THE CONFEDERATED TRIBES
OF THE GRAND RONDE COMMUNITY
Resolution No. 388-89
WHEREAS, the Grand Ronde Tribal Council, pursuant to Article III, Section I of the Tribal Constitution approved November 30, 1984 by the Acting Deputy Assistant Secretary on Indian Affairs, is empowered to exercise all legislative and executive authority not specifically vested in the General Council of the Confederated Tribes of Grand Ronde Community of Oregon: and,
WHEREAS, the Bureau of Indian Affairs Manual, 53 BIAM 4, provided for preparation of a Forest Practices Ordinance for Tribal approval, BIA agency Superintendent and Area Director concurrence; and,
WHEREAS, the Grand Ronde Tribal Forester has prepared a Forest Practices Ordinance for Tribal Council approval; and,
WHEREAS, it is the wishes of the Tribal Council to establish a Forest Practices Ordinance.
NOW THEREFORE BE IT RESOLVED, that the Grand Ronde Tribal Council hereby establishes the Forest Practices Ordinance through the adoption of this resolution
CERTIFICATION: The Tribal Council for the Confederated Tribes of Grand Ronde Community of Oregon passed this resolution at a regularly scheduled meeting with a quorum present as required by the Grand Ronde Tribal Constitution held on by a vote of 6 yes, 0 no, and 0 abstentions.
Mark Mercier, Tribal Chairman
Kathryn Harrison, Secretary
September, 6th. 1989
9615 GRAND RONDE RD
GRAND RONDE, OREGON 97347
ORIGINALLY ADOPTED: 09-06-89
SUBJECT: FOREST PRACTICES
RESOLUTION NUMBER: 388-89
THE CONFEDERATED TRIBES OF THE GRAND RONDE
COMMUNITY OF OREGON
FOREST PRACTICES ORDINANCE
TRIBAL CODE § 6.20
(a) Purpose and Authority
(c) State Notifications
(1) Types of Operations
(d) NEPA Compliance
Rules and Regulations
(f) Surface Mining
(2) Overburden, Wastes, and Petroleum
(4) Site Abandonment
(g) Riparian Management Areas
(b) Lakes and Wetlands
(h) Chemical Application
(3) Water Quality
(6) Mixing Chemicals
(7) Chemical Application
(8) Chemical Records
(9) Chemical Accidents
(i) Slash Disposal
(2) Disposal Operations
(3) Smoke Mgmt. Plan
(2) Lands Affected
(3) Stocking Level
(5) Acceptable Species
(l) Non-Reforested Land
(2) Road Location
(3) Road Design
(5) Road Maintenance
(2) Leave Trees
(3) Soil Protection
(4) Landings, Skid, Fire Trails
(5) Drainage System
(6) Waste Material Treatment
(7) Protection of Waters
(8) Operation Practices
(9) Protection of Habitat
(10) Riparian Management Area
(11) Site Utilization
(1) Purpose and Practices
(p) High Risk Sites
(1) Prior Approval
(2) Written Plans
(q) Annual Review
(2) Suspension and Damages
THE CONFEDERATED TRIBES OF THE GRAND RONDE
COMMUNITY OF OREGON
FOREST PRACTICES ORDINANCE
TRIBAL CODE § 6.20
(a) PURPOSE AND AUTHORITY:
- (1) This Ordinance, as adopted, establishes rules for the management of trees on Tribal lands. The Ordinance will insure the responsible growing and harvesting of timber; and will provide the necessary protection of environmental resources such as air, water, soil, fish, wildlife, and recreation.
- (2) Authority for this Ordinance is found in the Tribal Constitution article III, Part 1 and 25; and 25 CFR, Part 163.
- (3) The "rules" of the Forest Practices Ordinance will be referred to as the "Forest Practices Rules" (F.P.R.). If any Forest Practices Rule, Rules, or parts thereof, as stated herein, are found to be in conflict with 25 CFR 163, then 25 CFR 163 will supercede the conflicting rule, rules, or parts thereof in the Forest Practices Ordinance.
- (1) Active Roads - Roads currently being used or maintained for the purpose of removing commercial forest products.
