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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (Aug. 28, 1987)
Warm Springs, Oregon August 28, 1987 PAGE 7 Gllisforif, ccilfurer Jradftion, heritage basis for ordinance Spilyay Tymoo "Protection, preservation and en couragement of tribal and Indian history, culture, tradition and her itage" is the basis of the recently passed Ordinance 68. Originally introduced by Warm Springs archaelogist Dan Mattson the ordinance began as a policy statement dealing with archaelogi cal sites. It supplemented federal legislation in regards to those areas. In the past the Bureau of Indian Affairs has managed the Warm Springs historical resource because there existed no tribal policy. With passage of this ordinance, titled "Protection and Management of archaeological, historical and cul tural resources," the tribe now has "control of their own resources," explains tribal archaeologist Dan Mattson. The ordinance grew from the original policy statement to include a wide range of resources. Com munity members. Mid-Oregon Indian Historical Society, Culture and Heritage department and Cul ture and Heritage committee among others contributed to the final docu ment. "Anything the Tribe wants to designate as a cultural site would be included under the protection." says Mattson. A permit will be required for any type of study on archaeological and historical sites on tribal lands and in ceded and traditional areas. Indians who knowingly violate the ordinance will be subject to civil and criminal penalties. Non-Indians will be prosecuted under civil law. Attached to the ordinance is the requirement for studies by the Land Use Committee and Heritage com mittee and Mid-Oregon Historical Society. The Land Use Committee must promulgate procedural rules for issuance of permits for archaeolog ical, historical and cultural studies within a six month period. Culture and Heritage committee must prepare a report to Tribal Council within one year, setting forth tribal traditions with regard to the exercise of tribal treaty rights for hunting, fishing, pasturing and root and berry gathering. They must also report on the traditions and customs applying to cultural materials. Two years is allowed forMOIHS andHhe Culture and Heritage com mittee to prepare a report which would enable Tribal Council to designate archaeological, cultural and historical sites and to desig nate sites to appropriate state, coun ty and city officials to effectuate the implementation of LCDC Goal 5, Tribal Council added a state ment to the ordinance that nothing in this ordinance should encourage studies of these sites but the ordi nance should be aimed at control ling such studies. Warm Springs Tribal Code Chapter 490 Protection and management of archaeolog ical, historical and cultural resources 490.001 Tribal Policy and Legislative Intent. The Confederated Tribes of the Warm Springs Reservation of Oregon does affirm its authority and commitment to pre serve, protect and promote tribal culture and heritage. This trust includes the man agement of ancient and contemporary cul tural use sites and materials which are fun damental in the recognition of traditional lifeways, values and histories of the Tribes. These cultural sites and materials include those associated with traditional foods and other natural resources, other sacred sites as designated by the Tribes, habitations, and historical events and personalities. It is rec ognized that these are an invaluable, irre placeable and endangered tribal resource. It is a basic tribal intent that these resources be protected and preserved within the tradi tional tribal territorial limits. In keeping with this intent, the followng policies are established: I. A program shall be established to increase efforts in locating, documenting and evaluating ancient, cultural and his toric sites. This information vi II provide a record of the past for future generations, and will be incorporated into land use man agement planning. Information on sites re corded in the ceded area will alio be col lected and evaluated. 