ROUND VALLEY INDIAN TRIBES

ROUND VALLEY INDIAN TRIBES

A Sovereign Nation of Confederated Tribes

TRIBAL COUNCIL OFFICE

POST OFFICE BOX 448

COVE LO, CALIFORNIA 95428

PHONE: 707-983-6126

FAX: 707-983-6128

LOCATION: ON S TATE HWY 162

ONE MILE NORTH OF COVELO

IN ROUND VALLEY

TRIBAL TERRITORY SINCE TIME BEGAN

ROUND VALLEY RESERVATION ESTABLISHED 1856

Minor Forest Products Harvest Code of

the Round Valley Indian Tribes

Adopted by resoiution 10/07/03)

Resolution No. RV.2003�065

TABLE OF CONTENTS

Page No.

Article I.

Statement of Findings...................................................................... 1

Article II.

General Policy Statement.................................................................2

Article 111.

Declaration of Purpose and Scope...................................................2

Article IV.

Definitions.........................................................................................2

Article V.

Jurisdiction.......................................................................................4

Article VI.

Permit Fees......................................................................................4

Article VII.

Permit Process.................................................................................4

Article VIII.

Harvesting Process..........................................................................5

Article IX.

Limitations on Harvest of Minor Forest Products.............................6

Article X.

Enforcement....................................................................................7

Article XI.

Due Process.................................................................................... 8

Minor Forest Products Harvest Code of

the Round Valley Indian Tribes

Final Version (adopted by resolution 10/07/03)

Resolution No. RV.2003-065

CILS Draft: January 24,2003

Skip Thompson Revisions: February 17,2003

CILS 2nd Draft: March 28,2003

ANA Revisions: August 27,2003

tAILI: <>F coNTENts

Page No.

Article I.

Staterdent of Findings...................................................................... 1

Article II.

Ge'heral Policy Statement.................................................................2

Article Ill.

Declar�tion of Purpose and Scope...................................................2

Article IV.

Definltibns .........................................................................................2

Article V.

Jurisdiction.......................................................................................4

Articl� VI.

Pet-hilt Fees

. ......................................................................................4

Article VII.

Petth!t PrpC�$s .................................................................................4

Article VIII.

H�Nei�tlHY Ptocess .................•.........................................................5

Articie IX.

LimitJtibhk dh Hetlvest of Minor Forest Products .............................6

Article X.

Enforcst\113nt....................................................................................7

Article XI.

Due f>tbcess..................................................................................... 8

. .

.

MINOR FOREST PRODUCTS HARVEST CODE OF THE ROUND

VALLEY INDIAN TRIBES

Article I.

Statement of Findings

1.1

The Round Valley Indian Tribes shall have jurisdiction over all persons, subjects,

property, and all activities occurring within the boundaries of the Reservation or

on other lands within its territory as delegated to it by Act of Congress.

1.2

The United States Government recognizes the Round Valley Indian Tribes

(formerly known as the Covelo Indian Community) as a self-governing entity and

recognizes its Tribal Council as the governing body of the Round Valley Indian

reservation in accordance with the provisions of the Indian Reorganization Act,

25 U.S.C. '461 et seq.

1.3

Members of the Round Valley Indian Tribes adopted a Constitution .on Dec.

16, 1936, revised on Feb.24, 1959, June 11, 1973, May 8, 1975, and Sept.

14, 1994.

1.4

Among the stated objectives of the Constitution are the protection of land, timber,

fish, wildlife, water and natural resources.

1.5

From time immemorial, the members of the Tribes and its members have

practiced conservation to protect the invaluable natural resources within the

Tribes aboriginal territory from waste and excessive exploitation.

1.6

The Tribes forest resources constitute a source of economic, cultural, and

spiritual sustenance to the Tribes and its members, and the harvesting of minor

forest products for personal and limited commercial use is important to the

subsistence needs of many tribal members.

1. 7

The increasing human population and activities within and immediately adjacent

area to the Reservation present potential threats to the tribes management of

these forest resources on a sustained yield basis.

1.8

In addition, the Tribes current policy, Policy No. RV-87-2, entitled Policies and

Procedures for the Harvesting of Minor Forest Products and wood Products for

the Round valley Indian Reservation, is outdated and inadequate to serve the

needs of the Tribes with respect to the effective allocation and management of

opportunities for tribal members harvest of minor forest products on the

Reservation.

1.9

It is therefore vital to the welfare of the Tribes that it establishes a comprehensive

regulatory structure for the effective allocation and management of opportunities

for tribal member harvest of minor forest products on the reservation.

