CHAPTER 4-7 FOREST PRACTICES (2023)

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CHAPTER 4-7 FOREST PRACTICES

4-7-1

Findings

The Colville Business Council, on behalf of the Confederated Tribes of the Colville Reservation,

finds: that there are significant forest lands within the Colville Reservation, of which a majority

are in Tribal or Indian \; that forest land resources are the most important natural resources within

the Colville Reservation; that a sustained forest products industry is essential to the economy and

welfare of all people of the Colville Reservation; that it is in the public interest that all forest lands

be managed based on sound cultural and scientific policies to sustain all Reservation resources and

the Reservation population; that promotion of a profitable forest products industry is compatible

with sustainable forest management practices that integrate protections for water quality and

quantity, fish and wildlife, soils, vegetation, and cultural resources, recreation and scenic beauty;

that such management on all forest lands within the exterior boundaries of the Colville

Reservation and all other associated Trust lands outside of the boundary lines of the Colville

Reservation that are under the jurisdiction of the Colville Tribes is necessary to protect the

political integrity, economic security, health, and welfare of the Colville Tribes and the

Reservation population and to protect the authority of the Confederated Tribes of the Colville

Reservation to effectively govern the Colville Reservation for these purposes; that the Tribes have

a holistic goal, which states in pertinent part:

“we want a healthy society, environment and economy;…We are and continue to be

self-sustaining sovereign entity; having flourishing enterprises; having healthy

productive landscapes including rangelands cropland, forest, riparian areas, streams and

lakes…The Reservation remains as a rural life-style and the populations in balance with

an effective water, mineral, and energy cycle with biodiversity resulting in an abundance

of culture, medicinal and edible plants, clean air and water, springs that flow year round,

large trees, wildlife, fish and insects.”

(Amended 03/23/23, Certified 03/28/23, Resolution 2023-207)

(Amended 9/2/10, Certified 9/9/10, Resolution 2010-623)

4-7-2

Authority and Scope

(a) This Chapter is adopted pursuant to the retained inherent sovereignty of the Colville Tribes

over the Colville Reservation and Tribal lands and over the conduct of all persons within the

Reservation and tribal lands, in order to promote and protect the political integrity, economic

security, and health and welfare of the Tribes and the Reservation community, as well as pursuant

to all authority delegated to the Tribes by the United States.

(b) The provisions of this Chapter shall apply to forest practices on all forest lands and forest

roads, within the Colville Reservation as defined in section 1-1-362 of this Code, including lands

held in trust or in fee status, and on other Tribal trust lands or allotments of the Confederated

Tribes of the Colville Reservation.

(Amended 03/23/23, Certified 03/28/23, Resolution 2023-207)

(Amended 9/2/10, Certified 9/9/10, Resolution 2010-623)

4-7-3

Definitions

Unless otherwise required by context, as used in this Chapter:

(a) “Application” or “Forest Practices Application” means the application required pursuant to this

Chapter and available from the Department to receive a permit under this Chapter.

(b) “Archaeological/Historical resources” means any material remains of past human life or

activities which are of archaeological or historic interest and all historic property. Such material

remains shall include, but not be limited to: pottery, basketry, bottles, weapons, weapon

projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings,

intaglios, or any portion or piece thereof, whether or not found in an archaeological context.

Historic property includes any prehistoric or historic site, building, structure or object significant

(March 2023)

in Tribal history, architecture, culture or religion. The term includes all artifacts, records, and

remains as designated. No item shall be treated as an archaeological/historic resource unless such

item is at least fifty (50) years of age.

is identified. Archeological/historical sites include historic camping and gathering grounds,

traditional fishing sites, sweat lodge locations, military forts, old settlers' homes, historic

buildings, historic trails, and kitchen middens.

(Amended 03/23/23, Certified 03/28/23, Resolution 2023-207)

(d) “Basal area” means the total cross-sectional area of trees measured outside the bark at 41/2 feet

above the ground.

(e) “BIA” means the United States Department of Interior Bureau of Indian Affairs.

(f) “Borrow pit” means an excavation site outside the limits of construction to provide material

necessary to that construction, such as fill material for the embankments.

(g) “Burials” means any locations where human remains are found, except for those human

remains that relate to a recent crime scene. Burials include purposefully interred human remains

and any artifacts that may have been interred with the remains. For the purposes of this chapter,

disinterred human remains will also be considered part of a burial. Colville Tribal elders have

identified certain kinds of features as potentially containing burials, especially certain cairns and

talus slide depressions. For the purposes of this chapter, cairns and talus slide depressions will be

considered burials. Any reburial location will be considered the same as a primary burial.

(h) “Channel migration zone” means the area likely to be occupied by a stream channel over time

as indicated by floodplain characteristics and evidence of active channel movement. It may

include the floodplain, the area between stream channel and side channels, or an area within the

full range of meander bends.

(i) “Chapter” means this Forest Practices Chapter of the Colville Tribal Code.

(j) “Chemical” means a substance or substances in liquid, gas or solid form that may be applied to

forest lands, roads, or vegetation to accomplish specific purposes and includes pesticides,

fertilizers, desiccants, fire retardants when used in controlled burning, repellents, oil, dust-control

agents (other than water) and salt. In addition, “chemicals” shall include all other materials that

may present hazards to the environment.

(k) “Colville Environmental Quality Commission” or “CEQC” means the environmental

administrative appellate body of the Confederated Tribes of the Colville Reservation, as provided

under Chapter 4-23 of the Colville Tribal Code.

(Amended 9/2/10, Certified 9/9/10)

(l) “Commercial tree species” means any species which are capable of producing a merchantable

stand of timber on the particular site.

(m) “Completion of harvest” means whatever occurs latest of:

(1) Completion of removal of timber from the portions of forest lands harvested in the

smallest logical unit that will not be disturbed by continued logging or an approved slash

disposal plan for adjacent areas, or

(2) Scheduled completion of any slash disposal operations where the Department and the

applicant agree within six (6) months of completion of yarding that slash disposal is

necessary or desirable to facilitate reforestation and agree to a time schedule for such

(March 2023)

slash disposal, or

(3) Scheduled completion of any site preparation or rehabilitation of adjoining lands

approved at the time of approval of the application or receipt of a notification; Provided,

That delay of reforestation under this subpart is permitted only to the extent reforestation

would prevent or unreasonably hinder such site preparation or rehabilitation of adjoining

lands.

(n) “Contamination” means the introduction into the atmosphere, soil, vegetation, or water, as a

result of forest practice activities of any substance, whether in liquid, gas or solid form, in

sufficient quantities as may be directly injurious to the health, safety or welfare of the Reservation

population or individually injurious to the Reservation population, or which may otherwise pose a

threat to Reservation resources, in particular, air quality, water quality, soil, wildlife, fish or other

aquatic life and their respective habitat.

Application of forest chemicals in accordance with the chemical label, sections 4-7-86 and 4-7-87

of this Chapter, and the conditions of an approved forest practice application shall not be

considered contamination.

(o) “Conversion of forest land” means a bona fide conversion to an active use that is incompatible

with timber growing. Reforestation requirements shall apply to portions of the harvested area

which is not converted within three years of completion of harvest.

(p) “Cross Drain” means a feature or structure that disperses road surface or ditch runoff to

adjacent ground. Cross drains include culverts, ditch diversions, water bars or dips, or other

structures demonstrated to be equally effective.

(q) “Cultural resources” means those parts of the physical environment, either natural or

artificially constructed , that have cultural value to the people of the Colville Reservation.

(r) “Debris” means garbage, trash, leftover cable and equipment, and other non-wood waste

material.

(s) “Decommissioning” means the permanent destruction or obliteration of a road prism in a way

that approximately restores natural hillslope hydrology, and prevents future use of the

decommissioned roadway.

(Amended 03/23/23, Certified 03/28/23, Resolution 2023-207)

(t) “Department” means the Natural Resource Department of the Confederated Tribes of the

Colville Reservation.

(Amended 11/5/15, Certified 11/20/15, Resolution 2015-668)

(Amended 9/2/10, Certified 9/9/10, Resolution 2010-623)

(u) “Detrimental soil conditions” are conditions caused by forest practices that reduce site

productivity and include any of the following:

(1) Displacement - movement or removal of topsoil. Topsoil is the surface layer of

mineral soil, or A Horizon, that is rich in nutrients, contains partially decomposed organic

matter, and is often dark-colored.

(2) Compaction - topsoil is noticeably compressed or flattened, decreasing several inches

in depth in contrast to nearby undisturbed soils of similar character.

(3) Fire damage - most of the topsoil is consumed and the top layer of mineral soil has

changed color (usually to red).

(v) “Diameter at breast height (dbh)” means the diameter of a tree at 4 ½ feet above the ground

measured from the uphill side.

(March 2023)

(w) “Dominant trees” means trees that are larger than average for a site with crowns extending

above the general level of the crown cover.

(x) “Drainage improvements” means all culverts, ditches, dips, waterbars, cross drains, or other

structures or provisions for passing natural waters under roads or collecting and dispersing road

runoff.

(y) “End hauling” means the removal and transportation of excavated material, to a deposit site not

adjacent to the point of removal.

(z) “Fill” means the placement of earth material or aggregate for road or landing construction or

other similar activities.

(aa) “Floodplain” means that land area susceptible to being inundated by stream derived waters

with a one percent (1%) chance of being equaled or exceeded in any given year. When used

herein, said floodplain must be mapped and officially approved by the Department and/or the

appropriate federal agency/department.

(bb) “Floodway” means those portions of the area of a river valley lying streamward from the

outer limits of a watercourse upon which flood waters are carried during periods of flooding that

occur with reasonable regularity, although not necessarily annually, said floodway being

identified, under normal condition, by changes in surface soil conditions or changes in types or

quality of vegetative ground cover condition. The floodway shall not include those lands that can

reasonably be expected to be protected from floodwaters by flood control devices maintained by

or maintained under license from the federal government, the state, a political subdivision of the

state or by the Tribes.

(cc) “Forest land” means all land capable of supporting a merchantable stand of timber that is not

being actively used for a use which is incompatible with timber growing. Forest land does not

include land within 200 feet of an occupied residence or the right-of-way or easement of paved

roads improved and maintained to provide general public transportation.

(dd) “Forest landowner” means any person in actual control of forest land, whether such control is

based either on legal or equitable title, or on any other interest entitling the holder to sell or

otherwise dispose of any or all of the timber on such land in any manner; Provided, That any

lessee or other person in possession of forest land without legal or equitable title to such land shall

be excluded from the definition of “forest landowner” unless such lessee or other person has the

right to sell or otherwise dispose of any or all of the timber located on such forest land.

(ee) “Forest practice” means any activity conducted on or directly pertaining to forest land and

relating to growing, harvesting, or processing timber, including but not limited to forest road

construction, maintenance, and abandonment; forest products haul; forest vegetation treatments,

including timber harvesting, pre-commercial thinning and slashing; application of chemicals;

site preparation; prescribed burning; tree planting; and fire suppression and construction of fire

trails.

(ff) “Forest Road” means all roads on forest lands and other roads that receive use periodically

for log haul, but shall not include paved roads improved and maintained to provide general

public transportation nor roads used solely for residential driveways.

(gg) “Ground-based” means forest practice operations carried out using heavy equipment

or vehicle-mounted spray equipment off road.

(hh) “Habitat type” means the collective area that now supports, or is capable of supporting, a

(March 2023)

specific climax plant community or association. Forest habitat types of the Reservation are

described in the publication, “Forest Habitat Types of the Colville Indian Reservation,”

Washington State University Publication MISC0110.

(ii) “Heavy equipment” means any mobile, track or wheeled machinery used to excavate, perform

site preparation, construct fire trail, or fell, bunch, forward, or skid timber.

(jj) “Merchantable stand of timber” means a stand of trees that will yield logs and/or fiber:

(1) Suitable in size and quality for the production of lumber, plywood, pulp or other

forest products; and

(2) Of sufficient value at least to cover all the costs of harvest and transportation to

available markets.

(kk) “Notice to Comply” means a notice issued by the Department that may require initiation or

completion of action necessary to prevent, correct or compensate for material damage to

Reservation resources resulting from forest practices.

(ll) “Operator” means any person engaging in forest practices except an employee with wages as

his sole compensation.

(mm) “Person” means any individual, partnership, private, public, Tribal or municipal corporation,

Tribal enterprise, county, the Department or any Tribal, state or local governmental entity, or

association of individuals of whatever nature.

(nn) “Pesticide” means, but is not limited to:

(1) Any substance or mixture of substances intended to prevent, destroy, control, repel, or

mitigate any pest;

(2) Any substance or mixture of substances intended to be used as a plant regulator,

defoliant or desiccant; and

(3) Any spray adjuvant or similar agent with or without toxic properties of its own

intended to be used with any pesticide as an aid to the application, and sold in a container

separate from that of the pesticide with which it is to be used.

(oo) “Preferred grass seed mixture” means one of the following mixtures, which shall be weedfree and broadcasted at 28-75 pounds per acre (specific broadcast per permit must be approved by

Department):

(1) For dry habitat types including all ponderosa pine, Douglas-fir/Idaho fescue, Douglasfir/ninebark/heartleaf arnica phase and all Douglas-fir/snowberry habitat types:

A seed mixture of the following composition:

Bluebunch wheatgrass

Red Clover

Slender wheatgrass

Sherman BigBlue

25%

30%

20%

(2) For other habitat types:

(March 2023)

A seed mixture of the following composition:

Bluebunch wheatgrass

Idaho Fescue

Red Clover

Slender wheatgrass

25%

15%

25%

35%

(3) Where conditions in section 4-7-64 (d) occur, a preferred alternative seed

mixture of the following composition:

Bluebunch wheatgrass

Idaho Fescue

Red Clover

Slender wheatgrass

25%

20%

25%

30%

(4) These mixes may vary with the approval of the Department.

(pp) “Regeneration harvest” means harvests intended to promote growth of regeneration (tree

seedlings or saplings) already present or to make new regeneration possible, and which rely upon

even-aged cutting methods such as seed tree, shelterwood or regeneration reserve tree.

(qq) “Relief culvert" means a cross drain culvert to relieve surface runoff from roadside ditches to

prevent excessive buildup in water volume and velocity.

(rr) “Reserve patch” means unharvested sites located within areas being harvested, comprising at

least two contiguous acres, having timber and other vegetation representative of the stand being

harvested.

(ss) “Reserve trees” means conifer trees that occupy a dominant or codominant canopy position,

have a live crown-to-total height ratio of 30% or more, and which will not infect or infest

surrounding understory trees.