- (2) Aauatic Area - Wetted area of streams, lakes and wetlands up to the high water level. Oxbows and side channels are included if they are part of the flow channel or contain fresh water ponds.
- (3) Buffer Strip - A protective area adjacent to an area requiring special attention or protection.
- (4) Chemicals - Includes herbicides, insecticides, rodenticides, fertilizers, and adjuvants.
- (5) Class I Waters - Any portion of streams, lakes, or significant wetlands which are used for:
- (A) Domestic use, including drinking, culinary and other household human use.
- (B) Angling.
- (C) Water dependent recreation.
- (D) Spawning, rearing or migration of anadromous or game fish.
- (E) The following are included within the meaning of "Class I Waters":
- (i) The water itself, including any vegetation, aquatic life or habitats therein.
- (ii) Beds and banks below the normal high water level which may contain water, whether or not water is actually present.
- (6) Class II Waters -
- (A) Special protection waters (Class II SP Waters) means any Class II Waters which have a significant summertime cooling influence on downstream Class I Waters which are at or near a temperature at which production of anadromous or game fish is limited. Class II Waters means any waters of the state not classified as Class I Waters, which have a definite channel or bed.
- (B) The following are included within the meaning of "Class II Waters":
- (i) The water itself, including any vegetation therein.
- (ii) Beds and banks below the normal high water level, whether or not water is actually present.
- (iii) "Class II Waters" do not include unchanneled overland flow, roadside ditches, puddles or other surface waters which have no surface outlet.
- (7) Contaminate - Means the presence in the atmosphere, soil, or water of sufficient quantities of chemicals as may be injurious to public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, or recreational uses, or to livestock, wildlife, fish, or other aquatic life.
- (8) End Hauling - In road construction hauling material to a designated area as opposed to side casting the material.
- (9) Established Seedling - A seedling of acceptable forest tree species which has survived two years on the site.
- (10) Fertilizers - Any substance or any combination or mixture of substances designed for use principally as a source of plant food.
- (11) Filling - The deposit by artificial means of any materials, organic or inorganic.
- (12) Forest Land - Land for which a primary use is the growing and harvesting of forest tree species.
- (13) Herbicides - Any substances used to destroy, repel or mitigate any weed or to prevent or retard undesirable plant growth.
- (14) High Risk Areas - Lands determined by the Tribal Forester to have a significant potential for destructive mass soil movement or stream damage because of topography, geology, biology, soils, or intensive rainfall periods.
- (15) High Risk Sites - Specific locations determined by the Tribal Forester within high risk areas. A high risk site may include, but is not limited to: slopes greater than 65 percent, steep headwalls, highly dissected land formations, areas exhibiting frequent high intensity rainfall periods, faulting, slumps, slides, or debris avalanches.
- (16) High Water Level - The stage regularly reached by a body of water at the peak of fluctuation in its water level. "High Water Level" is often observable as a clear, natural line impressed on the bank. It may be indicated by such characteristics as terracing, changes in soil characteristics, destruc-tion of vegetation, presence or absence of litter or debris, or other similar characteristics.
- (17) Insecticides - Any substances used to destroy, repel, or mitigate any insect.
- (18) Riparian Areas - Wet soil areas next to streams, lakes, estuaries and wetlands. They are usually characterized by high water tables.
- (19) Sapling - Live trees of commercial species, less than 11 inches in diameter taken at breast height of good form and vigor.
- (20) Significant Summertime Cooling Influence - That volume of water that is large enough and at such temperature that it will maintain or reduce the temperature in a downstream Class I Water.
- (21) Side Casting- In road construction, pushing material over the side of the road.
- (22) Vacated Roads - Roads that have been made impassable and are no longer to be used for forest management purposes or commercial forest harvesting activities.
- (23) Water Bar - A diversion ditch and/or hump in a trail or road for the purpose of carrying surface water runoff into the vegetation and duff so that it does not gain the volume and velocity which causes soil movement or erosion.
- (24) Wetlands - Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in satura ted soil conditions. Wetlands include marshes, swamps, bogs, and similar areas.
- (25) Written Plan - A plan submitted by the Tribal Forester, which describes how the operation will be conducted to comply with the applicable rules of the "Forest Practices Ordinance."
