Colville Tribal Law and Order Code, Title 4 - Natural Resources and Environment, Ch. 11-14

TITLE 4 - NATURAL RESOURCES AND ENVIRONMENT, CH. 11-14

CHAPTER 4-1 FISH, WILDLIFE AND RECREATION
CHAPTER 4-2 WATERCRAFT REGISTRATION
CHAPTER 4-3 LAND USE AND DEVELOPMENT
CHAPTER 4-4 CULTURAL RESOURCES PROTECTION
CHAPTER 4-5 ON-SITE WASTEWATER TREATMENT AND DISPOSAL
CHAPTER 4-6 MINING PRACTICES WATER QUALITY
CHAPTER 4-7 FOREST PRACTICES WATER QUALITY
CHAPTER 4-8 WATER QUALITY STANDARDS
CHAPTER 4-9 HYDRAULICS PROJECT PERMITTING
CHAPTER 4-10 WATER USE AND PERMITTING
CHAPTER 4-11 RANGELAND MANAGEMENT
CHAPTER 4-12 FOREST PROTECTION
CHAPTER 4-13 SOLID WASTE
CHAPTER 4-14 WILD HORSES
CHAPTER 4-15 SHORELINE MANAGEMENT
CHAPTER 4-16 HAZARDOUS SUBSTANCE CONTROL
CHAPTER 4-17 PUBLIC FACILITIES FINANCING
CHAPTER 4-18 INTERIM CONTROL CHAPTER TO REGULATE THE CONSTRUCTION/OPERATION OF AIR EMISSION SOURCES DECLARATION AND DEFINITIONS
CHAPTER 4-19 FIRE MANAGEMENT

CHAPTER 4-11 RANGELAND MANAGEMENT

GENERAL PROVISIONS

4-11-1 Definitions

(a) Adult Tribal Member" means a member of the Colville Tribes who has attained the age of 18, unless otherwise provided by the Business Council.

(b) "Department" shall mean the Range Department of the Confederated Tribes of the Colville Indian Reservation unless another department is clearly intended.

Tribes of the Colville Indian Reservation or his designee.

(d) "Tribal Lands" means land owned in fee by the Confederated Tribes of the Colville Reservation or a tribal member and/or land held in trust by the United States for the Tribes or individual tribal members.

(e) "Individually Owned Land" means land owned in fee by a member of the Confederated Tribes of the Colville Reservation or land or any interest therein held in trust by the United States for the benefit of individual Indians and land or any interest therein held by individual Indians subject to federal restrictions against alienation or encumbrance.

(f) "Permit" means a revocable privilege granted in writing limited to entering on and utilizing forage by domestic livestock on a specified tract of land.

(g) "Rangelands" means those lands which are currently used for or have the potential to be used for the grazing of domestic livestock or wildlife.

(h) "Secretary" means the Secretary of the Interior or his authorized representative, acting pursuant to delegated authority.

(i) "Superintendent" means the Superintendent of the Bureau of Indian Affairs of the Colville Indian Agency.

4-11-2 Purpose and Objectives

(a) It is the purpose of this Chapter to:

(1) Support the integrated management and preservation of the land, water, fish, forest, vegetation, wildlife, and recreational values on rangelands within the Colville Reservations and improve and build up these resources where they have deteriorated;

(2) Promote use of the range resource by Colville tribal members to support them in earning a living, in whole or in part through the grazing of their own livestock;

(3) Provide for the administration of a grazing management program which will:

(A) Yield the highest rate of return to grazing permittees consistent with the principles of sustained yield management;

(B) Promote long term resilient and sustainable rangeland ecosystem conditions;

(D) Promote fulfillment of the overall trust obligations of the federal government as administered by the Superintendent, Colville Indian Agency;

(E) Preserve and promote tribal authority and provide processes to implement such authority as recognized in federal law.

(4) Promote the use of an ecosystem approach as defined and developed by the Natural Resources Department of the Colville Confederated Tribes in managing rangelands. (b) This Chapter shall be construed as consistent with the objectives set out in federal law related to the management of tribal rangelands.

4-11-3 Jurisdiction

Unless otherwise exempted by this Chapter or federal law, this Chapter shall apply to all tribal and individually owned rangelands located within the exterior boundaries of the Colville Reservation including all persons and property thereon.

4-11-4 Civil Remedy

Any violation of this Chapter or regulation adopted hereunder for which a remedy is not otherwise provided by this Chapter shall be subject to a civil fine as provided by this Code. Nothing in this Chapter shall preclude the Tribes from filing criminal charges to the extent permissible under tribal law.

4-11-5 through 4-11-29 [Reserved]

MANAGEMENT OF RANGELANDS

4-11-30 Range Units

All rangelands under the jurisdiction of the Tribes shall be consolidated into management units. This shall be conducted by the Business Council upon consideration of the recommendations of the Director, in a manner which will best meet the needs of the Tribes, the permittees, land ownership status and proper land use.

4-11-31 Grazing Capacity

Subject to the approval of the Business Council, the Director shall prescribe the maximum number of livestock which may be grazed on each range unit and the season, or seasons of use to achieve the purpose and objectives of this Chapter. The grazing capacity so prescribed shall take into consideration the implementation of tribal objectives, the objectives of the integrated resource management plans as developed by the Natural Resource Management department, and the land use and conservation requirements of this Chapter. Stocking rates shall be reviewed on a continuing basis and adjusted as conditions warrant.

4-11-32 Grazing Seasons

No livestock shall be turned on the open range at the beginning of the grazing season until properly authorized by the Business Council upon the recommendation of the Director. All stock shall be promptly removed from the range at the end of the grazing season.

4-11-33 Grazing Fees

(a) The Business Council shall determine the minimum grazing fees for the issuance of grazing permits. Any Indian corporations, Indian associations, or adult tribal members of the Tribes obtaining a permit without competitive bidding as provided by this Chapter, shall be required to pay not less than the minimum rate established by the Business Council in accordance with this section, for all non-Indian owned livestock which they may be authorized to graze in accordance with the grazing permit issued.

(b) Landowners in giving the Business Council written authority to grant grazing privileges on their individually owned land as provided by this Chapter, may stipulate a minimum rate above that established in accordance with this section if justified because of the above average value. Landowners may also stipulate a lower rate than the reservation minimum, subject to approval of the Business Council, when the permittee is a member of the landowner's immediate family.

(c) In addition to the grazing fee, the permittee shall pay annually in advance a fee as determined by the Business Council, to cover the cost of work performed in the preparation of grazing permits.