(tt) “Reservation population” means all people residing on any lands, whether trust or fee, within

the exterior boundaries of the Colville Reservation.

(uu) “Reservation resources” means air, archaeological/historical, cultural, soil, water, plant, fish,

and wildlife resources, and in addition shall mean capital improvements on the Colville

Reservation.

(vv) “Riparian function” means the combination of stream energy dissipation, sediment filtering,

bedload capture, floodplain development, water storage, streambank stabilization, shade, woody

debris recruitment, litter fall, wildlife habitat, genetic exchange, and biodiversity provided by

riparian management zones.

(ww) “Riparian Management Zone” means a specified area alongside natural waters and

wetlands where specific measures are required to protect water quality and riparian function.

(xx) “Road prism” means the components of a road that form its cross section, including the

cutslope, ditch, road surface, and load-bearing fill.

(yy) “Road reconstruction” means the maintenance, repair, or re-opening of pre-existing, nondriveable or abandoned road beds.

(zz) “Road surface” means the road’s running surface and shoulders.

(March 2023)

(aaa) “Salvage” means the removal of snags, down logs, windthrow, or dead and dying material.

(bbb) “Scarify” means to loosen the topsoil and disrupt the forest floor (organic material overlying

soil) in preparation for regeneration.

(ccc) “Shoreline Regulatory Area” means those lands subject to Chapter 4-15 and the regulations

contained in the Shoreline Management Program and shall include any floodways and formally

mapped and approved contiguous floodplain areas and all wetlands associated with the streams

and lakes which are subject to the provisions of the Chapter. The Shoreline Regulatory Area

includes those lands extending landward on a horizontal plane two hundred (200) feet from the

ordinary high water mark of Type 1, 2, and 3 waters, and one hundred (100) feet from the ordinary

high water mark of Type 4 waters.

(ddd) “Side cast” means the act of moving excavated material to the side and beyond the load

bearing road or trail materials, or the material so deposited.

(eee) “Site preparation” means the mechanical or chemical treatment or prescribed burning of

forest floor, logging slash, or vegetation for the purpose of exposing a seed bed or creating

plantable spots to enable reforestation.

(fff) “Skid trail” means a route used by ground-based machinery to move logs to a landing or road.

(ggg) “Slash” means non-merchantable woody material resulting from forest practice activities.

(hhh) “Spoil” means excess material generated during road, pit, or landing construction which is

placed or stored outside the road prism, pit or landing.

(iii) “Stocking” or “acceptable stocking” means the minimum number of well distributed, vigorous

seedlings, saplings or trees per acre of commercial species as approved by the Department or as

contained in any approved Forest Practice application.

(jjj) “Stop Work Order” means the order described in section 4-7-16 that may be issued by the

Department to stop violations of this Chapter to prevent damage or to correct or compensate for

damages to Reservation resources or harm to the health, safety or welfare of the Reservation

population resulting from forest practices.

(kkk) “Tethered Systems” means forest practices, including but not limited to logging, felling, or

skidding of trees, using a winch line for traction assistance of one or more machines on slopes

steeper than typical for mechanized ground based heavy equipment.

(Amended 03/23/23, Certified 03/28/23, Resolution 2023-207)

(lll)“Timber” means forest trees, standing or down, of a commercial species.

(mmm) “Timber owner” means any person having all/or any part of the legal interest in timber.

(nnn) “Traditional Cultural Activities” mean any activity by a member of the Confederated Tribes

of the Colville Reservation that has been traditionally practiced by the members of this region for

the subsistence of body and spirit, such as food gathering practices of root digging, berry picking,

hunting, fishing, medicine gathering, the assembly of and use of sweat lodges, the use of

spiritual/vision quests areas, and the retrieval of plants, trees, rocks, water, skins/hides and

feathers which are within the cultural tradition of the membership.

(ooo) “Unstable slopes or landforms” means any areas containing features or landforms which

(March 2023)

cumulatively indicate the presence of potential slope instability. Such features may include seeps

and sag ponds, hummocky ground, jack-strawed or pistol-butted trees, or existing slide

escarpments. Landforms may include very steep slopes (65% or more), inner gorges, bedrock

hollows, convergent headwalls, deep-seated landslides, valley walls and terrace escarpments

mantled with colluvium and glacial deposits, and outer edges of meander bends or high terraces.

Unstable slopes or landforms shall be field verified by the Department.

(ppp) “Water bar” means a dip, ditch, hump, or combination thereof cut across a trail, landing, or

road for the purpose of dispersing surface water runoff to directed areas and preventing erosion.

(qqq) “Windthrow” means a natural process by which trees are uprooted or sustain severe trunk

damage as a result of wind action.

(rrr) “Winter roost” means locations that provide congregations of raptors protection from wind,

inclement weather, and human disturbance during the winter months beginning in mid-October

thru mid-March.

(sss) “Woody debris” means woody vegetative residue less than 3 cubic feet in size resulting from

forest practices activities.

4-7-4

Forest Practice Chapter—Administration—Review—Revisions

(a) This Chapter establishes the minimum standards for forest practices affecting Reservation

resources and the Reservation population, and the necessary administrative procedures to achieve

the policies and goal of this Chapter.

(b) Forest practice regulations shall be administered and enforced by the Department except as

otherwise provided in this Chapter. Enforcement shall be exclusively by civil proceeding.

Tribal Council recommendations for amendments Prior to any such revisions, the Tribal Council

shall seek and evaluate recommendations of persons and agencies with expertise or interest in the

subject matters.

4-7-5

Classes of Forest Practices

There are four (4) classes of forest practices created by this Chapter. These classes include all

forest practice activities conducted on forest land, in groupings that recognize their potential

impact on Reservation resources and the health, safety and welfare of the Reservation population.

All forest practices, regardless of whether or not they require an application for approval, must be

conducted in accordance with this Chapter.

(a) Class I Forest Practices: Operations that are deemed to have no direct potential for damaging a

Reservation resource or the health, safety or welfare of the Reservation population. The following

operations are Class I forest practices and do not require an application:

(1) Forestry research studies and tests by a research organization approved by the

Colville Tribes.

(2) The removal of forest products (including live, dead and down material, i.e.,

firewood, fence posts, poles, fern, etc.) for personal, noncommercial use, provided:

(A) Heavy equipment shall not be used; and

(B) Removals and operations shall not be conducted within waters or wetlands.

(3) The removal of trees posing safety hazards;

(March 2023)

(A) Within 200 feet of developed park areas; or

(B) Within 100 feet of county, state, or BIA system roads providing the primary

access route to groups of five or more residences.

(4) Road maintenance including road grading, rocking, and installation of cross drains,

except:

(A) Replacement of bridges and culverts at crossings of waters or wetlands; or

(B) Movement, placement, or replacement of materials which have a direct

potential for entering waters or wetlands; or

(5) Emergency fire control and suppression.

(6) Loading and hauling of forest products.

(7) Operations such as pre-commercial thinning or slashing conducted outside the

Riparian Management Zone.

(8) Slash burning conducted in accordance with a burn plan approved by Fire

Management.

(9) Tree planting.

(Amended 03/23/23, Certified 03/28/23, Resolution 2023-207)

(b) Class II Forest Practices: Operations that are deemed to have little potential for damaging a

Reservation resource, or the health, safety or welfare of the Reservation population. The

following operations are Class II forest practices and require an application:

(1) Renewal of an approved forest practice application where:

(A) No modification of the uncompleted operations is proposed, and

(B) No Notice to Comply, Stop Work Orders, or other Tribal enforcement

actions is outstanding with respect to the prior application.

(2) Harvest on sole ownerships of 20 acres or less that lie outside Riparian Management

Zones, except as listed as Class IV forest practices.

Reservation resource, or the health, safety or welfare of the Reservation population. The

following operations are Class III forest practices and require an application:

(1) All forest practices except those listed as Class I, II or IV forest practices.

(2) The removal of forest products for commercial purposes, such as logs, firewood,

shakes, poles, posts.

(3) Ground-based or hand application of chemicals.

(4) Forest practices utilizing heavy equipment, including but not limited to:

(March 2023)

(A) Timber harvest;

(B) Road construction and reconstruction;

(D) Construction of fire trails prior to prescribed burning; and

(E) Site preparation.

(5) Road abandonment.

(6) Replacement of water crossing structures, and road maintenance wherein the

movement, placement, or replacement of materials has the direct potential for entering

waters or wetlands.

(7) Any forest practices application proposing an alternate plan.

(8) Operations such as pre-commercial thinning or slashing if conducted inside the

Riparian Management Zone.

(Amended 03/23/23, Certified 03/28/23, Resolution 2023-207)

(d) Class IV Forest Practices: Operations that are deemed to have potential for a significant effect

on Reservation resources or the health, safety or welfare of the Reservation population. Class IV

forest practices require an application. It may be determined that additional information or a

detailed environmental impact statement is required prior to conducting the forest practices. The

responsibility and cost of preparing any assessment, additional information, or statement required

by the Department shall be borne by the applicant. At the discretion of the Department, the

applicant may be required to pay for costs reasonably incurred in evaluating the environmental

information. The following are Class IV forest practices:

(1) Forest practices (except those listed as Class I) on lands identified as follows:

(A) Lands zoned as residential, commercial, tourist, game reserve, wilderness,

or industrial zone pursuant to the Colville Tribes Land Use & Development

Code, Chapter 4-3 as it now exists or may afterward be amended,

(B) Lands being or declared to be converted to a non-forest use, including sites

where reforestation will not be achieved within the times specified in section 47-77.

(D) Lands containing, or with a high probability of containing, burials, cultural

sites, or historically significant resources such as cultural, religious, or

archaeological/historical resources under Tribal or federal law.

(E) Lands containing or adjacent to unstable slopes or landforms,

(F) Lands containing habitat of species specified in sections 4-7-84 and 4-7-85,

(2) Any aerial application of chemicals, or use of a pesticide under an experimental use

permit granted under the authority of the Federal Insecticide, Fungicide, and Rodenticide

Act.

(March 2023)

(e) Continuing Review of Forest Practices Classification

(1) Pursuant to this Chapter, forest practices shall be included in each of the four (4)

classes.

(2) Further refinement of four (4) classes may be necessary as additional experience

develops under this Chapter. The Department shall provide recommendations to the

Colville Business Council annually on any categories of forest practice that should be

reclassified:

(A) To make the classification better conform to these criteria, and;

(B) To provide greater clarity and certainty for potential applicants and others as

to which forest practice activities are in Classes I, II, III and IV forest practices.

(3) The classification of a forest practice shall not be subject to administrative appeal or

judicial review.

4-7-6

Water Categories

(a) For the purposes of this Chapter, four water types are established for all surface waters,

including but not limited to streams, wetlands, lakes, and ponds within the Reservation. All waters

are classified as Type 1, 2, 3, or 4 Waters based upon the criteria set forth in subsections (b)

through (e) of this section. Prior to commencement of any forest practices, operators and

landowners shall verify accurate water types for all waters within and near the practices, based

upon the actual characteristics and locations of the waters, provide the appropriate protections

required by this Chapter.

(b) "Type 1 Water" means all waters having exceptional resource functions and values, including

stream segments with their side channels having mean annual flow exceeding 20 cubic feet per

second, lakes having surface areas at mean high water exceeding 20 acres, non-forested wetlands

having surface areas exceeding 20 acres, all bogs, and any waters so designated by the Colville

Business Council. A water resource of exceptional resource function and value, as determined by

the Tribal Council is a water resource that provides values critical to the well-being of the

Reservation population and resources, which may include but are not limited to:

(1) traditional or cultural uses;

(2) major domestic water supplies;

(3) Tribal or public recreation;

(4) fish spawning, rearing or migration;

(5) wildlife habitat and uses;

(6) agricultural or industrial uses; and

(7) capital improvements.

(1) are not classified as a “Type 1 Water;” and

(2) have a channel width that averages eight (8) feet or more between ordinary high water

marks; or

(3) are ponds or lakes having a surface area of at least 5 acres but less than 20 acres

(March 2023)

between ordinary high water marks; or

(4) are non-forested wetlands having a surface area of at least 5 acres but less than 20

acres, or smaller non-forested wetlands that adjoin Type 2 waters.

(d) “Type 3 Water” classification shall be applied to segments of natural water that:

(1) are not classified as “Type 1 or 2 Waters;”

(2) have a channel width that averages four (4) feet or more but less than eight (8) feet

between the ordinary high water marks; or

(3) are ponds or lakes having a surface area of at least 0.5 acres but less than 5 acres

between the ordinary high water marks; or

(4) are non-forested wetlands having a surface area of at least 0.5 acres but less than 5

acres, or smaller non-forested wetlands that adjoin Type 3 waters; or

(5) are waters having smaller channel width or surface area, that provide fish habitat, as

determined by the Department in consultation with the Department of Fish & Wildlife.

(e) “Type 4 Water” classification shall be applied to segments of natural water that:

(1) are not classified as “Type 1, 2, or 3 Waters” and do not provide fish habitat.

(2) have a channel width that averages less than four (4) feet between the ordinary high

water marks; or

(3) are ponds or lakes having a surface area less than 0.5 acre between the ordinary high

water marks; or

(4) are non-forested wetlands having a surface area less than 0.5 acres; or

(5) are areas of perennial or intermittent seepage, forested wetlands, or drainage ways

having short periods of seasonal or storm run-off that show evidence of scour or bedload

movement.

(f) The CCT Natural Resources Department maintains a Water Type Map which displays water

locations and types based on the criteria in subsections (b) through (e) above. Mapped water

locations and water type designations may be corrected, from time to time through a water type

change process. Proposed corrections to the Water Type Map shall be submitted in writing to the

Department on a Water Type Change form. The form shall identify the water, location, evaluation

method, results, and the initiator of the proposed change. Prior to approval of the change, the form

shall be distributed to the landowner and affected natural resource programs and 30 days shall be

allowed for review and comment. This map shall be shared with the Tribes’ Planning Department

and incorporated into the approved land use maps.

(Amended 03/23/23, Certified 03/28/23, Resolution 2023-207)

(g) For purposes of this section:

(1) “Bog” means wetlands that commonly exhibit deep, organic-rich, hydric soils and

indicator species including sphagnum moss, Labrador tea, bog laurel, bog rosemary,

sundews, and sedges. An overstory of spruce, hemlock, lodgepole pine, cedar, crabapple,

or aspen may exist. Bogs may be associated with open water.

(March 2023)

(2) “Channel width” means the distance between ordinary high water marks measured

over a representative section of at least five hundred (500) lineal feet with at least ten (10)

evenly spaced measurement points along the normal stream channel.

