# CHAPTER 4-4 CULTURAL RESOURCES PROTECTION

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A8530cb5d4e9227a0

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

CHAPTER 4-4 CULTURAL RESOURCES PROTECTION
4-4-1

Title
This Chapter shall be known as the Colville Cultural Resources Protection Chapter.
(Amended 6/6/83, Resolution 1983-411)

4-4-2

Legislative Findings—Federal Laws—Preemption
(a) Under the Federal Archaeological Resources Protection Act of 1979, 16 U.S.C. § 470cc(c), the
responsible federal official must notify the Tribes whenever a permit application is being considered which
might adversely affect any religious or cultural off-reservation site.
(Amended 6/6/83, Resolution 1983-411)

(b) Under the provisions of the Federal Archaeological Resources Protection Act, 16 U.S.C. § 470cc(g) (2),
no federal permit for excavation or removal of any archaeological resource located with the Colville Indian
Reservation can be issued without the consent of the Tribes.
(c) There can be no exchange or disposition of archaeological resources from the Colville Reservation
without the consent of the Tribes pursuant to the Federal Archaeological Resources Protection Act, 16
U.S.C. § 470dd.
(d) The National Historic Preservation Act, 16 U.S.C. § 470 et seq, declares a national policy to work in
partnership with Indian tribal governments to protect cultural resources and provides a mechanism by which
tribal governments may carry out the provisions of that Act. 16 U.S.C. § 470-1; 470a(c).
(Added 6/6/83, Resolution 1983-411)

(e) The Colville Business Council finds that an orderly procedure must be established for considering and
acting upon such notifications, requests and review functions.
(Amended 6/6/83, Resolution 1983-411)

(f) The National Historic Preservation Act does not confer upon state governments the power to nominate
sites within Indian reservations to the National Register.
(g) The Council finds that the power to make such nominations to the National Register must be exercised
by the Tribes, and that an effective procedure must be established to carry out this activity.
(h) The Colville Business Council hereby declares its intent to preempt the field of nomination to the
National Register of Archaeological and Historic sites located within the Colville Indian Reservation.
4-4-3

Definitions
As used in this Chapter, the following words and phrases shall each have the designated meaning, unless a
different meaning is expressly provided for, or from the context a different meaning is clearly indicated.
(a) "Council" means the Colville Business Council.
(b) "Board" means the Colville Cultural Resources Board.
(Amended 6/6/83, Resolution 1983-411)

(c) "Department" means the Colville Archaeology and History Department or the Colville Archaeology and
History Program.
(d) "Archaeological resources" means any material remains of past human life or activities which are of
archaeological or historic interest. Such material remains shall include, but not be limited to, pottery,
basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structured pit houses, rock
paintings, rock carvings, intaglios, talus slide depressions, cairns, graves, human skeletal remains, or any
portion or piece of any of the foregoing items. Such material or remains may also include non-fossilized or
fossilized paleontological specimens, or any portion or piece thereof, whether or not found in an

1

archaeological context. No item shall be treated as an archaeological or historic resource unless such an
item is at least fifty (50) years of age.
(e) "Effect" means any condition of the undertaking that causes or may cause any change, beneficial or
adverse, in the quality of the historical, architectural, archaeological, or cultural characteristics that qualify
the property to meet the criteria of the Colville Register or the National Register. An effect occurs when an
undertaking changes the integrity of location, design, setting, materials, workmanship, feeling or
association of the property that contributes to its significance in accordance with the Colville Register or the
National Register criteria. An effect may be direct or indirect. Direct effects are caused by the undertaking
and occur at the same time and place. Indirect effects include those caused by the undertaking that are later
in time or farther removed in distance, but are still reasonably foreseeable. Such effects may include
changes in the pattern of land use, population density or growth rate that may have an affect on properties
of historical, architectural, archaeological or cultural significance.
(Added 6/6/83, Resolution 1983-411)

(f) "Historic property" means any prehistoric or historic district, site, building, structure or object significant
in tribal history, architecture, archaeology, culture or religion. The term includes all artifacts, records,
remains and reburial sites designated by the Council.
(Amended 6/6/83, Resolution 1983-411)