(d) All fees related to livestock grazing on the Colville Reservation shall be billed for and paid annually in advance to the Tribes. The due date for annual grazing fees shall be made a provision of the permit. Failure to make payment will subject the grazing permit to cancellation and may disqualify the permittee from future permits.

4-11-34 Conservation and Land Use Requirements

Livestock Grazing within the Colville Reservation shall be conducted in accordance with recognized principles of proper range management and conservation and the protection of nonlivestock uses including but not limited to fish and wildlife habitat, water quality, vegetation and recreation.

4-11-35 Range Improvements—Ownership

Improvements placed on permitted rangelands shall be considered affixed to the land and cannot be constructed or removed without written permission secured by the Director. This section shall not apply if the improvement is specifically excepted therefrom under the permit terms which will include the maximum time allowed for removal of such improvements.

4-11-36 Range Management Plan

Every five (5) years the Director shall produce and implement, upon approval of the Business Council, a range management plan designed to carry out the provisions of this Chapter.

4-11-37 through 4-11-69 [Reserved]

MANAGEMENT OF LIVESTOCK

4-11-70 Counting Livestock—Moving Permit

All livestock authorized to graze upon or trail over restricted Indian land must be counted by a tribal representative or by the Superintendent or his representative. Arrangements must be made for counting all livestock before they enter or leave the reservation. Permittees or owners trailing livestock are required to notify the Director a sufficient length of time in advance to permit it to have a representative present when stock are counted on or off the Reservation.

4-11-71 Branding and Inspection

(a) All livestock grazing on the Colville Reservation shall be properly branded with a registered Washington State brand.

(b) In order to secure compliance with this Chapter and correct conditions injurious to livestock on the open range, all livestock being transported or driven to, from or within the boundaries of the Colville Reservation are subject to brand inspection or examination for disease by a tribal representative or a representative of the Superintendent. A moving permit shall be required for all livestock trucked to and from the reservation. Such livestock shall be checked by a representative of the Tribes or the Superintendent who, if appropriate, shall issue the moving permit.

4-11-72 Trust Lands

No livestock shall be driven upon or across any tribal lands within the reservation without first securing a crossing permit from the Superintendent and, unless otherwise exempted, paying a crossing fee as determined by the Director.

4-11-73 Control of Livestock Disease

(a) Whenever livestock on Indian lands become infected with contagious or infectious diseases, or have been exposed thereto, such livestock must be treated and the movement thereof restricted in accordance with applicable federal, state and tribal laws. Animals that die from contagious or infectious diseases shall be burned at once and the carcasses of all animals which die close to water, trails, or other places where they will be a nuisance shall be removed immediately.

(b) Lessees or permittees are required to participate in the State-Federal Brucellosis Eradication Program. All herds must participate in the area certification and recertification program and when found to be infected, must remain under quarantine, be segregated from all other herds, and complete scheduled retests until released from quarantine.

(c) All female calves to be kept for breeding purposes should be vaccinated between three (3) and eight (8) months of age. Breeding cattle being transferred into the Indian lands covered by lease or permit must originate:

(1) From herds that are in a Modified Certified or Certified Free Area not under quarantine for brucellosis; or

(2) From herds that are officially vaccinated female animals under thirty (30) months of age; and

(3) From herds which have tested negative to the blood test within the past twelve (12) months, and the animals moving into the area have tested negative to the blood test not more than thirty (30) days prior to entry.

4-11-74 Kind of Livestock

Upon consideration of the recommendations
of the Director, the Business Council may determine the kind of livestock, e.g., cattle, sheep, etc., that may be grazed on range units within the reservation. The kind of livestock shall be subject to the grazing capacity determined in accordance with this Chapter and the conservation and land use requirements of this Chapter.

4-11-75 through 4-11-99 [Reserved]

GRAZING PERMITS

4-11-100 Grazing Permits

Unless otherwise provided by this subchapter, all use of range units for livestock grazing, shall be authorized by a grazing permit issued by the Business Council upon the recommendation of the Director. Unless otherwise provided by the Business Council, each grazing permit shall last for a period of five (5) years and nonmembers whose permanent residence is not within the boundaries of the Colville Indian Reservation shall not be permitted to graze livestock on the reservation.

4-11-101 Individually Owned Lands

Except as provided by this section, any individually owned lands shall be excluded from the permitting process. The Business Council may include individually owned land in grazing permits on behalf of: (a) Orphaned minors;

(b) Persons who are not sound of mind and without legal guardians;

(d) Adults whose whereabouts are unknown;

(e) Heirs or devisees, none of whom are using the land and who have not been able to agree upon the permitting of their land during a three (3) month period, and after notice given by posting a general notice in all post offices on the Reservation;

(f) Any owner who gives the Tribes written authority to grant grazing privileges; and

(g) Any other minor or person who is not sound of mind or is otherwise under legal disability, if that person's guardian, conservator, or other fiduciary, appointed by a State or tribal court of competent jurisdiction, gives the Business Council written authority to grant grazing privileges.

4-11-102 Issuance of Grazing Permits

(a) Unless otherwise provided by this section, grazing permits shall be advertised for competitive bid by the Director. Advertisements:

(1) shall be for a thirty (30) day period unless otherwise authorized by the Business Council;

(2) shall call for sealed bids;

(3) may provide for oral auction subsequent to sealed bid opening at the discretion of the governing body; and

(4) shall limit the privilege of meeting high sealed bids of non-Indians to adult tribal members, Indian corporations, and Indian associations, according to preference determined by the Business Council.

(b) The Council reserves the right to reject any or all bids.

(c) The Business Council may authorize the issuance of grazing permits by negotiation when, in its discretion, no useful purpose would be served by advertisement. Negotiated permits shall be limited to the grazing capacity established pursuant to this Chapter.

(d) The Business Council may authorize the issuance of grazing permits without competitive bidding on rangelands within the reservation to Indian corporations, Indian associations, and adult tribal members of the Tribes. Tribal members residing on or near the reservation may be given preference in issuance of permits over members residing away from the reservation providing land ownership patterns dictate this to be logical.

(e) Grazing permits shall not be issued to persons owing delinquent fees or other payments under this Chapter.

4-11-103 Special Permit Requirements and Provisions

(a) All grazing permits shall provide that:

(1) The permittee agrees he will not use, cause, or allow to be used any part of the permitted area for any unlawful conduct or purpose;

(2) If the Director finds upon examination of the range, at any time after issuance of the permit, the condition of the range requires adjustment in the amount or other respect of grazing use, the permittee shall adjust his use to the extent the Director deems necessary;

(3) The permit authorizes the grazing of livestock only and the permittee shall not utilize the permitted area for hay cutting, post or timber cutting, or any other use without written authorization from the Business Council.

