Spokane Tribal Resolution 2021-352

CLARIFYING THE EXISTING BURN BAN ON THE SPOKANE INDIAN RESERVATION

 WHEREAS, the Spokane Tribal Council, (“Council”), is the duly constituted governing body of the Spokane Tribe, (“Tribe”), by authority of the Constitution of the Spokane Tribe; (“Constitution”); and

WHEREAS, under the Constitution of the Tribe, the Council is charged with the duty of protecting the health, security and general welfare of the Tribe and all Reservation residents; and

WHEREAS, under the Constitution of the Tribe, the Council is charged with the duty to administer the affairs and assets of the Tribe including Tribal lands, funds, minerals, timber, water rights and other resources under appropriate contracts; and

WHEARES, the Council previously enacted a Burn Ban for the Spokane Indian Reservation via Resolution 2021-272 (the “Burn Ban”); and

WHEREAS, Fire Management is required to conduct Prescribed Burns every spring and fall; and

WHEREAS, the Council recognizes the need for legitimate exceptions to the Burn Ban to ensure community safety; and

WHEREAS, the Council has determined there is a need to clarify the scope of the Burn Ban.

NOW, THEREFORE, BE IT RESOLVED, that the Burn Ban approved via Resolution 2021-272, and enacted pursuant to RSLOC Chapter 49, Section 49-5.04, shall remain in full force and effect.

BE IT FURTHER RESOLOVED, for purposes of clarity, the Burn Ban prohibits all open burning, including but not limited to burn barrels, on the Reservation except for the following:

1. Fire Management is authorized to conduct Prescribed Burns whenever it deems such actions as necessary or appropriate to safeguard Reservation residents or protect Tribal assets; or
2. Fires set inside structures such as sweat houses or lodges for cultural or traditional purposes; or
3. Camp fires at established camp grounds with fire pits.

BE IT FURTHER RESOLVED, that any violations of the Burn Ban shall be subject to penalties as set forth in RSLOC Section 49-5.04.

BE IT FURTHER RESOLVED, all Burning Permits rendered null and void by Resolution 2021-272 shall remain null and void until the Burn Ban is lifted.

BE IT FINALLY RESOLVED, that the Burn Ban shall remain in effect until this Resolution is rescinded or amended, or until the current fire dangers have passed as determined by the Tribe’s Executive Director.