# ROUND VALLEY INDIAN TRIBES

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Around_valley%3A3cb2489816292c15

## Record

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

## Text

ROUND VALLEY INDIAN TRIBES
A Sovereign Nation of Confederated Tribes

TRIBAL COUNCIL OFFICE
POST OFFICE BOX 448
COVELO, CALIFORNIA 95428
PHONE: 707-983-6126
FAX: 707-983-6128

LOCATION: ON STATE HWY 162
ONE MILE NORTH OF COVELO
IN ROUND VALLEY
TRIBAL TERRITORY SINCE TIME BEGAN

ROUND VALLEY RESERVATION ESTABUSHIED 1856

RESOLUTION NO. RV-2008-05
A RESOLUTION APPROVING THE BURN PERMIT SYSTEM AND
RESOURCE CODES FOR THE ROUND VALLEY Il\1DIAN RESERVATION
WHEREAS, the Round Valley Indian Tribes is the sovereign Tribal Nation of the Indian
Tribes of the Round Valley Indian Reservation, and
WHEREAS, the Round Valley Tribal Council is recognized by the Federal Government
of the United States of America as the governing body for the Indians of the Reser.ration,
and

WHEREAS, Article V, Section 1 of the Constitution of the Round Valley Indian Tribes
authori-2es the Round Valley Tribal C01m.cil to ad!Ilinister all Tribal Business, and
WHEREAS, after due consideration the Round Valley Tribal Council has determined it
would be in the best interest of the Round Valley Indian Tribe to adopt the Burn Permit
form and Tribal Fire Resource Codes for the Round Valley Indian Reservation, and
WHEREAS, the Round Valley Tribal Council approves the Bum Permit Form and
Tribal Fire Resource Codes as requirement element of the Round Valley Fire Prevention
Plan for the Round Valley Indian Reservation, and

WHEREAS, the Round Valley Tribal Council approves the Bum Permit Form and
Tribal Fire Resource Codes for the purpose of carrying out the duties of the tribal fire
prevention technician.
NOW THEREFORE BE IT RESOLVED, that the Round Valley Tribal Council
hereby approves and adopts the Burn Permit Form and Tribal Fire Resource Codes Dated
January 22, 2008 between the Bureau of Indian Affairs Pacific Region Office and the
Round Valley Indian Tribes.

RESOLUTION NO. RV-2008-05
Page i. 9fi .....

BE IT FURTHER RESOLVED, that the President of the Round Valley Tribal Council,
and/or Vice-President in the absence of the President is hereby authorized to execute said
resolution approving and adopting the Burn Permit Form and Tribal Fire Resource Code
for the Round Valley Indian Reservation.
CERTIFICATION
I, the undersigned, as President of the Round Valley Indian Tribes do hereby certify that
this resolution was adopted at a duly called and duly noticed Special Meeting of the
Round Valley Tribal Council at which 1 members were present, constituting a quorum,
held on the 22nd day of January, 2008; and that this resolution was adopted by a vote of:.
For
Against
Abstaining

5
0
0

and that said resolution has not been rescinded or amended in any way.

Permit# I

Round Valley Indian Tribes
P.O. Box448
Covelo, CA 95428
(707) 983-8341

BURN PERMIT
11-IIS PERMIT IS VALID FROM

I

I

••,

TO

.. I

I

--�-

ISSUED BY:

DATE:
PHONE:

PROPERTY OWNER'S FULL NAME:
N

ADDRESS (I CLUDING CITY, STATE, ZIP):
NAME OF PERSON DESIGNATED TO ATTEND FIRE (lF DIFFERENT FROM PERMlTTEE):
Type of burn permit (circle one):
Township:

Range:

traditional

campfire

debris

agriculture
Lat:

Section:

Long:

Location
Means of suppression provided:
Date:

Signature of Permittee:
·--.

d

I accept this burn permit and agree to comply with th.e foregoing conditions
BURNING REGULATIONS
( 1) Fire breaks 10 feet wide shall be provided along adjoining property and around all exposures, i.e.
fences, telephone poles, power poles, etc.
(2) Adequate means for suppressing the fire shall be provided by the Permittee.

