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.
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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.
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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.
(