2. Tribal laws and policies are established by thit Chapter that will protect archaeo logical, cultural, and hiitorical titei and materials. Other federal and Kale lawi also impact (hit lubject. Thoie federal and Kate acti include, but are not limited to, 16. U.S C. (461. Historic Sitei. Buildings and Antiquities; 16 U. S C. 8469. Reservoir Sal vage Act of 1 960; 1 6 U.S.C. J 469. Archaeo logical and Historic Preservation; 16 U.S. C. (4709. National Historic Preservation; 376 C.F.R. 800. Protection of H istoric and Cul tural Property; 42 U.S C. 1 4321. National Environmental Policy; 42 U.S C. ft 1996, American Indian Religious Freedom Act; ORS 273.705. Removal of Historical and Other Valuable Materials; ORS 338.905. Archaeological Objects and Sites; ORS 97.740. Protection of Indian Craves; ORS 358.605. Historic Preservation Plan: ORS 358.475. Classification of Historic Prop erty; ORS 358.635. Preservation of Prop erty of Historic Significance; ORS 390.805, Scenic Waterways; ORS 390.410. Colum bia River Gorge: ORS 271.715. Conserva tion Easements; OAR 345-26, Thermal Power Plants: OAR 345- 95. Uranium Mills; ORS Chapter 197. Comprehensive Land Use Planning Coordination; OAR LCDC Coal 5; OAR 660-16. Procedures for Complying With Statewide Goal 5. (3) All persons knowing the locations of archaeological, historical or cultural sites are urged to report this information to the Tribal Culture and Heritage committee or the tribal archaeologist. (4) All land use actions taken pursuant to the tribal Land Use Code shall take into consideration the possible impact of the land use action on archaeological, historical and cultural sites and materials. (5) The proposed museum and cultural center being developed by the Middle Oregon Historical Society will be the repository of cultural materials from tribal land and will house an information archive of all known ancient, historical and cultural sites on lands under tribal control. The center will also contain cultural site information from ceded lands. Access to the collections and archives for educational and research pur poses will be controlled by the Tribal Council. (6) All tribal members are encouraged to adhere to the above policies with reference to their own properties. (7) The Tribes encourage all property owners, land managers and developers in the Central Oregon area to adhere to fed eral, state and tribal laws protecting archaeo logical, cultural and historical properties. (8) The Tribes recognize that activities to preserve and maintain the Indian culture of its people is a legitimate and necessary tribal governmental function, and may require the expenditure of tribal funds. (9) The cultural education of tribal members is of equal or greater importance to the long-term welfare of the Tribes and its members, as is traditional schoolroom edu cation in that it provides the foundation for the continuance of the Tribes as a distinct political and cultural entity perpetually. ( 10) It is the policy of the Tribes to recog nize, respect and foster the wide range of cultural and traditional diversity present among the three constituent Tribes, Reser vation families, and individual Indians. (11) Although much of this chapter deals with the protection and preservation of Treaty rights established and recognized by the Treaty of June 25, 1855. with the Tribes and Bands of Middle Oregon, it is also rec ognized that the Confederated Tribes, as organized under the Wheeler Howard Act of 1934 consists of three tribes, the Warm Springs, the Wascos, and the Paiutes. All three tribes have valuable customs and tra ditions which are important to protect and for which the Confederated Tribes as an entity organized under the Wheeler How ard Act has the responsibility to protect and preserve. ( 1 2) This chapter should be read broadly to effectuate the intent of the Tribes to pro tect tribal interests on the Reservation, in the ceded area, and outside the ceded area. Nothing in thischapter should be construed to in any way limit Tribal Treaty rights. 6. "Historic site" meant an area desig nated as such by the Tribal Council which has particular historical value to the Con federated Tribes and which requires the protection ol this Chapter lo prevent dam age, abuse or deterioration. 7. "Indian" meant, unless otherwise spec ified, a member of the Confederated Tribes of the Warm Springs Reservation ol Oregon, or any other person of I ndian blood who is a member of a federally recognized Indian tribe or any other person on the Reserva tion who is recognized by the community at an Indian, including a Canadian Indian or an Alaska native. 8. "Protected lands" meant: a. all lands within the Reservation and b. all lands outside the Reservation which are owned by the Tribes or held by the United Statet in trust for the Tribes or its membert. 9. "Protected objects" mea ns archaeolog ical materials and objects of cultural or his toric significance obtained from cultural or historic sites. 10. "Protected sites" means archaeologi cal, cultural, and historical sites. 