(b) Nothing in this Chapter shall be construed to affect the general privileges shared by all tribal members to access on tribal properties.

4-11-104 Bonding and Insurance Requirements

(a) The Director may require the permittee to submit a performance bond that will reasonably assure performance of the permit obligations. A bond when required, may be for the purpose of guarantying the estimated construction cost of any improvement to be placed on the land which will become the property of the landowner or to insure compliance with special or additional contractual obligations.

(b) The permittee may be required to provide insurance in an amount adequate to protect any improvements on the permitted premises; and may also be required to purchase appropriate liability insurance and such other insurance as may be necessary to protect the landowner's interest.

4-11-105 On-and-Off Grazing Privileges

The permittee may be allowed credit for the grazing capacity of other rangelands not covered by the permit, but which are owned or controlled by him and grazed in common with the permitted lands as a part of the range unit. The grazing capacity will be determined by the Director and shown on the grazing permit.

4-11-106 Assignment of Grazing Privileges

Grazing permits shall not be assigned, subpermitted or transferred without the consent of the Business Council. In addition to any other penalty provided for a violation of this Chapter or a permit issued under this Chapter, any income received by the permittee for a violation of this section shall be returned to the Tribes and the permittee may be subject to civil penalties as provided by this Code.

4-11-107 Modification and Cancellation of Permits

(a) Following a hearing on the record as provided by the administrative procedures provisions of this Code, the Director may revoke or withdraw all or any part of a grazing permit by cancellation or modification for a violation of the permit or this Chapter.

(b) The Business Council may, without the necessity of a hearing by cancellation or modification, revoke or withdraw all or any part of:

(1) A tract of individually owned land from a grazing permit upon the request of the individual Indian owner(s) on one hundred and eighty (180) days written notice;

(2) Any lands on thirty (30) days written notice if the Tribes no longer has jurisdiction over such lands.

4-11-108 through 4-11-139 [Reserved]

TRESPASS AND RELATED VIOLATIONS

4-11-140 Acts Prohibited on Restricted Lands

The following acts are prohibited under this Chapter:

(a) Grazing upon or driving across any individually owned or tribal lands of any livestock without an approved grazing or crossing permit;

(b) Unless otherwise provided by this Chapter, allowing livestock to drift and graze rangelands without an approved permit;

(c) The grazing of livestock upon rangelands within an area closed to grazing of that class of livestock;

(d) The grazing of livestock upon an area of rangeland withdrawn from use for grazing purposes to protect it from damage, after the receipt of notice from the Director of such withdrawal, or refusal to remove livestock upon instructions from the Director when an injury is being done to the rangeland by the improper handling of livestock;

(e) The grazing of livestock in violation of any provision of this Chapter or any other resolution or Chapter of the Colville Business Council.

4-11-141 Notice and Order to Remove

(a) When it has been determined that a violation under this subchapter exists and the owner of the unauthorized livestock or violator is known, the Director shall serve written notice upon the alleged violator or his agent by certified mail return receipt requested, or personal delivery and a copy of the notice s hall be sent to any known lien holder. The notice shall set forth the act constituting the violation, the legal description of the land where the livestock were observed, the verification of brands in the Washington State Brand Book, and the law or regulation alleged to have been violated. The notice shall also instruct the alleged violator to remove the livestock or take other action necessary to terminate the violation within a specified time, allow a specificized time from receipt of the notice to show that there has been no violations, or pay a penalty and damages as determined under this subchapter. If the alleged violator fails to comply with the notice, the Director may impound the livestock involved as provided in this subchapter. The Director may notify the alleged violator orally in addition to written notice as it deems necessary.

(b) When neither the owner of the unauthorized livestock nor his representative is known, the Director may impound the livestock as provided in this subchapter upon the posting of notice in two public places on the reservation.

4-11-142 Penalties and Damages

(a) The amount due the landowner and/or the Tribes for a violation of this subchapter shall be determined by the Director as follows:

(1) A fine, payable to the Tribes of $2.00 per head for each day of trespass or violation;

(2) If applicable, a reasonable value of forage consumed, payable to the landowner or the Tribes as appropriate, based upon the average rate received per month for comparable grazing privileges on the reservation for the kind of livestock involved, or the estimated commercial value for such privileges if no comparable grazing privileges are sold;

(3) Any damages to private or tribal property injured or destroyed; and

(4) All expenses to the Tribe, incurred in gathering, impounding, caring for, and disposing of livestock in cases which necessitate impoundment under this subchapter.

(b) Neither the imposition of any civil penalty nor any action under this section shall preclude either any civil actions by the Tribes or a private land owner for damages caused by trespassing livestock or prosecution for any offense involved with such trespass.

(c) The Director shall take action to collect all such penalties and damages, reimbursement for expenses incurred in impoundment and disposal, and seek injunctive relief when appropriate. All payments for such penalties and damages shall be credited to the landowners where the trespass occurs except that the value of forage or crops consumed or destroyed may be paid to the lessee of the lands not to exceed the rental paid, and reimbursement for expenses incurred in impoundment and disposal shall be credited as appropriate.

4-11-143 Demand for Payment

Where the livestock have been removed or the violation otherwise terminated, but satisfactory settlement has not been made within the time prescribed under this section the Director shall send by certified letter, return receipt requested or personally deliver to the livestock owner or his agent, and a copy of the letter shall be sent to any known lien holder. The letter shall demand immediate settlement and advise the violator that unless settlement is received within five (5) working days from the date of receipt, the case may be referred to the tribal prosecutor for appropriate action.

4-11-144 Impoundment

(a) Livestock which may be impounded as provided by this subchapter, may be impounded at any convenient place on the Reservation by the employees of the Department. Within twenty four (24) hours after impoundment, the person impounding the livestock shall register the same with the Tribal Court.

(b) Upon registration with the Tribal Court, the judge shall set a date and time for a hearing to be held concerning the impoundment. The hearing shall be held not less than five (5) days after service or mailing of the notice as provided herein, whichever is later, if the owner is known, unless the owner requests and is granted an earlier date, and not less than fourteen (14) days after posting of the notice as provided herein, if the owner is unknown. If the owner of the livestock is known, the notice of hearing may be personally served or sent by certified mail. If the owner of the livestock is unknown, the notice shall be served by posting notice in two public places on the Reservation.

