Confederated Tribes of the Warm Springs Reservation of Oregon - Tribal Code

Table of Contents Updated: July 2016

The tribe makes their code available online. The table of contents below describes the version of the code available on the tribe's website.

Table of Contents

TRIBAL COUNCIL AND GOVERNMENT
Chapter 10. Budgets
ARTICLE I. Preamble
ARTICLE II. Appropriation Approved by Popular Referendum
ARTICLE III. Appropriation by the Tribal Council Outside of the Budget
ARTICLE IV. Annual Budget
ARTICLE V. Supplemental Budget
ARTICLE VI. Appropriation of Available Funds by the Tribal Council
ARTICLE VII. Enterprise Funds
ARTICLE VIII. Appropriation of Funds for Per Capita
ARTICLE IX. Initiative and Referendum
Chapter 20. Tribal Elections

1. Applicability of Ordinance.
2. Preparation of Voters List.
3. Petitions for Review.
4. Change of Registration.
5. New Registration.
6. Inspection of Voter List.
7. Definition of “Married” Person.
8. Election Boards.
9. Counting Board.
10. Eligibility for Membership to Election and Counting Boards
11.Duties of Election Boards.
12. Date, Place and Hours of Election and Disputes.
13. Notice of Election.
14. Preservation of Ballots.
15. Counting and Protection of Ballots and Posting Results.
16. Objections.
17. Absentee Ballots.
18. Mailing of Absentee Ballots.
19. Registration for Absentee Ballots.
20. Time of Elections.
21. District Meetings.
22. Chairman of District Meetings.
23. Secretary of District Meetings.
24. Eligibility to Participate in District Meetings.
25. Procedure at District Meetings.
26. Certification of Nominations.
27. Posting of Candidates.
28. Ballots.
29. Eligibility of Candidates.
Chapter 30. Waiver of Sovereign Immunity
30.001 Legislative Intent and Findings. 
30.002 Definitions.
30.003 Waiver of Sovereign Immunity.
30.004 Form of Waiver.
30.005 Filing with the Tribal Council, the Office of the Secretary-Treasurer, and the Agency Superintendent. 
30.006 No Suit or Action Permitted Without a Waiver of Immunity.
30.007 Existing Waivers of Immunity.

MANAGEMENT
Chapter 105. Management Plan / Plan of Operation
ARTICLE I. Preamble
ARTICLE II. Purpose
ARTICLE III. Authority
ARTICLE IV. Tribal Government Organization of Roles
1. Policy and legislation.
2. Subordinate Organizations
3. Tribal Council Committees
4. Tribal Court
5. Executive and Operational Management
6. Authorities of the Secretary/Treasurer
7. Authorities of the Chief Operating Officer
ARTICLE V. Tribal Policies
ARTICLE VI. Responsibility
ARTICLE VII. Tribal Goals and Strategies
1. Tribal Government Mission.
2. Tribal Government Goals and Strategies
3. Community Development Strategy
4. Organization Development Strategy
ARTICLE VIII. Standards [Reserved]
ARTICLE IX. Operating Policies
1. Administrative Rules.
2. Organization Structure
3. Employment
4. Compensation and Benefits
5. Fiscal Management
6. Audits
7. Bonding and Insurance
8. Professionalism in Operations
9. Legal Requirements
10. Reports
11. Fair and Equal Access to Services
12. Business Operations
13. Real Property Management
14. Public Relations
15. Intergovernmental Coordination
16. Legal Counsel
17. Contracts with Federal, State and Other Governments
18. Borrowing
ARTICLE X. Implementation
ARTICLE XI. Review and Amendment
Chapter 110. Personnel [Withheld]

VITAL STATISTICS
Chapter 120. Enrollment