11. "Reservation" meant all territory within the external boundariet of the Warm Springs Reservation of Oreogn. 12. "Tribal Council" means the Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon. 13. "Tribes" meant the Confederated Tribes of the Warm Springs Reservation of Oregon. Protection Rules and Regulations 490.100 Prohibited Conduct 1. No person knowing or having reason to know that a protected site or object it involved shall excavate, injure, remove, damage, destroy or alter a protected site, or systematically remove a protected object located on protected lands unless that activ ity it authorized by a permit issued under WSTC 490.200. 2. No person knowing or having reason to know that a protected object is involved shall sell, purchase, exchange, transport, receive, or offer to sell, purchase or exchange any protected object if such object was excavated or removed from protected lands in violation ot: a. the prohibition contained in subsec tion I of this section, or b. any provision, rule, regulation, ordi nance, or permit in effect under any other provision of tribal, federal or state law. 3. The prohibitions contained in this sec tion shall take effect July 29, 1987. Nothing in subsection 2 of this section shall be deemed applicable to any person with respect to a protected object which was in the lawful possession of such person prior to July 29. 1987. 490.105 Criminal Penalties Any Indian who knowlingly violates, or counsels, procures, solicits, or employs any other person to violate, any prohibition contained in WSTC 490.100 shall, upon conviction, be fined not more than $500 or imprisoned not more than six months, or both. Such person may also be suject to the civil penalities provided for in WSTC 490.110. 490.110 Civil Penalties ' '' ' ' ' Any person violating the provisions of this Chapter commits a civil infraction punishable by fine or exclusion from the Reservation pursuant to WSTC Chapter 300. The infraction shall be punishable by a maximum fine of $500. The trial of any such infraction shall be by the Court without a jury and the prosecution shall have the burden of proving the alleged infraction by a preponderence of the evidence. There shall be no appeal from a judgment involv ing such an infraction. 490.010 Definitions 1 . "Archaeological material" means mat erial evidence of cultural activities of the past, at least 50 years in age. 2. "Archaeological site" means a geogra phical locality which contains archaeologi cal materials or features in contextual asso ciation with each other and the surrounding environment. 3. "Ceded area" means that area ceded to the United States by the tribes and bands of Middle Oregon in the Treaty with the Tribes of Middle Oregon dated June 25, 1855. 4. "Cutural material" means materials or objects designated by the Tribal Council as having cultural significance that are obtained from, a) protected lands, or b) outside the Reservation, if associated with treaty rights or other tribal rights. Cultural materials may include such things as eagle feathers, fish. game, roots, berries, cedar bark, Indian medicines and water having special signi ficance. 5. "Cultural site" means an area desig nated as such by the Tribal Council which has particular cultural, relgious or tradi tional value to the Confederated Tribes and which requires the protection of this Chap ter to prevent damage, abuse or deterioration. "SI "St: V: ' ' 'Jill ' ' ' a i anmum I Ml j - - r " Rock with personality An unusual rock was found by Pierson Mitchell while preparing the soil for a garden at his upper Dry Creek home. He kept it for awhile but because it projected a strange feeling to his grandchildren he felt the museum might be interested. The rock is now in possession ofMOlHS. 490.115 Civil Damages Any person violating the provisions of this Chapter shall be liable to the Confeder ated Tribes of the Warm Springs Reserva tion of Oregon for civil damages to be assessed by the Tribal Court after a hearing without a jury. "Civil damages" shall be interpreted liberally by the Tribal Court to include, but not be limited to, the following: 1. Costs of restoration of the protected site. 2. Enforcement costs associated with the enforcement of the provisions of this Chapter. 3. Costs associated with disposition of protected objects, including reburial. 4. Costs associated with documentation, testing, and evaluation of the protected site in order to assess the characteristics of the site. 490.120 Forfeiture of Contraband All protected objects obtained in viola tion of the provisions of this Chapter shall be deemed contraband and forfeited to the Confederated Tribes after a hearing with out a jury in Tribal Court. 