(3) Bumi.i.1g shall be done only during the time specified in th.e burning pennit. (Set times when fire
should be completely extinguished discuss with TC)
(4) Do not bum v,rhen weather conditions (particularly wind) are such that burning is not safe.
(5) Adequate adult supervision shall be provided at all times during the burning operation.
(6) Total extinguishment of fire shall be the responsibility of the Perrnittee. Burning must be terminated
at 1500 hrs. (3pm) and any smolder.,ng areas eA'tinguished prior to 1700 hrs (5pm). ( discussion with
TC)
(7) The Permittee shall be responsible for any damages caused by or which are the result of the burning
operation.
(8) Bum Permit shall be available at bum site during burning operation.
(9) This pen:mt is subject to CANCELLATION, at any time by Tribal Council or designated
representative. (discussion with TC)

Round Valley Indian Tribes
P.O. Box 448, Covelo, CA 95428
(-;o·n
11,83-o°3,1�..l1
I) 7
Burn Permit Requirements
This permit allows vou to conduct the followina tvpes of residential debris burns:
a) Burn debris in dooryard incinerator.
b) Burn debris in small heaps and piles (not to exceed 4 ft in diameter.)
Debris:
Means the burning of paper, cardboard, brush, tree trimmings, leaves or vegetation materials.
Prohibited materials include:
Tires, asphalt shingles, tar paper, cloth, upholstery, plastics, linoleum, diapers, carpeting, demolition debris,
construction debris, business trash, or other smoke producing materials.
This permit is for the burning of:
Dooryard trash and vegetation from within or around a RESIDENCE. In addition, a water supply must be
available for immediate use by the person conducting'the debris burn. The water supply must be of SUFFICIENT
CAPACITY and VOLUME to extinguish the fire AT ANY TIME. This usually means the use of a garden hose or
backpack pump, and a shovel.
Shown is a barrel type incinerator, illustrating a minimum
fire safe requirements. These minimum requirements
apply toall types of incinerators.
1. Area within 10 feet of incinerator is maintained free and
clear of all flammable material and vegetation.

�>
c
,. ,,.:;;, ::·
=

'\.,. \

Heavy Screen Mesh

\Vith hole& nrn large.r than 1;4 inch

2. All openings shall be screened with nonflammable material
with holes no larger than ¼ inch.
3. Attended at all times by a responsible adult person until fire
is dead out.
4. Do not burn when weather conditions (particularly wind) are
such that burning is not safe.
5. Incinerator shall be constructed of metal and in good
condition.

,:,fall flammable material from around the inciu..-ator for et least
10 feet. Local ordinances 1nay require more clearanec

The department's authorized employees, or any warden, or ranger may refuse, revoke, or postpone the use of
permits to burn when necessary for the safety of adjacent property Oi when necessary in their judgment, to
prevent air pollution as provided in the rules set forth by the departmeni.(discussion with TC utilize prevention or
forestry personnel to refuse or revoke permits)

Shown is burning in a smal! .pile, mustrating a
minimum fire safe requirements. These
minimum requirements apply to all piles you
burn.
1. Maximum pile size is 4 feet in diameter.
2. Area within 10 feet of the outer edge of pile shall
be maintained clear of all flammable material
and vegetation.
3. Adult in attendance with shovel until fire is dead
out.
4. Water supply at burning site.
5. No burning shall be undertaken unless weather
conditions (particularly wind) are such that
burning can be considered safe.

Round Valley Indian Reservation
Standard Operating Procedures
I) Purpose
A) the purpose of this Standard Operating Procedure is to define the roles and
responsibilities, procedural protocol, communication procedures between the BIA Office
of Law Enforcement (OLES) (insert MOU contact Tribal Law Enforcement) and BIA
Branch of Wildland Fire Management (Fire) when responding to wildland fire incidents
suppression and/or investigation as required by the "National Memorandum of
Understanding between OLES and Fire.

II) General
A) General Policies which apply to both parties _ -•
1) All persons operating under this docUillent will follow all applicable .Federal Laws,
Code of Federal Regulations (CFR)'si Dep�ent Manual (DM)'s, Indian Affairs
Manual (IAM)'s, Directives, and other procedural }!olicies includinghandbooks and
operational guides ("Blue Book") pertaining to wildland fire prevention and
investigation.
2) All wildland fires will be treated as a crime scene untilotherwise determined.
3) All wildland fires will be investigated-to determine the CJrigin and cause.
4) All first responders and Initial Attack,In.cident Commanders will complete FI-110
(formerly P-130), Wildland Fire Cause Deterniination for First Responders, as a
IIllillill.UID.

