5-35-8 Forestry

1. OWNERSHIP-All timber resources on the Rosebud Indian Reservation are owned by the Tribe, except for tree claims and other tree stands located on private lands within the Reservation.
2. MANAGEMENT-The management and control of all timber resources is delegated to the Rosebud Sioux Tribal Department of Natural Resources and the Natural Resources Committee.
3. SALES-The sale of timber and timber products from tribal timber stands is under the control of the Rosebud Sioux Tribal Department of Natural Resources and the Natural Resources Committee.
4. TIMBER RESERVE ACTIVITIES-All harvest, collection of firewood, vehicular travel, and recreational activities within the Rosebud Sioux Tribe Timber Reserve is under the control of the Department of Natural Resources.
5. TIMBER HARVEST REGULATED-
   1. All harvest products will require supervision by the Natural Resources Department, based upon prior contact in the form of “Tribal Harvest Permit”, and issued by The Natural Resources Department. Validity requires Concurrence by the Bureau of Indian Affairs.
   2. A schedule of stumpage fees will apply as set by the Tribal Council from time to time;
      1. Dry Wood
      2. Live Trees
         1. Public Use
         2. Personal Use
            1. Post & Hole
            2. House Logs
            3. Christmas Trees
            4. Ornamental stock
            5. Seedlings
            6. Firewood
   3. Monies collected will be credited to the Natural Resources Department with the stipulation that they support Forest management/conservation practices.
6. TREES-All lives trees to be cut will be so designated prior to harvest, with a paint type mark applied by the sale supervisor.
7. STUMPS-Stumps shall be cut as low as practicable to avoid waste. The mean height of any stump shall not exceed one-half (1/2) its diameter except that where this height is considered to be impracticable, higher stumps may be authorized by an authorized official of the Department of Natural Resources.
8. SLASH-Slash disposal shall require that where practical limbs and other refuse shall be piled for future burning (with snow cover). Where not practical to pile, slash must be cut down low to ground surface and not to exceed eighteen (18) inches in height.
9. TRAILS AND ROADS-Skidding trails and hard roads shall be designated by the sale supervisor to minimize the soil erosion hazard.
10. PERMITS; EXTENSIONS-Timber harvests permits shall specify the time period limitations of the sale. Extensions, will be permitted only in the event that weather and/or moisture conditions are unacceptable from the standpoint of operations or resources damage susceptibility.
11. CUTTING WITHOUT PERMIT; UNLAWFUL-It shall be unlawful to cut, dig, or in any way remove living trees from Tribal lands for any purpose without possessing a valid timber harvest permit issued by the Department of Natural Resources.
12. CUTTING AREAS AND TIME; UNLAWFUL-It shall be unlawful to cut, dig, or in any other way remove living trees from tribal lands other than those trees designated for removal by the Department, and within the area or areas designated for harvest, and only during the time frame established by the Department, as shown on the Timber Harvest Permit.
13. DAMAGE; WASTE; UNLAWFUL-It shall be unlawful to harvest trees in a careless manner, which could cause damage to adjacent trees or to property, or to wantonly damage or destroy living trees or to limb living trees for any purpose, unless authorized by the Department.
14. SALE WITHOUT AUTHORIZATION-It shall be unlawful to sell, barter, or trade any timber or timber harvest products taken from tribal lands unless such sale is authorized by the Department, and the operation is part of a program authorized by the Department.
15. REMOVAL FROM PROGRAM AREAS; UNLAWFUL-It shall be unlawful to remove any trees, parts thereof, or timber harvest products from a work area in which a Department-approved timber management program is occurring/has occurred, without the consent of the Department.
16. VEHICLES OFF ESTABLISHED ROADS; UNLAWFUL-It shall be unlawful to drive any motor vehicle off of established roads or fire trails in the timber reserve, unless specifically authorized by the Department.
17. FIREFIGHTING-Any timber Harvest Permittee will assist Tribal or BIA Officers to fight fire during the period of this permit without pay if the area covered by this permit is on fire or threatened, otherwise at the prevailing rate of pay.
18. FIRES-No fires are allowed in the Timber Reserve except at designated campsites. Fires may be further restricted by the Department and the public will be notified by signs posted along access routes to camping areas and through the media.