(3) “Fish habitat” means waters having flow volumes and duration, and physical

characteristics that could be expected to provide seasonal or perennial habitat, and that

have (or would have if not artificially blocked) connectivity to other fish-bearing waters.

(4) “Forested wetland” means a wetland with an overstory of commercial tree species

(more than 50% existing or potential canopy closure from commercial tree species),

excluding bogs.

(5) “Natural Waters” means all waters excluding water conveyance systems which are

artificially constructed and actively maintained for irrigation or stormwater runoff.

(Amended 03/23/23, Certified 03/28/23, Resolution 2023-207)

(6) “Non-forested wetland” is a wetland dominated by vegetation other than commercial

tree species (generally less than 50% existing or potential canopy closure from

commercial tree species).

(7) “Ordinary high water mark” (OHWM) means the mark on the shores of all waters

found by examining the beds and banks and ascertaining where the presence and action

of waters create a condition distinct from that of the abutting upland. It is the elevation

above which water would enter the floodplain or intersect a terrace or hillslope,

identified by a combination of the following: (1) top of point bars, (2) vegetation

changing from none or annual water-tolerant species to perennial water-tolerant or

upland species, (3) break in slope from the channel bank to a flat valley bottom, terrace

or bench, (4) change in size, staining, or color of substrate materials (surface sediments

changing from gravel to fine sand), and (5) change in the nature and amount of woody

debris deposits. The width between Ordinary High Water Marks of a stream shall equal

the sum of the widths of the main channel and side channels.

(8) “Side channel” means a secondary stream channel having a bed elevation below the

ordinary high water elevation of the main channel and showing evidence of scour or

bedload movement.

(9) “Wetland” means those areas, which under normal conditions exhibit at least two of

the following criteria: saturated surface conditions or open water present during a

significant portion of the year; hydric soils; a prevalence of vegetation adapted to

saturated soils. Swamps, marshes, bogs, wet meadows, and ponds typically are wetlands.

For the purposes of this Chapter, wetlands are considered to be natural waters.

4-7-7

Applications; Policy

(a) No Class II, III, or IV forest practices shall be commenced unless the Department has received

and approved or conditionally approved an application for forest practices pursuant to this

Chapter. Where the time limit for the Department to act on the application has expired and no

action thereon has been taken by the Department, and none of the conditions in section 4-7-9 (a)

exist, the operation may commence, providing that such operations shall comply in all respects

with the requirements of this Chapter and other applicable Tribal and federal laws, and that the

operator shall provide written notice to the Department prior to beginning operation.

(b) At the option of the applicant, applications may be submitted to cover a single forest practice

or any number of forest practices within reasonable geographic boundaries as specified by the

Department. Long range plans may be submitted to the Department for review and consultation.

(March 2023)

information is required for the Department to accept an application for review.

(Amended 9/2/10, Certified 9/9/10, Resolution 2010-623)

(d) Applications for operations not converting land to another use shall be signed by the

landowner, the timber owner and the operator; or the operator and accompanied by a consent form

signed by the timber owner and the landowner. A consent form may be another document if it is

signed by the landowner(s) and it contains a statement acknowledging that he is familiar with this

Chapter, including the provisions dealing with conversion to another use. Where the application is

not signed by the landowner, timber owner or operator may be required by the Department to

submit a bond securing compliance with requirements of the Forest Practice Regulations. If an

application or notification indicates that the landowner or timber owner is also the operator, or an

operator signed the application, no notice need be given regarding any change in subcontractors or

similar independent contractors working under the supervision of the operator of record.

(e) Applications must be delivered to the Department at the appropriate office. Delivery should be

in person, by registered or certified mail, or by validated electronic submittal.

(f) Applications shall be considered received on the date and time shown on any registered or

certified mail receipt, the written receipt given at the time of personal delivery, at the time of

receipt by general delivery, or by the date on the electronic receipt for email. Applications that are

not complete or are inaccurate will not be considered officially received until the applicant

furnishes the necessary information to complete the application. If an application is delivered in

person or by mail to the Department by the operator or his authorized agent, the Department shall

promptly but not later than twenty-four (24) hours provide a dated receipt. In all other cases, the

Department shall promptly mail a dated receipt to the applicant. Every receipt will indicate the

file number assigned to the notification or application.

(g) The information required by the Department on a application shall include but not be limited

to:

(1) Name and address of the forest land owner, timber owner, operator, and individual

signing and submitting the forest practices application;

(2) Description of the proposed forest practice or practices to be conducted;

(3) Legal description of the land on which the forest practices are to be conducted;

(4) Specific locations of any lands to be converted.

(5) Planimetric and topographic maps of adequate size and detail showing location and

type of all wetlands, lakes, streams and other Reservation waters in and immediately

adjacent to the operating area and showing all existing and proposed roads, forest practice

activities, landings, major tractor roads, rock pits, spoil disposal areas, and fire trails;

(6) Description and locations of all activities to be conducted within or across waters,

wetlands, floodplains, and Riparian Management Zones;

(7) Description of the silvicultural, harvesting, or other forest practice methods to be

used, including the type of equipment to be used and materials to be applied;

(8) Proposed plan for reforestation and for any stabilization necessary to reduce erosion

potential from road and operating areas as required by the Forest Practices Regulations;

(9) Other environmental documents prepared by the Tribes, government agencies, or

consultants; the chemical label; and soil, geological, and hydrological or watershed data

relating to the forest practices when required by the Department;

(March 2023)

(10) The expected dates of commencement and completion of all forest practices

specified in the application;

(11) Assessment of existing roads including haul roads, and provisions for construction,

reconstruction, or abandonment of roads needed to achieve the standards set forth in

section 4-7-61 and to afford protection to Reservation resources; and

(12) An affirmation that the statements contained in the application are true.

(Amended 03/23/23, Certified 03/28/23, Resolution 2023-207)

(h) The applicant shall indicate whether any land covered by the application will be converted to a

use other than commercial timber production within three (3) years after completion of the forest

practices described in it. If the application states that any such land will be converted or is

intended to be converted:

(1) The reforestation requirements of this Chapter shall not apply if the land in fact is so

converted within three (3) years unless applicable alternatives or limitations are provided

in forest practices regulations issued under this Chapter as now or hereafter amended;

(2) Conversion to a use other than commercial timber production upon completion of

such forest practices without appropriate consent or approval from the Colville Business

Council constitutes a violation of those laws for which such consent or approval is

required.

(i) As part of an application, an alternate plan may be proposed in variance with certain

requirements specified in sections 4-7-60 through 4-7-91. The application shall specify in writing

which requirements are proposed to be modified, and how the proposed alternate plan will provide

protection to Reservation resources equal to or greater than that provided by the requirement or

requirements for which an alternative is sought. During review of the alternate plan, the

Department shall conduct a site inspection, consult with other departments or specialists having

relevant resource expertise or jurisdiction, and shall approve an alternate plan that provides

protection to Reservation resources equal to or greater than provided by the requirements for

which an alternative is sought.

Alternate plans proposed with respect to forest practices proposed on Tribal or allotment trust land

shall be reviewed by the Department in consultation with a multidisciplinary team to be

coordinated by the CCT IRMP Coordinator. If consensus is not achieved, the IRMP Coordinator

may provide a recommendation to the CCT Natural Resources Department Managers Team for its

concurrence. The Managers Team shall be provided a copy of the proposed alternate plan and

written notice of the need for decision at least one week prior to the Managers decision date. The

Department shall determine in writing whether the multidisciplinary process or the Managers

Team recommendation provides protection to Reservation resources equal to or greater than that

provided by the requirements for which an alternative is sought.

If proposed, an alternate plan shall contain adequate details to allow comparison with the standard

provisions, including:

(1) Standard provisions to be waived and specifications of the alternate practice

proposed;

(2) General description of site, resource conditions, and special circumstances that

support use of an alternate practice;

(3) Analysis describing Reservation resources affected, and comparing near- and longterm effects on condition and function of Reservation resources resulting from the

alternate practice versus standard practices;

(March 2023)

(4) Map specifying location and operational details of the alternate practice.

(j) Before the operator commences any forest practice in a manner significantly different from that

described in a previously filed notification or application, there shall be submitted to the

Department a new application or notification in the manner set forth in this section.

(k) The approval given by the Department to conduct a forest practice shall be effective for a term

of up to five (5) years as specified by the Department. If a written notice is submitted to the

Department thirty (30) days before such term ends, an extension for one year may be granted and

no new application shall be required, providing that the forest practices to be employed remain the

same and the Department does not believe a new application is needed.

(Amended 6/7/05, Certified 7/12/05 Resolution 2005-326)

(l) Notwithstanding any other provision of this section, no prior notification or application shall be

required for any emergency forest practice necessitated by fire, flood, windstorm, earthquake or

other emergency defined by the Colville Environmental Quality Commission, but the operator

shall submit an application or notification, whichever is applicable, to the Department within

forty-eight (48) hours after commencement of such practice, provided that the operator shall

comply with any Stop Work Order or Notice to Comply the same as if such forest practices were

being performed pursuant to an approved application.

(Amended 03/23/23, Certified 03/28/23, Resolution 2023-207)

4-7-8

Application Time Limits

(a) A properly completed application delivered to the Department shall be approved or

disapproved within three (3) working days for Class II, fourteen (14) working days for Class III

and thirty (30) working days for Class IV forest practices, except:

(1) To the extent the Department is prohibited from approving the application by this

Chapter.

(2) For “Class IV” applications when the Department has determined that additional

information, or an environmental assessment or statement must be prepared, an

application received without the information, assessment, or statement shall be

considered incomplete.

(b) Where an application covers both Class III and Class IV forest practices, the Department shall

have thirty (30) working days to approve or disapprove the application.

Department determines it involves some Class IV forest practices, the Department shall notify the

applicant and extend the review as in (b) above. If the application is already approved, the

Department shall issue a Stop Work Order or take other appropriate action.

(d) If field conditions prevent the Department from being able to properly evaluate the application,

the Department may disapprove the application or portions thereof until field conditions allow for

an on-site review.

4-7-9

Approval and Disapproval Policy

(a) Applications shall be approved except to the extent the Department finds:

(1) The application is incomplete, improperly filed, or inaccurate.

(2) The operator has been enjoined from conducting forest practices by a Colville Tribal

Court action under this Chapter.

(March 2023)

(3) Conducting the operation(s) in accordance with the application would be inconsistent

with this Chapter and no acceptable alternate plan is approved.

(b) If an application is properly filed but portions of it must be disapproved any portions of the

proposed operations which can be separately conducted in compliance with this Chapter without

reasonable risk to a Reservation resource or the health, safety and welfare of the Reservation

population shall be approved, or approved with conditions.

reasons therefore, citing the provision(s) of these Regulations with which the proposed

operations(s) do not comply.

(d) Whenever an approved application authorizes a forest practice which, because of soil

condition, proximity to a water course or other unusual factor, has a potential for causing material

damages to either a Reservation resource or to the health, safety or welfare of the Reservation

population, as determined by the Department, the applicant shall, when required by a condition or

approval, notify the Department two (2) days before the commencement of actual operations.

(e) The Department may specify application approval conditions when necessary to protect

Reservation resources. In the development of such conditions, the Department will rely upon the

expertise of qualified specialists regarding the resources at risk. When an alternate plan is

approved as part of a forest practice application, the approval shall include a finding of equal or

better resource protection.

(f) All approvals are subject to any conditions stipulated on the approved application and to any

subsequent additional requirements set forth in a Stop Work Order or a Notice to Comply.

(g) Approval of an application to conduct forest practices under this Chapter does not constitute

approval of any other permit that may be required, and except as expressly provided in this

Chapter, does not constitute a waiver of any other requirement of this Code. Other permits may

also be required for certain practices, such as a Road Use Permit, or permits which may be

required by the Hydraulics Project Act, Shoreline Protection Act or other applicable laws.

4-7-10 Conversion to Non-forest Use

If an application to harvest signed by the landowner indicates that within three (3) years of

application approval the forest land will be converted to an active use which is incompatible with

timber growing, the reforestation requirements of these regulations shall not apply to the area

proposed for conversion. Information relating to reforestation of the area to be converted need not

be supplied. However, if such other use is not implemented within three (3) years after application

approval the reforestation requirements shall apply and such reforestation shall be completed

within one (1) additional year. Any conversion of forest land shall comply with Chapters 4-3 and

4-15 of this Colville Tribal Code.

4-7-11 Supplemental Directives

(a) Purpose of supplemental directives: The Department may issue supplemental directives to the

forest landowner, timber owner and operator, advising them to modify forest practice operations

when the Department determines a different course of action or minor changes in the operation

will provide greater assurance that the purposes and policies set forth in this Chapter will be met.

(b) Content of supplemental directives: Supplemental directives shall indicate the reason for their

issuance specifying:

(1) the preferred course of action or minor change;

(2) expected improvements in protection to Reservation resources or population; and

(March 2023)

(3) location the preferred course of action or change will occur.

writing. The supplemental directive shall be given to the operator and a copy mailed promptly to

the forest landowner and to the timber owner if different from the forest landowner.

(d) Directive constitutes approval: No other approval of the Department shall be necessary to

conduct forest practice operations in compliance with the terms of a supplemental directive.

4-7-12 Enforcement Policy

It is the policy of this Chapter to encourage informal, practical, result-orientated resolution of

alleged violations and actions needed to prevent damage to Reservation resources or harm to the

health, safety or welfare of the Reservation population. It is also the policy of this Chapter,

consistent with the principles of due process, to provide effective procedures for enforcement.

This Chapter provides the following enforcement procedures: informal conferences; Notices to

Comply; Stop Work Orders; corrective actions by the Department; civil penalties; injunctions and

other civil and administrative judicial relief. The enforcement procedures, following these policies,

will be carried out by the Department, or other tribal enforcement officials as requested by the

Department, or both. The enforcement procedure used in any particular case shall be appropriate

in view of the nature and extent of the violation or the damage or risk to Reservation resources and

the health, safety and welfare of the Reservation population and the degree of bad faith or good

faith of the persons involved.

4-7-13 Informal Conferences

(a) Opportunity mandatory: The Department shall afford the operator or his representative

reasonable opportunities to discuss proposed enforcement actions at an informal conference prior

to taking further enforcement action, unless the Department determines that there may be either

imminent environmental damages to a Reservation resource or adverse impact upon the health,

safety and welfare of the Reservation population. Informal conferences may be used at any stage

in enforcement proceedings, except that the Department may refuse to conduct informal

conferences with respect to any matter then pending before the Colville Environmental Quality

Commission or the Colville Tribal Court.