1

2

Article II.

2.1

General Policy Statement

The Round Valley Indian Reservation has Indian forest land (forest lands)

including commercial and non-commercial timberland and woodland that are

considered chiefly valuable for the production of forest products or to maintain

watershed or other land values enhanced by a forest cover, and are accessible

to the tribal membership for both personal and limited commercial uses. The

Tribes acknowledge their responsibility for management of the forestlands and

resources in order that future generations of tribal members may enjoy the

continued use of the forestlands as their birthright. Accordingly, in the exercise

of the Tribes management responsibility, the Tribal Council has determined that

tribal members must make use of the forestlands and resources in accordance

with the provisions of this Code.

Article Ill.

Declaration of Purpose and Scope

3.1

In recognition of the spiritual, cultural, and economic value of the forest lands and

resources of the Round valley Indian Reservation, and the importance of forest

products to the subsistence needs and general welfare of tribal members, the

Tribes establish this Code to provide an orderly framework for the allocation and

management of opportunities for tribal member harvest of forest products on the

Reservation, consistent with the principle of sustained yield management.

3.2

This Code effects balance among (1) the Tribes obligation to protect and

preserve the forest lands and resources of the Reservation for future

generations; (2) the Tribes intent to afford tribal members the greatest possible

freedom to use and enjoy the Reservations forest products for personal

subsistence and limited commercial purposes; and (3) the Tribes need to

generate tribal revenues from harvesting permits and commercial sales as a

means to defray the costs and to generate revenues for other tribal governmental

purposes.

3.3

The harvest of minor forest products shall be limited to enrolled members of the

Round Valley Tribes.

3.4

This code, when adopted, shall revoke and replace the Tribes previous policy,

Policy No. 87-2, entitled Policies and Procedures for the Harvesting of Minor

Forest Products and Wood Products for the Round Valley Indian Reservation.

2

3

Article IV.

4.1

Definitions

In Construing the provisions of this Code and any regulations or orders adopted

pursuant to this Code, the following terms shall have the designated meaning

unless a different meaning has been provided, or the context clearly requires

otherwise:

(a)

Cord: means a four feet wide by four feet high by eight feet long tightly

stacked stack of wood. (Cord of wood equals 128 cubic feet).

(b)

Forest: means an ecosystem of at least one acre in size, including

timberland and woodland, which (A) is characterized by more or less

dense and extensive tree cover, (8) contains, or once contained, at least

10 percent tree crown cover, and (C) is not developed or planned for

exclusive non-forest use.

(c)

Forest Products: means marketable products extracted from Indian

forests, such as timber, timber products, including lumber lath, crating,

ties, bolts, logs, pulpwood, fuel wood, posts, poles, and split products:

bark: Christmas trees, stays, branches, firewood, berries, mosses, pinyori

nuts, roots, acorns, syrups, wild rice, mushrooms, and herbs; other

marketable material; and gravel which is extracted from, and utilized on

Indian forest land.

(d)

Forest Trespass: means the removal of forest products from, or damaging

forest products on, forestland, except when authorized by law and

applicable federal or tribal regulations. Trespass can include any damage

to forest resources on forestland resulting from activities under contracts

or permits or from fire.

(e)

Household: means living arrangements of one or more persons in a

home, shelter, or abode. If more than one family lives in one house, the

living conditions represent one household.

(f)

Minor Forest Products: means f orest 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 on the

Reservation. Some of the minor forest products include, but are not

limited to firewood, fence posts, poles, and Christmas trees.

(g)

Reservation: means all lands within the territorial boundaries of the

Round Valley Indian Reservation as well as all lands held in trust by the

Federal Government for the benefit of the Tribes, all lands held and

managed by the Tribes and their members, and any other lands over

which the Tribes may exercise jurisdiction by virtue of agreement or

otherwise.

(h)

Stumpage Value: means the value of a forest product in unprocessed

fo rm as it is found in the woods.

3

(i)

0)

Sustained Management Yield: means management of a forest property

for continuous production with the aim of achieving at the earliest

practicable time. An approximate balance between net growth and

harvest, either by annual or somewhat longer periods.

(k)

Tribal Law enforcement Officer: means a person duly appointed and

authorized by the tribal council to enforce tribal law, including federal law

enforcement.

(I)

Tribal Member: shall be a person who is listed on the membership roll of

the Round Valley Indian Tribes.

(m)

Permittee: a permittee shall be a person who is named as the recipient of

a minor forest products use permit.

Article V.

5.1

4

Sustained Yield: means the yield of forest products that a forest can

produce continuously at any given moment of intensity.