(c) The notice of hearing shall state that the livestock have been impounded, the name of the person impounding them, and the reason therefor, the brand if any, a general description of the place where the trespass or other violation occurred, and the present location of the livestock impounded and the keeper thereof, and the time, date and place of the hearing.

(d) The tribal prosecutor shall represent the Tribes in a hearing under this section. If the Court determines by a preponderance of the evidence that the impounded livestock were grazing in violation of this Chapter, the Court shall enter judgment for penalties and damages as provided by this subchapter. In addition, the Court shall order the impounded livestock sold, in a commercially-reasonable manner, fourteen (14) days from the date of the hearing to pay the amount of judgment and the fine, unless the owner shall pay such amount, in addition to the charges accrued up to the date of payment and costs of the hearing.

CHAPTER 4-12 FOREST PROTECTION

GENERAL PROVISIONS

4-12-1 Definitions

(a) "BIA" means the Bureau of Indian Affairs of the U.S. Department of the Interior.

(b) "Forest products" means and include logs, spars, piles, poles, boom sticks and shingle bolts and every form into which a felled tree may be cut, which shall include but not be limited to firewood, stove wood, cord wood, posts, etc.

(c) "Forestry activity" means any conduct relating to the burning, sale, harvesting, cuffing, logging, thinning, salvaging, dumping, and processing of timber or other forest product, such as firewood and pole posts.

(d) "Merchantable Dead Timber" means unharvested dead timber resulting from insect damage, fires, and wind throw and other causes.

(e) "Timber" means forest trees, standing or down, of a commercial species, including Christmas Trees.

4-12-2 Authority

This Forest Protection Chapter was adopted by Tribal Resolution Number 1981-688 of the Colville Business Council, pursuant to authority granted by the Constitution and By-Laws of the Tribes approved on February 26, 1938, by the Commissioner of Indian Affairs.

(Amended 1/24/03, Resolution 2003-37)
(Certified 1/24/03)

4-12-3 Civil Penalties

(a) All violations of this Chapter shall be considered civil in nature and the remedy imposed therefore shall not be deemed for any purpose a penal or criminal punishment and shall not effect or impair the credibility of a witness or otherwise of any person convicted thereof.

(b) Unless otherwise provided by this Chapter, Civil Actions for violations of this Chapter or regulations adopted under it shall be taken as provided by the Infractions; Field Bonds; Other Civil Violations and Forfeitures Chapter under this Code.

4-12-4 Expulsion

Nothing in this Chapter shall be deemed to preclude the remedy of expulsion against nonmembers for violation of this Chapter. An action for expulsion may be taken in addition to or in lieu of any other enforcement procedure provided for by this Chapter.

4-12-5 Trespassing

Violation of this Chapter by nonmembers shall be considered an immediate revocation of permission to enter the Reservation and may render the violator a trespasser as provided by 18 U.S.C. § 1165.

4-12-6 Federal Prosecution

This Chapter has been enacted to protect the natural resources of the Colville Tribes, and taking or using of said resources contrary to the terms of this Chapter constitutes theft of tribal assets. Federal prosecution for trespass (18 U.S.C. § 1165), theft of tribal assets (18 U.S.C. §1163), unlawful cuffing (18 U.S.C. §1853), or any other federal law designed to protect tribal assets may be initiated in addition to or in lieu of any other enforcement procedures provided by this Chapter.

4-12-7 Injunctions

Any activity conducted in violation of any provision of this Chapter may be enjoined in action commenced by the tribal prosecuting attorney in any appropriate court. This section shall not be construed to limit any other civil action or remedy available to the Tribes under tribal, state or federal law.

4-12-8 Enforcement

It shall be the duty of all peace officers, law enforcement officers, all law enforcement agencies of the Tribes and BIA, including the Tribal Police Department, Tribal Fish and Wildlife Department, BIA Special Agents, and the Tribal Prosecuting attorney to investigate, enforce, and prosecute all violations of this Chapter. Non-Tribal enforcement agencies shall not be deemed agents of the Tribes. Said law enforcement officers shall have the power and authority to apply for and execute all warrants and serve process of law issued by the courts in enforcing this Chapter.

4-12-9 Right of Entry in Course of Duty by Representative of Tribes

Any authorized assistants, employees, agents, appointees or representatives of the Tribes may, in the course of their inspection and enforcement duties as provided for in this Chapter pertaining to forestry activity, enter upon any lands, real estate, waters or premises except the dwelling house or appurtenant buildings on the Reservation whether public or private and remain thereon while performing such duties. In no event other than an emergency such as fire fighting shall motor vehicles be used to cross a field customarily cultivated, without prior consent of the owner. None of the entries herein provided for shall constitute trespass.

4-12-10 Prior Inconsistent Codes and Ordinances Repealed

Any Code or Ordinance or any provision therein of the Tribes which conflicts in any way with the provisions of this Chapter is hereby repealed to the extent that it is inconsistent with or is contrary to the spirit or purposes of this Chapter.

4-12-11 Severability

If any provision of this Chapter, or its application to any person or circumstances is held invalid, the remainder of the Chapter, or the application of the provision to other persons or circumstances is not affected.

4-12-12 Effective Date

This Chapter shall be effective from the date of its approval by the Business Council.

OFFENSES

4-12-40 Conducting Activity Without License as Violation

No person shall conduct any forestry activity for which a license or permit is required by rule or regulation of the Business Council, without the required license or permit issued by the Business Council, or its designee.

(a) It is unlawful to transport cut wood and/or cut poles without a current and valid resale, free-use and/or senior use transport tag issued by the Colville Tribes/BIA Forestry Department attached to said cut wood and/or poles.

(b) No transport tag shall be deemed valid unless it has been properly marked with the number of cords permitted on the tag. Unmarked tags shall be deemed to be in violation of this Chapter.

(Amended 1/24/03, Resolution 2003-37)
(Certified 2/5/03)

4-12-41 False or Misleading Statements as Violation

No person, in any application for a license or permit or in any book or record required to be maintained by the Business Council, or its designee, or in any report required to be submitted to the Business Council, or its designee, pertaining to forestry activity, shall make any false or misleading statement, or make any false or misleading entry or fail to maintain or make any entry required to be maintained or made, or refuses to produce for inspection by the Business Council, or its designee, any book, record, or document, pertaining to forestry activity, required to be maintained or made by tribal law or federal law.

4-12-42 Causing Person to Violate Chapter as Violation

No person shall cause, aid, abet, or conspire with another to cause any person to violate any provision of this Chapter.