120.01 Legislative History and Explanatory Notes. 
120.02 Short Title. 
120.10 Definitions of Terms.
120.100 Tribal Council Duties
120.200 Enrollment Staff.
120.210 Enrollment Application. 
120.300 Automatic Enrollment. 
120.320 Burden of Proof. 
120.400 Paternity/Illegitimate Children. 
120.500 Adopted Children.
120.600 Review of Records. 
120.700 Relinquishment.
120.800 Enrollment by Adoption. 
120.830 Annulment of Enrollment.
120.850 Dual Membership Prohibited. 
120.900 Appeal of Decision to Deny Enrollment.
120.950 Enrollment Committee.

TRIBAL COURTS
Chapter 200. Courts
I. GENERAL
200.001 Establishment of Court
200.005 Scope and Application of Procedural Rules
200.007 Court Procedures
200.010 Definitions
II. JURISDICTION
200.025 Civil Jurisdiction
200.030 Criminal Jurisdiction
200.050 Persons Not Subject to Criminal Jurisdiction of the Warm Springs Tribal Court
200.100 Civil Statute of Limitations
200.102 Criminal Statute of Limitations
200.105 When Action Deemed Begun and Jurisdiction Obtained
III. SERVICE OF SUMMONS AND COMPLAINT
200.175 Issuance of Summons
200.180 Time for Response
200.185 Who May Serve Summons
200.190 Manner of Service
200.200 Service Methods
200.210 Service on Particular Defendants
200.215 Certificate of Service
IV. JUDGES
200.250 Appointments
200.255 Eligibility
200.260 Compensation
200.265 Performance of Duties
200.270 Disqualifications
200.275 Judges Pro Tempore
200.280 Improper Influence
V. JURIES
200.301 Jury Defined
200.302 Qualifications of Jurors
200.305 Excuse from Jury Duty
200.306 Fees of Jurors
200.307 Prohibited Acts
VI. TRIALS
200.310 Criminal Jury Trials
200.315 Civil Trials
VII. SELECTION OF JURORS
200.320 Juror Lists
200.325 Service
200.330 Selection of Panels
VIII. TRIALS
200.335 Empaneling
200.340 Instructions
200.345 Notification of Jurors; Failure to Appear
IX. APPEARANCES
200.350 General
200.355 Self-Representation
200.360 Admission to Practice
200.370 Competence
200.375 Conduct of Witness at Trial
200.380 Notice
200.385 Oaths
200.390 Fees
X. JUDGMENT
200.500 Judgment Defined
200.502 Order for Payment
200.505 Default Judgment Before Trial
200.506 Default Judgment at Trial or Hearing
200.509 Modification of Judgment
200.510 Relief from Judgment
200.511 Negligence
200.512 Intentional Injury
200.513 Both Parties Negligent
XI. ENFORCEMENT OF JUDGMENTS
200.515 Enforcement of Judgments for Other than Payment of Money
200.520 Enforcement of Judgments for Payment of Money, or Delivery of Real or Personal Property
200.522 Issuance of Order of Execution, Contents
200.525 Property Exempt from Execution
200.527 Property Exempt from Execution by All Persons Except the Confederated Tribes
200.530 Execution Procedure
200.532 Notice of Sale
200.534 Postponement of Sale
200.540 Garnishment
XII. CONTEMPT OF COURT
200.600 Contempt Powers
200.605 Contempt in the Presence of the Court
200.610 Contempt Occurring Outside the Presence of the Court
200.615 Failure to Comply
XIII. PERSONAL PROPERTY SECURITY PROCEEDINGS
200.700 Commencement of Proceedings
200.705 Contents of Petition
200.710 Parties
200.715 Custody of Property Pending the Completion of Proceedings Commenced Pursuant to WSTC 200.700
200.720 Notice of Proceedings
200.725 Posting of Security
200.730 Hearing
200.735 Appeal
200.740 Sale
200.745 Distribution of Sale Proceeds
200.750 Procedures Applicable to Disposition of Seized Contraband
XIV. RESTITUTION PROCEEDINGS
200.800 Restitution Order
200.805 Factors Considered in Ordering Restitution
200.810 Effect of Restitution Order on Other Remedies of Recipient of Restitution
XV. ENFORCEMENT OF TRIBAL INTEGRATED RESOURCES MANAGEMENT PLANS
200.820 Responsibility for Enforcement of Integrated Resource Management Plans
200.821 Inspection and Monitoring
200.822 Education and Voluntary Compliance
200.823 Issuance of Compliance Orders
200.824 Enforcement of Compliance Orders
200.825 Civil Penalties
200.826 Criminal Penalties
200.827 Exclusion
200.828 Seizure and Disposition of Security
Chapter 201. Civil Procedures
I. GENERAL
201.010 Definitions
201.015 Law Applicable in Civil Actions
201.020 Service of Off Reservation Process
II. PLEADINGS
201.025 Commencement of Action
201.030 Answer to the Complaint
201.035 Liberal Construction
201.040 Pleading Errors
201.045 Counter Claims
201.050 Joinder of Claims
201.055 Joinder of Parties
III. EVIDENCE
201.060 Rules of Evidence
201.063 Evidence of Damages
IV. DISCOVERY
201.100 Discovery Methods
201.105 Scope of Discovery
201.110 Insurance Policies
201.115 Deposition
201.120 Order for examination
V. FEES
201.200 Filing Fee
201.205 Withdrawal of Action
201.210 Payment of Fees