(g) "Colville Register of Historic and Archaeological Properties" or "Colville Register" means the tribal
register of districts, sites, buildings, structures and objects significant in tribal history, architecture,
archaeology or culture, as determined by the board and maintained by the department.
(h) "National Register" means the National Register of Historic Places.
(i) "Reservation" means the Colville Indian Reservation, including all land within the exterior boundaries
thereof.
(j) "Undertaking" means any governmental, governmentally assisted or licensed action, activity, or program
or the approval, sanction, assistance, or support of any non-governmental action, activity, or program.
Undertakings include new and continuing projects and program activities that are:
(1) Directly undertaken by governmental agencies;
(2) Supported in whole or in part through governmental contracts, grants, subsidies, loans, loan
guarantees, or other forms of direct and indirect funding assistance;
(3) Carried out pursuant to a governmental lease, permit, license, certificate, approval, or other
form of entitlement or permission; or
(4) Proposed by a Federal, State or other governmental agency for legislative authorization or
appropriation.
Site-specific undertakings affect areas and properties that are capable of being identified at the time of
approval by the governmental agency. Non-sit-specific undertakings have effects that can be anticipated on
Colville Register or National Register and eligible properties but cannot be identified in terms of specific
geographical areas or properties at the time of approval. Non-site-specific undertakings include federal or
State approval of federal or State plans pursuant to legislation, development of comprehensive or area-wide
plans, agency recommendations for legislation and the establishment or modification of regulations and
planning guidelines.
(Added 6/6/83, Resolution 1983-411)

(k) "ARPA" means the Archaeological Resources Protection Act of 1979, 16 U.S.C. § 470aa et seq.
(l) "NHPA" means the National Historic Preservation Act of 1966, 16 U.S.C. § 470 et seq.

2

4-4-4

Establishment of the Colville Cultural Resources Board
(a) Membership: The board shall be composed of the director of the Archaeology and History Department,
the chairperson of the Planning Committee, the director of the Physical Resources Department, chairman of
the Land and Forestry Committee, or his designee, the Tribal Archaeologist, and the director of the
Planning Department.
(Amended 6/6/83, Resolution 1983-411;Resolution 1988-44)

(b) Officers: The Council shall name one of the board members as chairman of the board. The board shall
elect from among its members a vice chairman and a secretary. In the absence of the chairman, the vice
chairman shall preside, and in the absence of both the chairman and vice chairman, the secretary shall
preside.
(c) Vacancies-Quorum: A vacancy on the board shall not affect its powers. Four members of the board shall
constitute a quorum.
(Amended 6/6/83, Resolution 1983-411)

(d) Meetings: Meetings of the board shall be held at regular monthly intervals. Emergency meetings may
be held upon twelve hours actual notice, and business may be transacted, provided that not less than a
majority of the full board concurs in the proposed action. All department heads and committee members
shall be notified of meetings so that all will be involved.
(Amended 6/6/83, Resolution 1983-411; Resolution 1985-360)

(e) Principal Office: The principal office of the board shall be at the Colville Tribal Headquarters,
Nespelem, Washington.
(f) Oath of Office: Each member of the board shall take the following oath before beginning his duties:
"I promise to faithfully execute all provisions of the Colville Archaeological
and Historic Resources Protection Chapter of the Colville Law and Order
Code and any regulations promulgated in furtherance thereof, and to be
bound by the Colville Law and Order Code, the jurisdiction of the Tribal
Court and the Constitution and By-Laws of the Confederated Tribes of the
Colville Reservation and to otherwise faithfully perform my duties as
outlined by the law."
4-4-5

Powers and Duties of the Board
(a) The purpose of the board in compliance with the Constitution and By-Laws, is to cultivate Indian arts,
crafts, and culture and separately to administer this Chapter. It shall be the responsibility of the board to
recommend to the Business Council the adoption of a cultural policy and long range cultural goals. The
board shall, when it determines necessary, cause proposals, for funding and administration, to revive and
perpetuate Colville Tribal languages, histories, legends, religions, customs, traditions, beliefs and values,
including the arts and crafts of each of the constituent bands of the Colville Tribes. Those proposals, where
appropriate would include the recording, (audio/visual) storage and retrieval systems. The board shall
insure that there exists adequate safe storage for the artifacts, documents and manuscripts, and shall cause
protection of religious and archeological sites located within the aboriginal areas of Colville ancestral
bands. The board shall, in consort with the Business Council, draft proposed legislation and/or changes to
proposed legislation pertaining to the hereinabove described concerns.
(Adopted 1/14/88, Resolution 1988-44)

