TRIBAL FOREST MANAGEMENT ORDINANCE (2023)

TRIBAL FOREST MANAGEMENT ORDINANCE

Siletz Tribal Code § 7.100

§ 7.100

SHORT TITLE ..............................................................................................................2

§ 7.101

JURISDICTION ............................................................................................................2

§ 7.102

DEFINITIONS ..............................................................................................................2

§ 7.103

SCOPE AND OBJECTIVES.........................................................................................4

§ 7.104

FOREST LAND CLASSIFICATIONS ........................................................................5

§ 7.105

TRIBAL FOREST PLANNING PROCESS .................................................................6

§ 7.106

TRIBAL FOREST MANAGEMENT PLAN................................................................7

§ 7.107

FOREST MANAGEMENT AND COMMERCIAL OPERATIONS ...........................8

§ 7.108

NON-COMMERCIAL USE AND/OR HARVEST OF MINOR FOREST

PRODUCTS.....................................................................................................................................9

§ 7.109

FOREST PRACTICES REGULATIONS .....................................................................9

§ 7.110

MONITORING OF FOREST RESOURCES .............................................................10

§ 7.111

ADMINISTRATIVE APPEALS OF TRIBAL FORESTER DECISIONS ................11

§ 7.112

APPLICABLE LAW ...................................................................................................12

§ 7.113

TRIBAL COURT JURISDICTION ............................................................................12

§ 7.114

CONCURRENT JURISDICTION OVER FOREST TRESPASS ..............................12

§ 7.115

TRIBAL PROSECUTION ..........................................................................................12

§ 7.116

NO DIMINISHMENT OF TRIBAL AUTHORITY ...................................................13

TRIBAL FOREST MANAGEMENT ORDINANCE

Siletz Tribal Code § 7.100

Ordinance No. 7.100. Amended by

Resolution No. 2005-361, dated September 16, 2005;

Resolution No. 2023-111, dated March 16, 2023.

Original Date: December 16, 2000,

Subject: Tribal Forest Management

TRIBAL FOREST MANAGEMENT ORDINANCE

Siletz Tribal Code § 7.100

PART I GENERAL INFORMATION

§ 7.100

SHORT TITLE

This Ordinance shall be called the Confederated Tribes of Siletz Indians’ Tribal Forest

Management Ordinance (“TFMO”).

§ 7.101

JURISDICTION

The Tribal Council and its delegates have authority to enact and enforce this ordinance

with regard to all operations and persons, whether residing, conducting business, or engaging in

any other activities with the Tribe or upon the Tribe’s lands and shall exercise this authority to

the full extent permissible under tribal and federal law.

§ 7.102

DEFINITIONS

The following definitions apply:

“Allotee” means an individual, group of individuals, or entity who holds an ownership

interest in Private Trust land.

“Authorized Representative” means an individual or entity duly empowered to make

decisions under a direct, clear, and specific delegation of authority.

“Commercial Forest Land” means land that is considered chiefly valuable for the

production of forest products or to maintain watershed or other land values enhanced by a forest

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Siletz Tribal Code § 7.100

cover and that is producing or capable of producing crops of marketable forest products, and is

administratively available for intensive management and sustained production.

“Director” means the Director of the Natural Resources Department.

“Forest” or “Forest Land” means at least one acre of land which is: characterized by a

more or less dense and extensive tree cover, or which contains, or once contained, at least ten

percent tree crown cover; and is neither planned, nor developed, for exclusive non-forest

resource use.

“Forest Management Plan” refers to that principal document, approved by the Tribal

Council and by the Secretary of Interior, which regulates operations on tribal forest land.

“Forest Products” is an inclusive term which means all marketable items extracted from

Tribal forests, including timber; timber products, including lumber, lath, crating, ties, bolts, logs,

pulpwood, fuelwood, posts, poles, and split products; bark; ferns, flowers, rushes, Christmas

trees, greenery, boughs, stays, branches, firewood, berries, mosses, nuts, roots, acorns,

mushrooms, and herbs; other marketable material; and gravel which is extracted from, or utilized

on, Tribal forest land.

“Forest Resources” means all the benefits derived from Tribal forest land, including

forest products, soil productivity, water, fisheries, wildlife, recreation, and aesthetic, religious,

cultural, or other traditional Indian values.