VI. SMALL CLAIMS
201.250 Authority
VII. TRIAL CONDUCT
201.300 Appearance
201.305 Procedure
Chapter 202. Criminal Procedures
I. CRIMINAL PROCEDURES
202.010 Definitions.
II. PRELIMINARY PROCEEDINGS
202.100 Complaints
202.105 Statute of Limitations
202.110 Withdrawal of a Complaint
202.120 Arrests.
202.125 Private Person Arrests.
202.130 Arrest Warrants.
202.135 Non-Tribal Warrants.
202.140 Summons.
202.150 Search Warrants.
202.155 Execution of Warrants.
202.160 Validity of Warrants.
202.165 Search Without Warrant.
202.170 Disposing of Seized Property.
III. ARRAIGNMENT
202.200 Purpose of Arraignment.
202.205 Conduct of Arraignment.
202.210 Not Guilty Pleas.
202.220 Guilty Pleas.
202.225 Court Refusal of Plea.
202.230 Sentence.
202.240 No Plea.
202.250 Disqualification Requests.
202.260 Guaranteed Rights.
202.270 Plea Bargain Agreements.
202.275 Plea Bargain Limits.
202.280 Accepting or Rejecting.
202.300 Bail and Bond.
202.305 Failure to Appear.
202.310 Double Bail.
202.320 No Bail.
202.325 No Bail Hearings.
202.330 Bail Amounts.
202.335 Detention Without Bail.
202.340 Bail on Appeal.
IV. PRETRIAL
202.400 Pretrial Motions.
202.405 Presentation of Motion.
202.410 Ruling on Motions.
202.415 Scope of Motions.
202.420 Discovery.
202.425 Defendant Requests.
202.430 Prosecutor Requests.
202.435 Sanctions.
202.440 Limits of Discovery.
202.445 Witnesses.
V. TRIALS
202.500 Conduct of Trials.
202.505 Lateness.
202.510 Preliminary Motions.
202.520 Opening Statements.
202.525 Prosecution Case.
202.530 Defense Case.
202.540 Exhibits and Evidence.
202.550 Closing Arguments.
202.560 Objections.
202.570 Juries.
202.580 Verdicts.
202.585 Burden of Proof.
202.590 Appeal.
VI. POST TRIAL SENTENCING
202.600 After Judgment.
202.610 Sentencing Powers.
202.615 Defendant Must Be Present.
202.620 Presentence Reports.
202.630 Labor for the Tribes.
202.635 Restitution.
202.640 Suspended Sentence.
202.645 Probation Violations.
202.650 Parole.
202.655 Parole Violations.
Chapter 203. Appeals
I. GENERAL
203.001 Constitution of the Court.
203.005 Decisions of the Court.
203.010 Definitions.
II. JURISDICTION
203.015 Court of Appeals.
203.020 Criminal Jurisdiction.
203.025 Civil Jurisdiction.
203.030 Custody Jurisdiction.
III. PROCEDURES
203.100 Filing of Notice.
203.105 Appellate Hearings.
Chapter 204. Evidence
I. EVIDENCE
204.010 Definitions.
204.100 Scope.
204.110 Burden of Presentation.
204.120 Admissibility.
204.130 Hearsay.
204.140 Exclusion of Evidence.
204.150 Judicial Notice.
204.160 Expert Opinion.
204.170 Suppression of Evidence.
204.180 Testimonial Evidence.
204.190 Depositions in Lieu of Testimony.
204.200 Investigations.
Chapter 205. Tort Claims
205.001 Authorization for Suit
205.002 Limitations on Liability205.003 Preservation of Other Immunities and Defenses; Vicarious Liability; Volunteers
205.004 Limitations on Forum, Damages and Claims for Relief
205.005 Suits for Performance of Duties
205.006 Tort Claims Procedures
Chapter 206. Real Property and Secured Transactions
206.001 Legislative History
206.010 Tribal Court Jurisdiction
206.015 Security Interests Created off the Warm Springs Reservation
206.020 One Action to Foreclose Mortgage Security Interest
206.030 Definitions
206.200 Purpose
206.205 Allottees
206.210 Creation of Mortgage Security Interests in on-Reservation Real Property
206.215 Priority of Liens
206.220 Recording of Leasehold or Allotment Mortgages
206.230 Leasehold or Allotment Mortgage Foreclosure Proceedings
206.240 Service of Process and Procedures
206.250 Cure of Default by Subordinate Lienholder
206.260 Power of the Tribal Court
206.270 Person Subject to Eviction
206.280 Procedures for Service of Notice
206.290 Procedure for Eviction
206.300 Notice of Sale of Real Property
206.310 Conduct of Sale
206.320 Return on Sale of Real Property
206.330 Title to Real Property
206.340 Tribal Right of First Refusal
206.350 Redemption of Real Property Sold at Foreclosure
206.360 Surpluses and Deficiencies from Sales
206.400 Trust Deeds are to be Considered Real Property Mortgages
206.410 Authority for Security; Power of Sale
206.420 Remedies upon Default of Trust Deed.
206.430 Additional Recordings Required.
206.440 Sale of Property under Advertisement and Sale
Chapter 260. Class II and Class III Gaming Ordinance
260.1 Purpose
260.001(a) Agent of Service
260.2 Gaming Authorized
260.3 Ownership of Gaming
260.4 Use of Gaming Revenue
260.5 Audit
260.6 Protection of the Environment and Public Health and Safety
260.7 Licenses for Key Employees and Primary Management Officials
260.8 License Locations
260.9 Gaming Commission
260.10 Repeal

