 waters of the Reservation as defined in

CTC § 4-15-5 et seq., including reservoirs, and their associated shorelines, floodplains and wetlands,

together with the lands underlying them. Shoreline includes all beaches of the Reservation.

(nn) "Shoreline jurisdiction" means those lands subject to the regulation contained in the Shoreline

Management Program. Such lands include those extending landward 400 feet on a horizontal plane from

the ordinary high water mark of Type 1 waters; 300 feet on the horizontal plane from the ordinary high

water mark of Type 2 waters; 200 feet on a horizontal plane from the ordinary high water mark of Type 3

waters; and 100 feet on the horizontal plane from the ordinary high water mark of Type 4 waters; including

any floodways and contiguous floodplain areas and all wetlands associated with the streams and lakes

which are subject to the provisions of this policy.

(oo) "Shorelines of the Reservation" are the total of all "shorelines" within the Reservation.

(pp) "Spouse" for purposes of this Chapter means a wife or husband of an enrolled tribal member.

(qq) "Trail" means any path used for travel, which is not necessarily suitable for travel by automobile.

(rr) "Trespass" means to:

(1) Enter upon the real property of another that is posted to prohibit trespassing, is fenced or

contains obvious outward signs of habitability without permission of the owner or the owner's

agent;

(2) Enter tribal lands that are not specifically posted as open to the public;

(3) Refuse to depart from or re-enter the Colville Reservation in violation of an order of exclusion

issued by the Tribal Court as provided by this Code; or

(4) Take any other action identified as trespassing under this Chapter or Chapters 3-1 and 3-7 of

the Colville Tribal Code.

(ss) "Tribal land" means land owned in fee by the Confederated Tribes of the Colville Reservation or a

tribal member and/or land held in trust by the United States for the Tribes or individual Tribal members.

(tt) "Watercraft" means any boat or other floating device of rigid or inflatable construction which is

designed to carry people or cargo on the water, and which is propelled by machinery, oars, paddles, or wind

action on a sail; except makeshift contrivances constructed of inner tubes or other floatable material and not

propelled by machinery, personal floatation devices worn or held in hand, and other objects used as floating

or swimming aids.

REGISTRATION

4-25-100

Registration/Identification of Boats

(a) All vessels used on Reservation pursuant to this Chapter shall be clearly identified as required by

regulations, and this section.

(b) Each owner of a boat shall identify it as follows:

(1) All vessels shall have a boat identification plaque displayed in a manner

(June 2024)

visible from a distance of ten (10) yards from the vessel;

(2) All identification shall be easily visible without having to remove the boat from the water. It

shall be unlawful to operate without having all identification required by this section properly

attached.

ON-RESERVATION, NON-MEMBER PASSES

4-25-200

Reservation Use Pass Required

The Department will develop a reservation use pass and associated regulations for non-members who are

recreating on the Reservation. The Department will also set all fees. The regulations and fees must be

approved by Resolution of the Colville Business Council.

4-25-201

Duty to Open

Nothing in this subchapter shall create a duty to allow any on Reservation non-member recreation.

4-25-202

Regulations

(a) Except as otherwise provided by this section, the Colville Business Council may adopt, amend, or

repeal rules and regulations covering any activity or procedure under this Chapter.

(b) The notice of the proposed rulemaking shall specify the time and place at which the Council will

discuss and the public may appear and comment in person on the proposed rules and regulations. Neither

the tribal department proposing the rule nor the Colville Business Council shall be required to accept or

consider written comments or hold a public hearing on the proposed rulemaking unless otherwise

determined by the Council.

TRIBAL TAX (RESERVED)

PROHIBITED ACTS

4-25-300

Prohibited Acts

Unless modified by rule or regulation the following prohibited acts are established.

4-25-301

Violations of Chapter or Regulations

No person shall take any action which is a violation of any provision of this Chapter or any regulation

adopted pursuant to this Chapter.

4-25-302

Resisting

No person shall resist or obstruct any conservation officer or other duly authorized tribal law enforcement

officer or other peace officer in the discharge of his duty while enforcing the provisions of this Chapter or

other tribal regulations pertaining to hunting and fishing.

4-25-303

Defacing

No person shall destroy, tear down, shoot at, deface or erase any printed matter or signs placed or posted by

or under the instructions of the Colville Business Council to assist in the enforcement of this Chapter and

regulations promulgated pursuant to this Chapter.

4-25-304

Aiding and Abetting

No person shall counsel, encourage, solicit, request, aid, procure or abet another to commit any act

prohibited under this Chapter or under any regulation of the Parks and Recreation Program of the Colville

Confederated Tribes.