(b) Undertakings Off-Reservation: The board is empowered to participate in the review or federal
permitting process where a federal or state officer has notified the Tribes pursuant to ARPA, 16 U.S.C. §
470cc(c), NHPA, or the American Indian Religious Freedom Act, 42 U.S.C. §1906, that an undertaking is
proposed or an application is being considered for a permit to engage in activity which might adversely
affect any off-reservation archaeological resources religious or historic property.
(Amended 6/6/83, Resolution 1983-411)

3

(c) Undertakings On-Reservation: The board is authorized and directed to review any proposed undertaking
that might adversely affect any on-reservation archaeological resource or historic property included on or
eligible for inclusion on the Colville Register or the National Register. The board is also empowered to
consider requests for consent to on-reservation or removal of archaeological resources as an initial
application or as referred by federal officials acting pursuant to ARPA, 16 U.S.C. § 470cc(g)(2), the NHPA,
or the American Indian Religious Freedom Act.
(Amended 6/6/83, Resolution 1983-411)

(d) Disposition of Archaeological Resources: The board is empowered to consider requests for exchanges
or dispositions of archaeological resources made pursuant to ARPA, 16 U.S.C. § 470dd and to determine
what conditions, if any, should be attached if consent is given.
(e) Federal Rulemaking: As directed by the Council, the board is empowered to initiate, comment and
participate in the federal, state or other governmental rule making process concerning matters pertaining to
its expertise, particularly when consulted by a federal agency acting pursuant to ARPA, 16 U.S.C. § 470ii.
(Amended 6/6/83, Resolution 1983-411)

(f) Annual Reports: The board shall prepare a comprehensive annual report for submission to the Council,
which shall report on the activities carried out under the provisions of this Chapter, and shall make such
recommendations as the board deems appropriate as to changes or improvements needed in the provisions
of this Chapter. Such report shall include a summary of actions undertaken by the board in reviewing
proposed undertakings, applications for excavation or removal permits and in reviewing nominations for the
Colville Register and the National Register.
(Amended 6/6/83, Resolution 1983-411)

(g) Records: The board shall maintain records of its proceedings.
(h) Cooperation with Agencies and Organizations: The board is authorized and directed to consult and
cooperate, to the extent feasible, with other Tribal and non-Tribal government departments and agencies,
and with private organizations involved in historic and archaeological protection activities, including the
National Trust for Historic Preservation, the International Centre for the Study of Preservation and
Restoration of Cultural Property, museums and organizations of professionals. Cooperation activities shall
include providing assistance to other agencies and organizations, and coordinating the planning and
conducting of historic preservation programs.
(i) Comprehensive Plan: The board is authorized and directed to review the comprehensive
reservation-wide archaeological and historic preservation plan prepared by the department. The board is
further authorized to approve the plan and submit it to the Council or to direct the department to change the
plan until it meets with its approval.
(j) Colville Register: The board is authorized and directed to review nominations of properties to the
Colville Register submitted by the department, and to approve those that qualify as significant in tribal
history, architecture, archaeology or culture.
(k) National Register: The board is authorized and directed to review nomination forms for properties for
the National Register prepared by the department, assure adequate public participation in the nomination
process, and to recommend to the Council those properties it deems appropriate for nomination for listing
on the National Register.
(Amended 6/6/83, Resolution 1983-411)

(l) Omitted:

(Omitted 6/6/83, Resolution 1983-411)

(m) Education: The board is authorized to develop and operate a program of information and education,

4

for tribal members and/or the general public, concerning cultural resources and protection of properties
listed on the Colville Register.
(Amended 6/6/83, Resolution 1983-411)