PUBLIC SAFETY AND JUSTICE
Chapter 300. Exclusion from Reservation
I. GENERAL
300.001 Enacting Statements
II. ORDINANCE 53
300.010 Definitions
300.015 Tribal Prosecutor
300.020 Licenses, Easements, Grants, and Rights-of-Way
III. EXCLUSION OF NONRESIDENT NONMEMBERS
300.300 Policy With Regard to Exclusion of Nonresident Nonmembers
300.310 Exclusion of Nonresident Nonmembers
300.315 Evaluation of Grounds for Exclusion by The Tribal Court
300.320 Immediate Exclusion of Nonresident Nonmembers
300.325 Tribal Council or Superintendent Exclusion
300.330 Notice of Proposed Exclusion to Nonresident Nonmembers
300.340. Hearing on Exclusion of Nonresident Nonmembers Before Warm Springs Tribal Court
300.345 Appeals by Nonresident Nonmembers
IV. EXCLUSION OF RESIDENT NONMEMBERS
300.400 Policy With Regard to Exclusion of Resident Nonmembers
300.410 Exclusion of Resident Nonmembers
300.415 Evaluation of Grounds for Exclusion by The Tribal Court
300.420 Immediate Exclusion of Resident Nonmembers
300.425 Tribal Council or Superintendent Exclusion of Resident Nonmembers
300.430 Notice of Proposed Exclusion to Resident Nonmember
300.440 Hearing on Exclusion of Resident Nonmembers Before Warm Springs Tribal Court
300.445 Appeals by Resident Nonmembers
V. ENFORCEMENT
300.800 Proceedings for Enforcement of Orders of Exclusion
300.810 Entry of Persons onto Reservation for Exclusion Hearing
VI. PENALTIES
300.900 Criminal Penalties
300.910 Civil Penalties
300.920 Seizure of Security
Chapter 305. Crimes
I. DEFINITIONS
305.1 Definitions
305.2 Attempt
II. CRIMES AGAINST PERSONS
305.105 Abduction
305.110 Assault
305.115 Assault and Battery
305.135 Child Abuse
305.140 Child Abuse, Obligation to Report
305.145 Contributing to the Delinquency of a Minor
305.150 Extortion
305.155 Forgery
305.160 Fraud.
305.165 Negligent Wounding
305.170 Negotiating a Bad Check
305.175 Recklessly Endangering
305.180 Stalking
305.185 Harassment
III. CRIMES AGAINST PROPERTY
305.205 Arson
305.210 Breaking and Entering
305.215 Embezzlement
305.220 Injury to Public Property
305.225 Malicious Mischief
305.230 Receiving Stolen Property
305.235 Theft
305.240 Trespass
IV. SEX CRIMES
305.305 Adultery
305.310 Carnal Knowledge
305.315 Intentionally left blank
305.325 Intentionally left blank
305.330 Prostitution
305.335 Rape
305.340 Unnatural Sex Acts
305.345 Sexual Abuse
305.350 Transmission of Sexually Transmitted Disease
V. CRIMES AGAINST PUBLIC PEACE AND ORDER
305.403 Aiding or Abetting an Offender or Concealing a Fugitive
305.409 Bribery, Failure to Report
305.412 Carrying Concealed Weapons
305.415 Carrying Weapons, When Prohibited
305.418 Child Neglect
305.421 Animal Fighting
305.424 Cruelty to Animals
305.427 Custodial Interference
305.430 Discharge of Weapons
305.433 Disorderly Conduct
305.434 Private Disorderly Conduct
305.436 Escape
305.439 Failure to Send Children to School
305.442 Failure to Support a Dependent Person
305.445 False Identification
305.448 False Imprisonment
305.451 Unlawful Gambling
305.452 Promotion of Unlawful Gambling
305.453 Cheating
305.454 Initiating a False Report
305.460 Littering
305.463 Maintaining a Public Nuisance
305.469 Obstructing Justice
305.472 Perjury
305.475 Refusing to Aid an Officer
305.478 Resisting Arrest
305.481 Riot, Unlawful Assembly
305.483 Assaulting a Law Enforcement or Service Animal
305.484 Throwing Away Lighted Material
305.487 Unlawful Meetings, Parades or Gatherings
305.490 Violation of an Approved Tribal Ordinance
305.493 Wounds, Reporting Required
