OAR 350-081-0084
Indian Tribal Treaty Rights and Consultation


Indian Tribal Treaty Rights and Consultation in the General Management Area.

(1)

Tribal Government Notice:

(a)

New uses located in, or providing recreation river access to, the Columbia River or its fishbearing tributaries shall include the following supplemental information:

(A)

The site plan map shall show adjacent river areas at least 12 mile upstream and downstream from the project site, the locations at which river access is planned, and the locations of all tribal fishing sites known to the project applicant.

(B)

The site plan text shall include an assessment of the potential effects that new uses may have on Indian treaty rights. The assessment shall:
(i)
Describe the type of river access and uses proposed, estimated period when the development would be used, and anticipated levels of use (people, boats, and other uses) during peak-use periods.
(ii)
List tribal commercial fishing seasons in the project vicinity, as established by the four treaty tribes.
(iii)
List tribal ceremonial fishing seasons in the project vicinity.
(iv)
Based on the above factors, assess the potential effects that the proposed uses may have on Indian treaty rights.

(b)

Notices shall include a treaty rights protection plan if new uses may affect Indian treaty rights. The protection plan shall specify measures that will be used to avoid effects to Indian treaty rights. These measures may include reducing the size and modifying the location or design of the proposed uses, seasonal closures, stringent onsite monitoring, information signs, and highly visible buoys or other markers delineating fishing net locations.

(c)

Indian tribal governments shall have 20 calendar days from the date a notice is mailed to submit substantive written comments to the Executive Director. Indian tribal governments must identify the treaty rights that exist in the project vicinity and explain how they would be affected or modified by the new uses.

(2)

Tribal Government Consultation:

(a)

When substantive written comments are submitted to the Executive Director in a timely manner, the project applicant shall offer to meet with the Executive Director and the Indian tribal government that submitted comments within 10 calendar days. The 10-day consultation period may be extended upon agreement between the project applicant and the Indian tribal government. Consultation meetings should provide an opportunity for the project application and tribal representatives to identify potential conflicts and explore options to eliminate them. The project applicant must demonstrate that the proposed use would not affect or modify treaty or other rights of any Indian tribe.

(b)

Any substantive comments, recommendations, or concerns expressed by Indian tribal governments during the consultation meeting shall be recorded and addressed by the project applicant in a treaty rights protection plan. The protection plan shall include measures to avoid effects to treaty and other rights of any Indian tribe.

(c)

The Executive Director shall submit all protection plans to the Indian tribal governments. Indian tribal governments shall have 30 calendar days from the date a protection plan is mailed to submit written comments to the Executive Director.

(3)

Conclusion of the Treaty Rights Protection Process:

(a)

The Executive Director shall decide whether the proposed uses would affect or modify any treaty or other rights of any Indian tribe. The final decision shall integrate findings of fact that address any substantive comments, recommendations, or concerns expressed by Indian tribal governments. If the final decision contradicts the comments, recommendations, or concerns of Indian tribal governments, the Executive Director must justify how it reached an opposing conclusion.

(b)

The treaty rights protection process may conclude if the Executive Director determines that the proposed uses would not affect or modify treaty or other rights of any Indian tribe. Uses that would affect or modify such rights shall be prohibited.

(c)

A finding by the Executive Director that the proposed uses would not affect or modify treaty or other rights, or a failure of an Indian tribe to comment or consult on the proposed uses as provided in these guidelines, in no way shall be interpreted as a waiver by the Indian tribe of a claim that such uses adversely affect or modify treaty or other tribal rights.

(4)

Indian Tribal Treaty Rights and Consultation in the Special Management Area. For new development and uses in the Special Management Area, the Forest Service shall determine effects on treaty rights and shall notify the Executive Director of the determination.

Source: Rule 350-081-0084 — Indian Tribal Treaty Rights and Consultation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=350-081-0084.