(c) STATE NOTIFICATION:
- (1) Notification shall be given to the State Department of Forestry for the following types of operations:
- (A) The harvesting of forest crops including felling, bucking, yarding, decking and hauling, road construction or improvement within the operation area described, and treatment of slashing.
- (B) Road Construction or reconstruction of existing roads not within operation areas.
- (C) Site preparation.
- (D) Clearing forest land for change to non-forest uses.
- (E) Treatment of slashing after completion of operations.
- (F) Precommercial thinning.
(d) NEPA COMPLIANCE: This ordinance will comply with the applicable rules and regulations of the Environmental Protection Act.
Rules and Regulations
(e) PETROLEUM PRODUCTS:
- (1) Adequate precautions will be taken to prevent leakage or accidental spillage of any petroleum products into the waters of the Reservation.
(f) SURFACE MINING:
- (1) The development and use of surface mining operations which are located on forest lands, from which materials are to be utilized for future forest access roads or other supporting forest management activities, shall be done in such a manner as to protect water quality, retain soil stability, and provide for general safety during mining operations and after the operations have ceased.
- (2) Prevent overburden, solid wastes and petroleum products from entering waters of the Reservation.
- (3) Stabilize banks, headwalls, and other surfaces of quarry sites in order to prevent surface soil erosion or mass soil movement.
- (4) When the site is abandoned as a material source, it will be left in the condition described in subsections (1) and (2) above.
(g) RIPARIAN MANAGEMENT AREAS:
- (1) State water classification system shall be used in determining water classification on reservation lands. (Refer to Part I, Sec. 2 (§6.20(a)(2)) for a definition of Class I and II waters.)
- (2) Boundaries - of the riparian management area need not be formed by straight lines. The width of the riparian management area may vary depending upon topography, vegetative cover, the needs of harvesting design, and the needs for aquatic and wildlife habitat. The following requirements apply to determining the width of various types of riparian management areas:
- (A) Streams - The width of the riparian management area shall average three times the stream width, but it shall not average less than twenty-five (25) feet or average more than one hundred (100) feet. Stream width is the average of the main channel width of the stream during its high water level flow.
- (B) Lakes and Significant Wetlands - the width of riparian management area for lakes and significant wetlands are as follows:
- (1) 0-1 acre shall average 25 feet.
- (2) 1-5 acres shall average 50 feet.
- (3) 5-10 acres shall average 75 feet.
- (4) 10-larger acres shall average 100 feet.
(h) CHEMICAL APPLICATION:
- (1) The purpose of these rules is to regulate the handling, storage, and application of chemicals to assure their proper use and avoid contamination of non-target areas, especially Reservation waters.
- (2) Equipment - Used for transportation, storage, or application of chemicals shall be leakproof.
- (3) Water Quality - If water is taken from any stream or water impoundment for chemical mixing, then the following precautions shall be taken:
- (A) Provide an air gap or reservoir between the water source and the mixing tank, or
- (B) Use a portable pump with the necessary suction hose, feed hoses and check valves to supply tanks with water from streams. The equipment shall be used only for water.
- (4) Protection - Necessary precautions shall be taken to protect waterways and areas of open water such as swamps or impoundments from contamination when applying chemicals.
- (A) Aerial application - Class I Waters: Leave an unsprayed strip at least one hundred (100) feet on each side of every Class I water.
- (B) Aerial application - Inhabited dwellings: Leave a five hundred (500) foot unsprayed strip around inhabited dwellings.
- (C) Ground application - Open water: Leave an unsprayed strip at least ten (10) feet on each side of every waterway or area of open water.
- (5) Fertilizers - No buffer strip is required. Precautions shall be taken to avoid direct application of fertilizers to Class I Waters or areas of open water.
- (6) Mixing of Chemicals - Mix chemicals or clean tanks or equipment only where chemicals will not contaminate waters. Mixing areas and aircraft landing areas shall be located where spillage of chemicals will not endanger waters. If any chemical is spilled, take immediate and appropriate action to contain or neutralize it.
- (7) Chemical Application - Apply chemicals only in accordance with currently recognized Federal and State procedures.
- (A) Rinse chemical containers with water at least three (3) times.
- (B) Do not re-use chemical containers unless properly treated.