VI. DRUG RELATED CRIMES
305.501 Definitions for WSTC 305.501 to WSTC 305.570
305.505 Unlawful Manufacture of a Controlled Substance
305.510 Unlawful Use or Possession of a Controlled Substance
305.515 Unlawful Delivery of a Controlled Substance
305.520 Sale of Drug Paraphernalia
305.525 Possession of Drug Paraphernalia
305.530 Causing Another Person to Ingest a Controlled Substance
305.535 Delivery of a Counterfeit Controlled Substance
305.540 Permitting the Use, Manufacture, Sale, or Delivery of a Controlled Substance
305.545 Intoxication by Inhalation
305.550 Tampering with Drug Records
305.555 Falsifying Drug Test Results
305.560 Providing Drug Test Falsification Equipment
305.565 Furnishing a Controlled Substance to a Minor
305.570 Penalties for Drug Related Offenses
VII. GANG ENFORCEMENT
305.601 Definitions for WSTC 305.601 to WSTC 305.615
305.605 Criminal Street Gang Activity; Enhancement of Penalties
305.610 Soliciting, or Recruiting Criminal Street Gang Membership.
305.615 Seizure of Profits, Proceeds, and Instrumentalities of Criminal Street Gang Activities or Recruitment; Forfeiture
VIII. PENALTIES
305.705 Forfeiture
305.710 Restitution
305.715 Sentences and Fines
305.720 Violations by Non-Indians
Chapter 306. Trespass
306.001 Legislative Intent and Findings
306.010 Definition
306.020 Trespass
306.030 Trespass with Intent to Commit a Crime
306.035 Infractions; Classes of Infractions
306.040 Persons not Subject to this Chapter
306.045 Authority to Issue Citation
306.047 Private Person may Commence Action
306.049 Appearance by Defendant
306.051 Hearing Date
306.053 Trial; Burden of Proof
306.055 Appeal
306.060 Seizure of Security
306.065 Removal from Reservation
Chapter 307. Liquor Violations
307.010 Definitions
307.020 Prohibited Activity
307.030 Penalties
Chapter 310. Traffic
I. GENERAL
310.010 Definitions. For purposes of WSTC Chapter 310 and 311 the following definitions apply
II. TRAFFIC OFFENSE PROCEDURES
310.100 Jurisdiction of Tribal Courts and State Courts
310.110 Venue for Traffic Offenses
310.115 Time to Bring Action
310.120 Authority of Police Officer to Arrest or Issue Citations
310.122 Uniform or Badge Required
310.130 Putting up Bail
310.140 Traffic Citation Requirements
310.150 Private Person May Commence Action
310.160 Appearance by Defendant
310.170 Effect of Statement In Explanation or Mitigation
310.180 Hearing Date; Action for Failure to Appear
310.190 Discretionary Hearing
III. TRAFFIC INFRACTIONS
310.200 General
310.210 Classification of Traffic Infractions
310.220 Fines for Traffic Infractions
310.230 Trial; Burden of Proof
310.250 Appeal
310.260 Trial Judge’s Authority to Order Suspension of Driving Privileges
310.270 State of Oregon Authorized to Control Traffic Upon Highway 26
310.280 Promulgation of Rules by Justice Services Administrator and Chief Tribal Court Judge
IV. RULES OF THE ROAD
General Rules
310.300 Application of Speed Regulations and Traffic Signals to Emergency Vehicles
310.305 Application of Speed Regulations and Traffic Signals to Ambulances
310.310 Permitting Unlawful Operation of a Vehicle
310.315 Failing to Obey Police Officer
310.317 Operator’s License Required; Issuance of Tribal Driver’s License Traffic Signs, Signals and Markings
310.320 Obedience to Traffic Control Devices Required
310.325 When Interference with Official Traffic Control Device is Unlawful
310.326 Driving a Vehicle Without Owner’s Consent Driving on Right Side of Highway Overtaking and Passing; Use of Roadway