4-4-6

Powers and Duties of the Department
The Colville History and Archaeology Department shall have the following duties and powers, which in
addition to such powers and duties provided by prior resolutions of the Council as are not inconsistent with
this Chapter.
(a) Nominations to Colville Register: The department is directed to nominate to the board all sites,
buildings, districts and objects within the reservation that appear to qualify for listing on the Colville
Register. The department shall first do the following tasks in order to compile the information needed to
make the nominations:
(1) Conduct a comprehensive survey of all historic and archaeological properties on the reservation
pursuant to section 4-4-13 of this Chapter.
(2) Compile an inventory that includes basic information about the location and history of each
such property.
(3) Evaluate each property surveyed with regard to its historic, architectural, archaeological,
anthropological, religious and cultural significance.
(4) Based on the evaluation described in section 4-4-6(a)(3), place each surveyed property into one
of four categories of significance.
(5) Recommend modification or limitations for each historic property according to its category of
significance.
(Amended 6/6/83, Resolution 1983-411)

(b) Nominations to National Register: The department shall prepare nomination forms for those properties
that appear to be eligible for placement on the National Register, and present them to the board.
(c) Assistance to the Board: The department shall assist and consult with the Council and the board on
issues relating to the conservation of historic and archaeological resources and on other matters within the
scope of their duties.
(d) Records-Salvage-Excavation: The department shall initiate measures to ensure, at a minimum, that
where a property listed on the Colville Register is to be substantially altered or affected, timely steps be
taken to make or have made records, including measured drawings, photographs and maps of the property,
and that a copy of such records then be deposited in the tribal archives for future use and reference. The
department shall use its best efforts to assure adequate surveying, testing, salvaging, analysis reporting, and
curation of cultural materials, where such is feasible.
(Amended 6/6/83, Resolution 1983-411)

(e) Tribally-Owned Properties: The department shall initiate measures and procedures to provide for the
maintenance, preservation, rehabilitation or restoration, of tribally-owned and registered sites at
professional standards prescribed by the director of the department.
(f) Transfer of Property on the Colville Register: The department shall cooperate with purchasers and
transferees of any property listed on the Colville Register in the development of viable plans to use such
property in a manner compatible with preservation objectives and which does not result in an unreasonable
economic burden to public interests.
(Amended 6/6/83, Resolution 1983-411)

5

(g) Promote Preservation Efforts: The department is authorized to take the following actions for the
purpose of promoting historic preservation efforts:
(1) Develop and make available to tribal agencies information concerning professional methods and
techniques for identifying, preserving, stabilizing, improving, restoring and maintaining
archaeological and historic properties.
(2) Advise tribal agencies in the evaluation, identification, preservation, stabilization, improvement,
restoration and maintenance of historic and archaeological properties.
(3) Encourage, in cooperation with the board, public interest and participation in archaeolgical and
historic preservation.
(4) Conduct studies in such areas as the adequacy of federal, state and tribal laws pertaining to
archaeological and historic preservation activities.
(5) Encourage training and education in the field of archaeological and historic preservation.
(Amended 6/6/83, Resolution 1983-411)

(h) Annual Report: The department shall submit annually a comprehensive report of its activities and the
results of its studies to the Council and the board, and from time to time submit such additional and special
reports as the department deems advisable. These reports may propose such legislative enactments and
other actions as, in the judgment of the department, are necessary and appropriate to carry out its
recommendations.
4-4-7

Damaging or Adverse Effects—Prohibited Acts
(a) No person shall excavate, remove, damage or otherwise alter, deface or adversely affect any
archaeological resource or historic property unless such activity is pursuant to a permit duly issued under
this Chapter.
(Amended 6/6/83, Resolution 1983-411)

(b) No person shall sell, purchase, exchange, transfer, transport, receive, possess or offer to sell, purchase
or exchange any archaeological or historic resource if such resource is excavated or removed from
reservation lands in violation of the prohibition contained in section 4-4-7(a) above.
(Amended 6/6/83, Resolution 1983-411)

4-4-8

Permits
(a) Application-Contents: An application for a permit to excavate, remove alter, damage or otherwise
adversely affect archaeological resources or historic properties from reservation lands shall include
information concerning the time, scope, location and specific purpose of the proposed work, together with
such other information as the board deems necessary. Each application must be accompanied by a definite
outline of the proposed work, indicating the name of the individuals or group making the request, the date
proposed for beginning the field work, the length of time proposed to be devoted to it and the person who
will have immediate charge of the work. The application must also contain an exact statement of the
character of the work, whether examination, excavation or gathering, the museum in which the collections
made under the permit are to be permanently preserved, and, where such museum is off-reservation, the
length of time proposed by the applicant before such collections are to be returned to the reservation. The
application must be accompanied by a sketch plan and a legal description of the particular site or area to be
affected, so definite that it can be located on a map with accuracy. Each application shall be signed by the
applicant and verified on oath or affirmation, and shall contain the promise of the applicant to abide and be
bound by all of the provisions of this Chapter and by all other tribal laws.
(Amended 6/6/83, Resolution 1983-411)

(b) Application-Where Filed: Each application for a permit must be filed with the board and the director of
the Department of History and Archaeology.