Jurisdiction

This Code, and any regulations adopted pursuant to this Code, applies to the

forest lands of the Reservation and to all persons engaged in the harvest of

forest products not covered under a formal contract on these lands.

The Tribal Council may enter in to such agreements with governments, agencies,

or persons as it deems appropriate to better fulfill the purpose of this Code.

Those agreements may extend the jurisdiction asserted by the Tribe under this

Code.

Article VI.

Permit Fees

5.2

6.1

[Reserved]

Article VII.

Permit Process

7.1

Tribal members must obtain a permit from the Tribes before they may harvest

forest products from Indian forest lands. Products harvested with free use

permits shall be for personal use of the permittees and may not be exchanged,

sold or traded for other goods or services. Permits for wild crafting, or the

gathering of minor forest products such as; berries, mosses, pinyon nuts, roots,

acorns, syrups, wild rice, mushrooms and herbs may be optional.

7.2

The permit shall include the tribal members name, address, the date of the

request, the nature of the request, the kind and quantity of forest products to be

harvested, the designated areas for the request, and any limitations or special

conditions. The permit shall also include the signature of the authorized tribal

official, and the signature of the Pacific Regional Director.

7.3

Minor forest products may be harvested by someone other than the permittee

(proxy). The proxy must have the permit in their possession while harvesting.

4

5

7.3 (cont.)

The permittee must receive the harvested materials, and be designated

by name on the permit. If a proxy is used, then the name, address and phone

number of the proxy must be listed on the permit. There will be no more than two

proxies per permit. The permit will be considered invalid if the correct proxy is

not listed.

7.4

A permit shall expire within one year after the date of its issuance. A tribal

member may apply for a new permit after the expiration date, provided that he or

she has not exceeded the quantity limitations of the product being harvested.

7.5

The permits shall be consecutively numbered, with each permit assigned its own

number. Duplicate copies of each permit shall be kept on file in the Tribal

Administration Office and the Natural Resources Department. An additional copy

of each permit shall be sent to the Bureau of Indian Affairs, Pacific Regional

Office. Copies shall also be made available to the tribal conservation and law

enforcement officers as needed.

7.6

Permit application forms shall be available at the Natural Resource Department

during regular business hours.

Article VIII.

Harvesting Process

8.1

Christmas Trees; must be cut within six inches of the ground. Harvested trees

must be within a ten foot radius of a vigorous conifer tree (green with a full crown

and free of scars on bole) with good from (no crooks-straight stem). Christmas

trees may not exceed 15 ft. in height.

8.2

Firewood; the cutting of living trees for firewood will only be allowed in

designated areas.

8.3

(a)

Designated areas for the harvest of living trees for firewood shall be

identified by the Natural Resources Department on an annual basis,

generally in September, or on an as-needed basis consistent with

applicable resource management standards. Department employees or

consulting foresters assigned this task shall identify the designated

harvesting areas by use of colored flagging, and will identify trees, poles,

etc., permitted for harvest by use of spray paint.

(b)

The identification of designated harvesting areas shall be subject to the

review of the Tribal Council on an annual basis, and the conclusions from

the review shall be made available to the tribal community in published

form.

Poles and Posts; the cutting of poles and posts shall be allowed only in

designated harvesting areas with the trees pre-marked. (see section 8.2). Pole

and post materials already down due to either a previous forestry project or

natural occurrence are not subject to this requirement; however pieces may not

exceed 8 inches in diameter at any point along the length of the piece.

5

6

8.4

Clean up; all slash created by the harvesting activity shall be lopped and

scattered by the permittee to a height of less than 24 inches. The permittee shall

also dispose of trash carried in to, or found in, the harvesting area. In general,

harvesting areas shall be left in the same or better conditions than initially found.

8.5

Seasonal Condition; when weather conditions are such that extensive damage to

tribal roads may occur through use, harvesting activities will not be permitted.

8.6

All cut trees shall be utilized to the fullest extent possible.

8.7

Wood cutters shall have spark arresters on their chainsaws and shall carry

appropriate fire equipment, including at least a shovel and fire extinguishers.

8.8

The harvesting of forest products shall be subject to any special conditions the

tribal council may establish. Harvesting activities are also subject to applicable

regulations of the Bureau of Indian Affairs governing Indian forest management

and operations, generally set forth at 25 CFR 163.1 through 163.37.

Article IX.

9.1

Limitations on Harvest of Minor Forest Products

The limitations imposed in this section shall be on a tribal fiscal year basis.