310.330 Duty to Drive on Right Side of Roadway
310.332 Slow Driver Duty to Drive on Right
310.334 Duty to Drive on Right on Two–Way Four–Lane Roadway
310.336 Slower Driver Duty to Yield.
310.338 Duty of Driver of Certain Vehicles to Drive to Right
310.340 Passing Vehicles Proceeding in Opposite Direction
310.342 Overtaking on Left
310.344 Overtaking on Right
310.346 Further Limitations on Driving on Left of Center of Roadway
310.348 No Passing Zone
310.350 One–Way Roadways
310.352 Driving on Roadways Laned for Traffic
310.354 Following Too Closely
310.356 Driving on Divided Highway
310.358 Careless Driving.
310.359 Carrying or Towing Person on Outside Part of Vehicle Right of Way
310.360 Right of Way at Uncontrolled Highway Intersection
310.362 Driver Turning Left
310.364 Stop Signs and Yield Signs
310.366 Right of Way at Merging Lanes of Arterial Highway
310.368 Vehicle Entering Roadway from Private Road, Alley or Place
310.370 Operation of Vehicles on Approach of Emergency Vehicle or Ambulance Pedestrians’ Rights and Duties
310.372 Pedestrian’s Right of Way in Crosswalk
310.374 Pedestrian Leaving Curb
310.376 Pedestrian’s Use of Sidewalk, Shoulder and Roadway Edge
310.378 Pedestrian Must Yield Right of Way
310.380 Pedestrian Soliciting Rides or Business
310.390 Pedestrian’s Right of Way on Sidewalks Turning and Moving; Signals on Stopping and Turning
310.392 Required Position and Method of Turning
310.394 U–Turns Prohibited.
310.396 Moving a Stopped, Standing or Parked Vehicle
310.398 Unlawful Turn, Change of Lane, Stop and Use of Signals
310.400 Signals by Hand and Arm or by Signal Lamps
310.402 Method of Giving Required Signals Special Stops Required
310.404 Overtaking and Passing School Bus and Certain Other Buses
310.406 Stopping Before Driving onto Sidewalk from Alley, Driveway or Building Speed Restrictions
310.408 Basic Speed Rule
310.410 Speeds Constituting Prima Facie Evidence of Violation
310.412 Special Speed Limits Set by the Oregon Transportation Commission
310.414 Arrest Without Warrant in Radar Cases
310.416 Impeding Traffic
310.418 Speed Races Prohibited on Public Ways Stopping, Standing and Parking
310.420 Stopping, Standing or Parking Outside Business or Residence Districts
310.422 Stopping, Standing or Parking Prohibited in Specific Places
310.424 Obstruction of Roadway by Wrecker or Tow Car
310.426 Police Officers Authorized to Move Vehicles
310.427 Unattended Motor Vehicle Miscellaneous Rules
310.428 Limitations on Backing
310.430 Obstruction of Driver’s View; Passengers Interfering with Driver; Passengers In Trailer
310.432 Opening and Closing Vehicle Door
310.434 Coasting Prohibited
310.436 Following Fire Apparatus Prohibited
310.438 Crossing Fire Hose
310.439 Littering
310.440 Tow Truck Operator to Remove Injurious Substance From Highway
310.441 Unlawful Obstruction or Blocking of Traffic
310.442 Obstructing Cross Traffic
310.443 Operation of Vehicle in Closed Area
310.444 Livestock on Highway; Duty of Caution; Yielding Right of Way to Livestock
310.445 Duty of Driver Striking Animal Alcoholic Liquor In Vehicles
310.446 “Motor Vehicle” Defined for Purpose of WSTC 310.446 to 310.452
310.448 Drinking Alcoholic Liquor in Vehicle on Highway Prohibited
310.450 Possessing Open Liquor Container in Vehicle on Highway Prohibited
310.452 Keeping Open Liquor Container in Vehicle on Highway Prohibited Unless Container is in Area Normally Unoccupied by Operator or Passengers
V. TRAFFIC CRIMES
310.500 Identification of Traffic Crimes