6

(c) Criteria: A permit may be issued pursuant to an application submitted in strict accordance with sections
4-4-8(a) and 4-4-8(b) above, if the board determines that:
(1) The applicant has demonstrated its qualifications to carry out the proposed activity by
submitting to the board references and a resume showing prior successful experience in
archaeological field work, site surveying, excavation techniques and reporting;
(2) Adequate mitigation efforts are guaranteed that will avoid any adverse effect on properties
included on or eligible for inclusion on the Colville Register or the National Register, or that
acceptance of an adverse effect on such properties is clearly in the Tribe's best interest;
(3) The archaeological resources or historic properties which are excavated or removed will
remain the property of the Tribes;
(4) The activity pursuant to such permit is not inconsistent with any management plan applicable
to the lands concerned.
(5) Omitted.
(Amended 6/6/83, Resolution 1983-411)

(d) Board Action: The board shall allow the department a reasonable opportunity to comment on each
application for a permit. The board shall make its decision to issue or deny a permit within six (6) months
after the date the application was filed; provided however, that the board may make an unlimited number of
three (3) months' extensions of such review period upon providing the applicant with a written explanation
of the factors requiring such extension or extensions. Applicants shall be notified of board action by
certified mail.
(e) Permit-Terms and Conditions: Any permit may contain such terms and conditions that the board deems
necessary to carry out the purposes of this Chapter. Each permit shall identify the individual who shall be
responsible for carrying out the terms and conditions of the permit and for otherwise complying with this
Chapter and other laws applicable to the permitted activity. The permit may contain provisions requiring
restoration of the site to its former condition. Every permit shall be issued in the name of the applicant
therefore, and no permit shall be transferable; nor shall the holder of any permit allow any other person to
use the permit. The board may require that a bond be posted as a prerequisite to issuance of a permit.
(f) Duration of Permit: Each permit shall be effective for three (3) years from the date of its issuance, or for
such shorter period as may be specified therein. The terms of each permit may be extended on order of the
board for proper cause upon a finding that the work has been diligently prosecuted under the permit. Failure
to begin work under a permit within six (6) weeks after it is granted, or failure to diligently prosecute such
work after it has begun, shall make the permit void without any order or proceeding by the board.
(g) Interim Permits: Persons who received approval from the Council to excavate or adversely affect any
archaeological resource or historic property prior to the date of enactment of this Chapter may receive an
interim permit to continue work during the period that their application for a permit is pending before the
board, under the following procedure:
(1) Within thirty (30) days after the date of enactment of this Chapter, such person shall file with
the board a declaration, stating the time approval was received, the location of the property, the
purpose of the work, and the work done. The declaration shall be accompanied by an application
for a permit.
(2) Upon filing of the declaration and the application, the board shall issue an interim permit. The
department shall determine whether the alleged authority to affect the property was validly obtained
and report to the board. If authority has not been validly obtained, the board shall revoke the
interim permit.

7

(3) Such interim permit shall be in effect until the board approves or denies the application for the
permit.
(Amended 6/6/83, Resolution 1983-411)

4-4-9

Duties of Permittee
During the course of the undertaking, each permittee shall report monthly and quarterly to the board.
Monthly reports shall contain a brief summary statement of the work performed during the month, and such
quarterly reports containing a catalog of collections and photographs made during the quarter. Each
permittee shall cooperate fully with any and all inspections conducted by the department or the board. No
part of any collection shall leave the reservation unless the express written consent of the board has been
given in the form of a Temporary Removal License. Such license shall at all times accompany the artifacts
while off the reservation.
(Amended 6/6/83, Resolution 1983-411)