490.125 Seizure of Security In the discretion of the citing officer, the officer may seize such property in the pos session of the defendant as the officer deems reasonably necessary to secure payment of any fine or civil damages which may be levied upon the defendant upon conviction of the infraction or crime. The officer shall, at the time of seizure, give to the defendant, a receipt accurately describing the item seized. 1 he ollicer shall lurther advise the defend ant of this right to post security pursuant to WSTC 200.725. The seizure and disposition of security pursuant to this Chapter shall be conducted in accordance with the provi sions of WSTC 200.70 through WSTC 200.740. 490.130 Removal from Reservation The citing officer may remove or escort from the Reservation any person commit ting a violation of this Chapter, other than Reservation residents, employees of the Confederated Tribes or employees of the federal government assigned to Warm Springs. Archaeological, Historical and Cultural Studies 490.200 Tribal Council Permission Required 1. A person knowing or having reason to know that a protected site or protected object is involved may not excavate or alter a protected site on protected lands, conduct a field investigation, or make an explora tory excavation on protected lands to deter mine the presence of a protected site, or systematically remove from protected lands any protected object, without first obtain ing a permit issued by the Tribal Council. 2. Persons conducting historical or cultu ral studies on the Warm Springs Reserva tion shall first obtain a permit issued by the Tribal Council. 3. The Land Use Committee shall develop procedural rules for the issuance of such permits. 4UtS VtolatfcMt of Permit Tenm Any person violating the terms of a per mit issued pursuant to WSTC 490 200 shall be subject to the provisions of WSTC 490 1 10 through W STC 490 130 in connec tion with such violations. Protection of Treaty Rights Outside The Warm Springs Reservation 490.300 Treaty Tarms, Tribal Policy, and Lfglslallvt Intent Ihe Treaty wiih the Trihct of Middle Oregon entered into on June 25. IK55. between certain tribes and bands of Indians residing in Middle Oregon and Ihe United States reserved lo Ihe Indians certain impor tant treaty rights in lands ceded by the Indi ans lo the United Statet. Ihe exterior boundariet of that ceded area are described at follows: "Commencing in the middle of ihe Columbia River, at Ihe Cascade Falls, and running thence touiherly lo the summit of ihe Cascade Mountains; Ihcnce along said tummil lo the forty-fourth parallel ol north latitude; thence east on that parallel lo ihe tummil of ihe Blue Mountains, or the west ern boundary of ihe Sho-Sho-ne or Snake country; thence northerly along that turn mil to a point due east from the head-watert ol Willow Creek; thence west to Ihe head watert of said creek, Ihcnce down taid stream to its junction with the Columbia River; and thence down ihe channel of the Columbia River to Ihe place of beginning." Contained within those boundaries was the Reservation area which was reserved by Ihe Treaty for the exclusive use of Ihe Tribes and whose boundaries arc described in Ihe Treaty as follows: Commencing in the middle of ihe channel of the De Chutes River opposite Ihe eastern termination of a range of high lands usually known as the Mutton Mountains; thence westerly to ihe summit of said range, along the divide lo its connection with Ihe Cas cade Mountains; thence to the summit of said mountains; thence southerly to Mount Jefferson; thence down the main branch of the De Chutes River; heading to this peak, to its junction with De Chutes River; and thence down the middle of the channel of said river to the place of beginning." Among Ihe important rights reserved by the Indians are those described in the Treaty as follows: "That the exclusive right of taking fish in the streams running through and bordering said reservation is hereby secured to said Indians; and at all other usual and accus tomed stations, in common with citizens of the United States, and of erecting suitable houses for curing the same; also Ihe privi lege of hunting, gathering roots and berries, and pasturing their slock on unclaimed lands, in common with citizens, is secured to them." It is the intent of the Confederated Tribes that the provisions of WSTC 490.300 through 490.340 are to protect Ihe tribal rights of hunting, gathering roots and ber ries, and pasturing stock on unclaimed lands outside the Warm Springs Reserva