- (C) Disposal of chemical containers shall be in accordance with approved disposal requirements.
- (8) Chemical Application Records - When using chemicals as a forest management tool, a daily record of the spray operations shall be maintained as follows:
- (A) Name of monitor and applicator.
- (B) Project name and location.
- (C) Hourly temperature.
- (D) Hourly wind velocity and direction.
- (E) Contractor's name and pilot's name.
- (F) Name of chemical used.
- (G) Application rate, carrier and mixer used.
- (H) Disposal methods of empty containers.
- (I) The spray records shall be kept for at least 3 yrs.
- (9) Chemical Accidents - Take immediate action to contain and prevent further contamination to the environment. Report immediately all chemical accidents to the appropriate agency.
(i) SLASH DISPOSAL:
- (1) Treatment of slashing is recognized as a necessary tool for the protection of reproduction and residual stands from the risk of fire, insects and disease, to prepare the site for future productivity and to minimize the risk of material entering streams. Such treatment may employ the use of mechanical processes, fire, chemical or other means to minimize competitive vegetation and residue from harvesting operations.
- (2) Disposal Operations - Operations on Reservation lands shall be planned and implemented to optimize conditions for regeneration of forest tree species, to maintain productivity of forest land, air and water quality, and fish and wildlife habitat. Some of the methods implemented will be as follows:
- (A) Reduce the volume of debris by:
- (i) Well planned and supervised felling and bucking practices to minimize breakage.
- (ii) Increased utilization of wood fiber such as salvaging, prelogging, and relogging when a market exists.
- (iii) Stage cutting where applicable, with successive cuts delayed until slashing created by previous operations is reduced.
- (B) Dispose of slash by:
- (i) Scattering of slash.
- (ii) Piling or windrowing of slash.
- (iii) Mechanized chopping, compaction or burying.
- (iv) Controlled burning.
- (C) Dispose of, or disperse, unstable slash around landings to protect their entry into streams.
- (D) When treating competing vegetation, plan harvesting practices to break up or destroy such vegetation. If necessary, follow up with applications of chemicals and/or burning.
- (E) If burning is the means of slash or competitive vegetation treatment, it shall be done in a manner to adequately protect reproduction, residue timber, humus and soil surfaces.
- (F) Burning shall be avoided in riparian areas along Class I Waters.
- (3) Whenever disposal of slash is to be accomplished by burning, such burning shall be accomplished under such condi tions of weather that will assure adequate maintenance of air quality. Burning shall be done in accordance with the rules of Oregon's "Smoke Management Plan."
- (1) Prompt reforestation of forest land following harvesting operations is an important factor in assuring continuous growing and harvesting of forest tree species. The purpose of rules relating to reforestation is to describe the conditions under which reforestation will be required; to specify the minimum number of trees per acre and the maximum period of time allowed after an operation for establishment of such trees; and to require stabilization of soils which have become exposed as a result of operations.
- (2) Lands affected - Any lands which come within the definition of forest land are subject to reforestation requirements.
- (3) Stocking level - At least 150 well distributed seedlings, saplings or a combination of both shall be established on each acre in which the stocking was reduced by harvesting.
- (4) Compliance and Time Determination - Compliance with the minimum stocking standards shall be achieved at the end of five (5) growing seasons following operations.
- (A) Determination of time for establishment of seedlings shall be based on completion of the logging operations and removal of equipment. When smoke management restricts the burning of slash, an extension equal in time to the restriction period will be added to the time of establishment.
- (5) Acceptable Species - For those lands subject to the reforestation requirement, the Tribal Forester shall maintain a list of forest tree species acceptable as stocking. The list shall consist of those species normally marketable.
- (1) Rehabilitation of sites containing undesirable species may be accomplished by controlled burning, chemical application, mechanical clearing or any combination. Place debris above the high water mark of any waters within the Reservation. On mechanical clearing projects, minimize compaction and movement of top soil.
(l) NON-REFORESTED LAND:
- (1) One year following harvesting on lands not subject to the reforestation requirement, and on which reforestation is not being planned, adequate vegetation cover shall be established to provide continuing soil productivity and stabilization. Consider the use of wildlife habitat plants.
- (1) A well located, constructed and maintained system of forest roads are essential elements in responsible forest management.