5) AppropriatePers·onalProtective Equipment will be worn at all times.
6) All persons responding to wildland fire incidents will meet the minimum physical
fitness requirements for applicable positionon incident.
7) A communication plan will be developed and maintained on an annual basis. A list
of *11 active participants, by location� will be attached to this document.
8) This document will be reviewed by both parties annually and revised as appropriate.
B) General Program Management
1) FIRE
Ensures policy and procedures for wildland fire investigations established
(i)
in the Agencywildland fire prevention plan (WFPP). If WFPP does not exist,
industry standard will be used.
Maintains WeTIP program in areas when arson caused fires persist.
(ii)
Provides copies of all information received from WE TIP program to BIA
(iii)
and/or Tribal Law Enforcement Special Agent in Charge.
Provides BIA/Tribal Law Enforcement personnel, on des_ignated contact
(iv)
list; with personal protective equipment relative to the individual's wildland fire
qualifications.
Secures Severity funding for law enforcement activity and initiatives in
(v)
project periods of extreme fire danger.
Provide OLES with any necessary fire information that is normally
(vi)
prepared and maintained by the Agency and/or Tribe.

Provide OLES District and Round Valley Indian Tribes personnel with
(vii)
monthly fire statistical updates.

2) OLES

(i) Assists in the development, updating and maintenance of the Round Valley Tribes
arson prevention and mobilization plans.
(ii) Provides local Tribal fire trespass ordinance and.codes for implementation.
(iii)Provides feedback to the Tribe as to the usefulness of the WeTIP program.
(iv)Develops Arson Task Force Strategic Plai1; with assistance from the BIA and
Round Valley Natural Resource Department:
(v) Facilitates communication to SpecialAgent in Charge, RegionalDirector, Tribal
Govennnent or Legal Official andiapp!:opriate FIRE contact.

III)

Wildland Fire Operations
.r
w·l.t· 1 u.r1 1,ana• -i:;-·1re I'v1anageine11.
.-:._ · + Of�
nces
1) Establishes Incident Command·System strncture at incident
2) Requests Tribal Law Enforcement assistai12ewhen necessary.
3) Incident Commander determines level of wildland fire investigation needed.
4) Takes appropr;?,t�_itippression action on ,vildlandfire and protects the point of origin
for investig11ti\re ptlrpCises.
5) Requests -qualified Wildland Fire Investigator (FIN\') if not already on scene.
6) Prepares andUJaintains'.al
l ,vildland fire reports.
7) Condt1cts wildlanqfire inve,stigation,.collects and secures evidence, prepares report of
find1ngf and submitsto designated. ·Tribal Law Enforcement contact.
8f Secure the specific 61:igin of the fire and conduct the wildfue origin and cause
_ investigation.·. ·
9) Report all suspected arson incidents to the appropriate BIA/Tribal Law Enforcement.
10) Provide Tri bal Law Enforcement with any necessary fire information that is normally
prepared and mai1itained by the BIA and Tribes.
11) Approve all time. associated with suspected arson investigation and apprehension of
suspect thatis not covered under BIA Law Enforcement normal fonding for such
activities. All personnel time associated with the investigation and/or apprehension
will be documented on SF- 261 (Crew Time Reports) and approved by BIA ai.'1.d
Tribal Natural Resources Officer or his/her designated representative as listed in this
document.
12) Provide funding codes for all time associated with the wildland fire investigation and
apprehension of suspect that is not covered under BIA Law Enforcement normal
funding for such activities.
13) Secure Severity funding for la..N enforcement activities in projected periods of
extreme fire danger.
i4) Provide BIA/Tribal Law Enforcement personnel ,:vith personal protective equipment
relative to the fire sitirntion.

''
nw·�lnDaJ.
., ' '
1-'
...) .o

.1.

Provide BW Tribal Law Enforcement with arson investigation kits.
16)Provide personnel, if available and necessary, to assist in suspected arson
investigation.
1 7)Provide appropriate training opportunities.
18) Track Law Enforcement wildland fire qualifications in Shared Applications
Computer System- Incident Qualification and Certification Syst�:m (IQCS).
19) Provide Law Enforcement personnel with Incident -Qualifications Card (Red Card) if
applicable:
20) Provide training opportunities for Law Enforcement personnel regarding wildland fire
investigation, fire behavior and incident command system _as funding allows. This
includes any travel expenses that might be incurred. Travel will be approved ONLY
when written request to participate in training is provided and approved by BIA
Wildland Fire Management Representative. An aJJpropriate Travel Authorization is
required before travel expenses will be considered;for reimbursement.
21) Follow the policy and procedures for wildlanclfrreinvestigations established in the
.
Round Valley Wildland Fire Prevention Plan.
22) Annually reviews the Standard Operatiqrial Procedures/OperationaLGuidelines at the
Regional and Tribal level. These :gq.ide?lines will include appropriate contact
information for specific areas.
·
. . (·:
23) Provide media coordinator to Tribal Law EnfdrC�fB�nt, if needed.
B) BWTribal Law Enforcement
1) Identify personnel which will participate in suspected arson investigations.
2) Respond to suspected arson incidents as idei:itifie� n1 the regional response requested
by BWTribal Wild.land Fire Management Representatives.
3) Act as the case coordinator for all foIDlal frre inv�stigations.
_4) Conduct suspected arson investigations in concert with appropriate Tribal or BIA
wildland
'representative .
5) Provi_qe BIA Fire Management with.progress reports on active suspected arson.
6) Prepare prosecutive reports and maintain files.
7) Facilitate the storage of all evidence collected.
8) Coordinate suspected arson investigation task force.
9) Actively participate in fireincident Command System (ICS).