(June 2024)

4-25-305

Entering Game Reserve

No person shall enter upon a game refuge or other area closed to recreation except as may be authorized by

the Department or necessary for enforcement of this Chapter authorized personnel.

4-25-306

Pollution

No person shall while recreating under the permission of this Chapter pollute any water or lands. Provided,

enforcement under this Chapter shall be in addition to enforcement provision for pollution found in tribal

law.

4-25-307

Littering

No person, while engaged in any activity regulated by this Chapter, shall deposit upon any public or private

property any debris, paper, litter, glass bottles, glass, nails, tacks, hooks, cans, barbed wire, boards, trash,

garbage, lighted material or waste substances on any place without authorization from the Tribes or the

owner of the property affected.

GENERAL ENFORCEMENT PROVISIONS

4-25-400

Notice

(a) Signs shall be posted conspicuously along the boundaries of the Reservation and at all roadway points

of entry putting the public on notice that:

(1) Permission to enter is conditional on consent to tribal jurisdiction;

(2) Violators of tribal regulations are trespassing and are subject to tribal and federal sanctions;

(3) Visitors must inquire locally for permits and information.

(b) The lack of the signs required by this section or the lack of knowledge of such signs shall not be a

defense in any action brought in the name of the Tribes to enforce this Chapter.

4-25-401

Civil Actions

Except as otherwise provided in this Chapter, all violations of this Chapter or regulations promulgated

under this Chapter shall be considered civil in nature, and shall be adjudicated as provided by the

Infractions; Field Bonds; Other Civil Violations and Forfeitures Chapter under this Code.

4-25-402

Disposition of Fees, Penalties and Damages: Report

All fees resulting from the sale of permits by the Fish and Wildlife Department and its agents, and all fines,

costs, monies, penalties or damages collected for violations of this Chapter or regulations promulgated

thereunder shall be deposited in a special Parks and Recreation account and shall be available for

expenditure pursuant to a Colville Business Council approved budget in connection with the maintenance

and protection of recreation resources of the Colville Indian Reservation.

4-25-403

Enforcement/Right of Entry in Course of Duty

(a) All natural resources enforcement officers shall have the authority and the duty to enforce the

provisions of this Chapter and regulations adopted thereunder.

(b) Any authorized assistants, employees, agents, appointees or representatives of the Tribes may, in the

course of their inspection, enforcement and/or management duties as provided for in this Chapter, enter

upon any lands, real estate, waters or premises except the dwelling house or appurtenant buildings on the

Reservation whether public or private and remain thereon while performing such duties. In no event other

than an emergency such as firefighting shall motor vehicles be used to cross a field customarily cultivated,

without prior consent of the owner. None of the entries herein provided for shall constitute trespass.

4-25-404

Warrants, Subpoenas and Service of Process

Any natural resources enforcement officer may, in addition to exercising any other powers granted by this

(June 2024)

Chapter:

(a) Execute warrants issued for the arrest of violators of this Chapter;

(b) Execute search warrants issued by the Tribal Court or any other court in matters arising under this

Chapter;

4-25-405

Searches and Seizures

(a) Any natural resources enforcement officer may, without a search warrant, search any aircraft,

watercraft, vehicle, box, game bag, locker, backpack, bedroll, sleeping bag, or other container or package if

the officer has probable cause to believe that wildlife or parts thereof taken in violation of this Chapter or

the instrumentalities of such illegal taking are contained therein.

(b) This section shall not be construed to permit the warrantless search of any non-mobile dwelling house

(including mobile/modular homes) or any outbuilding within the enclosed land surrounding it.

4-25-406

Representation of the Tribes in Actions Arising Under this Chapter

The Tribal Prosecutor, the natural resources enforcement officer or, in the case of conflict of scheduling or

interest, such other counsel for the Tribes as the Colville Business Council may designate, shall represent

the Tribes in all actions arising under this Chapter to which the Tribes is a party, whether such actions are

civil or criminal.

4-25-407

Trespassing

Violation of this Chapter by nonmembers shall be considered immediate revocation of permission to enter

the Reservation and may render the violator a trespasser. It shall be unlawful for any nonmember to

trespass on the Colville Reservation.

4-25-408

Federal Prosecution

(a) Nothing in this Chapter shall be deemed to preclude the federal prosecution under 18 U.S.C. 1165 of

nonmembers who trespass on the Reservation. Any natural resources enforcement officer or the prosecutor

may follow the procedure provided by applicable law to initiate federal prosecution in addition to or in lieu

of any other enforcement procedure provided for by this Chapter.