- (2) Road Location - Design and locate roads to minimize the risk of material entering waters.
- (A) Fit the road to the topography of the area.
- (B) Avoid locating roads in steep, narrow canyons, slide areas, steep headwalls, slumps, marshes, meadows, riparian management areas, or existing drainage channels where practical alternatives exist.
- (C) Avoid locating roads on high risk sites if practical alternatives exist.
- (D) Minimize road density in high risk areas whenever practical alternatives exist.
- (E) Minimize the number of stream crossings.
- (F) When it is practical, cross streams at right angles to the main channel and leave or re-establish areas of vegetation between roads and streams.
- (3) Road Design - Design each road to the minimum use standards adapted to the terrain and soil materials, so as to minimize disturbances to existing drainages and damage to water quality.
- (A) Designate end-hauling where disposal of excess material from high risk sites is indicated.
- (B) Roads should be designed no wider than necessary to accommodate the immediate anticipated use.
- (C) Design cut and fill slopes to minimize the risk of mass soil movement.
- (D) Design culvert installations to prevent erosion of the fill.
- (E) Design water crossing structures to provide for adequate fish passage, minimum impact on water quality, and the twenty-five (25) year frequency storm.
- (F) Design roads to drain naturally by outsloping and through grade changes wherever possible. Where outsloping is not feasible, use roadside ditches and culverts.
- (G) Provide dips, water bars and cross drainage on all temporary roads.
- (H) Whenever practical, avoid diverting water from natural drainage ways. Dips, water bars and cross drainage culverts should be placed above stream crossings, so that water may be filtered through vegetative buffers before entering waters of the Reservation.
- (I) Provide drainage where surface and groundwater cause slope instability.
- (J) Select stable areas for disposal of end-haul materials. Avoid overloading areas which may become unstable from additional material loading.
- (K) Design roads so that water is not concentrated into high risk sites.
- (4) Construction - Debris, overburden and other materials associated with road construction shall be placed in such a manner as to prevent entry into the waters of the Reservation.
- (A) Deposit end-haul and other excess material in stable locations above the high water level.
- (B) Clear drainage ways of woody debris generated during road construction and maintenance.
- (C) Stabilize exposed material which is potentially unstable or erodible by use of seeding, compacting, riprapping, benching, leaving light slashing, or other suitable means.
- (D) In the construction of road fills, compact the material to reduce the entry of water and minimize the settling of fill material.
- (E) Construct stream crossings that result in minimum disturbance to banks, existing channels, and riparian management areas. Temporary crossing structures shall be removed promptly after use, and where applicable, approaches to the crossings shall be water barred.
- (F) Keep machine activity in beds of streams to an absolute minimum. Prior approval shall be obtained for machine activity in Class I Waters.
- (G) Install drainage structures on live streams as soon as feasible. Uncompleted road grades subject to washing before grading should be adequately cross-drained.
- (H) Retain outslope drainage during construction operations and remove all beams on the outside edge except those intentionally constructed for protection of road grade fills.
- (I) Keep soil disturbance to a minimum by constructing roads when soil moisture conditions are favorable.
- (J) Slash, logs and other large quantities of organic material shall not be incorporated into road fills where fill failure due to organic material decomposition may impact waters of the state.
- (5) Road Maintenance - Maintenance of active and inactive roads shall be sufficient to maintain a stable surface, to keep the drainage system operating, and to protect water quality.
- (A) Clean culvert inlets and outlets, drainage structures and ditches before and during the rainy season to diminish danger of clogging and possible washouts.
- (B) Restore road surface crown or outslope all roads prior to the rainy season.
- (C) After discontinuing the active use of a road, maintain the road to the degree of providing appropriate drainage and soil stability.
- (D) When it is the intention to vacate a road or "put a road to bed," the road shall be posted "closed" and shall be blocked to prevent continued use by vehicles, and the road shall be left adequately drained and stabilized.
- (E) Plan applications and apply road oil or other surface stabilizing material in such manner as to prevent their entry into waters of the Reservation.
- (F) Maintain and repair active and inactive roads as needed to minimize damage to waters of the Reservation.
- (G) Place material, removed from ditches, in a stable location.