(b) Reports required: Department personnel in attendance at informal conference shall keep

written notes of the date and place of the conference, the persons in attendance, the subject matter

discussed, and any decisions reached with respect to further enforcement action.

be kept in the Department files until one (1) year after final action on the application involved,

and be open to public inspection.

4-7-14 Notice to Comply—Contents—Procedures—Hearing—Final Order—Limitations on Actions

(a) Where a violation, deviation from an approved application, or material damage to a

Reservation resource or harm to the Reservation population has occurred, or the Department

determines that a reasonable potential for such material damage or harm exists as a result of a

forest practice, and the Department determines that a Stop Work Order is unnecessary then the

Department shall issue and serve upon the operator or landowner a Notice to Comply, which shall

clearly set forth:

(1) The specific nature, extent, and time of violation or deviation and the damage or

potential damage to a Reservation resource or harm to the Reservation population;

(2) The relevant provisions of this Chapter relating thereto;

(3) The right of the operator or landowner to a hearing before the Department; and

(March 2023)

(4) The specific course of action violation or deviation, and to prevent, correct and

compensate for material damage to Reservation resources or harm to the Reservation

population which resulted from any violation, unauthorized deviation, or willful or

negligent disregard for potential damage to a Reservation resource; and/or those courses

of action necessary to prevent continuing damage to Reservation resources or harm to the

Reservation population where the damage is resulting from circumstances that could not

be reasonably foreseen at the time of the approval of the application.

(b) The Department shall mail a copy thereof to the forest land owner and the timber owner at the

addresses shown on the application, showing the date of service upon the operator. The operator

or owner shall undertake the course of action so ordered by the Department unless, within fifteen

(15) days after the date of service of such Notice to Comply, the operator, forest landowner, or

timber owner, shall request the Department in writing to schedule a hearing. If so requested the

Department shall schedule a hearing on a date not more than twenty (20) days after receiving such

request. Within ten (10) days after such hearing, the Department shall issue an interim order either

withdrawing its Notice to Comply or clearly setting forth the specific course of action to be

followed. Such interim order shall become final ten (10) days after its issuance and the operator or

owner shall undertake the course of action so ordered by the Department unless within this ten

(10) day period the operator, forest landowner, or timber owner elects to exhaust his

administrative remedies by appealing such interim order to the Colville Environmental Quality

Commission. The order of the Colville Environmental Quality Commission shall be final agency

action from which there is the right of judicial review.

4-7-15 Stop Work Order—Grounds—Contents—Procedure—Appeals

(a) The Department shall have the authority to serve upon an operator or landowner a Stop Work

Order if there is any violation of the provisions of this Chapter or a deviation from the approved

application, or immediate action is necessary to prevent continuation of or to avoid material

damage to a Reservation resource or harm to the Reservation population.

(b) The Stop Work Order shall set forth:

(1) The specific nature, extent, and time of the violation, deviation, damage, or potential

damage;

(2) An order to stop all work in connection with the violation, deviation, damage, or

potential damage;

(3) The specific course of action required to correct such violation or deviation or to

prevent, correct and compensate for damage to Reservation resources which has resulted

from any violation, unauthorized deviation, or willful or negligent disregard for potential

damage to a Reservation resource or potential harm to the Reservation population; or

those courses of action necessary to prevent continuing damage to Reservation resources

or harm to the Reservation population where the damage is resulting from the forest

practice activities but has not resulted from any violation, unauthorized deviation, or

negligence; and

(4) The right of the operator to a hearing before the Colville Environmental Quality

Commission: The Department shall immediately file a copy of such order with the

Colville Environmental Quality Commission and mail a copy thereof to the timber owner

and forest land owner at the addresses shown on the application. The operator, timber

owner, or forest landowner may commence an appeal to the Colville Environmental

Quality Commission within fifteen (15) days after service upon the operator. If such

appeal is commenced, a hearing shall be held not more than twenty (20) days after copies

of the notice of appeal were filed with the Colville Environmental Quality Commission.

The operator shall comply with the order of the Department immediately upon being

(March 2023)

served, but the Colville Environmental Quality Commission, if requested, shall have

authority to continue or discontinue in whole or in part the order of the Department under

such conditions as it may impose pending the outcome of the proceeding.

4-7-16 Failure to Take Required Course of Action—Notice of Cost—Department Authorized to

Complete Course of Action—Liability of Owner for Cost

If an operator or owner fails to undertake and complete any course of action with respect to a

forest practice, as required by final order of the Department or a final decision of the Colville

Environmental Quality Commission, the Department may determine the cost thereof and give

written notice of such cost to the operator, the timber owner and the owner of the forest land upon

or in connection with which such forest practice was being conducted. If such operator, timber

owner, or forest land owner fails within thirty

(30) days after such notice is given to undertake such course of action, or having undertaken such

course of action fails to complete it within a reasonable time, the Department may expend any

funds available to undertake and complete such course of action and such operator, timber

owner, and forest land owner shall be jointly and severally liable for the actual, direct cost

thereof, but in no case more than the amount set forth in the notice from the Department, plus

attorney fees, investigatory, court and other costs. If not paid within sixty (60) days after the

Department completes such course of action and notifies such forest land owner in writing of the

amount due, such amount shall become an obligation on such forest land and the Reservation

Attorney at the Department's direction shall enforce this obligation to the extent provided by law.

4-7-17 Failure to Obey Stop Work Order—Department Action Authorized—Liability of Owner or

Operator for Costs

When the operator has failed to obey a Stop Work Order the Department may take immediate

action to prevent continuation of or avoid material damage to Reservation resources or adverse

impact on the health, safety and welfare of the Reservation population. If a final order or decision

fixes liability with the operator, timber owner, or forest landowner, they shall be jointly and

severally liable for such emergency costs which may be collected in any manner provided for in

Tribal law.

4-7-18 Inspection—Right of Entry

(a) The Department shall inspect forest lands, before, during and after the conducting of forest

practices as necessary for the purpose of ensuring compliance with this Chapter and to ensure that

no material damage shall occur to either Reservation resources or the health and welfare of the

Reservation population as a result of such practices.

(Amended 03/23/23, Certified 03/28/23, Resolution 2023-207)

(b) Any duly authorized representative of the Department shall have the right to enter upon forest

land at any reasonable time to enforce the provisions of this Chapter.

any forest lands at reasonable times to enforce the provisions of this Chapter, the Department may

apply for administrative civil search warrant to the Colville Tribal Court which shall have

authority to issue such search warrant upon reasonable cause.

4-7-19 Civil Remedial Actions—Monetary Compensation—Notice—Right of Appeal

Any person who fails to comply with the provision of this Chapter, as it now provides or may

hereafter amended, shall be required to pay civil monetary damages in the full amount of the

costs of detecting and repairing any damages done as a result of the violation plus the

administrative costs of enforcement, including but not limited to investigatory costs, expert

witnesses and collection of such damages, including attorney's fees.

(a) In the event a specific monetary value cannot readily be placed on such damages, every such

(March 2023)

violating person shall be required to pay civil monetary damages in accordance with the liquidated

damage schedule of this Chapter. The maximum liquidated amount is one thousand dollars

($1000) per day for each such violation. Each day of such operation shall constitute a separate

violation. In the case of a failure to comply with a written notice from the Department, every day’s

continuance after serving of the written notice shall be a separate and distinct violation.

(b) Written Notice: The remedial action herein provided for shall be imposed by a notice in

writing, either by certified mail with return receipt requested or by personal service, to the person

incurring the same from the Department, describing the violation with reasonable particularity.

The person incurring civil damages pursuant to this section may within thirty (30) days of receipt

of notice apply in writing to the Department for the remission or mitigation of such remedial

action. Upon receipt of the application, the Department may remit or mitigate the remedial action

upon whatever terms the Department, in its discretion, deems proper; Provided, that the

Department deems such remission or mitigation to be in the best interests of carrying out the

purposes of this Chapter. Any compensation imposed hereunder shall become due and payable

thirty (30) days after receipt of such notice or thirty (30) days after the conclusion of any

administrative or judicial appeals. The Department shall have authority to ascertain the facts

regarding all such applications in a reasonable manner.

same to the Colville Environmental Quality Commission. Unless such an appeal is taken, the civil

remedial action hereunder shall be final and binding upon the person(s) affected by that civil

remedial action. Such appeals shall be filed within thirty (30) days of receipt of notice imposing

any penalty unless an application for remission or mitigation is made to the Department. When

such an application for remission or mitigation is made, such appeals shall be filed within thirty

(30) days of receipt of notice from the Department setting forth the disposition of the application.

The decision of the Colville Environmental Quality Commission shall be final agency action for

purposes of judicial review.

(d) Enforcement Action: If the amount of any compensation is not paid to the Department within

thirty (30) days after it becomes due and payable, the Office of the Reservation Attorney, upon

request of the Department, shall bring action in the Colville Tribal Court to recover such

compensation.

(e) Balance after costs will be placed into a separate account for rehabilitation purposes related to

water quality and administered by the Department.

4-7-20 Enforcement

The Colville Tribes, through the Colville Tribal Court, may take any necessary action to enforce

any final order or final decision after such person has failed to comply with the final order or the

final decision.

4-7-21 Administrative Appellate and Judicial Review

(a) Any person aggrieved by any order, decision, or other action of the Department may obtain

administrative appellate review thereof by submission of a timely petition to the Colville

Environmental Quality Commission pursuant to the standards and procedures of the Colville

Administrative Procedure Act, Chapter 2-4. Such petition for administrative appellate review shall

be filed with the Chairman of the Colville Environmental Quality Commission within thirty (30)

days of the date of the order, decision, or other action that is the subject of such appeal.

Exhaustion of such administrative appellate review is a jurisdictional requirement to judicial

review.

(b) Any person directly affected by any final order, final decision or other final action of the

Colville Environmental Quality Commission may obtain judicial review of such order, decision

or action by filing a timely petition with the Colville Tribal Court pursuant to the Colville

Administrative Procedure Act. Such petition for judicial review shall be filed with the Court, as a

(March 2023)

civil matter under the Colville Tribal Code, within twenty (20) days of the decision of the Colville

Environmental Quality Commission. Unless declared invalid upon judicial review, a final order,

final decision, or other final action of the Colville Environmental Quality Commission shall be

binding upon all parties.

4-7-22 Cooperation with Public Agencies—Grants and Gifts

Subject to approval of the Colville Business Council the Department is authorized to accept,

receive, disburse and administer grants or other funds or gifts from any source, for the purpose of

carrying out the provisions of this Chapter and to consult and cooperate with federal and state

agencies in matters pertaining to this Chapter. Subject to approval by the Business Council, the

Department is further authorized to negotiate inter-governmental agreements which may create,

modify, or change duties established by this Chapter; Provided, that no regulatory changes shall be

valid unless made in accordance with the Colville Administrative Procedure Act.

4-7-23 Statutes and Trust Responsibility Not Modified

Nothing in this Chapter as now or hereafter amended shall modify or waive any requirement to

comply with applicable federal laws and regulations. Nothing in this Chapter as now or hereafter

amended shall be construed to modify, waive or impair the trust responsibility of the United

States.

4-7-24 Waiver of Regulations

Whenever a strict interpretation of this Chapter, or the regulatory program established pursuant to

this Chapter, would result in extreme hardship, the Department may waive or modify such

regulatory requirements or portion thereof; Provided, that such waiver or modification shall be

consistent with the intent of this Chapter and; Provided further, that no such waiver shall be

granted where material damage to Reservation resources, or adverse impact upon health and

welfare of the Reservation population, shall result therefrom. The Department shall report in

writing all such waivers to the Natural Resource Director, Natural Resource Managers, and

Cultural Preservation Administrator within 90 days of granting the waiver.

4-7-25 Severability

If any provision of this Chapter, or the application thereof, to any person or circumstances is held

invalid, such invalidity shall not affect other provisions or application of this Chapter which can

be given effect without the invalid provision or application, and to this end, the provisions of this

Chapter are declared to be severable.

BEST MANAGEMENT PRACTICES

4-7-60 Roads Location, Design, and Water Crossings

The Department shall apply these standards considering resource values and function, degree of

risk to affected resources, and practicality of alternatives.

(a) Location - road locations shall incorporate the following standards to best protect water quality

and Reservation resources. Roads shall only be constructed in locations approved by the

Department.

(1) Roads shall be located outside Riparian Management Zones, wetlands, channel

migration zones, floodplains, and unstable slopes or landforms unless all other feasible

alternatives have been eliminated. When road location within such areas is necessary, the

road length used or constructed shall be minimized.

(2) Road density shall be minimized with a net decrease in forest road density within 15

years (by 2030):

(A) Use existing roads whenever practical and where resource protection

(March 2023)

standards can be accomplished.

(B) Construct new roads only where the existing road system does not allow

cable yarding of harvest areas with sustained slopes exceeding 35%, or for other

areas does not allow ground-based harvest with maximum skid distances less

than 1500 feet.

be upgraded or maintained to prevent damage to Reservation resources, in

accordance with section 4-7-61 (c).

(D) Target of open forest road density of 1.5 miles per square mile per WMU

post harvest.

(E) New road construction shall be blocked by double tank trapping after timber

harvest occurs to ensure the Tribes’ road density goals are met.

(Amended 03/23/23, Certified 03/28/23, Resolution 2023-207)

(3) Road locations shall minimize:

(A) The number of water crossings;

(B) Loss of riparian function;

(D) Road length with grades exceeding 10%.

(4) Stream crossings shall be located where the channel is straight and can be crossed at

right angles.

(b) Design:

(1) Road width shall be the minimum necessary for the logging system used, to meet

safety requirements and minimize impacts to Reservation resources.

(2) Road shall be aligned to:

(A) Minimize excavation and balance cuts and fills. Use waste excavation in

fills to minimize sidecast whenever feasible.

(B) Avoid risk of diverting stream flows down the road grade.

(3) Cut and fill slopes shall be designed to prevent further movement or erosion of soil or

fill.

(A) Construct fill slopes not exceeding the following ratios unless otherwise

approved by the Department:

Excavated material

Common earth

Rock

Sandy Soil

Fill slope ratio

1:1

1-½:1

2:1

(March 2023)

(B) Construct cut slopes not exceeding the following ratios unless otherwise

approved by the Department:

Excavated material

Common earth (on slopes over 70%)

Common earth (on slopes to 50%)

Hardpan, broken or soft-rock

Rock

Cut slope ratio

¾:1

½:1

¼:1

slopes.