(b) This Chapter has been enacted to protect the resources of the Colville Tribes, and the taking or using of

tribal property or services contrary to the terms of this Chapter constitutes theft of tribal assets. Nothing in

this Chapter shall be deemed to preclude federal prosecution of violators under 18 U.S.C. 1163 for theft of

tribal assets or any other federal law designed to protect tribal wildlife or other natural resources. Any

natural resources enforcement officer may follow the procedure provided by tribal law to initiate federal

prosecution in addition to or in lieu of any other enforcement procedure provided for by this Chapter.

4-25-409

Expulsion

Nothing in this Chapter shall be deemed to preclude the use of the remedy of expulsion of nonmembers for

violation of this Chapter and any natural resources enforcement officer or other appropriate official may

follow the procedure provided by tribal law to initiate an action for expulsion in addition to or in lieu of any

other enforcement procedure provided for by this Chapter.

BOATING AND WATER USE ACTIVITIES

4-25-500

Application

The rules set into herein apply to Lake Roosevelt, all boundary waters of the Colville Reservation and all

water bodies on the Reservation.

(June 2024)

4-25-501

Inspection

(a) Natural resources enforcement officer may at any time stop and/or board a vessel to examine

documents, licenses or permits relating to the operation of the vessel, and to inspect such vessel to

determine compliance with regulations pertaining to safety equipment and operation.

(b) A natural resources enforcement officer who observes a vessel being operated without sufficient

lifesaving or firefighting devices, or in an overloaded or unsafe condition, as defined in United States Coast

Guard or this subchapter, may direct the operator to take immediate and reasonable steps necessary for the

safety of those aboard the vessel, including but not limited to directing the operator to:

(1) Correct the hazardous condition immediately;

(2) Proceed to a mooring, dock, or anchorage; or

(3) Suspend further use of the boat until the hazardous condition is corrected.

4-25-502

Prohibited Operations

The following activities are prohibited under this Chapter:

(a) Operating a vessel, or knowingly allowing another person to operate a vessel, in a reckless or negligent

manner, or in a manner so as to endanger or likely to endanger any person or property. It shall be deemed a

per se violation of this section to operate a vessel while under the influence of alcohol or controlled

substance or in a designated swimming area.

(b) Operating a vessel when under the influence of alcohol or controlled substance.

(d) Operating a vessel more than five (5) mph or creating a wake in areas so designated by signs and/or

buoys.

(e) Operating a vessel within one hundred (100) feet of a diver's marker, downed water skier or swimmer.

(f) Harassing, while operating a motorized vessel, individuals lawfully engaged in activities on tribal waters

or shorelines.

(g) Operating a vessel in an area marked and designated as a swimming area.

(h) Allowing a person to ride on the gunwales, transom, or on the decking over the bow of a vessel

propelled by machinery when operated in excess of five (5) mph; Provided, however, that this provision

shall not apply under the following circumstances:

(1) When that portion of the vessel was designed and constructed for the carrying of passengers

safely at all speeds;

(2) When the vessel is being maneuvered for anchoring, mooring or casting off moorings.

(i) Attaching a vessel to or interfering with a marker, navigation buoy or other navigational aid.

(j) Using trailers to launch or recover vessels, except at designated launching sites.

(k) Operating a vessel at a speed greater than that which will permit the operator to bring the vessel to a

stop to avoid injury to persons or property. The operator of a vessel is responsible for its wake at all times.

(l) Overloading a boat beyond its safe carrying capacity rating, taking into consideration weather and other

normal operating conditions.

(June 2024)

(m) Capacity plates are required on all boats less than twenty (20) feet in length constructed on or after

November 1, 1972. Capacity plates state the boat maximum weight capacity, maximum persons capacity

and for outboard powered boats, the maximum horsepower. Exceptions to this requirement are sailboats,

canoes, kayaks, and inflatable boats.

4-25-506

Personal Floatation Device

(a) Personal Floatation Device (PFD) requirements for recreational vessels under sixteen (16) feet: All

boats less than sixteen (16) feet in length and all canoes and kayaks, must have one TYPE I, II, III, or IV

PFD of a suitable size for each person on board; including water skiers being towed by the vessel.

(b) PFD requirements for recreational vessels sixteen (16) feet and over: All boats sixteen (16) feet or over

in length must have one TYPE I, II, III (wearable) PFD of a suitable size for each person on board;

including water skiers being towed by boat. Also one TYPE IV (thowable) PFD must be aboard each boat.

Canoe and kayak boats are not required to have a TYPE IV PFD All PFD's must be U.S. Coast Guard

approved, in serviceable condition, and of an appropriate size for the person who intends to wear it.

(1) On boats less than 19 feet in length;

(2) Whenever a vessel is underway;

(3) When on an open deck or in an open cockpit;

(4) On any waters of the Reservation and boundary waters.