tion. It shall be the right and duty of the Tribal Council to define the nature and scope of such treaty rights. It is also recog nized that off-Reservation Treaty rights are not restricted solely to the ceded area. The Treaty tribes historically, both before and after the signing of the Treaty, exercised fishing, hunting and food gathering rights outside the ceded area. The Treaty contains no words limiting the exercise of off-Reservation rights to the ceded area. 490J10 Tribal Policy with Regard to Manage ment Activities Outside the Warm Springs Reservation It is the policy of the Confederated Tribes to encourage management activity by state and federal agencies outside the Warm Springs Reservation which will enhance, protect and preserve the treaty rights of the Confederated Tribes. It shall also be the policy of the Confederated Tribes to oppose all activity outside the Warm Springs Reser vation that adversely affects the treaty rights of the Confederated Tribes. The Tribes encourage the establishment of memoranda of agreement with appropriate persons and agencies to effectuate the policies contained in this section. - s .V..-T -7"N L ...... .- Xm-. fv-jf . 3 i tj A ) Tribes shall, upon Ihe advice ol traditional religious leaders, lake such actions as arc necessary to implement the provisions of the American Indian Religious Freedom Act. Traditional Indian religious leaders shall be responsible for expression and definition of traditional religious practices on the Warm Springs Indian Reservation. It shall be the prerogative and Ihe duty of the Tribal Council, only after consultation with traditional Indian religious leaders and the Culture and Heritage Committee, lo define traditonal Indian religious practices insofar as they relate lo the exercise ol tribal Treaty rights. 490.420 Protection of Sacred Sites and Recovery of Sacred Materials The Tribal Council shall take such actions as are necessary lo protect sacred sites iden tified as such by traditional Indian religious leaders. The Tribal Council shall dissemi nate information regarding the nature of tribal sacred objects as identified by tradi tional Indian religious leaders, and lake such actions as are necessary to recover sacred objects that have been illegally obtained. 490.430 Access to Sacred Sites The Tribal Council shall take such actions as it deems necessary to ensure that tribal members are gra riled access to sacred sites. Protection of Cultural Materials 490.500 Tribal Policy and Legislative Intent It is Ihe intent of this Chapter to protect . materials of particular cultural significance ot the Confederated Tribes. This regulation is intended to prevent abuse of tribal privi leges by individual members, lo protect cul tural materials so that they may be available for future generations, and lo define what are included as cultural meterials so that the public may be aware that Ihey have special significance to the Confederated 1 ribes. 490.320 Reports of Significant Activity Out side the Warm Springs Reservation Members of the Tribes, tribal employees, and others are hereby encouraged lo report to the Confederated Tribes all activity out side the Warm Springs Reservation which might adversely affect tribal treaty rights. 490.330 Exercise of Treaty Rights Outside the Warm Springs Reservation Members of the Confederated Tribes shall exercise treaty rights outside the Warm Springs Reservation as follows: 1. Hunting rights. Hunting rights shall be exercised in accordance with the provisions of WSTC 350.510 2. Root and Berry Gathering Sites. Root and berry gathering rights shall be exercised in accordance with tribal custom and tradi tion. 3. Pasturing rights. Pasturing rights shall be exercised in accordance with terms of a permit issued by the Tribal Council. Mem bers knowingly violating the terms of the permit shall be deemed guilty of a crime, and if found guilty may be punished by imprisonment for a term not to exceed six (6) months or by imposition of fine not to exceed $500, or both. 490.340 Revocation of Privilege to Exercise Treaty Rights Outside the Warm Springs Reservation Tribal members exercising treaty hunting, gathering and pasturing rights in violation of the terms of WSTC 490.330 may have those privileges revoked or suspended by the Tribal Council after a hearing. A Tribal Council resolution shall establish the terms and period of suspension or revocation. 