(4) Road drainage shall be provided to maintain natural surface and subsurface drainage

patterns, prevent erosion, and minimize delivery of road runoff to waters.

(A) Provide road surface drainage by a combination of outsloping, insloping, or

crowning of the road surface, rolling the grade, ditches or cross drainage.

(B) Disperse road runoff and relieve ditches at intervals no greater than the

following:

Road Gradient

0 to 8%

9% to 15%

15% and over

Maximum Drainage Spacing

600 feet

400 feet

250

Additional cross drains may be needed due to factors such as soils, topography,

precipitation levels, proximity to waters or unstable slopes, and drainage patterns. Less

frequent spacing may be approved by the Department.

(i) Have culvert diameter of at least eighteen (18) inches in diameter or

the equivalent.

(ii) Have adequate catch basins and headwalls to minimize the risks of

culvert siltation and “by-pass” of the culvert from erosion of the

headwall.

(iii) Slope downward toward the outside shoulder of the road at a

minimum gradient of 3% to keep the culvert clean.

(D) Provide adequate outfall protection at all drainage improvements to prevent

erosion and sedimentation.

(1) All crossings shall have structures installed to keep water within its natural

watercourse.

(2) Crossing structures for permanent roads shall be capable of passing 100 year flows

and associated bedload and woody debris during runoff events.

(3) Where waters provide fish habitat, crossings shall provide passage for all fish life

(March 2023)

stages.

(4) Ditches and road surface shall be drained away from water crossings at the nearest

location feasible to minimize entry of road runoff to waters. Slope approaches away

from crossings where possible.

(5) Crossing fills and approaches to crossings or water withdrawal sites shall be protected

using vegetation, rock or other means to prevent erosion and entry of sediment to

streams.

(6) Temporary bridges or culverts shall be sized to pass all anticipated flows during their

period of installation. Unless installed and removed during a single low flow period,

generally between July 15 and October 15, crossings shall be sized in accordance with

section 4-7-60 (c)(2).

(7) Removal of water crossings shall include stabilization of crossing approaches by

resloping and revegetating, or other means if necessary.

(d) Roads constructed or reconstructed during emergency fire suppression action shall be

abandoned in accordance with section 4-7-61(c) upon completion of suppression activities, or

upgraded to comply with all standards of sections 4-7-60 and 4-7-61 prior to the first subsequent

spring runoff season, subject to approval of the Department.

4-7-61 Road Construction, Maintenance, Abandonment, Pits and Quarries

(a) Road Construction:

(1) Construction activities shall be performed when soil conditions are not likely to result

in excessive erosion or soil movement, considering soil types, slopes, and climatic

conditions.

(2) Minimize soil and vegetation disturbance.

(3) New road construction shall be initiated only as far as that road can be completely

finished during the current construction season. When constructing road outside the dry

season, install all erosion control and drainage improvements concurrently or closely

following pioneering of the road grade.

(4) Timber harvested within the right-of-way shall be decked at locations where the

timber will not support or be covered by fill or sidecast.

(5) Width of clearing for road construction within the Riparian Management Zone shall

be minimized.

(6) Spoils and woody debris shall be placed in stable locations outside of the Riparian

Management Zone and floodplain. Embankments so formed shall drain uniformly

without water ponding, and measures shall be provided to prevent subsequent erosion.

(7) End haul, overhaul, or other special construction methods shall be required where:

(A) sidecast material would rest within the Riparian Management Zone of Type

1 through 4 Waters; or

(B) sidecast material would rest on slopes over 50% which are terminated

within five hundred (500) feet of waters; or

(March 2023)

(D) there is a potential for mass slope failure as determined by the Department.

(8) Materials used in road construction shall be free of accumulations of slash or woody

debris, and pieces of woody material larger than three (3) cubic feet.

(9) Borrow pits shall be located outside Riparian Management Zones and floodplain.

Rock removal from streambeds or overflow channels is not permitted.

(10) During road construction, fills or embankments shall be built up in two-foot layers.

Each layer shall be compacted by operating the tractor or other equipment over the entire

surface of the layer. Chemical compacting agents may be used in accordance with

sections 4-7-63 and 4-7-87.

(11) The amount of material displaced from road location by blasting shall be minimized.

(12) Cut and fill slopes shall be sloped back in accordance with section 4-7-60 (b)(3).

(13) Grade changes (concave vertical curve) shall be used to turn runoff off roads,

particularly to protect fills at water crossings.

(14) All drainage improvements shall be installed during road construction and prior to

haul. On existing roads, all required erosion control and drainage improvements shall be

installed prior to haul. Clear drainage improvements of woody material deposited by

construction or logging prior to removal of construction equipment from the vicinity or

the winter season, whichever is first.

(15) All exposed soil, fill, spoils and sidecast shall be stabilized using seeding, or if

necessary, geotextiles, armoring, or other effective means.

(b) Road Maintenance:

(1) The following maintenance requirements shall apply to forest roads except roads

abandoned in accordance with section 4-7-61(c), to:

(A) minimize erosion,

(B) minimize delivery of sediment and road runoff to waters,

and debris during runoff events,

(D) provide passage for all fish life stages where waters provide fish habitat, and

(E) protect reservation resources.

(2) During harvest or haul operations, perform measures to:

(A) Maintain fully functional drainage improvements.

(B) Maintain shape of the road prism to prevent erosion and minimize

concentrations of runoff.

(i) Maintain outslope, inslope, or crowned shape of road surface.

(ii) Water the road surface or treat with chemicals to maintain cohesion

of road surface material.

(March 2023)

(iii) During grading, pull graded material and berms onto the road

surface. Leave berms only where necessary to protect fills.

(iv) Pull (grade) ditches only when necessary and do not remove the toe

of the cutslope.

(v) Shut down operations temporarily when road shape or drainage

improvements cannot otherwise be maintained.

not erode or compromise drainage improvements.

(D) Control roadside brush if needed to maintain road prism and drainage

improvements.

(E) When plowing snow, prevent loss of road surface material. Provide

drainage of the plowed roadway in accordance with section 4-7-60 (b)(4).

(3) Upon completion of harvest or haul operations, perform the following:

(A) Clear all drainage improvements of obstructions.

(B) Stabilize or remove unstable material and forest debris with potential to

block drainage improvements.

function.

(D) Leave road surface in a condition that will prevent subsequent erosion, and

keep runoff within natural drainages, by outsloping, removing berms from the

outside of roads, providing drain dips, waterbars, rolling grade or other methods.

(4) Thereafter, landowner shall strive to maintain drainage improvements as needed to

achieve the goals of this section and prevent material damage to Reservation resources.

(A) If material damage to Reservation resources is occurring and the

Department determines that additional road maintenance would prevent or

reduce further damage from occurring, the Department shall notify the operator

or landowner of the need for maintenance.

(B) If the operator or landowner fails to complete maintenance required in

accordance with section 4-7-15, the Department is authorized to carry out the

work and the landowner shall be liable for the expense, in accordance with

section 4-7-17.

procedures of this section and conditions of an approved Forest Practice application for

abandonment. The Department will determine whether a road has been adequately abandoned,

and notify the landowner of its decision in writing. Following notification of adequate

abandonment by the Department, no subsequent maintenance shall be required so long as the

abandoned road remains blocked to traffic. Re-opening of an abandoned road shall be considered

reconstruction and may occur in accordance with an approved Forest Practice application.

(1) Road prism shall be left in a stable condition suitable to prevent erosion, through

outsloping or water bars, and other means if required by the Department.

(March 2023)

(2) Measures shall be provided to reestablish natural drainage patterns, and to prevent

road runoff from entering waters.

(3) Culverts, bridges, and fills at all water crossings shall be removed, unless otherwise

approved by the Department.

(4) Exposed soils associated with the road and abandonment work shall be reseeded in

accordance with section 4-7-64 (d).

(5) The road shall be permanently blocked to vehicular traffic.

(d) Gravel Pits and Quarries:

(1) Gravel pits and quarries shall be located outside Riparian Management Zones and

floodplains.

(2) Runoff from gravel pits and quarries shall either be diverted to the forest floor or

passed through one or more settling basins, as approved by the Department.

(3) Cross drainage shall be provided on road approaches to gravel pits and quarries to

minimize road runoff entering the sites.

(4) If rock is to be washed provision shall be made for adequate settling basin(s) to

prevent any stream siltation.

(5) All rock quarries and gravel pits shall be reclaimed within two (2) years from the time

the rock or gravel source is exhausted or abandoned. The landowner and/or operator are

jointly responsible for reclamation. The Department may require posting of a

reclamation bond to secure performance of reclamation work. Reclamation procedures

include:

(A) Remove all deleterious material that has potential for damaging Reservation

resources or that would prevent reforestation of an otherwise plantable area.

(B) Grade all cut and fill slopes to the fill slope ratios set forth in section 4-760(b) for material present, unless otherwise approved.

(D) Reseed exposed soil in accordance with section 4-7-64 (d).

(E) Grade pit floor to provide uniform natural drainage and to prevent ponding.

4-7-62 Roadside Vegetation Control

(a) Mechanical brush control shall be used if practical.

(b) Chemicals shall only be used in accordance with sections 4-7-86 and 4-7-87.

will directly enter natural waters, wetlands or runoff water.

4-7-63 Road Surface Treatment

(a) Chemicals shall only be used in accordance with sections 4-7-86 and 4-7-87.

(b) Chemicals shall be applied to road surface only. Construct a temporary berm alongside the

(March 2023)

road shoulder where needed to prevent runoff of the applied chemical.

(d) Chemical loading, mixing, and tank cleanout shall be conducted outside of Riparian

Management Zones. When cleaning out storage tanks or the application equipment tanks used

for storage and application of road treatment materials, dispose of the rinse water, other fluids and

solids on the road surface or in a place safe from potential contamination of water.

4-7-64 Site Productivity

(a) Forest practices shall leave soil and vegetation conditions conducive to sustained soil stability

and hydrologic function, site productivity, and timber growth except where the lands are being

converted to another use.

(b) Detrimental soil conditions shall not be caused on more than 25% of each practice or treatment

area from the cumulative effects of forest practice operations and treatments. No more than 50%

of each practice or treatment area shall be scarified, including portions where detrimental soil

conditions have been caused. Areas outside the normal road prism including landings and skid

trails shall be considered part of the practice or treatment area. Detrimental soil conditions include

soil displacement, compaction, and fire damage as defined in section 4-7-3.

treatment area, the Department may require reclamation such as ripping of compacted soils or

other appropriate measures. Additional protective measures or mitigation may be required for

subsequent operations having potential to further increase detrimental soil conditions within the

same area. If subsequent operations cannot be conducted without causing additional detrimental

soil conditions, and a plan for mitigation is not approved by the Department, the operations shall

halt.

(d) Preferred grass seed mixtures shall be sown on exposed soils associated with road

construction, reconstruction, or abandonment, spoil and borrow areas, landings, skid trails, and

fire trails the first sowing season (September to March) following completion of soil disturbing

activities. The seed shall be applied at a rate of 28-50 pounds per acre (based on approval of the

Department). Any use of alternative seed mixtures and alternate rates of application shall be

approved in writing by the Department. A preferred alternative seed mixture may be used if one

or more of the following conditions are present:

(1) In dry habitat types, native bunchgrasses are absent in the surrounding plant

communities; or

(2) Noxious weeds are present in significant numbers; or

(3) Heavy livestock grazing is expected.

(Amended 03/23/23, Certified 03/28/23, Resolution 2023-207)

4-7-65 Harvest System and Landings

(a) Logging System: The logging system shall be appropriate to sustain long-term productivity of

soils, minimize erosion, and protect water quality and other Reservation resources. The

Department may require seasonal restrictions or harvesting system limitations for specific harvest

areas based upon soil conditions.

(b) Landing Locations:

(1) Landings shall be located on stable ground so that all associated fill, sidecast, spoils,

slash, and landing operations, remain outside unstable slopes and landforms, wetlands

(March 2023)

and Riparian Management Zones and above the floodplain of any stream. Utilize existing

landings where feasible. Locate new landings that will be suitable for future use.

(Amended 6/7/05, Certified 7/12/05 Resolution 2005-326)

(2) Landings shall be located where runoff coming from the landing and landing

activities can be directed away from waters and unstable slopes.

(1) Landings shall be no larger than reasonably necessary for safe operation of the

equipment expected to be used.

(2) Where the average general slopes exceed fifty (50) percent, fill material used in

construction of landings shall be free of accumulations of slash or woody debris, and

pieces of woody material larger than three (3) cubic feet, and shall be mechanically

compacted in two-to-three (2-3) foot layers where necessary and practical by tractor to

prevent soil erosion and mass soil movement.

(3) Roads, skid or fire trails shall be outsloped or cross drained uphill of landings to

divert runoff away from landings and away from the toe of any landing fills.

(4) Landings shall be sloped to minimize accumulation of runoff on the landing and

direct runoff away from waters and wetlands.

4-7-66 Harvest Operations

(a) Felling.

(1) Trees shall not be felled into or across waters or the inner zone of Riparian

Management Zones unless approved in writing by the Department.

(2) Reasonable care shall be taken to avoid felling trees into the outer zone of Riparian

Management Zones, habitat patches or other areas designated to protect Reservation

resources.

(3) Operator shall be required to use tree jacks, cable tree pulling systems or other

recognized methods for directional falling when these methods are appropriate and their

use would eliminate the need to fell trees into Type 1, 2, 3, or 4 Waters or the inner zone

of Riparian Management Zones.

(4) Harvest operations shall be integrated so that:

(A) The amount of area traveled by ground-based equipment is minimized;

(B) Trees are felled to the lead of pre-planned skid trails to minimize the

creation of detrimental soil conditions; and

(b) Ground-based Harvest Systems.

(1) Ground-based harvest systems shall be used only on ground with sustained slopes not

greater than 35% unless otherwise approved by the Department.

(2) Heavy equipment shall not enter the Riparian Management Zone or any waters unless

approved by the Department.

(March 2023)

(A) If use of heavy equipment within the Riparian Management Zone is

approved by the Department, the amount of work within the zone shall be

minimized.

(B) If water crossings are approved by the Department, the number of crossings

shall be minimized. Crossing and approaches shall be aligned at right angles to

the water.

(3) Machine trails shall be located:

(A) Away from low moist ground to avoid interception of subsurface water;

(B) To minimize sidecast; and

runoff to the forest floor.

(4) Cross drainage of skid trails shall be provided to maintain natural drainage patterns

and prevent erosion, using outsloping, waterbars, or other effective measures. Drain

trails at fifty (50) foot intervals where trail gradient exceeds 8%.