4-25-507

Fire Extinguisher

(a) All motorboats less than twenty-five (25) feet in length shall be equipped with one (1) U.S. Coast Guard

approved Type B-1 fire extinguisher.

(b) All motorboats twenty-six (26) feet in length to less than forty (40) feet in length shall be equipped with

at least two (2) U.S. Coast Guard approved Type B-1 fire extinguishers or one (1) U.S. Coast Guard

approved Type B-11 extinguisher.

least three (3) U.S. Coast Guard approved Type B-1 fire extinguishers or one (1) U.S. Coast Guard

approved Type B-11 fire extinguisher.

4-5-508

Additional Safety Equipment

Every motorboat:

(a) Sixteen (16) feet or over in length shall be equipped with an efficient whistle or other sound-producing

appliance;

(b) Shall have two or more ventilators with cowls or the equivalent capable of removing gases from bilges

in any compartment containing gasoline engines or gasoline tanks. Motorboats so constructed as to have

the

greater portion of the bilges under the engine and fuel tanks open and exposed to the natural atmosphere at

all times are not required to be fitted with such ventilators;

Such device shall be of the type approved by the Commandant, U.S. Coast Guard;

(d) Shall have the exhaust to every internal combustion engine used on any motorboat effectively muffled

by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner.

(June 2024)

4-25-509

Navigation Lights

(a) All non-motorboats anchored or underway from sunset to sunrise or at such times as vision is less than

five hundred (500) feet shall be equipped with a hand lantern showing a white light which shall be

temporarily exhibited in sufficient time to prevent a collision.

(b) All motorboats less than twenty six (26) feet in length underway from sunset to sunrise or at such a time

as vision is less than five hundred (500) feet shall be equipped with the following lights:

(1) One (1) white light aft to show all around the horizon (32 points in the compass or 360

degrees);

(2) One (1) combination light on the fore part of the vessel lower than the white light aft, showing

a green light to the starboard and a red light to the port side of the vessel, each showing ten (10)

points of the compass or 112.5 degrees.

to sunrise or at such times that vision is less than five hundred (500) feet shall be equipped with the

following lights:

(1) One (1) white light as far forward as possible to show an unbroken light twenty (20) points of

the compass or two hundred and twenty five (225) degrees with ten (10) points or 112.5 degrees

on each side of the vessel;

(2) One (1) white light aft to show all around the horizon (32 points of the compass or 360

degrees) and higher than the white forward;

(3) One (1) red light on the port side and one (1) green light on the starboard side showing ten (10)

points on the compass or three hundred and sixty (360) degrees with a screen installed to prevent

lights from being seen across the bow.

(d) Every white light required in this section shall be carried on the centerline of the vessel, except that the

all around white light aft on a motorboat of less than twenty-six (26) feet in length may be carried off the

centerline.

All motorboats may display in lieu of this section navigation lights required by the International Rules of

the Road.

4-25-510

Water Skiing

(a) The towing of person by vessels is prohibited, except in designated waters.

(b) Where towing is authorized, the following are prohibited:

(1) Towing between the hours of sunset and sunrise;

(2) Towing a person who is not wearing a Coast Guard approved personal floatation device;

(3) Towing or being towed in channels or within five hundred (500) feet of areas designated as

harbors, swimming beaches, or mooring areas, or within one hundred (100) feet of a person

fishing or swimming or diver's marker. Skiers must be picked up by a vessel before coming within

one hundred (100) feet from the shoreline in the process of landing.

(4) On interior lakes towing or being towed in channels or within one hundred (100) feet of areas

designated as harbors, swimming beaches, or mooring areas, or within one hundred (100) feet of a

person fishing or swimming or diver's marker. Skiers must be picked up by a vessel before coming

within one hundred (100) feet of shore; provided, when safe, the skier and the towing vessel may

(June 2024)

come within less than one hundred (100) feet from the shoreline in the process of landing.

observer shall continuously observe the person or persons being towed and shall display a flag immediately

after the towed person or persons fall into the water, and during the time preparatory to skiing while the

person or persons are still in the water. Such flags shall be a bright red or brilliant orange color, measuring

at least twelve (12) inches square mounted on a pole not less than twenty four (24) inches long and

displayed as to be visible from every direction.

4-25-511

Age Requirements to Operate Motorboat

(a) It shall be unlawful for a minor under the age of sixteen (16) years to operate a motorboat, powered by

an engine of ten (10) horsepower or more, unless accompanied by a person who is legally capable of

operating such motorboat.

(b) It shall be unlawful for a minor ten (10) years of age or under to operate a motorboat in excess of four

(4) horsepower.

minor to operate a motorboat in violation of subsections (a) and (b) above.