fire

IV) Training Standards
A) BWTribal Wildland Fire Management Offices
1) Define required training
2) Encourage training opportunities - i.e. frre courses and create Individual
Development Plan (IDP)
B) BWTribal Law Enforcement
1) Define required training
2) Encourage training opportunities
V) Fitness Standards
A) BWTribal Wildland Fire Management Offices
I) Reference policy and the pack test
2) List requirements for fire positions i.e. FINV, Fire Prevention Technician

B) BWTribal Law Enforcement
1) Reference policy (follow BIA Wildland Fire Fitness Standards)
2) List applicable requirements (insert when needed)
VI) Communication Plan
A) Define any policy requirements that would prohibit fire on Tribal Law Enforcement
Frequencies.
B) List of active_participants by location with contact numbers. (insert)
C) Incident Communication Plan
1) List Frequencies which fire operations work with.
2) List Frequencies which Tribal Law Enforcement works with
3) May use ICS form 205 (Jim will provide a copy of this form)

Standard Operating Procedures (SOP) for Wildfire
Investigation with Law Enforcement concerning
Wildfires occurring within the boundaries of the
Round Valley Indian Reservation
1. Initial Attack
a.
Determine if the fire was ignited by natural means or is human caused.
(accomplished by the Initial Attack Commander (IC)
Protect the fire origin (accomplished by the IC and all initial
b.
responding units)
c.
If there is a suspicion that the fire is hum:an caused order a Wildland
Fire Investigator (FINV) (accomplished by the IC)
2. If human caused, determine if the fire is negligence or arson. (accomplished by
the IC or Wildland FINV or local Fire Prevention Technician)
3. Negligence
If negligence determine the cause and consult with law enforcement
a.
(insert name oflocal law enforcement and Round Valley Tribal Law
Enforcement) concerning future action.
Future actions will be at the discretion of the local agencies (insert
b.
local agencies, Round Valley Indian Tribes (RVIT), Bureau of Indian
Affairs (BIA) California Department ofForestry (CDF), U.S. Forest
Service (USFS) and Covelo Fire Protection District (CFPD). Past
history and compliance with the agency burn policy will be used in
determining legal actions ifany.
4. Arson
a.

b.
c.
d.

e.

If possible contact Wildland FINV and law enforcement personnel to
determine fire origin and cause. (Accomplished by the Round Valley
Fire Management Officer FMO, Round Valley Natural Resource
Officer, Round Valley Fire Prevention Technician).
Gather names ofinitial attack personnel concerning witness and fire
history. (accomplished by the IC, Wildland FINV, and law
enforcement personnel)
Wildland FINV, and if possible, have law enforcement personnel
interview witness jointly.
All evidence gathered will be stored at an approved evidence storage
site. Iflaw enforcement personnel are not available evidence will be
gathered by the Wildland FINV and transported to a secure storage site
as soon as feasible.
Wildland FIN\T and law enforcement will prepare the Wildfire
Investigation Report (WFIR) jointly. Iflaw enforcement personnel are
not available then the report will be prepared by the Wildland FINV.

f.

g.
h.
1.

Tne report needs to prepare as soon as feasible after the investigation
is conducted.
The WFIR will be presented to the proper authorities as soon as
possible for a determination on what future action needs to be
undertaken. This can be the BIA-Law Enforcement (Criminal
Investigator (CI), US Attorney, Agency Superintendent, etc.
If possible and the case-is feasible the proper authorities will make
every effort to prosecute the case.
If the case comes to trial the Wildland FINV \�1ill be available as a
consultant or a expert witness.
All notes and photographs will be protected and treated as future
evidence.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Around_valley%3A3cb2489816292c15. Public record. Not legal advice.