(5) Operation of ground-based equipment shall stop during periods of high soil moisture

or thawing, when excessive soil displacement, puddling or deep rutting would occur.

(1) Cable or other aerial yarding shall be used on ground with sustained slopes steeper

than 35%, unless otherwise approved by the Department.

(2) The lead end of logs shall be lifted to minimize soil displacement and rutting.

(3) Timber shall not be yarded in or over waters unless approved by the Department.

(4) When yarding parallel to a Riparian Management Zone, reasonable care shall be taken

to prevent logs from damaging leave trees within the Riparian Management Zone.

(5) Yarding across culverts, ditch lines, and roads shall be avoided.

(d) Tethered Harvest Systems

(1) Tethered systems may be used for mechanical site preparation, felling, bunching,

shovel logging, log extraction (forwarding/skidding) or a combination of these functions

and can be used in conjunction with traditional cable logging operations or ground based

operations demonstrated to be safe when operating on sustained slopes between 0% and

70%. In order to harvest on slopes 50-70%, those conducting the harvest must meet the

requirements promulgated by the Department and approved by CBC.

(2) Heavy equipment shall not enter the Riparian Management Zone or any waters unless

approved by the Department.

(A) If use of heavy equipment within the Riparian Management Zone is

approved by the Department, the Amount of work within the zone shall be

minimized.

(B) If water crossings are approved by the Department, the number of crossings

(March 2023)

shall be minimized. Crossings and approaches shall be aligned at right angles to

the water.

hydrologic application must be submitted and approved in accordance with

Chapter 4-9 of this Code.

(3) Machine trails shall be located:

(A) Away from low moist ground to avoid interception of subsurface water;

(B) To minimized sidecast; and

and direct runoff to the forest floor.

(4) Cross drainage of skid trails shall be provided to maintain natural drainage patterns and

prevent erosion, using outsloping, waterbars, slash or woody debris placement or other

effective measures as outlined in the permit approved by the Department.

(5) Seasonal restrictions should be observed, and such restrictions must be included in the

permit conditions. Tethered harvest may only occur when weather conditions will not lead

to saturated soils with high risk compaction, and may only occur as outlined in the Permit

approved by the Department.

(6) Tethered Harvest Systems may not be used in areas identified as unstable as defined in

Section 4-7-3 of this Code.

(7) When approved by the Department with appropriate conditions, Tethered Harvest

Systems may be used in areas with soils identifies as having “severe” or “very severe”

erosion hazard, soils with a “severe” rating for rutting hazard, and soils with “low”

compaction resistance (“high” compaction potential).

(8) The Department will outline in the approved permit all mitigation measures required

beyond the standard requirements outlined in this Chapter, if any. Mitigation measures

required for other harvest systems also apply to Tethered Harvest Systems unless

specifically altered by this section or the approved permit.

(e) Other Harvest Systems Not Described. The Tribes recognizes that there are emerging

technologies within harvest systems. Any systems not identified in this Chapter will not be

approved for use and may not be used unless approved by the Department and the Colville

Business Council or this Chapter is amended in accordance with Chapter 1-6. If other Harvest

Systems are approved by the Department and the Colville Business Council, such permits and

approvals must include all required mitigation and limitations.

(Amended 03/23/23, Certified 03/28/23, Resolution 2023-207)

4-7-67 Riparian Management Zones

(a) Riparian Management Zones (RMZ) shall be required along all waters except forested

wetlands. Within Riparian Management Zones, only forest practices that maintain or enhance

riparian function and Reservation resources shall be allowed.

(b) Unless approved in writing by the Department, the following activities shall not occur within

Riparian Management Zones:

(March 2023)

(1) Operation of heavy equipment, such as felling, skidding, site preparation, and fire trail

construction;

(2) Landing construction, decking and loading of logs;

(3) Rock pits and quarries, borrow pits, and spoils disposal;

(4) Aerial, broadcast or mist application of chemicals.

Management Zones, except for water crossings, their approaches, or other road and trail segments

that minimize loss of riparian function and provide the best overall protection to Reservation

resources that shall be allowed if approved in writing by the Department.

(d) Within Riparian Management Zones, existing road segments causing material damage to

Reservation resources shall be maintained, upgraded, closed, or abandoned as needed to prevent

further resource damage. Where practical, existing roads within the Riparian Management Zone

shall be abandoned, and road length within the zone shall be reduced to minimize loss of riparian

function and provide the best overall protection to Reservation resources.

(e) Riparian Management Zones shall be measured horizontally from the ordinary high water

mark, or when present, the outer edge of non-forested wetlands, channel migration zone, or

associated seeps. The following Riparian Management Zone minimum widths shall be applied to

each side of waters:

Water Type

Minimum RMZ Width

150’

125’

100’

50’

(f) Riparian Management Zones shall be comprised of an inner and outer zone.

(1) The inner zone shall begin at the ordinary high water mark, or outer edge of nonforested wetland, channel migration zone, or associated seep, and shall extend landward

for half the minimum Riparian Management Zone distance.

(2) The outer zone shall be comprised of the remaining portion of the Riparian

Management Zone, located landward of the inner zone.

Water Type

Inner Zone Width

75’

62.5’

50’

25’

Outer Zone Width

75’

62.5’

50’

25’

(g) Timber harvest within the Riparian Management Zone shall be allowed, subject to the

following limitations:

(March 2023)

(1) Harvest within the inner zone shall only occur if approved in writing by the

Department, and:

(A) where necessary to construct road or yarding corridors, or

(B) as approved in an alternate plan according to section 4-7-7 (i).

(2) Harvest operations within the outer zone, if conducted, shall leave well distributed

dominant trees from the existing stand comprising not less than the following basal area

per acre:

(A) 60 square feet per acre for dry habitat types, which include all ponderosa

pine, Douglas-fir/Idaho fescue, Douglas-fir/ninebark/heartleaf arnica phase and

all Douglas-fir/snowberry habitat types.

(B) 100 square feet per acre for moist habitat types, which include all forest

habitat types of the Reservation not listed as dry.

or mapped Reservation habitat types which the Department shall make

available.

(3) Harvest operations within the Riparian Management Zone shall be conducted to

minimize disturbance to soils, root systems, leave trees and other vegetation.

(4) When roads lie within the Riparian Management Zone, the following changes in

Riparian Management Zone requirements shall be made:

(A) Where the road prism occupies part of the outer zone, no harvest shall occur

between the road and water, and the Riparian Management Zone shall not

extend landward of the road.

(B) Where the road prism occupies part of the inner zone, requirements

specified in section 4-7-67 shall apply throughout the total Riparian

Management Zone width specified in section 4-7-67 (e).

(5) Salvage harvest within the Riparian Management Zone shall adhere to the

requirements of this section. Harvest shall not be conducted within the inner zone.

Where no live dominant trees exist in the outer zone, dead trees of the largest size classes

present shall be left to achieve basal area requirements. Salvage harvest may

alternatively be conducted in accordance with an alternate plan providing equal or higher

levels of riparian function, if approved by the Department.

(6) Riparian Management Zones shall not be required for forested wetlands. Harvest

within forested wetlands may be conducted in accordance with a plan preventing

detrimental impact, rutting of soils and loss of functional wetland acreage, if approved by

the Department.

4-7-68 Reserve Trees

(a) On all acres harvested outside of riparian management zones, a minimum of two (2) reserve

trees per acre, well distributed, shall be left standing.

(b) No point within units of regeneration or overstory removal harvest shall be farther than 600

feet from a reserve patch, Riparian Management Zone, or fully stocked stand of timber. U unless

specified in the Department approved Permit , for the purposes of this section, adjacent land

having different ownership shall be considered to be fully stocked with timber.

(March 2023)

(Amended 03/23/23, Certified 03/28/23, Resolution 2023-207)

hazard to workers or the public; except where salvage harvest is conducted, a minimum of two (2)

snags per acre of the largest size classes present shall be left standing.

4-7-69 [Reserved]

4-7-70 [Reserved]

4-7-71 Landing Cleanup

Except as approved by the Department, the following rules shall be met within sixty (60) days

after completion of hauling logs from any landing, or sooner if necessary to prevent erosion.

(a) Drainage:

(1) Clean any ditches and culverts obstructed by dirt or woody debris during operations.

(2) Establish a slope that will prevent water from accumulating on the landing or running

from the landing down any erodible fill.

(b) Other Erosion Control Measures:

(1) Cut slopes shall be cut back to an angle expected to remain stable.

(2) Where landing surfaces, fill, sidecast or slash are unstable or erodible they shall be

compacted, ripped, water barred, benched or mulched, or be treated by other means

approved by the Department.

(Amended 6/7/05, Resolution 2005-326)

(Certified 7/12/05)

(1) Slash accumulations which would prevent reforestation of otherwise plantable fills,

sidecast or cut slopes of landings shall be disposed of or be piled on the landing floor for

future disposal.

(2) Slash shall not be buried in any filled portion of the landing in connection with

landing cleanup operations.

4-7-72 Post-Harvest Site Preparation

Unless the application or notification indicates that the landowner or timber owner specifically

agrees to assume responsibility for compliance with this section, the operator shall leave the site

in a condition suitable for reforestation following any regeneration harvest or any partial cutting

where the site is reduced below its minimum stocking level as determined by the Department.

Lands being converted to another use are exempt.

(a) Site preparation shall be required when necessary to establish a condition suitable for

reforestation.

(b) Heavy equipment shall not be used for site preparation or rehabilitation work:

(1) In any water or Riparian Management Zones; or

(2) On sites with sustained slopes exceeding 35%, unless approved by the Department.

(March 2023)

(Amended 6/7/05, Resolution 2005-326)

(Certified 7/12/05)

treatment area. Areas outside the normal road prism including landings and skid trails shall be

considered part of the practice or treatment area.

(d) At least five pieces per acre of large dead wood, 15 inches in diameter and 10 feet long or

larger, shall be left scattered and not piled. Where less than five pieces of large wood exist per

acre, all shall be left scattered and not piled but there is no requirement to create or place

additional pieces.

4-7-73 Slash Disposal

(a) Slash Disposal Techniques:

(1) Except on sites where the Department determines that a particular method would

cause unreasonable risk to either Reservation resources or the health, safety and welfare

of the Reservation population, any conventional method of slash disposal may be used.

(Amended 6/7/05, Resolution 2005-326) (Certified 7/12/05)

(2) Slash burning may requires a burning permit from the Department or Fire

Management. Reasonable care shall be taken to prevent damage to Riparian Management

Zones, soil, residual timber, Reservation resources, and other property.

(3) Location of slash piles: Slash shall not be piled or windrowed using heavy equipment

within the Riparian Management Zone or in locations from which it could be expected to

enter any water.

(b) Slash disposal is required when abatement of extreme fire hazard is required, as determined by

the Department or Fire Management.

extension of time for reforestation on the grounds that slash disposal is necessary or desirable

before reforestation.

4-7-74 Fire Trails

Existing logging roads will be considered as the main fire trail system. However, additional fire

trailing may be required to protect the Reservation resources.

(a) Fire trails shall have adequate dips, water bars, cross drainage and ditches to prevent erosion.

(b) Reasonable care shall be taken to minimize excavation. Sidecast and use of heavy equipment

to build trail in advance of controlled burning shall not be permitted within the Riparian

Management Zone of any waters unless approved by the Department.

4-7-75 Housekeeping

During timber harvest and all other forest practices, contamination of Reservation resources shall

be prevented. Refueling and repair work shall be conducted outside of Riparian Management

Zones. Fuels, lubricants, coolants and other pollutants shall not be allowed to wash into any

water or waterway, seep into the soil, or kill vegetation, fish or wildlife. Forest lands shall be

kept clear of all trash, pollutants, and other inorganic refuse resulting from forest practices.

(a) In the event that a spill occurs the Environmental Trust Department shall be notified

(March 2023)

immediately by the operator.

(b) The Department may require all measures necessary to clean up contaminated sites.

4-7-76 Reforestation Policy

All harvested forest land not being converted to another use shall be regenerated with approved

commercial species within specified time periods. The regenerated forest shall be protected and

managed to insure optimum productivity of the forest lands.

4-7-77 Reforestation Requirements

(a) Unless the harvest application indicates that the land will be converted to another use, or the

lands are identified as having a likelihood of conversion to urban uses, reforestation is required for

forest lands harvested where the remaining trees do not fully utilize the timber growing capacity of

the site as determined by the Department.

(b) Reforestation is not required where:

(1) Individual dead, dying, down or windthrown trees are salvaged, or

(2) A tree or trees not constituting a merchantable stand are removed from lands in actual

use for other purposes; for example, removal of individual trees from lands used for

farming or grazing.

(3) Trees are harvested from land within 200 feet of an occupied residence or the rightof-way or easement of paved roads improved and maintained to provide general public

transportation.

(1) Satisfactory reforestation of a regeneration harvest occurs if:

(A) Within four (4) years of completion of initial harvest or subsequent

relogging, the site is artificially restocked by seeding or planting alone, or in

combination with natural regeneration, such that restocking meets specifications

established by the Department.

(B) Within ten (10) years, in the case of a natural regeneration plan, the site is

restocked to at least the minimum acceptable stocking established by the

Department.

Provided that the regeneration failures from causes beyond the applicant's control will not

result in a violation of this paragraph.

(2) In the event that acceptable stocking is not achieved within the time limits specified,

site preparation and supplemental planting or seeding may be required.

(3) The Department may grant an extension of time for planting or seeding if suitable

seedlings or seeds are not available, or if weather conditions or other circumstances

beyond the forest landowner's control require delay in planting or seeding.

(d) Satisfactory Reforestation-Partial Cuts: Where reforestation is required in connection with a

partial cut, the harvest application shall include a plan for stocking improvement. The plan shall

be approved unless the Department determines that it will not reasonably utilize the timber

growing capacity of the site to the extent practical.

(March 2023)

(e) Natural Regeneration Standards: A natural regeneration plan may be approved as acceptable

reforestation if:

(1) A seed source of well-formed trees of commercial tree species capable of seed

production is available.

(2) The owner of the seed source agrees in writing not to harvest the seed source for the

time period specified in the plan, or until issuance of a satisfactory reforestation

inspection report.

(3) For purposes of this paragraph, a “natural seedling” shall be defined as a thrifty,

vigorous tree firmly rooted in mineral soil or decayed duff, that is at least six (6) inches in

height measured to the highest point above the root collar.