“Forest Trespass” means the removal or damage of forest products from tribal forest

land except when authorized by law and in compliance with applicable federal and tribal

regulations. Trespass can include any damage to forest resources on Tribal forest land resulting

from activities under contracts or permits or from fire.

“Minor Forest Products” means those forest products that have a relatively low

economic value and when harvested and removed will not conflict with the sale of harvestable

timber or the future growing stock of timber; the term includes, but is not limited to: bark; ferns,

flowers, rushes, Christmas trees, greenery, boughs, stays, branches, firewood, berries, mosses,

nuts, roots, acorns, mushrooms, and herbs.

“Natural Resources Committee” means the advisory group established in Ordinance

No. 2.500, Section 2.501, Confederated Tribes of Siletz Indians Standing Committee Ordinance.

“Private Trust Land” means land held in trust by the United States for an individual

tribal member, or group of individual tribal members, which is subject to any restriction against

alienation.

“Secretary” means the Secretary of the Interior or the Secretary’s authorized

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Siletz Tribal Code § 7.100

representative.

“Stumpage Rate” means the stumpage value per unit of measure for a forest product.

“Stumpage Value” means the value of an uncut tree as it stands in the woods prior to

extraction from Tribal forest land.

“Sustained Yield” means the achievement and maintenance in perpetuity of a high-level

annual or regular periodic output of the various renewable resources of the tribal forest lands

without impairment of the productivity of the land.

“Tribal Enterprise” means any commercial undertaking so designated by the Tribal

Council, or an economic development enterprise so designated by Tribal Council.

“Tribal Forest Land” is an inclusive term which includes all tribal land which is, or

may be, enhanced by a forest cover, and which may produce forest products, maintain watershed,

or other land values.

“Tribal Land” includes land, title which is held by the United States in trust for the

Confederated Tribes of Siletz Indians; lands of any tribal member or group of tribal members

which is subject to a restriction by the United States against alienation; and to any land owned by

the Confederated Tribes of Siletz Indians.

“Tribal Officer” means an individual or entity duly empowered by the Confederated

Tribes of Siletz Indians Tribal Council through this ordinance, resolution, or by other authorized

means.

“Urban Interface Lands” means tribal land which Tribal Council requires the Tribal

Forester to manage, whether for general forest purposes or for fire protection, whether or not the

lands qualify as “forest lands.”

PART II FOREST RESOURCE MANAGEMENT

§ 7.103

SCOPE AND OBJECTIVES

(a)

The Tribal Forester shall manage the tribal forest lands in a manner calculated to

achieve the following objectives:

(1)

Development, maintenance and enhancement of tribal forest lands in a

perpetually productive state in accordance with the principles of sustained

yield, providing effective management and protection through the

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Siletz Tribal Code § 7.100

application of sound silvicultural, economic and ecological principles to the

harvesting of forest products, reforestation, timber stand improvement and

other forestry practices.

§ 7.104

(2)

Regulate tribal forest lands through development and implementation of

forest management plans supported by written tribal objectives, developed

with full, active consultation and participation of the tribal membership and

the approval of Tribal Council.

(3)

Ensure the use of best management practices by development and

enforcement of the Tribal Forest Practices Regulations authorized by STC

§ 7.109 herein.

(4)

Development of forest lands and associated industries to promote tribal and

community self-sufficiency.

(5)

Planning for, and modulating the intensity of management of tribal forest

lands in a manner consistent with their designation by Tribal Council under

STC § 7.104.

(6)

Regulate water run-off and minimize soil erosion; and

(7)

Maintain and improve cultural and other traditional values, timber

productivity, wildlife habitat, fisheries, recreation, and aesthetic values.

FOREST LAND CLASSIFICATIONS

(a)

The Tribal Council shall, by resolution, classify distinct types of tribal lands as

necessary to achieve the purposes described in STC § 7.103, and the Tribe’s purposes in enacting

the Tribal Land Use Ordinance:

(1)

(b)

The Tribal Forester shall periodically inventory the Tribe’s forest lands and

recommend classifications to Tribal Council.

The classifications of tribal forest lands include:

(1)

Commercial Forest Lands:

(A)

Commercial Forest Lands shall be actively managed as healthy,

productive, and sustainable forest lands which provide sustainable

timber harvest and revenues to the Tribe.

(B)

Management of Commercial Forest Lands shall provide for limited

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multiple use, which, as used herein includes only:

(i)

timber production;

(ii)

watershed values; and

(iii)

noncommercial uses important to tribal members, including

hunting, fishing, gathering, and providing tribal member

personal use forest products, with the proper permits, as

further described in STC § 7.113 and the Tribal Forest

Practices Regulations.