4-12-43 Causing Person to Violate Rule or Regulation as Violation

No person shall cause, aid, abet, or conspire with another to cause any person to violate any rule or regulation pertaining to forestry activity on the Colville Reservation.

4-12-44 Violations Relating to Fraud or Deceit

No person conducting any forestry activity shall, directly or indirectly, in the course of such operation:

(a) Employ any devise, scheme, or artifice to defraud;

(b) Make any untrue statement of a material fact, or omit to state a material fact necessary in order to make the statement made not misleading, in light of the circumstance under which said statements are made; or

(c) Engage in any act, practice or course of operation as would operate as a fraud or deceit upon any person.

4-12-45 Obstruction of Public Servant in Administration or Enforcement as Violation

No person shall obstruct a public servant in the administration or enforcement of this Chapter by using or threatening to use physical force or by means of any unlawful act.

4-12-46 Working in Forest Activity Without License as Violation

No person shall work as an employee or agent or in a similar capacity for another person in connection with the conducting or operation of a forestry activity for which a license or permit is required by the Business Council, or its designee, without having obtained the applicable license or permit required by the Business Council, or its designee.

4-12-47 Unlawful Timber Cutting

(a) No person shall, without proper authority, sell, harvest, cut, log, thin, salvage, or process any timber on any land on the Reservation.

(b) All timber sales contracts shall carry the following provision:

"Prior permission of the Colville Business Council must be obtained, by tribal resolution, before the timber covered by this contract may be logged by other than Colville tribal enterprise or by certified Colville Indian Loggers."

4-12-48 Removal of Forestry Activity Landmarks

No person shall remove, alter, or destroy any boundary marker or other landmark erected by the Tribes or the BIA for use in forestry activity within the Reservation.

4-12-49 Firing Timber

No person shall set fire to any timber, woods, meadow, marsh, or field within the Reservation, except in accordance with a permit issued by the Business Council, or its designee.

4-12-50 Fire Fighting-Refusal of Aid

No person shall set, or fail to carefully guard or extinguish any fire, whether on his own land or the land of another, whereby the timber or property of another shall be endangered, or fail to respond to any lawful summons to aid in guarding or extinguishing any fire.

4-12-51 Permitting Spread of Fire

No person shall suffer fire originating on his own property to spread to the property of another.

4-12-52 Cutting or Destroying Trees Without Authority

No person shall go upon any lands owned by the Tribes or state, or by any person, firm or corporation, without the consent of the owner thereof, and cut down, cut off, top, or destroy any tree.

4-12-53 False Branding, Etc.

No person shall impress upon or cut in any forest products a mark or brand that is false forged, counterfeit, or unauthorized by the Business Council.

4-12-54 Forgery of Mark, Etc.

No person shall:

(a) Falsely make, forge or counterfeit a mark or brand registered or authorized by the Business Council and use it in marking or branding forest products;

(b) Sell, encumber or otherwise dispose of or deal in, or appropriate to his own use, any forest products having impressed thereupon a mark or brand registered or authorized by the Business Council;

(c) Cut out, destroy, alter, deface or obliterate any register mark or brand impressed upon or cut into any forest products; or

(d) Buy or otherwise acquire or deal in any forest products having impressed thereupon a registered mark or brand.

4-12-55 Rules and Regulations

No person shall violate any of the orders, rules, or regulations made by the Business Council, or its designee, pertaining to forestry activity. The BIA Timber Use Policy shall apply to the Forest Protection Chapter.

(Amended 1/24/03, Resolution 2003-37)
(Certified 2/5/03)

4-12-56 Stopping Motor Vehicles for Licenses or Permit Pertaining to Forestry Activity-Authorized

In order to investigate, enforce and prosecute all violations of this Chapter, all peace officers, law enforcement officers, and law enforcement agencies of the Tribes and the BIA Special Agents, are hereby empowered to require the driver of any motor vehicle being operated for the purpose of conducting forestry activity on any tribal land, tribal road, BIA road and any other land or highway within the Reservation to stop and display his or her license or permit to conduct forestry activity, for which a license or permit is required by the Business Council, and/or to submit the motor vehicle being used to conduct forestry activity to an inspection for possible violations of this Chapter. No person shall fail to stop as required by this section.

FORESTRY ACTIVITY AND TRANSPORTATION PERMITS

4-12-90 Forestry Activity Permit

All persons engaging in forestry activity within the boundaries of the Colville Reservation shall be required to have a forestry activity permit issued by the entity managing the timber on said land, unless such forestry activity occurs on fee land not owned by the Tribes or occurs on individual trust allotments, this section does not relieve fee and trust allotment owners from complying with applicable federal or other tribal law requirements and obtaining a permit if so required. A lawfully issued permit shall be deemed to also authorize the transportation of forest products, when said forest products are harvested in accordance with the permit.

(Amended 1/24/03, Resolution 2003-37)
(Certified 2/5/03)

4-12-91 Transportation Permit

Any person transporting forest products on the public roads within the boundaries of the Colville Reservation, who does not hold a lawfully issued forestry activity permit as required by tribal, federal or state law, or as required by a commercial timber manager, shall be required to have a tribal wood transportation permit issued by the Colville Tribal Natural Resources Department.

(Amended 1/24/03, Resolution 2003-37)
(Certified 2/5/03)

4-12-92 Administration of Permit System

The Colville Tribal Natural Resources Department shall be responsible for administering the permit system under this subchapter.

TIMBER SALVAGE

4-12-120 Timber Salvage

(a) Where feasible, merchantable dead timber shall be offered for sale under BIA regulations for timber sales without advertisement. Pursuant to BIA regulations for timber cutting permits, said sales shall be limited to enrolled members of the tribes.

(b) The stumpage rates for such timber shall be established annually at twenty-five (25%) percent of the average stumpage rate for each species, as shown in the Annual Forestry Report for the Calendar Year most recently ended.

(Chapter 4-12 Adopted 9/8/81, Resolution 1981-688)

(January 2003 version of Chapter 4-12)

CHAPTER 4-13 SOLID WASTE

4-13-1 Authority and Scope

Pursuant to the authority of the Colville Tribal Business Council, regarding the matter of solid waste storage, collection and disposal, and in the interest of enhancing the health, safety, and well being of residents of the Colville Reservation, and to minimize the detrimental effects of solid waste operations upon the environment, the following Chapter governing solid waste is adopted.

4-13-2 Definitions

For the purpose of this Chapter, the following words and phrases shall have meanings as set forth in this section:

(a) "Agricultural waste" means waste generated from field and row crops, orchards, dairies, feedlots, farms, ranches, etc., including, but not limited to, crop residue, animal manure, and orchard prunings.