(4) The seed source must consist of:

(A) Seed block of sizes and locations shown on the plan and satisfactory to the

Department, or

(B) An average of at least five to ten (5 – 10) well distributed, healthy,

undamaged, vigorous, windfirm seed trees per acre of plantable area and no

inadequately stocked area 32 (July 2005 version of Chapter 4-7)

is more than one hundred fifty (150) feet from the nearest seed tree.

(5) Competing vegetation shall be controlled to the extent necessary to allow survival

and growth by approved commercial species.

(f) Alternate Plan: Any alternate plan for natural reforestation may be approved if it provides a

practical method of achieving acceptable stocking levels as established by the Department within

ten (10) years.

4-7-78 Reforestation—Species—Stocking—Standards

(a) Reforestation Species: The Department may approve the use of species which differ from the

removed stand where the reforestation plan reveals that the proposed species is preferable from

any of the following standpoints.

(1) Site data indicates better potential production for the proposed species;

(2) Control of forest insects or disease;

(3) Greater economic return;

(4) Development of special environmental, recreational or aesthetic conditions.

(b) Acceptable Stocking: Stocking levels are acceptable if three hundred (300) well-distributed,

vigorous seedlings per acre of commercial tree species have survived on the site at least two

growing seasons. “Welldistributed” means that more than 20% of the harvested area has from 240

to 300 trees per acre. Lesser number of trees per acre may be acceptable if the Department

determines that the timber growing capacity of the site will be fully utilized.

(1) The seedling and seed must be from an appropriate seed zone

(2) Competing vegetation shall be controlled to the extent necessary to allow survival and

(March 2023)

growth of the regenerated trees.

4-7-79 Reforestation: Plans—Report—Inspections

(a) Reforestation Plans: Reforestation plans must be submitted with the application except

where no reforestation is required.

(Amended 6/7/05, Resolution 2005-326) (Certified 7/12/05)

(b) Reforestation Reports: The landowner, forest landowner or his designee shall file a report with

the Department either at the time of completion of planting or at the end of the normal planting

seasons. When artificial seeding is used, the report shall be filed two (2) growing seasons after

seeding.

(1) The original Forest Practice application or notification number.

(2) Species planted or seeded.

(3) Age of stock planted and seed zone.

(4) Description of actual area planted or seeded.

(d) Inspection—Supplemental Planning Directives:

(1) Within twelve (12) months after a reforestation report is received, the Department

shall inspect the reforested lands; and within seven (7) years on the case of natural

regeneration, the Department shall inspect the reforested lands.

(2) If the inspection shows that acceptable stocking levels have not been achieved, the

Department shall direct the forest owner to perform supplemental regeneration in

accordance with the Department's reforestation standards.

(A) In lieu of such supplemental planting, the Department and the forest

landowners may agree on a supplemental reforestation plan.

(B) Supplemental planting shall not be required if the Department determines

that there is little probability of significantly increasing the stocking level.

resources and is feasible, further supplementary planting shall not be required

where acceptable stocking levels have not been achieved after two (2) properly

performed supplemental plantings.

(3) Evidence of compliance: If the Department determines on inspection that acceptable

reforestation has been achieved, on the request of the forest landowner the Department

shall confirm in writing that no further reforestation obligations remain. If no

supplemental planting directive has been issued within thirty (30) days after the deadline

for the inspection, reforestation shall be deemed satisfactory unless the Department has

informed the landowners prior to the deadline that further inspections by the Department

on the area are needed.

(4) Where a natural regeneration plan has been approved by the Department, the

Department may allow up to ten (10) years to achieve acceptable stocking levels.

(5) Prior to the sale or transfer of land subject to a reforestation obligation, the seller shall

provide written notification of the obligation to the buyer, and the buyer shall sign a

notice of reforestation obligation indicating the buyer’s knowledge and assumption of the

(March 2023)

obligation.

4-7-80 Urban and Other Lands Exempted from the Reforestation Requirements

(a) Those lands which an applicant has declared are to be converted and are in fact converted

within three years, and where:

(1) The development is for urban or other use incompatible with commercial timber

production, and

(2) The development contemplated would be consistent with any applicable land use

plans or ordinances.

(b) Utility Rights-of-Way: Reforestation is not required for initial clearing or reclearing of utility

rights-of- way in actual use for utility purposes or scheduled for construction of utility facilities

within ten (10) years from the date of completion of harvest, Provided, that if the scheduled

facility is not completed, the area shall be reforested within one (1) year.

of the agency owning or acquiring the lands:

(1) Lands owned in fee by a public agency that has budgeted for construction within ten

(10) years a specific project inconsistent with commercial timber production.

(2) Lands being acquired by public agency for construction of a project, within ten (10)

years, that is inconsistent with timber, production, if at the time of completion of harvest,

the public agency has entered into a binding contract for the purchase of the lands or

initiated legal proceedings for the condemnation of the lands.

4-7-81 Archaeological, Historical, and Cultural Resources

(a) Within 200 feet of burials or archaeological/historical sites, heavy equipment use, timber

falling and yarding, and chemical application shall only be conducted in accordance with a

protection plan approved by the Tribal Historic Preservation Officer.

(b) When burials or archaeological/historical resources are discovered during a forest practice,

operations shall be halted within 1320 feet of the discovery site and the Tribal archaeologist shall

be notified immediately. The operation may be resumed following development of a protection

plan approved by the Tribal Historic Preservation Officer, and shall proceed in accordance with

the provisions of the plan.

containing significant occurrences of cultural plants or resources, the Department may require

measures for their protection or enhancement, and forest practices shall be conducted in

accordance with such requirements.

4-7-82 Unstable Slopes or Landforms

(a) Forest practices conducted on or around unstable slopes or landforms shall incorporate

measures to avoid increasing the rate and magnitude of soil movement.

(b) The Department may require appropriate measures, including:

(1) Avoiding or minimizing operations on specific sites;

(2) Road and landing construction that minimize excavation and utilize additional

drainage and stabilization measures;

(3) Temporary use and subsequent abandonment of roads;

(March 2023)

(4) Harvest methods that minimize site disturbance, or maintain specified levels of tree

stocking, canopy cover, or rooting strength;

(5) Stabilization of landing woody debris accumulations; or

(6) Restricted use of heavy equipment off roads.

4-7-83 [Reserved]

4-7-84 Threatened, Endangered or Protected Species’ Habitats

(a) The Fish & Wildlife Department may require reasonable constraints on the time and/or method

of forest practice operations, when, in the opinion of the Department, such constraints are

necessary to protect listed species consistent with the Federal Endangered Species Act. Forest

practices shall be conducted in accordance with such requirements.

(Amended 03/23/23, Certified 03/28/23, Resolution 2023-207)

(b) Forest practices within one half (1/2) mile of a known nest for one of the following species, or

a bald eagle winter roost, shall only be conducted in accordance with a protection plan approved

by the Fish & Wildlife Department. The protection plan shall be based on site specific

circumstances of individual nest or roost sites, and will typically include specific limitations on

harvest and road construction within 1/8 mile of the nest or roost, and seasonal restrictions on

operations within ½ mile, as needed to protect the integrity and function of the nest or roost site:

(1) bald eagle;

(2) golden eagle;

(3) peregrine falcon;

(4) osprey;

(5) great blue heron.

natural salt licks.

(d) Known Canada Lynx habitat within CTCR managed lands can be found within the Kettle,

Okanogan, Wedge, and Vulcan-Swan Lynx Management Zones (LMZs) and will be managed for

the appropriate ratios as follows: >30% forage, >30% travel cover/corridor. >10% of denning

cover, and the remaining shall not exceed 30% of non-lynx habitat.

(Amended 03/23/23, Certified 03/28/23, Resolution 2023-207)

4-7-85 Threatened and Endangered Plants

When forest practices are proposed on or around sites containing occurrences of federally listed

threatened or endangered plants, the Department may require measures for their protection or

enhancement. Such forest practices shall only be conducted in accordance with a protection plan

approved by the Tribal Vegetation Specialist/Ecologist.

4-7-86 Forest Chemicals

(a) Chemicals shall be applied only when soil and climatic conditions favor accurate delivery,

infiltration and adsorption. Avoid wet soils or soils with high water table to minimize potential for

contamination of surface or ground waters.

(b) Chemicals shall be applied only in accordance with all limitations and instructions:

(1) Printed on the Environmental Protection Agency container registration label, and

(March 2023)

(2) Established by the Federal Occupational Safety and Health Administration, as they

relate to safety and health of operating personnel and the public.

of regular access at least five (5) days prior to treatment. Posting shall remain at least fifteen (15)

days after the spraying is complete. Extended posting periods may be required by the Department

in areas where human use or consumption of plant materials is probable. The landowner shall be

responsible to maintain signs during the required posting periods. Signs shall be made of suitably

durable material and contain the name of the product used, identify what was treated, date of

treatment, a contact name and telephone number, and any applicable restrictions. The requirement

to post signs shall not apply to roadside spraying.

(d) The operator shall be required to hold a Washington State applicator or public operator

certificate when applying restricted use pesticides.

(e) The operator shall comply with requirements of the Federal Insecticide, Fungicide, and

Rodenticide Act pertaining to the handling and application of pesticides.

(f) During application, the operator shall keep a copy of the pesticide label on site.

(g) Daily Records

(1) Certified applicators and all persons applying pesticides to forest lands including

public entities engaged in roadside spraying shall keep records for each application which

shall include the following:

(A) The name and address of the person for whom the pesticide was applied.

(B) The address or exact location of the land where the pesticide was applied.

(D) The product name used on the registered label and the United States

Environmental Protection Agency registration number, if applicable, of the

pesticide which was applied.

(E) The direction from which the wind is blowing and estimated velocity of the

wind in miles per hour (mph) and the temperature in degrees Fahrenheit at the

time the pesticide was applied:

(F) The total amount of pesticide applied such as pounds, gallons, ounces, etc.

(G) The amount of pesticide applied per acre or other appropriate measure.

(H) The concentration of pesticide that was applied. Liquid applications may be

recorded as amount of product per one hundred gallons of liquid spray or other

appropriate measure.(I) Specific target to which pesticide was applied.

(J) Apparatus license plate number.

(K) The licensed applicator's name, certified pesticide applicator license

number, address, telephone number, and the name and license number(s) if

applicable of the individual or individuals making the application.

(L) The number of acres or other appropriate measure to which the pesticide was

applied.

(March 2023)

(2) Application records shall be completed and available to the Department within seven

(7) days following the application of pesticide.

(3) Application records shall be kept for a period of seven years from the date of the

application of the pesticide to which such records refer. The Department shall, upon

request in writing, be furnished with a copy of such records forthwith by the applicator.

(Amended 6/7/05, Resolution 2005-326) (Certified 7/12/05)

4-7-87 Chemical Handling—Storage--Application

(a) Leakage:

(1) No contamination of water or soil by chemicals is permitted from any equipment used

for their transportation, storage, mixing or application.

(2) The Department may suspend further use of any equipment responsible for

contamination, until the deficiency has been corrected to the satisfaction of the

Department.

(b) Mixing: When water is used in mixing of chemicals:

(1) Provide an air gap or reservoir between the water source and the mixing tank.

(2) Use uncontaminated pumps, hoses and screens.

(1) Mix, store, and load chemicals and clean tanks and equipment outside of Riparian

Management Zones where any spills would not enter any waters or wetlands.

(2) If any chemical is spilled, immediate appropriate procedures should be taken to

contain or neutralize it.

(d) Aerial Application:

(1) Chemicals shall not be allowed to enter waters, wetlands, or riparian management

zones. To ensure that no entry occurs, additional buffer distances shall be maintained by

the operator as needed, taking into account factors such as nozzle type, height of aircraft,

and wind.

(2) The initial application pass adjacent to the untreated zones in (1) above shall be flown

parallel to the untreated zones unless otherwise approved by the Department.

(3) A bucket or spray device capable of immediate shutoff shall be used.

(4) Shut off application during turns and over open water.

(5) The landowner shall identify for the operator the units to be sprayed and any

untreated areas within the units with appropriately marked aerial photos or detailed maps.

Before application begins, an over-flight of the area shall be made. Waters, wetlands,

riparian management zones and treatment zone boundaries must be clearly visible from

the air, or additional marking shall be required to determine any no spray areas.

(6) Because aerial application of chemicals is the least discriminate method available,

hand application or ground application with power equipment should be evaluated and

utilized in whole or in part to the extent feasible.

(March 2023)

(7) Aerial application shall not be conducted when wind conditions will cause drifting

into the Riparian Management Zone and other waters or wetlands or where such drifting

may damage Reservation resources, harm the health, safety or welfare of the Reservation

population, or drift to lands other than those included within the Forest Practices

application.

(8) All access entry points on roads or developed trails shall be posted "No entry-Chemical Spraying Operation" and blocked during the period of aerial application of

restricted use chemicals.

(e) Ground-based Application with Power Equipment:

(1) Within Riparian Management Zones, power equipment shall not be used for mist

applications of chemicals, and application shall be onto specific targets only.

(2) Keep chemicals out of all waters and wetlands.

(f) Hand Application:

(1) Within Riparian Management Zones, apply chemical only onto specific targets.

(2) Keep chemicals out of all water and wetlands.

(g) Container Disposal: Chemical containers shall be either:

(1) Removed and cleaned for reuse in accordance with any applicable label requirements,

regulations of the State Department of Agriculture or the state or local health

departments, or

(2) Disposed of in a landfill certified to receive such materials and in a manner approved

on the label and by the State Department of Agriculture.

(h) Reporting of Spills and Misapplications: All potentially damaging chemical spills and

misapplications shall be immediately reported to the Department and to the Colville Emergency

Services Department. This report shall contain notification of the volume spilled or leaked, the

type(s) of chemical(s), the location of the spill, distance from the spill to the nearest water, and

when the spill occurred.

(Amended 6/7/05, Resolution 2005-326) (Certified 7/12/05)

4-7-88 Fire Control Policy

It is the policy of the Department and Fire Management to require all reasonable

precautions be taken during forest practices to prevent wildfires or minimize the severity

of wildfires.

(Amended 03/23/23, Certified 03/28/23, Resolution 2023-207)

(Amended 6/7/05, Resolution 2005-326) (Certified 7/12/05)

4-7-89 Fire Plan

When requested by the Department or Fire Management, the Operator shall prepare, in

cooperation with the Department or Fire Management, a plan for the prevention and suppression

of fires on the area encompassed by the forest practice. The plan shall fully reflect the Operator's

fire protection obligations. Neither the approval of the plan nor anything contained therein shall

relieve the Operator from any responsibility under the terms of any contract.