310.505 Application of Traffic Crimes Upon Premises Open to the Public
310.510 Driving While Under the Influence of Intoxicants
310.515 Reckless Driving
310.520 Fleeing or Attempting to Elude a Police Officer
310.525 Driving While Suspended or Revoked or Beyond License Restriction
310.530 Penalties for Traffic Crimes
VI. IMPLIED CONSENT LAW
310.550 Implied Consent to Chemical Tests
310.555 Police Report of Refusal
310.560 Evidence of Refusal Admissible
310.565 Suspension for Refusing Breath Test; Notice of Suspension
310.570 Hearing on Suspension Under WSTC 310.565
310.600 Seat Belts and Child Restraints Required
Chapter 311. Motor Vehicle Equipment; Abandoned Vehicles; Accidents
I. DEFINITIONS
311.010 Definitions
II. GENERAL PROVISIONS
311.020 Unlawful to Drive Defectively or Unlawfully Equipped Vehicle; Police Permitted to Stop Vehicles and Make Inspections
311.022 Application of Equipment Rules to Implements of Husbandry
311.24 Officer Authorized to Remove Illegally Stopped Vehicle
311.25 Custody of Vehicle When Operator is Arrested
311.26 Other Removal of Vehicles
311.27 Tampering with or Damaging a Vehicle
III. ABANDONED VEHICLES
311.030 Abandoning Vehicle Prohibited
311.032 Taking Abandoned or Disabled Vehicle into Custody
311.034 Notice to Owner
311.036 Owner Reclaiming Vehicle
311.038 Sale of Vehicle if not Reclaimed
IV. EQUIPMENT ON VEHICLES Lights
311.040 When Lights are Required to be on; Application of Visibility and Height Provisions
311.042 Driving with Parking Lights Lighted Prohibited when Head Lights Required
311.044 Headlights Required
311.046 Taillights Required
311.048 Stop Lamps and Turn Signal Lamps Required; Exceptions
311.050 Rear Reflectors Required
311.052 Reflectors, Clearance and Marker Lamps, and Stop Lights on Various Vehicles
311.054 Color of Lamps and Reflectors
311.056 Mounting Reflectors and Clearance Lamps
311.058 Visibility of Reflectors, Lamps and Stop Lights
311.060 Lighting Required for a Combination of Vehicles
311.062 Lights Required on Parked Vehicles
311.064 Lights Required on Miscellaneous Vehicles
311.066 Warning Lights
311.067 Arrangement of Head Lamps and Other Lights
311.068 Distribution and Intensity of Head Lights When on Road and When Meeting Vehicle
311.070 Requirements when Single Distribution Used
311.072 Limitations on Lights at Front of Vehicles or Equipment
311.074 Spot, Auxiliary Driving, Fender and Back-up Lamps Permitted. Any motor vehicle may be equipped with
311.076 Use of Lamps in Accordance with Oregon Motor Vehicles Division Rule Miscellaneous Equipment
311.078 Brakes Required
311.080 Specifications for Hydraulic Brake Fluid
311.082 Horns and Other Sound Equipment
311.084 Exhaust System Required; Noise Emission Standards
311.086 Rearview Mirror 2
311.088 Obstruction of Windows Prohibited; Windshield Wiper Required
311.090 Light or Flag at End of Load
311.092 Flares and Similar Warnings for Trucks and Buses
311.094 Slow-moving Vehicle Emblem; Division Regulation of Design, Mounting
311.096 Fenders, Flaps, Covers or Splash Aprons Required for Certain Vehicles
311.098 Size and Construction Requirements for Fenders and Covers
311.100 Fenders Not Required on Certain Pre-1935 Vehicles
311.102 Binders on Log Loads Minimum Clearance
311.104 Minimum Clearance from Roadway for Passenger Motor Vehicles
V. BICYCLES
311.108 Parent or Guardian Prohibited from Permitting Child to Violate Bicycle Equipment Laws
311.110 Lamps and Other Equipment on Bicycles
VI. MOTOR SCOOTERS
311.112 Motor Scooters