(b) "Approved container" means a container that is durable, leakproof, corrosion resistant, rodent and insect resistant, easily cleanable, covered, in good condition, and limited to the following:

(1) Individual containers must be not more than 32 gallon capacity with tight fitting lids.

(2) Business and drop box containers must be compatible with the collection vehicle.

(c) "Approved site" means a disposal site or facility which has met all the requirements of these regulations and is approved by the department as the place for final depositing of solid waste.

(d) "Bulky waste" means large items of refuse, such as car bodies, and parts thereof, appliances, furniture, trees and stumps and/or other oversized wastes.

(e) "Collection" means the gathering or loading of solid waste and the movement of such waste to the place of utilization or disposal.

(f) Franchised service" means any fee-paid solid waste collection service existing prior to the adoption of this Chapter within the boundaries of the Colville Reservation.

(g) "Garbage" means putrescible material including, but not limited to, animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food; swill; and/or carcasses or parts of dead animals.

(h) "Hazardous wastes" include, but are not limited to, explosives, medical wastes, radioactive wastes, pesticides and/or other chemicals which are harmful to the public^'s health or the environment.

(i) "Litter" means solid waste that is scattered in a careless manner.

(j) "Open burning" means the burning of solid waste in an open area, or pile; or in a barrel or furnace with inadequate controls which yields an unsatisfactory residue and/or an unsatisfactory air effluent.

(k) "Person" means any individual, firm association, co-partnership, political sub-division, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

(l) "Plan of operation" means a document prepared and approved by the department which defines the objectives, procedures, responsibilities and management of the Solid Waste Management Project.

(m) "Premise" means a tract or parcel of land with or without habitable buildings.

(n) "Putrescible" means organic matter that is capable of being decomposed by microorganisms resulting in the formation of foul-smelling products.

(o) "Refuse" (See solid waste).

(p) "Department" means the Public Works Department of the Colville Confederated Tribes.

(q) ''Regulatory enforcement officer" means the person or persons charged with the responsibility of enforcing Colville Tribal civil laws, regulations, and tribal resolutions promulgated pursuant thereto and shall include all Colville Tribal:

(1) Law enforcement officers

(2) Parks and Recreation Program law enforcement personnel;

(3) Fish and Wildlife Program law enforcement personnel;

(4) Any other qualified individual authorized by tribal law to act as a regulatory enforcement officer.

(r)"Rubbish" means nonputrescible solid wastes, including ashes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, or litter of any kind.

(s) "Scavenging" means the uncontrolled removal of solid waste materials from containers, vehicles, or an approved disposal site.

(t) "Solid waste" means all putrescible and nonputrescible solid and semi-solid wastes (except body wastes) and including, but not limited to, garbage, rubbish, ashes, incinerator residue, bulky wastes, street cleanings, solid market and industrial wastes, demolition and construction wastes and discarded commodities.

(u) "Storage" means the confining, containing or stockpiling of solid waste for a limited period of time prior to collection, transportation, utilization, processing or final disposal.

(v) "Vehicle" means a commercial compactor or other conveyance that is easily cleanable and capable of transporting solid waste without spillage and/or littering.

(Amended 11/7/02, Resolution 2002-675)

4-13-3 Federal Law

This Chapter shall be constructed as consistent with the provisions of 42 USC § § 6901-6987 and to the extent such provisions are determined to be applicable to the regulation of solid waste on the Colville Reservation, they shall be incorporated by reference into this Chapter.

4-13-4 Storage

(a) All persons shall be responsible for the safe and sanitary storage of all solid waste accumulated at that premise until it is removed.

(b) Solid waste shall be stored according to the following provisions:

(1) Bulky waste and/or rubbish shall be stored in an approved container or in a manner that will confine the waste in one area, and not create a public nuisance.

(2) Garbage shall be stored in approved containers.

(3) Hazardous wastes shall be labeled as such and stored inaccessible to the public.

(4) Waste from medical and dental clinics, including infectious wastes shall be stored in containers with disposable plastic liners with special identification and stored inaccessible to the public.

(5) Agricultural waste shall be so stored as to minimize nuisance, fly, rodent, odor, and water pollution problems.

(d) Drop-box containers shall be periodically disinfected, and shall be steam cleaned and painted each year by the department.

(e) Approved individual containers shall be stored off the ground on racks or stands.

4-13-5 Collection

(a) The department shall arrange for the collection of solid waste on at least a weekly basis.

(b) All Colville tribal members living within the boundary of the Reservation, not participating in a franchised services, shall be required to subscribe to the refuse collection service. All non-tribal members shall be offered the opportunity to subscribe.

(d) Solid waste shall be collected in a manner that prevents spillage and/or littering. Should this occur, the waste should be immediately picked up and returned to the vehicle.

(e) Vehicles used for the collection of solid waste shall be cleaned weekly.

(f) Owners of vicious animals shall be required to control such animals to provide for the safety of the collector and prevent interference with collection service.

(g) No hazardous or agriculture waste will be collected by the department.

(h) Fees for collection services shall be established and collected by the department.

4-13-6 Disposal

(a) Only the department shall be authorized to operate an approved disposal site on the Reservation. No solid waste may be dumped or disposed of at any location on the reservation other than an approved solid waste disposal site or approved drop box location

(b) All building contractors and any person as defined by section 4-13-2(k) are required by this Chapter to submit to the department for review and approval a Solid Waste Disposal Plan prior to commencement of work to dispose of work site waste materials through the department or at the nearest approved landfill. The department shall issue a notice of non-compliance to any building contractor who fails to submit the plan, and impose a fine of $100.00 per day for each day that the Solid Waste Disposal Plan is not submitted to the department.

(Amended 2/22/00, Resolution 1999-117)
(Amended 11/7/02. Resolution 2002-675)

(c) No person, other than tribal members and residents of the Colville Reservation, shall be authorized to deposit or dispose of solid waste at an approved solid waste disposal site or approved drop box location. Tribal members shall be required to present a tribal membership card and non-members shall present an authorized card issued by the Tribal Public Works Department when entering any waste disposal facilities on the reservation.

Persons authorized to dispose of solid waste at an approved solid waste disposal site or drop box location shall not use these facilities to dispose of solid waste belonging to an unauthorized person. Parties who willfully violate this provision are subject to prosecution.

(Amended 11/7/02, Resolution 2002-675)

(d) There shall be no open burning of solid waste on the Reservation.

(e) No hazardous waste shall be deposited at any disposal site. Contact the department to arrange for proper disposal.