(March 2023)

(Amended 03/23/23, Certified 03/28/23, Resolution 2023-207)

4-7-90 Fire Precaution

The Operator shall furnish and maintain in good and serviceable condition such firefighting

tools and equipment, provide such fire protection personnel and take such fire prevention

measures as may be required by the Department or Fire Management to meet the fire

protection requirements for the existing fire danger.

(a) Definitions Concerning Fire Tools and Equipment:

(1) “An operation” means the use of equipment and supporting activities that are

involved in the process of the management of forest land that may cause a forest fire to

start. Such activities may include, but are not limited to, any phase of logging, land

clearing, road and utility right-of-way clearing. The operating period shall be that time

period when the activity is taking place.

(2) “Currently with the logging” and “current with the felling of live timber” or “current

with logging operation” means during the logging operation on any landing, setting or

similar part of the operation unless modified.

(3) “Fire extinguisher” means, unless otherwise stated, a chemical fire extinguisher rated

by Underwriters' Laboratories or Factory Mutual, appropriately mounted and located so

as to be readily accessible to the operator. When two fire extinguishers are required, they

are to be appropriately mounted, and located so that one is readily accessible to other

personnel.

(4) “Any tractor or mobile machine” means any machine that moves under its own power

when performing any portion of a logging, land clearing, right-of-way clearing, road

construction or road maintenance function, and includes any machine, whether crawler or

wheel type, whether such machine be engaged in yarding or loading or in some other

function at the time of its inspection by the Department.

(5) “Any fixed position machine” means any machine used for any portion of a logging,

earth moving, right-of-way clearing, milling, road maintenance and construction, land

clearing operation or other operation that performs its primary function from a fixed

position even though said machine is capable of moving under its own power to a

different, fixed position.

(6) “An approved exhaust system” means a well-mounted exhaust system, free from

leaks and equipped with a spark arrester rated and accepted under U.S.D.A. Forest

Service Current Standard, and shall include:

(A) An exhaust-driven supercharger, such as a turbo-charger, is acceptable in

lieu of a spark arrester. The entire exhaust must pass through the turbine.

(B) Passenger vehicles and trucks may be equipped with an adequately baffled

muffler of a type approved by the Department in lieu of a spark arrester.

land must meet the performance levels set forth in the Society of Automotive

Engineers “multipositioned small engine exhaust fire ignition standard, SAE

recommended practice J 335B.” Requirements to obtain SAE J 335B

specifications are as follows:

(i) The spark arrester shall be designed to retain or destroy ninety

(March 2023)

percent (90%) of the carbon particles having a major diameter greater

than 0.023 inches (0.584 mm).

(ii) The exhaust system shall be designed so that the exposed surface

temperature shall not exceed 550º F (288º C) where it may come in

direct contact with forest fuels.

(iii) The exhaust system shall be designed so that the exhaust gas

temperature shall not exceed 475º F (246º C) where the exhaust gas

may strike forest fuels.

(iv) The exhaust system shall be designed in such a manner that there

are no pockets or corners where flammable material might accumulate.

Pockets are permissible only if it can be substantiated by suitable test

that material can be prevented from accumulating in the pockets.

(v) The exhaust system must be constructed of durable material and so

designed that it will, with normal use and maintenance, provide a

reasonable service life. Parts designed for easy replacement as part of

routine maintenance shall have a service life of not less than fifty (50)

hours. Cleaning of parts shall not be required more frequently than

once for each eight (8) hours of operation. The spark arrester shall be

designed so that it may be readily inspected and cleaned.

(vi) Portable power saws will be deemed to be in compliance with the

Society of Automotive Engineers J 335B requirements if they are

certified by the United States Department of Agriculture, Forest

Service, San Dimas Equipment Development Center.

(D) Portable power saws purchased prior to January 1, 1978 that do not meet the

Society of Automotive Engineers Standards must meet the following

requirements:

(i) The escape outlet of the spark arrester shall be at an angle of at least

forty-five degrees (45º) from a line parallel to the bar.

(ii) The configuration of the spark arrester shall be such that it will not

collect sawdust, no matter in what position the saw is operated.

(iii) Spark arresters shall be designated and made of material that will

not allow shell or exhaust temperature to exceed 850º F.

(iv) The arrester shall have a screen with a maximum opening size of

0.023 inch.

(v) The arrester shall be capable of operating, under normal conditions,

a minimum of eight (8) hours before cleaning is needed.

(vi) The screen shall carry a manufacturer's warranty of a minimum 50hour life when installed and maintained in accordance with the

manufacturer's recommendations.

(vii) The arrester shall be of good manufacturer and made so that the

arrester housing and screen are close fitting.

(viii) The arrester shall be at least ninety (90%) percent efficient in the

(March 2023)

destruction, retention or attrition of carbon particles over 0.023 inch.

(ix) Efficiency to be measured as described in Power Saw

Manufacturers Association Standard Number S3-65.

(x) Construction of the arrester shall permit easy removal and

replacement of the screen for field inspection and cleaning.

(7) “Shovel” means a serviceable long-handled or “D” handled round point shove of at

least “0” size with a sharpened, solid and smooth blade, and the handle shall be hung

solid, smooth and straight.

(8) “Axe” means a serviceable, double-bitted or single-bitted swamping axe of at least a

three

pound head and thirty-two (32) inch handle. The blades shall be sharpened, solid and

smooth and the handle shall be hung solid, smooth and straight.

(9) “Pulaski” means a serviceable axe and hoe combination tool with not less than 3-1/2

pound head and thirty-two (32) inch handle. The blades shall be sharpened, solid and

smooth and the handle shall be hung solid, smooth and straight.

(10) “Adze eye hoe” means a serviceable fire fighting hoe with a blade width of at least

5-3/4 inches and a rectangular eye. The blade shall be sharpened, solid and smooth, and

the handle shall be hung solid with no more than 3/4 inch or less than 1/8 inch extending

beyond the head, smooth, aligned, and at least thirty-two (32) inches long.

(11) “Fire tool box” means a box or compartment of sound construction, with a

waterproof lid, provided with hinges and hasps, and so arranged that the box can be

properly sealed. It shall be red in color and marked “Fire Tools” in letters at least an inch

high. It shall contain a minimum of:

(A) Two axes or Pulaskis;

(B) Three adze eye hoes, providing that one Pulaski may be substituted for on

adze eye hoe; and

(12) “Pump truck or pump trailer” means a serviceable truck or trailer that must be able

to perform its functions efficiently, equipped with a water tank of not less than three

hundred (300) gallon capacity, filled with water. The complete pump truck or pump

trailer shall be kept ready for instant use for suppressing forest fires. If a trailer is used, it

shall be equipped with a hitch to facilitate prompt moving, and a serviceable tow vehicle

must be available throughout the operating and watchman periods. The pump may be a

portable power pump or a suitable power take-off pump. It shall be plumbed with a

bypass or pressure relief valve. The pump shall develop, at pump level, pressure

sufficient to discharge a minimum of twenty (20) gallons per minute, using a ¼ inch

nozzle tip, through a fifty (50) foot length of one inch or 1-½ inch rubber lined hose. The

pump truck or trailer shall be equipped with the following:

(A) A minimum of five hundred (500) feet of one or 1-½ inch cotton or

synthetic jacket hose;

(B) A fire tool box.

The tank shall be plumbed so that water can be withdrawn by one man by gravity feed.

(March 2023)

This outlet shall be adapted to accept the hose used and located for easy fitting of pump

cans. The pump truck or trailer must be equipped with appropriate tools, fuel,

accessories, and fittings to perform its functions for a continuous period of four (4) hours.

A recommended list of tools, fittings, and accessories may be obtained from the

Department or Fire Management office.

(13) “Fire watch” means an employee(s) who is on site, vigilant, capable and who

performs the following described actions for one hour following each time a powerdriven, spark-emitting or electric motor ceases operations for the day or any part thereof;

moving through areas of the day's activities, constantly looking for and reporting fires,

and taking suppression action on any fire detected; and after each cable line road change,

an employee in conjunction with his regular duties, shall check line locations and report

friction points to the operator or other user.

(Amended 03/23/23, Certified 03/28/23, Resolution 2023-207)

(Amended 6/7/05, Resolution 2005-326) (Certified 7/12/05)

(14) “Loading site” means a place where any product or material (including but not

limited to logs, firewood, slash, rock, poles) is placed in or upon a truck or other vehicle.

(b) Fire Protection Equipment: The following tools and equipment are required on all forest

practice operations on the Reservation during the “closed” fire season which is from May 1 to

November 1, or as amended by the responsible Fire Management official:

(1) At each logging or forest road construction operation there shall be:

(A) One pump truck or pump trailer;

(2) Any tractor or other mobile machine shall have:

(A) One fire extinguisher of at least a 5 B.C. rating;

(B) An approved exhaust system; and

(3) Any fixed position machine shall have:

(A) Two fire extinguishers of at least 5 B.C. rating;

(B) An approved exhaust system; and

(4) Any portable power saw shall have:

(A) One fire extinguisher of at least 1 B.C. rating;

(B) An approved exhaust system; and

which shall be kept within two minutes round trip of the operator.

(5) Any passenger vehicle used for industrial or commercial operations shall have:

(A) One fire extinguisher of at least a 5 B.C. rating;

(March 2023)

(B) An approved exhaust system; and

(6) Each tail, corner, or haulback block used during cable yarding shall be equipped with

one serviceable five gallon backpack pump can filled with water, one shovel and one

Pulaski. Operations with multiple blocks must have this complement of tools and water

within one hundred feet of each block.

(7) Each helicopter used for yarding timber shall comply and be equipped with the

following:

(A) A VHF radio, maintained in operational use, at frequency 122.9 MHz;

(B) A portable water bucket of the following capacities, with necessary cargo

hooks and tripping mechanism for dropping water on a fire, shall be located at

the heliport serving the operation;

External Payload

of Helicopter

Minimum Required

Bucket Size

780 pounds or less

781 – 1600 pounds

1601 – 3900 pounds

3901 or more

50 gallons

100 gallons

200 gallons

300 gallons

to be filled three times without refilling the source. The water source must be

located within five minutes round-trip flying time of every part of the operation.

(D) The following sized fire tool kit packaged for ready attachment to the cargo

hook and located at the heliport serving the operation:

(i) Two axes or pulaskis;

(ii) Three shovels;

(iii) Three adze eye hoes.

(E) Two fire extinguishers of at least 20 B.C. rating shall be kept with refueling

equipment. They shall be appropriately mounted, suitably marked and available

for immediate use.

(A) When blasting operations are conducted, a fire watch is required at the completion of

blasting;

(B) During cable yarding operations:

(i) The operator shall be responsible to identify points of line rub, and shall take

immediate action to stop, alleviate or control the line rub in order to prevent

fires at these points.

(ii) The area around tail, corner and haul back blocks must be kept clean of all

flammable woody debris under four inches in diameter for a distance of six feet

(March 2023)

in all directions.

free of flammable material;

(D) Warming fires are not permitted.

(d) Industrial Fire Precaution Levels

(1) Level One - Closed season: Fire protection equipment requirements are in effect. A

fire watch is required at this and all higher precaution levels unless otherwise waived by

Fire Management.

(Amended 6/7/05, Resolution 2005-326) (Certified 7/12/05)

(2) Level Two - Partial Hoot Owl: The following may operate only between the hours of

8:00 PM and 1:00 PM local time.

(A) Power saws except at loading sites and landings;

(B) Cable yarding;

(D) Welding or cutting of metal.

(3) Level Three- Partial Shutdown:

(A) The following are prohibited except as indicated:

(i) Cable yarding, except that gravity operated logging systems

employing non-motorized carriages may operate between 8:00 PM and

1:00 PM when all blocks and moving lines are suspended 10 feet above

the ground except the lines between the carriage and the chokers.

(ii) Power saws, except power saws may be used at loading sites and on

tractor or skidding operations between the hours of 8:00 PM and 1:00

PM local time.

(B) The following are permitted to operate between the hours of 8:00 PM and

1:00 PM:

(i) Tractor, skidder, feller-buncher, forwarder, shovel or excavator

operations where the equipment in use is capable of quickly reaching

and effectively attacking a fire start, and constructing fireline;

(ii) Mechanized loading or hauling of any product or material;

(iii) Blasting;

(iv) Welding or cutting of metal;

(v) Any other spark emitting operation not specifically mentioned.

(4) Level Four - General Shutdown: All operations are prohibited.

(5) Where hauling involves transit through more than one shutdown zone/regulated use

(March 2023)

area, the precaution level at the woods loading site shall govern the level of haul

restrictions, unless otherwise prohibited by other than the industrial fire precaution level

system.

(6) Waivers amending the precaution requirements for specific operations and locations

may be issued by the Department or Fire Management. Requests for waivers shall be

received and waivers issued in advance of operations.

4-7-91

Fire Suppression

The operator shall take immediate and independent initial fire suppression action on all fires in the

area encompassed by the forest practice and shall use all necessary manpower and equipment at

his disposal, including the employees and equipment of his subcontractors engaged in or near the

area. When called upon, the operator shall make available any or all of his manpower and

equipment, including that of his subcontractors, for hire by the Bureau of Indian Affairs and to

work under the direction of any authorized employees of the Bureau of Indian Affairs in the

suppression of any fire on or threatening Reservation lands.

(Chapter 4-7 Amended 6/16/05, Resolution 2005-275)

(Chapter 4-7 Adopted 1/18/85, Resolution 1985-20)

Legislative History: Pursuant to Resolution 2005-486, the Colville Business Council has stayed

the 2005 amendments to Chapter 4-7, Forest Practices Water Quality, which were adopted by

Resolution 2005-272 on June 16, 2005 with technical corrections approved by Resolution 2005276 on July 16, 2005 until October 1, 2006. All forest practices applications submitted prior to the

June 16, 2005 effective date shall be processed in accordance with Chapter 4-7 as adopted by

Resolution 1985-20 on January 18, 1985 and Resolution 2005-148 on March 17, 2005. Resolution

2005-148 transferred administration of Chapter 4-7 from Tribal Forestry to the Environmental

Trust Department. The October 2005 version of Chapter 4-7 shall reflect administration to

Environmental Trust Department. This October 2005 version of Chapter 4-7 shall remain in effect

until October 1, 2006. On November 5, 2015 Resolution 2015-668 transferred approving and

enforcement authority to the Natural Resource Program, with the Natural Resource Director as the

approving official. On March 23, 2023 Resolution 2023-207 updated this Code to include

additional harvest methods and permit flexibility going forward for emerging technologies.

(March 2023)

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.