(2)

Private Trust Lands: These lands shall be managed by the Tribal Forester in

accordance with this ordinance, accompanying regulations, and the

National Indian Forest Resources Management Act, 25 U.S.C. 3101 et seq.,

and federal regulations, 25 U.S.C. 163 et seq.

(3)

Urban Interface Lands: These lands shall be managed by the Tribal

Forester for fire protection or as directed by the Tribal Council.

(c)

At the time of acquisition, Tribal Council shall classify newly acquired or

administered lands or interests in lands for their highest potential or for the purposes for which

they are acquired, and in accordance with any tribal or federal requirements.

§ 7.105

TRIBAL FOREST PLANNING PROCESS

(a)

The Tribal Forest Management Plan shall be based on the planning process

outlined herein.

(1)

Tribal Council shall prepare written objectives, in consultation with tribal

Natural Resources staff, outlining the Tribe’s priorities regarding forest

product yield on tribal forest lands.

(2)

Upon recommendation of the Tribal Forester, Tribal Council shall review

and classify any lands that have not yet been classified pursuant to STC §

7.104 herein; provided, that all or any portion of the tribal forest lands may

be retained in their natural state if the cultural, traditional, religious,

recreational, ecological, and/or aesthetic values thereon are found by the

Tribal Council to outweigh the benefits of harvesting, whether or not the

Tribal Council formally classifies or amends the classification of the

particular forest lands.

(3)

Upon Tribal Council action under this section, the Tribal Forester shall

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Siletz Tribal Code § 7.100

prepare the plan governing the management of all forest lands belonging to

the Tribe, as described in STC § 7.106.

§ 7.106

(4)

The processes required under the National Environmental Policy Act

(NEPA); any Tribal Environmental Policy Ordinance (TEPO); the

Endangered Species Act (ESA); and any Tribal Endangered Species

Ordinance (TESO) shall commence and continue as required by federal

and/or tribal law throughout the forest planning process.

(5)

As required by federal law, the Director shall provide the completed Forest

Management Plan to the Bureau of Indian Affairs for approval.

TRIBAL FOREST MANAGEMENT PLAN

(a)

The Tribal Forester shall prepare a plan governing the management of all forest

lands belonging to the Tribe. The Plan shall include and incorporate Tribal Council’s list

outlining the Tribe’s priorities regarding forest product yield on tribal forest lands and the

classifications of forest lands adopted by Tribal Council pursuant to this ordinance.

(b)

The Plan shall be designed to achieve the objectives outlined in this Ordinance

under §7.103.

(c)

The Plan may include, but is not limited to, planning for the following forest land

management activities:

(1)

Development and maintenance of necessary databases and program reports.

(2)

Gathering data for future forest inventory and management plans, including

aerial photography, mapping, field management inventories and reinventories, inventory analysis, growth studies, allowable annual cut

calculations, environmental assessment, and forest history, consistent with

and reflective of tribal integrated resource management plans where such

plans exist.

(3)

Forest land development, including forestation, thinning, tree improvement

activities, and the use of silvicultural treatments to restore or increase

growth and yield to the full productive capacity of the forest environment.

(4)

Protection against losses from wildfire, including acquisition and

maintenance of firefighting equipment and fire detection systems,

construction of fire breaks, hazard reduction, prescribed burning, and the

development of cooperative wildfire management agreements and/or

contracts for forest fire protection and control.

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§ 7.107

(5)

Protection against insects and disease, including all aspects of detection and

evaluation;

(6)

Improvement and maintenance of extended season primary and secondary

forest land road systems.

(7)

Identification of research activities needed to improve the basis for

determining appropriate management measures to apply to forest land.

FOREST MANAGEMENT AND COMMERCIAL OPERATIONS

(a)

The Tribal Forester shall develop plans for the harvest of forest products

according to principles of sustained yield management, subject to Tribal Council and Secretarial

approvals. The Tribal Forester shall include a long-term schedule for the harvest of forest

products from tribal forest land within the Forest Management Plan, which shall be updated

annually and shall support the Tribe’s objectives under STC § 7.103.

(b)

For all sales of forest products which require a Timber Sale Contract under Tribal

or federal law, the Tribal Forester shall prepare a Timber Sale Report that prescribes practical

methods of harvest based on sound economic and silvicultural principles.

