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 1⁄2 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