4-25-512

Duty of Operator Involved in Collision, Accidents, or Other Casualty—Immunity from Liability of

Person Rendering Assistance

(a) Accidents: All incidents involving an accident, collision, fire injury, or other casualty shall be reported

to the Parks & Recreation Program within twenty four (24) hours. Filing this report satisfies applicable

National Park Service accident report requirements. Filing shall be made to any natural resources

enforcement officer or National Park Ranger, or to the Parks & Recreation Program, or the National Parks

Service Office.

(b) The operator of a vessel involved in a collision, accident, or other casualty, to the extent the operator

can do so without serious danger to the operator's own vessel or person aboard, shall render all practical

and necessary assistance to persons affected by the collision, accident, or casualty to save them from

danger caused by the incident. Assistance rendered under this section shall not be evidence of the liability

of such operator for the collision, accident, or casualty. The operator shall also give his name, address, and

identification of the operator's vessel to the Parks & Recreation Program, natural resources enforcement

officer, and the National Park Service if the accident, collision or other casualty occurred on Lake

Roosevelt and any person injured and to the owner of any property damaged. These duties are in addition to

any duties otherwise imposed by law.

renders assistance at the scene of a vessel collision, accident, or other casualty, without objection of the

person assisted, shall not be held liable for any civil damages as a result of the rendering of assistance or for

any act of omission providing or arranging salvage, towage, medical treatment, or other assistance, where

the assisting person acts as any reasonably prudent person would have acted under the same or similar

circumstances.

4-25-513

Motorboats Crossing

(a) Motorboats Crossing: When two (2) motorboats are crossing so as to involve risk of collision, the vessel

which has the other on their starboard side shall keep out of the way of the other.

(b) Sailing Vessel Right of Way: When a motorboat and a sailboat are proceeding in such a direction as to

involve risk of collision, the motorboat shall keep out of the way of the sailboat, except when the sailing

vessel is overtaking the motorboat from behind.

way, the other is to maintain her course and speed.

(June 2024)

4-25-514

Overtaking Vessels

(a) When two motorboats are running in the same direction and the vessel astern desires to pass, it must

give the sound signal: two (2) short horn blasts to pass on the port side and one (1) short horn blast to pass

on the starboard side.

(b) If the course ahead is not safe for passing, the stand-on (privilege) vessel, shall indicate so by sounding

five or more short rapid horn blasts. This danger signal must be used on both inland and international

waters.

vessel with the other vessel's signals, the danger signal shall be sounded, and both vessels shall be slowed

or stopped, until signals for passing safely are sounded and understood.

4-25-515

Right of way—Fishing Vessels

Vessels underway shall keep out of the way of sailboats or boats fishing with nets, lines, trawl, beach seines

or fish weirs or platforms. This section shall not give to any vessel or boat engaged in fishing the right of

totally obstructing a channel used by vessels other than fishing vessels such that other vessels are denied

passage, unless permitted by tribal regulations implementing the Tribes fishing rights. All public ferries

will have the right of way at all times, regardless of the type of boat that is yielding the right of way.

4-25-516

General Prudential Rule

In obeying and construing this subchapter, due regard shall be had to all dangers of navigation and collision

and to any special circumstances which may render a departure from the normal navigation rules in order to

avoid immediate danger.

4-25-517

Shooting from a Boat

No person will be allowed to hunt or shoot from a boat unless said person has a tribal hunting permit or is

enrolled in the Colville Tribes, and then only when the boat is not under power and all forward momentum

is stopped.

4-25-518

Garbage

(a) It shall be unlawful for any person, to throw or discard into the waters any waste, debris, refuse, oil,

garbage or other fluids or solid materials which in any manner tend to pollute said water or shore.

(b) The prohibition in subsection (a) above shall apply to all persons on the shore, all persons on a

watercraft, and all persons on a structure extending onto a waterway.

4-25-519

Trespassing and Vandalism

The following are prohibited:

(a) Trespassing entering or remaining in or upon personal property or real property of the Colville

Confederated Tribes located in that portion of the Indian Zone located within the Lake Roosevelt not open

to the public, except with the express invitation or consent of the Colville Confederated Tribes;

(b) Destroying, injuring, defacing, or damaging personal property or real property of the Colville

Confederated Tribes.

4-25-520

Swimming

(a) The following are prohibited:

(1) Swimming or bathing in locations designated as closed;

(2) Swimming from vessels which are underway, except in circumstances where a capable

operator is on board and all propulsion machinery is off and/or sails are furled.

(June 2024)

(b) The natural resources enforcement officer may prohibit the use of

floatation devices, glass containers, kites, or incompatible sporting activities within locations designated as

swimming beaches.

water of designated swimming beaches and must supervise the children's activity. Voice and visual contact

must be maintained with the child.