4-4-10

Suspension and Revocation of Permits
(a) Grounds: Any permit issued under this Chapter may be suspended or revoked by the board in
accordance with the procedures set forth below, upon determination that the permittee has violated any
provision of the permit, this Chapter, or other applicable law; that permit, this Chapter, or other applicable
law; that relevant circumstances have changed since the granting of the permit so that the application would
no longer meet the criteria of section 4-4-8(c) above; that material misrepresentations were contained in the
application; or that the permit was improvidently granted.
(b) Hearing: Upon written notice specifying the alleged grounds for revocation or suspension, filed with
the board by the tribal prosecutor or the director of the department, the board shall schedule a hearing to
determine the matter, which hearing shall be not less than five (5) days nor more than thirty days after the
service of such notice upon the permittee. The permittee shall be entitled to an opportunity to appear at such
hearing and controvert the allegations in support of revocation or suspension.
(Amended 6/6/83, Resolution 1983-411)

(c) Emergency Suspensions-Stop Work Orders: Upon finding that a delay in suspending or revoking a
permit for the period required by a hearing would be contrary to the tribal interest in preserving
archaeological or historic properties, the board may issue a written stop work order, directing the permittee
immediately to cease and desist all excavation, removal or other activity pursuant to the permit. It shall be
unlawful for any person to disobey a stop work order. In all cases where a stop work order has been issued,
the board shall immediately schedule a hearing to determine the matter, which hearing shall not be less than
two (2) days nor more than ten (10) days after the date of the stop work order, unless continued by the
board upon motion of the permittee.
4-4-11

Colville Register of Archaeological and Historic Properties
(a) Nomination and Acceptance: There is here established a Colville Register of Cultural Properties, which
shall be a register of prehistoric or historic districts, sites, buildings, structures and objects significant in
tribal history, architecture, archaeology and culture or religion. Nominations to the Colville Register may be
made by any person. Acceptance of any nomination shall be made by the board.
(Amended 6/6/83, Resolution 1983-411)

(b) Tribal Undertaking Upon Listed Property: Whenever the Council has direct or indirect jurisdiction over
a proposed tribal or tribally assisted undertaking, or has authority to license or permit any undertaking, the
Council shall, prior to the approval of the expenditure of any tribal funds on the undertaking or prior to the
issuance of any license or permit, as the case may be, take into account the effect of the undertaking on any
district, site, building, structure or object that is included or eligible for inclusion in the Colville Register.
The board and the director shall be afforded a reasonable opportunity to comment with regard to such
undertaking.
4-4-12

National Register
(a) Nomination of Reservation Properties: Nomination of any district, site, building, structure or object
located within the reservation for inclusion in the National Register shall be made by the Council.

8

(b) Tribal Undertakings Upon Properties Listed in National Register: Whenever the Council has direct or
indirect jurisdiction over a proposed tribal or tribally assisted undertaking or has authority to license any
undertaking, the Council shall, prior to the approval of the expenditure of any tribal funds on the
undertaking or prior to the issuance of any license or permit, as the case may be, take into account the effect
of the undertaking on any district, site, building, structure or object within the reservation that is included in
or eligible for inclusion in the National Register. The board and the director shall be afforded a reasonable
opportunity to comment with regard to such undertaking.
4-4-13

Survey and Comprehensive Plan
(a) Comprehensive Survey: A comprehensive reservation-wide survey of archaeological and historic
properties shall be conducted by the director of the department and submitted to the board. The long-range
objective of the comprehensive survey shall be the identification, protection and preservation of all
archaeological resources, districts, sites, buildings, structure and objects within the reservation that are
potentially significant in tribal history, architecture, archaeology and culture or religion. The survey shall be
conducted in as timely a manner as possible and shall encompass all historic properties and archaeologic
resources regardless of title, boundaries or ownership. Survey data shall be maintained by the department in
an accessible location and shall be kept up to date so that the information is readily available to tribal
planners during the decision making process. The survey data need not be published but shall be physically
organized and indexed in a manner to provide for easy access. Availability of survey data to the general
public may be limited if, in the opinion of the department, such availability might result in damage to
archaeological resources or historic properties. An end result of the overall survey process is nomination of
property significant to tribal history, architecture, archaeology and culture to the Colville Register or the
National Register.
(Amended 6/6/83, Resolution 1983-411)