(f) Agricultural waste may be disposed of at an approved site by prior arrangement with the department.

(g) The disposal of septic tank pumping shall only be made at the Nespelem lagoons, unless otherwise approved by the department.

(h) All persons living within the boundaries of the Reservation, but not on an established collection route, shall dispose of solid waste at an approved site, or at approved drop box locations.

(i) Scavenging is prohibited on the Reservation except in areas designated by the department.

(Amended 6/17/98, Resolution 1998-92)
(Amended 11/7/02. Resolution 2002-675)

(j) All persons hauling solid waste to an approved site or approved drop box for disposal shall place a tarp over the solid waste to prevent the refuse from falling out of the truck on route to the disposal site. Failure to abide to this section shall result in the imposition of a $10.00 fine.

(Amended 11/7/02, Resolution 2002-675)

4-13-7 Unlawful Dumping

(a) It shall be a violation of this Chapter for any person to dump or deposit or permit the dumping of depositing of any solid waste or any other waste listed under this Chapter onto or under the surface of the ground or into the waters of this Reservation except as provided by this Chapter. This section shall not prohibit a person from dumping or depositing solid waste resulting from his own activities onto or under the surface of ground owned or leased by him when such action does not violate tribal law, or create a nuisance.

(b) Each day of a violation under this section, shall for the purpose of this section, constitute a separate violation. In addition, to any other remedy provided by this Chapter and unless suspended or modified by the Court, any person in violation of this section shall also pay a litter cleanup fee of twenty-five ($25.00) dollars per cubic foot of litter. The Court may in addition to or in lieu of part or all of the cleanup fee, require a person found responsible for illegal dumping or littering to remove all solid waste disposed of illegally; to restore the site to a condition acceptable to the department; and to dispose of the solid waste at an approved disposal site, or drop box location. The Court may order a violator to remove litter from an additional site, dispose of it lawfully, and restore the site, not caused by this violator.

(Amended 11/7/02 Resolution 2002-675)

(c) Whenever solid wastes dumped in violation of this section contain three or more items bearing the name of one individual there shall be a rebuttable presumption that the individual whose name appears on such items committed the unlawful act of dumping.

4-13-8 Regulations

The department shall, in accordance with the administrative procedure provisions in this Code, adopt regulations governing solid waste handling implementing the comprehensive solid waste management plan covering storage, collection, transportation, treatment, utilization, processing and final disposal including but not limited to the establishment of minimum levels and types of service for any aspect of solid waste handling. Such regulations shall assure that solid waste storage and disposal facilities are located, maintained, and operated in a manner which:

(a) Protects the public health and prevents air and water pollution;

(b) Avoids the creation of nuisances

(c) Considers geology, ground water, soil, flooding, surface water, slope, cover material, capacity, climatic factor, land use, and other factors as determined by the department; and

(d) Is otherwise consistent with this Chapter.

(Amended 11/7/02, Resolution 2002-675)

4-13-9 Solid Waste Advisory Committee

The Business Council may appoint a Solid Waste Advisory Committee to assist in the development of programs and policies concerning solid waste handling and disposal and to review and comment on proposed regulations, policies, or amendments to this Chapter prior to their adoption. Such committee shall consist of a minimum of five members each of whom shall have some knowledge and/or interest in solid waste issues.

(Amended 6/17/98, Resolution 1998-92)

4-13-10 Administrative Procedures

The department shall produce, implement and update every five years, upon approval of the Business Council, a comprehensive plan of operations which shall be designed to carry out the provisions of this Chapter. Such a plan shall be in compliance with all tribal laws and regulations related to the management of solid waste. The Plan of Operations shall serve as a guideline in the interpretation of this Chapter as it relates to the operation of the Solid Waste Management Project.

4-13-11 Enforcement and Penalties

(a) It shall be the duty of the Department to enforce the provisions of this Chapter equally on all persons living within the boundaries of the Reservation through the Tribal Fish and Wildlife Department, Parks and Recreation Department, Environmental Trust Department, the Solid Waste Department, Tribal Police, and the Tribal Court System. Except as otherwise provided by this Chapter, all violations of this Chapter or regulations promulgated under this Chapter shall be considered civil in nature, and shall be adjudicated as provided by Chapter 2-3 Infractions; Field Bonds; Other Civil Violations and Forfeitures under this Code. Any regulatory enforcement officer shall be authorized to issue citations pursuant to Chapter 2-3, Infractions.

(Amended 6/17/98, Resolution 1998-92)
(Amended 11/7/02 Resolution 2002-675)

(b) Any Liquidated Damage Schedule amount imposed against a first time violator may be waived if the violator remedies the violation and comes into compliance with the provisions of this Chapter within ten (10) days of service of the notice of infraction.

(Amended 11/7/02 Resolution 2002-675)

(c) Any Liquidated Damage Schedule amount imposed pursuant to the provisions of this Chapter and Chapter 2-3 shall be paid to the Solid Waste Department and placed into the Colville Tribes General Fund.

(Amended 11/7/02, Resolution 2002-675)

4-13-12 Repeal and Partial Invalidity

(a) If any Ordinance, Code, works, or rules and regulations of the Colville Tribe of Indians are in conflict with this Chapter, they are hereby repealed.

(b) If any section of this Chapter or part therefore shall be declared invalid, such decisions shall not affect the remaining portions.

4-13-13 Effective Date

This Chapter shall become effective on the date of adoption by the Colville Tribal Business Council.

(Chapter Amended 3/4/99, Resolution 1997-117)
(Chapter 4-13 Adopted 2/17/81, Resolution 1981-98)

(November 2002 version of Chapter 4-13)

CHAPTER 4-14 WILD HORSES

4-14-1 Policy

Wild free roaming horses are under the jurisdiction of the Colville Confederated Tribes and shall be managed as part of the natural resources of the Colville Indian Reservation. They shall be protected from unauthorized capture, branding, undue disturbance and destruction. They and their habitat shall be managed and controlled in a manner designed to achieve and maintain a wild horse herd on the Colville Indian Reservation.

4-14-2 Definitions

(a) "Wild free roaming horses" means all unbranded horses and their progeny that utilized any tribal lands within the Colville Reservation as all or part of their habitat including those horses given an identifying mark upon capture for live disposal by the Authorized Officer. Unbranded, claimed horses where the claim is found to erroneous are also considered as wild and free roaming if they meet the criteria above.

(b) "Authorized Officer" shall mean the Director of the Tribal Fish and Wildlife Department or his or her designee.