4-25-521

Fires

(a) It shall be a violation of this Chapter to engage in the following activities:

(1) The willful or careless setting or starting of a forest fire, brush, grass fire or other destructive

fire;

(2) Failure to maintain a campfire;

(3) Setting a campfire in an area where fires are prohibited by any person while on the

Reservation.

(b) Enforcement action under this Chapter for the violation of this section shall not relieve a person from

liability under any other provision of tribal or federal law relating to fire control, nor from liability for any

damage caused.

(d) Leaving a fire unattended is prohibited.

(e) Throwing or discarding lighted or smoldering material in a manner that threatens, causes damage to, or

results in the burning of property or park resources, or creates a public safety hazard.

(f) It is unlawful to violate any fire restrictions placed on an area by the Parks & Recreation Program or the

BIA Fire Control Department.

4-25-522

Property

(a) The following are prohibited:

(1) Abandoning property;

(2) Leaving property unattended for longer than twenty four (24) hours, except in locations where

longer time periods have been designated or in accordance with conditions established by the

Parks & Recreation Program;

(3) Failing to turn in found property to the Parks & Recreation Program manager or natural

resources enforcement officer within seventy-two (72) hours.

(b) Impoundment of property: Property determined to be left unattended in excess of an allowed period of

time, as determined by regulation, may be impounded by the Parks & Recreation Program, natural

resources enforcement officers, or they may coordinate with other Tribal programs pursuant to Chapter 3-7

of the Colville Tribal Code .

a threat to park resources may be impounded by the Parks & Recreation Program manager at any time.

(d) Impounded property shall be inventoried to determine ownership and safeguard personal property.

(e) The registered owner is responsible and liable for charges to the person who has removed, stored, or

(June 2024)

otherwise disposed of property impounded pursuant to this section; or the Parks & Recreation Program

manager may assess the registered owner reasonable fees for the impoundment and storage of property

impounded pursuant to this section.

(f) Disposition of Property:

(1) Property impounded pursuant to this section shall be deemed abandoned property unless

claimed by the owner or an authorized representative thereof within sixty (60) days. The sixty (60)

day period shall begin to run from the earliest of either:

(A) the time that the Parks & Recreation Program notifies the rightful owner of the

property; or

(B) if the owner cannot be identified, the time the property was placed in the custody of

the Parks & Recreation Program manager.

(2) The finder may claim the abandoned property.

(3) Abandoned property still in the custody of the Parks & Recreation Program after ninety (90)

days shall be disposed of in accordance with this subchapter at the cost of the owner.

4-25-523

Prohibition of Intoxicants/Firearms—Designated Locations

(a) No person shall possess intoxicating liquors while present on those water bodies and associated

shorelines were such possession is prohibited by resolution of the Colville Business Council and the Tribal

Law and Order Code.

(b) No person shall possess a firearm while present at those locations were such possession is prohibited by

resolution of the Colville Business Council and the Tribal Law and Order Code.

such violation.

(d) Any individual using the shoreline of any waterbody where possession of intoxicating liquors or

firearms is prohibited by resolution of the Colville Business Council, by virtue of their presence on said

shoreline consents to a search of their personal property by any natural resources enforcement officer or

law enforcement officer to determine compliance with the provisions of this section. Any contraband

discovered in the course of said search may be immediately seized by the officer for use as evidence in an

enforcement action under this Chapter and subsequent disposal.

(e) The term "Shoreline " as used in this section shall include public and tribal lands adjacent to any body

of water regulated by this Chapter (whether above or below the

ordinary high water mark), including but not limited to beaches, parking lots, and picnic areas.

TRAIL AND OFF-ROAD USE

4-25-600

Purpose

The primary purpose of this subchapter is to protect and regulate the use of lands, waterways, archeological

sites and wildlife habitat within the boundaries of the Colville Reservation. It is the policy of the Colville

Tribes to manage, govern, preserve and protect persons, property, and natural and cultural resources within

the boundaries of the Reservation.

4-25-601

Penalties

Persons of all ages are subject to this subchapter. For children under sixteen (16) years of age who are

found to have violated one or more provisions of this subchapter, the adult directly responsible for

supervision of the child will be subject to the prescribed penalty as if the adult had committed the offense.

(June 2024)

4-25-602

Off-Road Vehicles

Off-road vehicles, unless otherwise restricted, may be operated within the boundaries of the Colville

Reservation on dirt (not gravel) roads (including county dirt roads), logging roads and unimproved tribal

roads. Snowmobiles, unless otherwise restricted, may be operated on snow-covered, unplowed,

nonhighway roads.