- (1) Harvesting operations are recognized as causing a temporary disturbance to the forest environment. These rules are established as standards for forest practices to maintain the productivity of the forest land, to minimize soil and debris entering waters of the Reservation, and to protect wildlife and fish habitat.
- (2) Protection of leave trees - On any operation, trees left for future harvest shall be adequately protected from damage resulting from harvest operations. This may be done by locat ing roads and landings and by conducting felling, bucking, yarding and decking operations so as to minimize damage to, or loss of, residual trees.
- (3) Soil Protection - Select for each harvesting operation, the logging method, size of equipment, and type of equipment best adapted to the given slope, landscape and soil deterioration.
- (A) Avoid tractor or wheel skidding on unstable, wet or easily compacted soils, and on slopes which exceed 35 percent, unless operations can be conducted without causing deep soil disturbance or accelerated erosion.
- (B) Locate skid trails where sidecasting is kept to a minimum.
- (C) Uphill cable yarding is recommended. Use a yarding system that will minimize soil disturbance when downhill yarding or when yarding across high risk sites.
- (D) Where skidders are used, consider size of the equipment needed to do the job.
- (4) Landings, skid and fire trail locations - Landings shall be of minimum size and shall be located on stable areas.
- (A) Locating of landings in riparian management areas should be avoided. Landings shall be located on firm ground above the high water level of any stream. Land ings shall not be placed on unstable areas, on steep side hill areas or where excessive excavation is needed.
- (B) Skid trails and fire trails within the riparian management area should be avoided, except when using temporary crossings.
- (5) Drainage system - For each landing, skid trail, or fire trail, provide and maintain a drainage system that will control the dispersal of runoff water from such exposed soils.
- (A) Provide and maintain cross-drains, dips, water bars and other water diversions to prevent soil from entering waters of the Reservation.
- (B) Divert or water bar all tractor or skidder trails before the rainy season.
- (C) Leave or place debris and re-establish drainage on landings after use to guard against future soil movement.
- (6) Waste material treatment - Landowners or operators shall leave or place debris, overburden and other waste material associated with harvesting in such a location as to prevent its entry by erosion, high water, or other means into waters of the Reservation.
- (A) Operators shall fell trees in a manner to minimize breakage.
- (B) Operators shall stabilize potentially unstable or erodible soils by seeding or other suitable means and shall consider using game forage plants.
- (C) Operators shall remove waste from logging operations, such as crankcase oil, filters, grease and oil containers, from the forest and dispose of other debris, such as machine parts, old wire rope, and used tractor tracks immediately following termination of harvesting operations. Operators shall not place these materials in waterways.
- (7) Protection of Waters - Any operation shall retain a riparian management area along each side of Class I Waters.
- (8) Operations shall be conducted in riparian management areas using the following practices:
- (A) Avoid tractor skidding in or through any stream. When streams must be crossed, provide adequate temporary structures to carry stream flow. Remove all temporary crossings immediately after use, and where applicable, water bar road ends.
- (B) Avoid cable yarding through any Class I Water. When yarding across such waters is necessary, it shall be done by swinging the yarding material free of the ground in the aquatic and riparian areas.
- (C) Cable yarding across Class II Waters shall be done in a way which minimizes disturbance to the channel and the streamback vegetation.
- (D) In addition to other requirements for Class II Waters, operators shall leave 75 percent of the original shade along Class lISP Waters.
- (9) Protection of habitat - Provision shall be made for shade, wildlife habitat, soil stabilization, and water filtering effects of forest vegetation in riparian management areas adjacent to Class I Waters by applying the following practices:
- (A) Maintain an average of 75 percent of the pre-operation shade over the aquatic area along Class I Waters.
- (B) Retain at least 50 percent of the pre-operation tree canopy in the riparian area along Class I Waters.
- (C) Except for snags defined to be a safety hazard or a fire hazard, leave all snags and down timber in the aquatic area and riparian area along Class I Waters.
- (D) Stands of blown down timber, snags and down timber infested with insects or disease, or killed by fire, may be removed.
- (10) Riparian management area - Retain live conifers in the riparian management area along Class I Waters at least according to the following standards:
- (A) Conifers shall be retained in the one half (1/2) of the riparian management area closest to the water (or within an average of twenty-five (25) feet of the water, whichever is greater).