490.350 Access to Sites for Ihe Exercise of Treaty Rights l noal members exercising treaty rights pursuant to the provisions of WSTC 490.300 lo 490.350 shall treat with respect the pri vate property rights of owners of land adja cent to unclaimed lands in which treaty rights are exercised. Tribal members shall endeavor to obtain the consent of the land owner lo gain access lo the unclaimed lands. Tribal members are encouraged to report to Ihe office of the Secretary-Treasurer instan ces in which private landowners have denied access to adjoining unclaimed lands. American Indian Religious Freedom Act 490.400 Tribal Policy and Legislative Intent On August II, 1978. Ihe Congress ol the United Slates enacted Public Law 95-4 1 (92 Stat. 469). known as the "American Indian Religious Freedom Act", which provides "on or after August 1 1. 1978. il shall be the policy of the United Stales to protect and preserve for American Indians their inher ent right of freedom to believe, express and exercise the traditional religions of the American Indian. Eskimo. Aleut and Native Hawaiian, including but not limited to access to sues, use and possession of sacred objects, and the freedom lo worship through ceremonials and traditional rites It is the policy of Ihe Confederated Tribes to sup port this act. 4MIt Protrctkm of Indian ReKgkxn Free dom The Tribal Council of Ihe Confederated 490.510 Designation of Tribal Cultural Materials The following materials are hereby disig nated as cultural materials for the purposes of this Chapter. The list is not exhaustive and may be expanded by amendment to this Chapter. Pelts; Huckleberries; Choke Cherries; Elderberries; Deer; Elk; Otter; Salmon; Trout; Eels; Sturgeon; Indian Herbal Med icines; Cedar Bark; Ealges; Tule Reeds; Wild Celery; Camas; Bitterroot; Biscuitroot; Luksch (desert parsley); Wild Onion; Wild or Indian Potatoes; Yellow Bells; Pine Nuts; Acorns; Sunflowers; Bear; Cougar; Water; Mistletoe; Pine Black Lichen; Wild Rose Bushes; Pine Moss; Scraping Rocks; Obsidian; River Bottom Rocks; Ochre; Wil low; Red Willow; Alder; Chinkapin; Kin nick Kinnick; Blackberries; Pine Needles; Juniper; Black Sagebrush; Beaver and Mushrooms. 490.520 Prohibited Acts No tribal member shall gather, collect, possess, sell, barter, exchange, purchase, offer lo sell, purchase or exchange, or transport any cultural material in violation of tribal laws, traditions or customs. Any tribal member doing so shall, in addition to any sanctions imposed by any other appli cable law, be subject to such traditional sanctions as may be determined by the Tri bal Culture and Heritage Committee. Oregon Act for Protection of Indian Graves 490.600 Tribal Policy and Legislative Intent Oregon Revised Statutes 97.740 through 97.760 provide for the protection of Indian graves. It is the policy of the Confederated Tribes to support enforcement of this Act. ORS 97.750 provides: "I. If such action is necessary to protect the burial from imminent destruction, and upon prior notification lo the State Historic Preservation OfTiceandtotheappropriate Indian tribe in the vicinity of the intended action, a professional archaeologist may excavate a Native Indian cairn or grave and remove material objects and human remains for subsequent reinterment under the supervi sion of the Indian tribes. "2. Except as provided in subsection (I) of this section, any proposed excavation by a professional archaeologist of the Native Indian cairn or grave shall be initiated only after prior written notification lo the State His toric Preservation Office and with the prior written consent of the Appropriate Indian tribe in the vicinity of the intended action. Failure of a tribe to respond to a request for permission within 30 days of its mailing shall be deemed consent. All material objects and human remains removed during such an excavation shall, following scientific study, be reinterred at the archaeologist's 490.830 TribalState Coordination The Tribal Council of The Confederated Tribes shall have the responsibility for coordination with state and local govern ments implementing LCDC Goal 5. The tribal point of contact for such coordina tion shall he the office of the Secretary Treasurer of ihe Confederated Tribes. 