4-25-603

Member/Non-member ORV Use

(a) Any tribal member, while engaged in motorized ORV use on the Reservation, shall produce his tribal

membership card if requested for identification purposes by a natural resources enforcement officer.

(b) All lands on the Reservation shall be closed to unauthorized motorized ORV use by non-tribal members

with the exception of parents, spouses and children of enrolled members of the Colville Confederated

Tribes when the tribal member is present. Provided that the Parks & Recreation Program manager may

allow or restrict non-member ORV use by regulation adopted pursuant to this Chapter.

snowmobiling.

4-25-604

Rules and Regulations

No person shall operate an ORV in violation of any rule or regulation conditioning the use of an ORV.

4-25-605

Area Closures

The Parks & Recreation Program manager shall have the authority to determine areas at risk of harm by

any type of ORV use or areas requiring closure for any other reason, and in consultation with the Fish &

Wildlife Program manager, shall make recommendations to the Natural Resources Committee regarding

areas to be designated as closed to certain or all ORV use. Areas shall be designated closed to certain or all

ORV use only upon approval by the Colville Business Council.

4-25-606

Prohibited Acts

(a) It is unlawful for any non-member to operate an ORV on the Colville Reservation unless he or she is an

employee of the Colville Confederated Tribes operating said vehicle in the course of his or her employment

or unless exempted by any other section of this Chapter. Said employees shall obtain a permit from the

Colville Tribal Parks & Recreation Program.

(b) It is unlawful for any person to operate an ORV as follows:

(1) While the operator is eighteen (18) years of age or younger and not wearing a safety helmet

which meets the U.S. Department of Transportation standards for street motorcycle helmets;

(2) Throw or discard any waste, debris, refuse, oil, garbage or other fluids or solid materials which

in any manner tends to pollute the natural environment while operating said ORV;

(3) In such a manner as to endanger the life or property of another;

(4) Without a lighted headlight and taillight between the hours of dusk and dawn or when

visibility is less than five hundred (500) feet;

(5) Without an adequate breaking device;

(6) Without a spark arrester device that prevents hot carbon from escaping the ORV;

(7) Without an adequate operational muffling device that limits exhaust noise to 105 decibels at 20

inches from the exhaust exits when the vehicle is stationary and the engine RPM's are at one-half

the manufacturer's allowable maximum (red line) RPM's (RPM's = revolutions per minute);

(8) While the operator is under the influence of intoxicating liquor and/or drugs;

(June 2024)

(9) Upon the shoulder or inside bank or slope of any highway;

(10) Drive on the draw-down on any shoreline;

(11) In any area or in such a manner as to unreasonably expose the underlying soil, or to create an

erosion condition, or to injure, damage or destroy trees, growing crops or other vegetation;

(12) On any non-highway road or trail that is restricted for only pedestrian/animal travel;

(13) (Excepting a motorcycle) on any public paved or gravel road maintained for automobile,

motorcycle and truck use, e.g., Bureau of Indian Affairs Class 2-4 paved or gravel roads, highway,

etc.;

(14) In any area in which ORV use is prohibited;

(15) Chase, harass or run-down any wildlife except as provided by this Chapter or the Colville

Business Council;

(16) At a rate of speed greater than is reasonable and prudent under existing conditions;

(17) In violation of any terms or conditions of an ORV use permit;

(18) After failing to sign a notice of infraction citation issued by a natural resources enforcement

officer;

(19) Hunt or shoot/throw any object from the ORV while the ORV is moving;

(20) Carry a passenger, when said ORV is not designated to carry a passenger, or carry more

passengers than the number for which the ORV is designed;

(21) When such person is not an enrolled member of the Colville Tribes, carry or transport a

firearm with a bullet in the magazine or chamber in/on an ORV within the boundaries of the

Reservation;

(22) On a snow plowed road or highway, when the ORV is a snowmobile;

(23) (Excepting a motorcycle or mountain bike) within a public housing site;

(24) In any manner prohibited by this subchapter or the rules and regulations promulgated

hereunder;

(25) While the operator is over thirteen (13) and under sixteen (16) years of age unless an adult is

present; or

(26) Who is under the age of thirteen (13).

4-25-607

Accidents

The operator of an ORV involved in an accident, or owner of the ORV who has knowledge of the accident,

shall, within twenty-four (24) hours of the date of the accident, file or cause to have filed with the Tribal

Police an Accident Report, whenever such accident results in the injury to/death of any person or results in

property damage estimated at a value of $500 or more.