(c)

The Tribal Forester shall submit the timber sale report to Tribal Council and the

Secretary or the Secretary’s designate.

(d)

A timber sale report may include, but is not limited to:

(1)

Location and description of the area to be harvested;

(2)

Logging method to be employed;

(3)

Silvicultural method and goals;

(4)

An explanation of the relationship between the harvest and the approved

Tribal Forest Management Plan;

(5)

Other land use values considered;

(6)

Information on archeological, environmental, other reviews and

consultations and clearances;

(7)

A discussion of access issues;

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Siletz Tribal Code § 7.100

(8)

Cruise method and results;

(9)

Proposed form of contract;

(10) Proposed advertisement and prospectus;

(11) Stumpage appraisal; and

(12) Comparable sales analysis.

(e)

Where Tribal or federal law do not require the use of a Timber Sale Contract, the

Tribal Forester shall prepare an abbreviated report describing the location, quantity, quality, and

value of the forest products to be sold, along with the proposed form of Paid Permit.

(f)

Based on the timber sale report and on applicable tribal and federal laws, the

Tribal Forester shall prepare operator contracts which will implement tribal objectives for the

specific timber sale.

(g)

Commercial operations and all operators on tribal forest lands must comply with

the Forest Management Plan, this Ordinance, the Tribal Forest Practices Regulations authorized

herein, and all other applicable tribal and federal laws and contracts.

(h)

By entering into contracts with the Tribe, such commercial operations and

operators voluntarily subject themselves to the jurisdiction of the Siletz Tribal Court for all

purposes related to implementation of this ordinance.

§ 7.108

NON-COMMERCIAL USE AND/OR HARVEST OF MINOR FOREST

PRODUCTS

(a)

Tribal forest lands are valuable to tribal members for their minor forest products,

and, to the extent feasible, the Tribal Forester shall manage tribal forest lands to protect and

enhance those values.

(b)

Any person using or harvesting minor forest products on tribal forest lands shall

comply with this Ordinance and the regulations it authorizes, the terms of any Permit, and all

other applicable tribal and federal laws, including the Tribe=s Hunting, Fishing and Gathering

Ordinance, STC §7.001, and Timber Use Permits Ordinance, STC §7.300.

§ 7.109

FOREST PRACTICES REGULATIONS

(a)

The Tribal Forester shall develop regulations establishing standards for forest

practices on tribal forest lands, subject to Tribal Council approval. The regulations shall assure

the continuous growing and sustained harvesting of forest tree species where feasible and cost

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Siletz Tribal Code § 7.100

effective. The regulations shall not set standards below those necessary to meet the minimum

objectives established in this Ordinance and the Tribal Forester may impose standards affording

a higher degree of protection to the tribal forest lands than those found in this Ordinance.

(b)

If, at any time, the Tribal Forester finds that the standards set in this Ordinance

and accompanying regulations do not accomplish the goals and policy of this Ordinance, the

Tribal Forester may, subject to Tribal Council approval, adopt rules related to specific forestry

practices which establish standards in excess of those found in this Ordinance.

(c)

resources:

§ 7.110

The regulations shall provide for the overall maintenance of the following forest

(1)

Timber production;

(2)

Minor Forest Products uses;

(3)

Air quality;

(4)

Water resources, including but not limited to water quality and sources of

domestic drinking water;

(5)

Riparian areas, which means the ground along a tribal water resource

where the vegetation and microclimate are influenced by year-round or

seasonal water, associated high water tables, and soils which exhibit some

wetness characteristics;

(6)

Soil productivity;

(7)

Fish and wildlife population and habitat, including any threatened or

endangered species; and

(8)

Cultural, religious, and traditional values.

MONITORING OF FOREST RESOURCES

(a)

The Tribal Forester shall monitor forest resources to determine whether the forest

management practices prescribed under this Ordinance and authorized regulations conflict with

the quality and ongoing productivity of the forest resources.

(b)

This section shall not be interpreted to require any type of study or record-keeping

except at the discretion of the Natural Resources Director and/or Tribal Council or as specifically

required by Siletz tribal or federal law.