(b) Comprehensive Plan: A comprehensive reservation-wide archaeological and historic preservation plan
shall be prepared by the department and submitted to the board. The plan shall consist of a report or series
of reports on the reservation archaeological and historic preservation program. These reports shall describe,
analyze and make future projections about the program. The archaeological and historic preservation plan
shall include an explanation of the philosophy or rationale behind the program components, a report on the
current status of each component, an evaluation of the effect of each component, and a projection of future
plans.
4-4-14

Nondisclosure
Information concerning the nature and location of any archaeological resource or historic property may
not be made available to any person unless the director of the Colville Archaeology and History Department
determines that such disclosure would further the purposes of this Chapter and would not create an undue
risk of harm to such resources or the site at which such resources are located. The department and the board
are authorized to withhold from disclosure information relating to the location of sites or objects listed on
the Colville Register or the National Register upon a determination that the disclosure of specific
information would create a risk of destruction or harm to such sites or objects.
(Amended 6/6/83, Resolution 1983-411)

4-4-15

Enforcement
(a) Offense: It shall be unlawful and prohibited for any person to do any act the performance of which is
prohibited under this Chapter or to fail to do any act the performance of which is required under this
Chapter.
(b) Criminal: The procedures established for criminal offenses under the Colville Law and Order Code
shall be utilized for violations of this Chapter committed by persons subject to tribal criminal jurisdiction.
In the event a defendant pleads guilty or is found guilty of committing an offense, the court may impose all
or any of the following penalties:
(1) A fine of not less than $10.00 or more than $500.00;
(2) A jail term of not less than one (1) day nor more than six (6) months;

9

(3) Forfeiture of any articles seized by reason of illegal activities prohibited by this Chapter, under
the procedures established in Chapter 2-3 of the Colville Law and Order Code.
(c) Civil: The Colville Confederated Tribes may bring an action for civil penalty against any person who is
alleged to have engaged in any activity which is violative of this Chapter, including any person who is not
subject to tribal criminal jurisdiction. The Tribes also may bring an action for forfeiture of any articles
possessed in violation of this Chapter. Such civil penalty and forfeiture actions shall be brought under the
procedures established in Chapter 2-3 of the Colville Law and Order Code. Any person violating the
provisions of this Chapter shall be subject to exclusion from the reservation under the applicable Chapter of
the Colville Law and Order Code. Such relief as may be fashioned by the court shall be intended to be
remedial in nature and not punitive and should compensate the Tribes for the damage done to the
archaeological or historic resources of the reservation and for the actions taken by the Tribes to protect the
reservation and its archaeological and historic resources. Such relief shall also be intended to coerce the
individuals into obeying this Chapter and regulations promulgated hereto and not to punish such individuals
for violation of this Chapter and such regulations. Search, seizure and forfeiture of articles possessed in
violation of this Chapter shall be pursuant to the provisions set forth in the subchapter on forfeiture under
Chapter 2-3 of the Colville Law and Order Code. The court may also order the forfeiture of any bond, the
revocation of any permits, the return of any articles which have been removed from the reservation or the
restoration of any archaeological resource or historic property to its former and customary condition. In
assessing civil penalties, the court may consider as factors the archaeological or commercial value of the
resources involved, or the cost of restoration and repair of the resource and the archaeological or historic
site involved.
(Amended 6/6/83, Resolution 1983-411)

4-4-16

Regulation by Board
For the purpose of carrying into effect the provisions of this Chapter or of supplying any deficiency therein,
the board may make such regulations not inconsistent with the spirit and intent of this Chapter as are
deemed necessary or advisable. All such regulations shall have the same force and effect as if incorporated
in this Chapter.

4-4-17

Review by Colville Business Council
The director, the tribal prosecutor, or any applicant or permittee aggrieved by any decision of the board may
petition the Council for a hearing to review such decision. A written notice of appeal must be filed with the
Council within twenty (20) days of such adverse decision; provided, however, that such limitation period
shall not apply to bar the petition of the tribal prosecutor or the director of the department where such
would be contrary to the tribal interest in preservation of archaeological or historic properties.
(Amended 6/6/83, Resolution 1983-411)

4-4-18

Severability
If any provision of this Chapter or its application to any person or circumstance is held to be invalid, the
remainder of this Chapter or the application of the provision to other persons or circumstances shall not be
affected.
(Chapter 4-4 Adopted 8/18/80, Resolution 1980-578)

10

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A8530cb5d4e9227a0. Public record. Not legal advice.