NON-MEMBER CAMPING

4-25-700

Findings; Purpose

(June 2024)

(a) The Colville Business Council hereby finds: that the tribal trust lands of the Confederated Tribes of the

Colville Reservation (as well as other tribally owned or managed lands) contain many areas suitable and

desirable for camping and related recreational activities, whether or not established campgrounds may

exist; that these areas are attractive to non-members of the Tribes as well as tribal members; that tribal

members are entitled to expect a priority in the opportunity to use these areas due to their ancestral and

aboriginal ties to the lands of the Reservation; and that in many cases non-member use of these camping

areas has resulted in crowded conditions and environmental degradation that conflict with enjoyment and

use of these areas by tribal members.

(b) Consistent with the legislative intent set forth in this Chapter, the purpose of this subchapter is to

establish policies and procedures to regulate and restrict non-member camping activities on tribal trust

lands and on other lands within the Reservation owned or managed by the Tribes, in order to protect the

rights of tribal members to use and enjoy tribal lands, to prevent degradation of the land and natural

resources, and to defray the cost of such regulation.

4-25-701

Closure; Permit Regulations; Public Notice

(a) Consistent with the policy previously established by the Colville Business Council, all tribal trust and

fee lands of the Confederated Tribes of the Colville Reservation (whether located within or outside the

exterior boundaries of the Reservation) are closed to camping by non-members of the Tribes except to the

extent, and under such conditions, as they may be opened pursuant to regulation adopted by the Colville

Business Council in accordance with this Chapter.

(b) Such regulations may identify specified areas to be opened to non-member camping, may provide that

non-members must obtain a tribal camping permit to be maintained in their possession while camping, and

may authorize the assessment of fees and other conditions as appropriate. Such regulations shall be

reviewed on an annual basis, but shall remain in effect until modified or repealed by the Colville Business

Council as provided by this Chapter.

reasonable manner, and the posting shall include a listing of camping rules based on the requirements of

this subchapter and regulations and other applicable tribal law.

(d) Due to the high rate of vandalism involving signs and posting of notices on the Reservation, it is

incumbent upon individuals seeking to recreate on Reservation lands to contact the Natural Resources

Department to ascertain closures and restrictions on the use and enjoyment of tribal lands and resources.

4-25-702

Interpretation

(a) Nothing in this subchapter shall be interpreted to restrict the inherent or delegated authority of the

Tribes to regulate any lands within the exterior boundaries of the Reservation or otherwise exercise its

jurisdiction for reasons related to the protection and promotion of the political integrity, economic security,

or health and welfare of the Tribes, including but not limited to protection of natural resources or reserved

rights.

(b) All prior resolutions and enactments relating to camping by non-members are hereby repealed to the

extent they are inconsistent with the provisions of this subchapter or regulations approved pursuant hereto.

to the extent such conditions may be imposed by regulation approved by the Colville Business Council

when necessary to protect the resources of the Reservation; provided, that the Colville Business Council

may by regulation restrict camping by non-member guests and immediate family or family of tribal

members.

(d) This subchapter shall not be interpreted as establishing, as a matter of tribal law, any criminal penalties

for camping activities by non-members of the Tribes (including where the language defining a civil

violation is adopted from the tribal Criminal Code), but shall not be interpreted to preclude federal

prosecutions pursuant to this Chapter or any applicable federal law.

(June 2024)

(e) If any part of this subchapter, or the regulations promulgated hereunder, is found to be invalid by a court

of competent jurisdiction, it is the intent of the Colville Business Council that the remaining provisions

shall continue in full force and effect to the maximum extent possible.

4-25-703

Civil Offenses

Notwithstanding any reference to the criminal offenses provisions of this Law and Order Code, the

following constitute civil offenses under this subchapter:

(a) No person shall violate any provision of this subchapter or any regulation promulgated hereunder;

(b) Whenever a regulation adopted hereunder shall require a camping permit, the holder of the permit shall

maintain the permit on his person or displayed in the windshield of his vehicle, as may be required by the

regulation in question or the character of the campground. Any person subject to regulation under this

subchapter and not in possession of a permit shall be in violation of this subchapter.

any public area adjacent thereto, or on the waters of any lake or on the shoreline thereof or in any public

area adjacent thereto, or on the waters of any lake or on the shoreline thereof or in any public area adjacent

thereto, except to the extent authorized by tribal law permitting such person to exercise hunting privileges.

(d) No person subject to regulation under this subchapter shall engage in disorderly conduct, nor shall such

person be under the influence of any intoxicating beverage, drug, or controlled substance as these offenses

are defined in the criminal offenses provisions of this Code

(e) Any person who, while engaging in camping activities regulated by this subchapter, commits an act that

is violation of any other provision of this Chapter or of any other applicable tribal law, shall also be deemed

to have violated this subchapter.

(Enacted 06/27/2024, Resolution 2024-530)

(Certified 07/11/2024)

(June 2024)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.