- (B) Trees may be cull or nonmerchantable due to quality.
- (C) Limit machine and yarding activity in the riparian area to the minimum.
- (D) Timber felled within the riparian management area shall be directionally felled away from the waters.
- (E) Residual trees and plants may be removed from the riparian management area where necessary to improve future wildlife and aquatic habitat.
- (F) Fell, buck and limb trees so that the tree or any part of it will not fall into or across any Class I Water, and remove all material that gets into such water as an ongoing process during harvesting operations. Place removed material above high water level.
- (G) As a minimum, fell all trees away from Class II Waters whenever possible. Remove slash that gets into the water following forest operations.
- (H) Retain or re-establish undergrowth vegetation along Class II Waters in widths sufficient to maintain water quality of Class I Waters.
- (11) Site Utilization - When harvesting plans include leaving a residual stand, reserved growing stock should be of desirable species, form, vigor and crown position which will assure adequate utilization of the site for efficient production of forest products.
(o) CRITICAL AREAS:
- (1) Design harvesting practices to assure the continuous growing and harvesting of forest tree species by suitable economic means, and also to protect soil, air, water, wildlife and recreational resources.
- (A) Obtain prior approval before operating near or within the following areas:
- (i) Critical wildlife or aquatic habitat sites that are listed in cooperative agreements with State Agencies.
- (ii) Habitat sites of any wildlife or aquatic species classified by the Department of Fish and Wildlife as threatened or endangered.
- (iii) When conducting operations in or along wetlands or along lakes, springs, seeps, or wet meadows, protect soil and vegetation from distur bances which would cause adverse effects on water quality, quantity and wildlife and aquatic habitat.
- (iv) Minimize compaction and movement of topsoil on mechanical clearing projects. Place debris above the high water mark of any stream or body of open water.
- (v) Slash, logs and other large quantities of organic material shall not be incorporated into landing fills.
- (vi) Whenever practical, retain snags for wildlife habitat.
(p) HIGH RISK SITES:
- (1) Obtain prior approval before conducting harvesting operations on high risk sites.
- (2) Written plans, where required for harvesting in high risk sites, will describe how harvesting operations will be conducted to minimize impact upon soil and water resources.
- (A) Written plans may include the following items:
- (i) Yarding systems that will minimize soil disturbance.
- (ii) Establishing or maintaining plant species that will enhance slope stability in harvesting areas.
(q) ANNUAL REVIEW: The Tribal Forester shall meet with the Timber Committee each year to review the Forest Practices Ordinance rela tive to sufficiency. The Tribal Council shall receive a summary of the meeting or meetings together with recommendations for amend ments to the Ordinance.
- (1) The Tribal Council hereby authorizes the Tribal Forester to enforce this Ordinance. If the Tribal Forester determines that a violation of this ordinance has occurred, then the Tribal forester shall notify the operator in writing that a violation has occurred. The notification shall specify the action the operator shall take to prevent further damage, and/ or to restore the area to its previous state.
- (2) If damage occurs that is irreparable, then action such as suspension of operations, and/or a fine to recover damages may be levied against the operator by the Tribal Forester.
- (3) An appeal can be made to the Tribal Court upon its establishment, or to the Tribal Council pending establishment of the Tribal Court.
- (4) The Tribal Council hereby authorizes the Tribal Forester to carry out the applicable terms of any agreement entered into between the Tribal Council and any Federal, state or local law enforcement agencies for the enforcement of Tribal, Federal or state laws on Reservation lands; provided, how ever, that this section and any such law enforcement agree ments shall not limit the authority of the Grand Ronde Tribal Fishery, Wildlife and Gathering Committee and Hunting, Fishing and Newsletter Coordinator in carrying out their respective duties and functions."
Much of the information contained in this ordinance was taken from the Oregon Forest Practice Rules, Northwest Oregon Region.
CERTIFICATION: The Tribal Council for the Confederated Tribes of the Grand Ronde Community of Oregon passed this Resolution at a meeting held on September 6, 1989, by a vote of 6 yes, 0 no, and 0 absentions.
Mark Mercier, Tribal Chairman
Kathryn Harrison, Secretary