(a)

Christmas Trees; one tree, of any conifer species per household or tribal

organization without charge from designated areas. For more than one

tree, a charge of fifty cents per lineal foot ($.50/ft) shall be assessed. No

re-sale permitted.

(b)

Firewood; oak, madrone, and other living hardwoods, seven cords per

household without charge. For more than seven cords, or for re-sale, a

stumpage fee of five dollars a cord ($5.00/cord) shall be charged. Dead

or down wood that cannot be sold economically as saw-logs or has only a

firewood value (all species), the quantity shall be without charge. The

cutting of living trees for firewood will be allowed only in designated

areas.

(c)

Poles and Posts·; (all species) three hundred pieces for use on tribal or

allotted land without charge. Fore more than three hundred pieces, a

charge of one dollar per piece ($1.00/piece) shall be assessed. In

addition, if more than twenty-five poles are to be taken from any one

place, the area of harvest shall be designated by the Natural Resources

Department.

(d)

Sand and Gravel; ten cubic yards of sand and/ or gravel per household,

without charge, in areas designated by the Natural Resources

Department. No re-sale is permitted.

(e)

Other Products; to be negotiated with the Natural Resources Department

on an individual basis. The charges for these products will be based on

appraised rates.

6

7

Article X.

Enforcement

10.1

All tribal members have the individual responsibility to conform their conduct to

tribal law and to refrain from engaging in any activities that would constitute an

unauthorized use or exploitation of the Tribe's natural resources. In keeping with

the tradition of tribal stewardship of the Reservations resources, all tribal

members are encouraged to report known or observed violations of this Code to

the appropriate tribal authorities.

10.2

Tribal law enforcement and conservation officers are fully authorized to enforce

the provisions of this Code consistent with the General Orders adopted by the

Tribal Council on October 7,2003. Federal law enforcement authorities will be

contacted in those cases where violations of this code also constitute a violation

of Federal law.

10.3

Violations of this Code shall be documented by written citations issued by tribal

law enforcement or conservation officers on citation forms approved by the Tribal

Council. A copy of the citation shall be provided to the person charged with the

violation of this Code and shall inform the alleged violator of any recourse

available to challenge the citation.

10.4

The [Tribal Council/Tribal Court] is authorized to assess fines and/or penalties

for specific violations of this Code as set forth below.

(a)

Unauthorized Harvest: It shall be a violation of this Code for any person

to harvest forest products from tribal trust lands of the Reservation

without tribal or federal authorization, including tribal permits issued under

this Code. Any such violation of this Code shall result in imposition of civil

penalties, including: (1) treble damages based on the highest stumpage

value obtainable from the raw materials involved in the violation; (2)

payment of costs associated with any damage to tribal forest land,

including but not limited to, rehabilitation, reforestation, lost future

revenue and lost profits, loss of productivity, and damage to other forest

resources; and (3) suspension or revocation of harvesting privileges. In

lieu of the stated penalties, the Tribal Council may adopt a separate

schedule of civil penalties.

(b)

Violation of Permit Conditions: It is a violation of this Code for a permittee

to violate any of the conditions of the tribal harvest permit. Any such

violation of this Code shall result in imposition of civil penalties, including

(1) treble damages based on the highest stumpage value obtainable from

the raw materials involved in the violation; (2) payment of costs

associated with any damage to forest land, including but not limited to,

rehabilitation, reforestation, lost future revenue and lost profits, loss of

productivity, and damage to other forest resources; and (3) suspension or

revocation of harvesting privileges. In lieu of the stated penalties Tribal

Council may adopt a separate schedule of civil penalties.

7

8

(c)

Violation of Established Harvesting Limitations: It is a violation of this

Code for a permittee to violate established area, seasonal, or other

harvesting limitations. Any such violation of this Code shall result in

imposition of civil penalties, including (1) treble damages based on the

highest stumpage value obtainable from the raw materials involved in the

violation; (2) payment of costs associated with any damage to the tribal

forest land, including but not limited to, rehabilitation, reforestation, lost

revenue and lost profits, loss of productivity, and damage to other forest

resources; and (3) suspension or revocation of harvesting privileges. In

lieu of the stated penalties, the Tribal Council may adopt a separate

schedule of civil penalties.

(d)

No Clean Up: It is a violation of this Code for a permittee to fail to clean

up the harvest areas as required by Section 8.4. (1) The first violation

shall result in imposition of monetary civil penalties as set forth by Tribal

Council; (2) the second violation; may result in suspension of the

permittee tribal members harvesting privileges for a period of one to five

years.