(c) "Wild horse range" means all of the lands owned or controlled by the Colville Indian Tribe including any specifically designated areas of land needed to sustain a herd or herds of wild free roaming horses which have been specifically designated as an exclusive habitat for such animals.

(d) "Malicious harassment" means any intentional act which demonstrates a disregard for the well being of wild free roaming horse or which creates the likelihood of injury, or its detrimental to normal behavior patters of wild free roaming horses including feeding, watering, resting, and breeding. Such acts include, but are not limited to, unauthorized chasing, pursuing, herding, roping, or attempting to gather or catch wild free roaming horses. It does not apply to lawfully conducted activities authorized by the Authorized Officer of the Colville Tribes.

(e) "Captured animal" means a wild free roaming horse taken and held in custody by the Authorized Officer, or held in private custody pursuant to an authorized permit issued under this Chapter.

4-14-3 Removal

The gathering or rounding up of wild free roaming horses or the engaging in any activity defined as malicious harassment on any tribally owned or controlled lands within the Colville Indian Reservation is prohibited without written authorization from the Authorized Officer. Also prohibited without written authorization from the Authorized Officer is the gathering or rounding up of branded horses where the branded animals are, or maybe intermingled with wild free roaming horses or where the gathering or roundup is likely to involve or affect wild free roaming horses.

4-14-4 Cooperative Agreements

The Authorized Officer may issue written permits to tribal members that authorize the member to roundup or capture wild horses on the Colville Reservation. In determining whether to issue a written permit the Authorized Officer shall consider the size and physical condition of the wild horse population on the Reservation, the effect of capture of some of those animals, and whether the authorized capture would be consistent with the continued well being and health of the wild horse herd or herds on the Reservation. The Authorized Officer shall also consider the number of wild horses caught by a single individual or family to insure that there is a fair chance for all tribal members to participate to the extent the herd or herds allow.

No roundup shall be authorized or undertaken in an inhumane manner, or where the captured animals are to be slaughtered or used for feed. All wild horses captured pursuant to permit issued by the Authorized Officer shall be used for recreational or professional use in a humane way.

The use of snares, tranquilizer guns, or motorized vehicles for pursuing or capturing wild horses, is absolutely prohibited, and if and when such devices or vehicles are found, they may be seized and forfeited under this Code.

4-14-5 Maintenance of Herd by Authorized Officer

The Authorized Officer is hereby authorized to undertake any activity determined by the Officer to be reasonable and necessary to insure the proper maintenance of the wild horse herd in numbers which will insure the perpetuation of the herd, but at the same time will not unduly interfere with the use of range area for other purposes pursuant to established tribal policy. Authorized activities include but are not limited to conducting surveys of inventories of the wild horse herd or herds on the Reservation, capturing or rounding up those animals which are lame, infirm or otherwise unable to care for themselves, and capturing or authorizing the capture by tribal members of surplus wild horses.

4-14-6 Acts of Mercy

Any severely injured animals will be destroyed in the most humane manner possible as an act of mercy.

4-14-7 Procedure for Capture and Roundup

The Authorized Officer shall establish written procedures for the authorization of tribal member capture and roundup of wild horses on the Reservation. Such guidelines shall establish the manner and method of such capture, the number of animals that each tribal member will be allowed to capture, the time for an authorized roundup and any other condition considered necessary to insure the proper management and maintenance of the wild horse herd or herds on the Reservation. The Authorized Officer is also authorized to enter into custodial arrangements with tribal members or other entities for the temporary care and maintenance of wild horses captured pursuant to this Chapter.

4-14-8 Permitting Conditions

An application to roundup or capture wild free roaming horses on the Reservation shall be made to the Authorized Officer between December 1 and February 28 of each year. The Authorized Officer shall examine the applications received and shall approve all or a part of the application for the roundup to take place. All round-ups and captures authorized shall be conducted between December 1 and February 28 unless specially permitted by the Authorized Officer. In those situations where the Authorized Officer has more than one approved application and where there are insufficient animals to allow a roundup by each applicant, the Authorized Officer shall either pro-rate the available animals among the approved applications, or conduct a lottery as the Authorized Officer deems appropriate.

4-14-9 Claimed Animals

Any person claiming ownership under tribal or state branding and Estray Laws of unbranded or branded horses on tribally owned or controlled lands where such animals are not authorized to be on those lands must present evidence of ownership to justify a roundup before permission will be given to gather such animals. Unauthorized privately owned horses may be claimed by filing an application with the Authorized Officer. After such public notice as the Authorized Officer deems appropriate to inform interested parties, he/she may authorize the gathering or roundup of such horses. The Authorized Officer shall provide in the authorization that the gathering or roundup shall be consistent with these regulations, shall establish in the authorization a reasonable period of time to allow the gathering of the claimed animals, and shall provide such other conditions in the authorization which he/she deems necessary to carry out the purposes of this Chapter.

Unauthorized horses which have been claimed and have been determined to be privately owned in accordance with the provisions of this section shall be considered to have been in trespass and may not be released until a proper trespass charge has been determined by the Authorized Officer. The trespass charge shall reasonably compensate the tribe for the use of the range by the trespassing animal.

4-14-10 Permitted Horses

Any person or entity that has a permit to graze horses on tribal land shall manage and control those horses consistent with this Chapter.

4-14-11 Riding Open Range

No person shall ride the open range unless he has a range permit in effect to roundup his own branded horses or lawfully permitted cattle or sheep, or unless he has a special permit issued by a range rider to:

(a) Any person who needs to ride open range.

(b) Any person who is hired by or registered by a tribal member or other person with a range permit, unable to ride for himself to roundup branded horses belonging to that other person.

(c) Any person with a range permit in effect who needs to roundup branded horses belonging to him during the period in which the range is closed.

(d) Any person who has a permit to roundup free roaming wild horses.

(e) Such permit shall include the name of the individual, a description of the horses, the location of the roundup, and the signatures of the owner and a range rider or police officer. Such permit shall be valid for a period established in the permit and shall be valid only for the animals and location designated and for such time needed to complete the roundup.

4-14-12 Violation

It shall be unlawful and a violation of this Chapter for any tribal member or other person under the jurisdiction and authority of the Colville Confederated Tribes to violate any provision of this Chapter including the capture and roundup of any wild horses without a written permit, or the malicious harassment of any such animals. Any person convicted of violating this Chapter shall be subject to a fine of $500.00 or imprisonment for a period not to exceed six (6) months or both.

(Chapter 4-14 Adopted 2/7/85, Resolution 1985-58)