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Siletz Tribal Code § 7.100

(c)

The Tribal Forester shall monitor:

(1)

Fish, wildlife, and plant species listed as threatened or endangered by

Federal or Siletz tribal law;

(2)

Fish, wildlife, and plant species not currently listed as threatened or

endangered by Federal or Siletz tribal law, but which the Tribal Forester

determines require monitoring;

(3)

Biological sites that are determined by the Tribal Forester to be

ecologically and scientifically significant;

(4)

Significant wetlands;

(5)

Cultural, religious, historic or traditional sites; and

(6)

Any additional forest resources added by the Tribal Forester after an

appropriate finding.

(d)

The Tribal Forester shall determine whether any forest practices would conflict or

are conflicting with the ongoing maintenance of forest resources, and if a conflict could or does

exist, the Tribal Forester shall report to the Tribal Council on the potential damage to the forest

resources and recommend to the Council an appropriate response for protective action.

(e)

If the Tribal Forester determines that the cumulative effects of forest practices

may create an adverse impact on the ongoing maintenance of any forest resource, the Tribal

Forester shall recommend to Tribal Council such rules as are reasonably necessary to reduce the

adverse impacts below the level at which ongoing maintenance is impaired.

(f)

The Tribal Forester may control method, timing, and extent of harvest when the

Tribal Forester determines such limitations are necessary to achieve the ongoing maintenance of

forest resources.

(g)

Nothing in this section shall be construed to limit the Tribal Forester’s

responsibility to carry out any other requirements of the Tribal Forest Management Ordinance or

the regulations authorized therein.

§ 7.111

ADMINISTRATIVE APPEALS OF TRIBAL FORESTER DECISIONS

Any challenge under this Ordinance or its accompanying regulations shall be through the

Tribal Administrative Procedures Ordinance, except where the challenge is to an action requiring

approval by an approving officer or subordinate official exercising delegated authority from the

Secretary, which challenge shall be exclusively through 25 C.F.R. 163.33.

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PART III

§ 7.112

FOREST TRESPASS, ENFORCEMENT & PROSECUTION

APPLICABLE LAW

Except as set forth below, 25 C.F.R. § 163.29, as amended, shall apply as Tribal

regulations for the enforcement and prosecution of forest trespass.

§ 7.113

TRIBAL COURT JURISDICTION

(a)

The Siletz Tribal Court shall have jurisdiction, concurrent with the federal district

courts, over forest trespass cases. The measure of damages, civil penalties, remedies and

procedures shall be as set forth in 25 C.F.R. § 163.29.

(b)

All other aspects of a tribal forest trespass prosecution shall be as prescribed by

tribal law, including but not limited to the Siletz Tribal Court Rules of Procedure, unless

otherwise prescribed under federal law.

§ 7.114

CONCURRENT JURISDICTION OVER FOREST TRESPASS

The Tribal Council directs the Tribal Forester or the Tribal Forester’s agent to seek

concurrent civil jurisdiction over forest trespass. When the Tribe has acquired formal concurrent

civil jurisdiction over trespass cases, the Tribe’s authorized representatives shall coordinate

prosecution of trespass actions with the Secretary’s authorized representatives, unless the

Secretary has deferred prosecution of forest trespasses to the tribe.

§ 7.115

TRIBAL PROSECUTION

(a)

The Tribal Council may request that the federal government defer to Tribal

prosecutions of tribal forest trespass.

(b)

In deciding whether to make a timely request, Tribal Council shall consider:

(1)

Whether Tribal or Federal officials were most responsible for

investigating the matter.

(2)

Whether tribal resources for prosecution are available.

(3)

Whether Federal officials appear to be moving expeditiously and

diligently to investigate and prosecute the matter.

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(c)

Where the Tribe has not yet received formal concurrent jurisdiction, the Tribal

Forester shall coordinate with the Federal officials as to each trespass and shall review each case

to determine in which forum to recommend bringing an action, and promptly provide a

recommendation to the Federal officials responsible for initiating and prosecuting forest trespass

cases.

(d)

In the event that the Tribe has acquired formal concurrent civil jurisdiction but

does not request that the Federal government defer to tribal prosecution, the federal officials

responsible for initiating and prosecuting such cases may nonetheless file and prosecute the

action in the Siletz Tribal Court, provided that the federal officials meet the qualifications for

admittance to the Siletz Tribal Bar.

§ 7.116

NO DIMINISHMENT OF TRIBAL AUTHORITY

Nothing in this ordinance may be construed to prohibit or in any way diminish the

Tribe’s authority to prosecute individuals under its criminal or civil trespass laws where it has

jurisdiction over those individuals.

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