350‑081‑0010
Purposes and Applicability
350‑081‑0012
Affected Area
350‑081‑0014
Maps
350‑081‑0016
Review and Approval Required
350‑081‑0018
Uniform Application of Management Plan
350‑081‑0020
Definitions
350‑081‑0030
Standards for Applications
350‑081‑0032
Application for Review and Approval
350‑081‑0034
Pre-Application Conference
350‑081‑0036
Acceptance of Application
350‑081‑0038
Notice of Development Review
350‑081‑0040
Comment Period
350‑081‑0042
Decision of the Executive Director
350‑081‑0044
Expiration of Approvals
350‑081‑0046
Changes or Alterations to an Approved Action
350‑081‑0050
Development Eligible for Expedited Review
350‑081‑0052
Resource and Treaty Rights Protections Guidelines
350‑081‑0054
Procedures for Expedited Review Process
350‑081‑0060
Emergency/Disaster Response Actions
350‑081‑0070
Exempt Land Uses and Activities
350‑081‑0072
Prohibited Land Uses and Activities
350‑081‑0074
Uses Allowed Outright
350‑081‑0076
Agricultural Buffer Zones in the General Management Area
350‑081‑0078
Variances
350‑081‑0080
Applying New Less-Stringent Regulations to Development Approved Under Prior Scenic Area Regulations
350‑081‑0082
Existing Uses and Discontinued Uses
350‑081‑0084
Indian Tribal Treaty Rights and Consultation
350‑081‑0086
Buffers from Existing Recreation Sites
350‑081‑0090
Agricultural Buildings
350‑081‑0092
Temporary Use — Hardship Dwelling
350‑081‑0094
Sewer and Water Services
350‑081‑0096
Docks and Boathouses
350‑081‑0098
Home Occupations and Cottage Industries
350‑081‑0100
Bed and Breakfast Inns
350‑081‑0102
Small-Scale Fishing Support and Fish Processing Operations
350‑081‑0104
Resource Enhancement Projects
350‑081‑0106
Disposal Sites for Spoil Materials from Public Road Maintenance Activities
350‑081‑0108
Commercial Events
350‑081‑0110
Columbia River Bridge Replacement
350‑081‑0112
Signs
350‑081‑0114
Special Uses in Historic Buildings
350‑081‑0120
Consolidation of Lots
350‑081‑0124
Land Divisions and Cluster Development
350‑081‑0126
Lot Line Adjustments
350‑081‑0170
Agricultural Land Designations
350‑081‑0180
Uses Allowed Outright — Agricultural Land
350‑081‑0182
Uses Allowed through the Expedited Development Review Process — Agricultural Land
350‑081‑0190
Review Uses — Agricultural Land
350‑081‑0200
Review Uses with Additional Approval Criteria — Large-Scale or Small-Scale Agriculture
350‑081‑0210
Approval Criteria for Life Estates — Large-Scale or Small-Scale Agriculture Designations
350‑081‑0220
Approval Criteria for Specified Review Uses on Lands Designated Large-Scale or Small-Scale Agriculture
350‑081‑0230
Uses Allowed Outright for Lands Designated Agriculture — Special
350‑081‑0231
Uses Allowed through the Expedited Development Review Process — Agriculture-Special
350‑081‑0232
Review Uses for Lands Designated Agriculture-Special
350‑081‑0234
Approval Criteria for Review Uses on Lands Designated Agriculture-Special
350‑081‑0236
Uses Prohibited on Lands Designated Agriculture-Special
350‑081‑0240
Range Conservation Plans
350‑081‑0250
Forest Land Designations
350‑081‑0260
Uses Allowed Outright — Forest Land
350‑081‑0262
Uses Allowed through the Expedited Development Review Process — Forest Land
350‑081‑0270
Review Uses — Forest Land
350‑081‑0280
Review Uses with Additional Approval Criteria — Commercial Forest Land, or Large or Small Woodland Designations
350‑081‑0290
Approval Criteria for Specified Review Uses on Lands Designated Commercial Forest Land or Large or Small Woodland
350‑081‑0300
Approval Criteria for Fire Protection in GMA Forest Designations
350‑081‑0310
Approval Criteria for Siting of Dwellings on Forest Land in the GMA
350‑081‑0320
Approval Criteria for Life Estates in Commercial Forest Land or Small or Large Woodland
350‑081‑0330
Open Space Designations
350‑081‑0335
Uses Allowed Outright — Open Space
350‑081‑0338
Uses Allowed through the Expedited Development Review Process — Open Space
350‑081‑0340
Review Uses — Open Space
350‑081‑0350
Residential Land Designations
350‑081‑0360
Uses Allowed Outright — Residential Land
350‑081‑0365
Uses Allowed through the Expedited Development Review Process — Residential Land
350‑081‑0370
Review Uses — Residential Land
350‑081‑0380
Review Uses with Additional Approval Criteria — Residential Land
350‑081‑0390
Approval Criteria for Specified Review Uses on Lands Designated Residential
350‑081‑0400
Rural Center
350‑081‑0410
Uses Allowed Outright — Rural Center
350‑081‑0415
Uses Allowed through the Expedited Development Review Process — Rural Center
350‑081‑0420
Review Uses — Rural Center
350‑081‑0430
Commercial Land
350‑081‑0440
Uses Allowed Outright — Commercial Designations
350‑081‑0445
Uses Allowed through the Expedited Development Review Process — Commercial Designations
350‑081‑0450
Review Uses — Commercial Designations
350‑081‑0460
Approval Criteria for Review Uses on Lands Designated on Lands Designated Commercial
350‑081‑0470
Recreation
350‑081‑0480
Uses Allowed Outright — Public Recreation and Commercial Recreation
350‑081‑0485
Uses Allowed through the Expedited Development Review Process — Public Recreation and Commercial Recreation
350‑081‑0490
Review Uses — Public Recreation and Commercial Recreation
350‑081‑0500
Approval Criteria for Non-Recreation Uses in GMA-Public Recreation Designations
350‑081‑0510
Approval Criteria for Non-Recreation Uses in GMA-Commercial Recreation Designations
350‑081‑0520
General Management Area Scenic Review Criteria
350‑081‑0530
Special Management Area Scenic Review Criteria
350‑081‑0540
General Management Area Cultural Resource Review Criteria
350‑081‑0550
Special Management Area Cultural Resource Review Criteria
350‑081‑0560
General Management Area Wetland Review Criteria
350‑081‑0570
General Management Area Stream, Pond, Lake and Riparian Area Review Criteria
350‑081‑0580
General Management Area Sensitive Wildlife Review Criteria
350‑081‑0590
General Management Areas Rare Plant Review Criteria
350‑081‑0600
Special Management Areas Natural Resource Review Criteria
350‑081‑0610
General Management Areas Recreation Resource Review Criteria
350‑081‑0620
Special Management Area Recreation Resource Review Criteria
350‑081‑0630
Notice of Application Requirements
Last Updated

Jun. 8, 2021

Rule 350-081-0084’s source at or​.us