490.840 Expedited Procedures for Sites in Developing Areas The Secretary-Treasurer of the Confed erated Tribesshalldevelopexpedited proce dures for l he evaluation of historic, cultural and archaeological sites located in areas under development. I he Confederated Tribes recognize that rapid response to requests for information by state and local governments is necessary for the effective implementation of LCDC Goal 5. and lo prevent hardship on the users of land. MUSeUm Site Continued from page 1 6. Reasonably close to utilities. Although several sites along U.S. Hwy. 26 have been inspected by the Board of Directors, the one that has been given the most atten tion is located across the highway from the old Senior Citizen homes on the first terrace above Shitike Creek southeast of Greeley Heights. This site would provide a com manding view of the valley and agency area, and be an excellent location for an impressive architec tual structure. The concerns about the site include access (whether or not the Tenino Road connector could be used by museum), suit ability of the site for building, and land ownership. This location would allow the museum to function as a visitor reception center and thus would be able to promote Kah-Nee-Ta Resort and other facilities on the Reserva tion to travelers unfamiliar with the area. It is anticipated that visits to the museum by the general public, area school groups, and local residents would be several times greater at the Hwy. 26 location than at Kah-Ncc-Ta. Year-round operation would be expected at the Hwy. 26 site, whereas winter closings at Kah-Nce-Ta could result from lower traffic count or inchmiate weather. expense under the supervision ol the Indian tribe. "3. In order to determine the appropriate Indian tribe under this section and ORS 97.745. a professional archaeologist or other person shall consult with the Commission on Indian Services which shull designate the appropriate tribe." Il is the intent of WSTC 490.6I0 lo pro vide a mechanism for expeditiously deter mining whether or not written consent lor an excavation shall be given pursuant lo 490.610 Procedures for Obtaining Consent A request for consent to excavate pursu ant to ORS 97.750 shall be presented to the Secretary-Treasurer for the Confederated 1 ribes. The Secretary-Treasurer shall direct appropriate representatives of the Confed erated Tribes to conduct an investigation of the matter and make a formal written report to the Tribal Council within 20 days recom mending whether or not consent lo the excavation be granted and if any granted, w hat, if any. conditions should be imposed on the excavation. Tribal Purchase of Artifacts 490.700 Purchase of Artifacts by the Middle Oregon Indian Historical Society. 1 he Confederated Tribes have chartered the MiddleOreogn Indian Historical Society to assist in the protection and preservation of the Tribes' culture. The Middle Oreogn Indian Historical Society has an accessions program to purchase or receive donations of artifacts and other materials having sig nificance to the Confederated Tribes. It is the policy of the Confederated Tribes that persons possessing materials with religious, historical, or cultural significance to the Confederated Tribes be encouraged to offer for sale or donate these materials to the Middle Oregon Indian Historical Society in order to prevent the dispersion and loss of materials important to the preservation of the culture of the Confederated Tribes. Oregon Land Conservation and Develop ment Commission Goal 5 Implementation 490.800 Tribal Policy and Legislative Intent Among other things. Goal 5 adopted by the Oregon Land Conservation and Devel opment Commission provides for invento rying and protecting historical, archaeolog ical and cultural sites. It is the policy of the Confederated Tribes to support Ihe imple mentation of Goal 5 and it is the purpose of WSTC 490.800 through 490.840 to estab lish a tribal mechanism to interact with state and local governments charged with imple menting LCDC Goal 5. The Middle Oregon Indian Historical Society, the Tribal Cul ture and Heritage Committee, and the Tri bal Culture Department, under the overall supervision of the Secretary-Treasurer of the Confederated Tribes, shall develop and present to the Tribal Council for adoption a plan for identifying, inventorying, and reporting significant historic, cultural, and archaeological sites for designation as such by the Tribal Council in areas outside the Reservation boundaries. The inventory plan shall contain objective and subjective crite ria to be used in deciding which historic, cultural, and archaeological sites are signif icant and warrant special protection. 490.820 Tribal Council Designation of Sig nificant Historical, Cultural and Archaeo logical Sites. The Tribal Council shall designate signif icant historic, cultural and archaeological sites as those terms are defined by WSTC 490.0 10 outside the Warm Springs Reserv a tion, and shall cause to be prepared a report detailing such sites in appropriate form to be presented to state and local officials to aid in the implementation of LCDC Goal 5. (