(e)

Trespass: Any unauthorized harvest of forest products from tribal trust

lands of the Reservation without tribal or federal authorization (see

Section 10.4 (a)), any violation of tribal permit conditions (see Section

10.4 (b)), or any other violation of established harvesting limitations (see

Section 10.4 (c)), shall also constitute a forest trespass within the

meaning of 25 U.S.C. 3103(8) and be subject to the federal penalties set

forth in the 25 CFR 163.29.

10.5

Any tribal member who has one or more civil penalties imposed under this Code

that remain unpaid for more than 60 days from the date of issuance of the

citation, or of the [Tribal Council/Tribal Courts] decision pursuant to Article XI,

whichever is applicable, shall have his/her harvesting privileges under this Code

suspended until such time as all such penalties are paid in full. Suspension of

the members harvesting privileges shall be in addition to any other remedy the

Tribes may have based on members non-payment.

10.6

Repeated violations of this Code by a tribal member shall be grounds for

permanent revocation of the members harvesting privileges.

Article XI.

Due Process

11.1

Upon issuance of a written citation for violation of this Code, the Natural

Resources Department shall make an initial report to the [Tribal Council/Tribal

Court] concerning the nature and severity of the alleged violation and a

recommended penalty, based on the schedule adopted by Council, including any

special circumstances for the Tribal Councils consideration.

11.2

Any person issued a written citation for violation of this Code may request a

hearing before the [Tribal Council/Tribal Court] to challenge the basis of the

citation.

8

9

The request for hearing must be presented to the tribal Administrative Office

within ten (10) days of receipt of the citation and must be made on a hearing

request form available upon request at either the Natural Resources department

or the Tribal Administration Office during regular business hours.

11.3

Notice of the time and place of the hearing shall be provided to the person

requesting the hearing at least five (5) days prior to the hearing date. At the

hearing, the [Tribal Council/Tribal Court) shall review the citation, the Natural

Resources Department's report on the citation, including its recommended

penalty, and shall allow the person issued the citation to make a brief statement

in refutation, and/or mitigation, of the alleged violation(s). If the [Tribal

Council/Tribal Court] determines, based on the information presented, that it is

more likely than not that the person committed the violation, it shall impose a

penalty or penalties in accordance with the schedule set forth by Tribal Council,

taking into consideration any mitigating circumstances.

11.4

The decision of the [Tribal Court/Tribal Council] shall be final for all purposed,

and no further right to hearing or appeal shall lie.

9

ROUND VALLEY INDIAN TRIBES

A Sovereign Nation of Confederated Tribes

LOCATION: ON STATE HWY 162

ONE MILE NORTH OF COVELO

IN ROUND VALLEY

TRIBAL TERRITORY SINCE TIME BEGAN

TRIBAL COUNCIL OFFICE

POST OFFICE BOX 448

COVELO, CALIFORNIA 95428

PHONE: 707-983-6126

FAX: 707-983-6128

ROUND VALLEY RESERVATION ESTABLISHED 1856

RESOULUTION NO. RV-2003-065

RESCINDED POLICY NO. RV-87-2

A RESOLUTION TO ADOPT THE MINOR FOREST PRODUCTS HARVEST CODE

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 Reservation, and

WHEREAS, Article V, Section I of the Constitution of the Round Valley Indian Tribes authorizes the

Round Valley Tribal Council to administer all Tribal Business, and

WHEREAS, the Round Valley Tribal Council has recognized the forest as a source of economic,

cultural, and spiritual sustenance to the Tribe and its members, and the harvesting of minor forest

products for personal and limited commercial use as important to the subsistence needs of many tribal

members, and

WHEREAS, the Round Valley Tribal Council recognizes the vital importance of the welfare of the

Tribal members, that it establishes a comprehensive regulatory structure for the effective allocation and

management of opportunities for tribal members to harvest minor forest products on the Reservation.

NOW THEREFORE BE IT RESOLVED, that the Round Valley Tribal Council hereby enacts the

Minor Timber Products Harvest Code in its entirety.

BE IT FURTHER RESOLVED, that the President of the Round Valley Tribal Council and/or

the Vice-President in the absence of the President is hereby authorized by the governing body to

execute said resolution approving the Minor Forest Products Harvest Code.

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 six (6) members were present, constituting a quorum held on the 7th day of October 7, 2003, and

that this resolution was adopted by a vote of:

RESOLUITON NO. RV-2003-065

Page2

For

Against

Abstentions

Four (4)

One (1)

One (1)

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

President, Round Valley Tribal Council

ATTEST:

Executive Secretary, Round Valley Tribal

Council