VII. SNOWMOBILES
311.114 Snowmobiles: Prohibited Acts
VIII. ACCIDENTS
311.200 Duties of Drivers and Witnesses at Accidents
311.202 Driver’s Duties When He Collides With Unattended Vehicle or Other Property
311.204 Accident Reports Required
IX. RESTRICTIONS ON USE OF HIGHWAYS; WEIGHTS AND SIZES OF VEHICLES
311.300 Application of Size and Weight Provisions; Fees; Violators Liable for Damages
311.301 Notwithstanding the provisions of WSTC 310.160(2)(b) non-Indians violating the provisions of WSTC 311.300 to 311.442 may be cited into Tribal Court in the discretion of the citing officer
311.302 Restrictions on Width, Height and Length of Vehicles; Exemptions
311.303 Additional Restrictions During Certain Seasons and Weather Conditions
311.304 Maximum Axle, Wheel and Gross Weights for Vehicles. Except as authorized by the terms of permits issued pursuant to WSTC 311.322
311.306 Restrictions on Number of Vehicles in a Combination; Coupling Devices
311.308 Sifting or Leaking Loads; Permit for Food Processing By-Products
311.310 Sleds Prohibited Except With Permit
311.312 Dragging Object on Highway Prohibited.
311.314 Pneumatic Tires, When Required
311.316 Metal Objects on Tires Permitted; Conditions
311.318 Authority to Permit Operation of Vehicles of Excess Weight or Length over Certain Highways
311.320 Permit for Operation of Certain Noncomplying Vehicles
311.322 Permit for Operation of Non-complying Vehicle Generally; Conditions for Issuance; Cancellation of Permit
311.324 Carrying Permit in Vehicle
311.326 Weighing of Vehicles on Highway; Detention of Vehicle Until Its Load Complies with Statutes or Permit; Tolerances
311.328 Methods of Determining Gross Weights
311.329 Carrying Dog or Child on External Part of Motor Vehicle
311.330 Designation of Streets, Roads or Highways as Truck Routes
311.332 Truck Route Designation to be by Order, Resolution or Ordinance; Erecting Appropriate Signs; When Prohibitions are Effective; Violation Prohibited
311.338 Penalties Generally
311.340 Penalties for Violating Weight Provisions
311.442 Driver or Chauffeur May be Exonerated From Overloading Violation if in Good Faith
Chapter 312. Tribal Boating
I. GENERAL PROVISIONS
312.010 Definitions
II. BOATING OFFENSE PROCEDURES
312.100 Jurisdiction of Tribal Courts and State Courts
312.105 Venue for Boating Offenses
312.110 Authority of Police Officer to Arrest or Issue Citations
312.115 Uniform or Badge Required
312.120 Seizure of Equipment
312.125 Putting up Bail
312.130 Boating Citation Requirements
312.135 Appearance by Defendant
312.140 Effect of Statement In Explanation or Mitigation
312.145 Hearing Date; Action for Failure to Appear
312.150 Discretionary Hearing
312.155 Hearing; Burden of Proof
312.160 Appeal
312.165 Promulgation of Rules by the Chief Tribal Court Judge
III. PENALTIES
312.200 Boating Infractions – General
312.205 Classification of Boating Infractions
312.210 Fines for Boating Infractions
312.215 Boating Crimes
312.220 Trial Judge’s Authority to Order Suspension of Boating Privileges
IV. OBEYING POLICE
312.300 Failing to Obey Police Officer; Penalty
312.305 Fleeing or Attempting to Elude Police Officer; Penalty
V. EQUIPMENT REQUIREMENTS
312.400 Operating Improperly Equipped Boat Prohibited
312.405 Personal Flotation Devices; Rules
312.410 Fire Extinguishers
312.415 Lights
312.420 Sound Signaling Devices
312.425 Carburetors
312.430 Ventilation Systems
312.435 Muffling Devices
VI. BOATING OPERATIONS
312.500 Operating Boat in Violation of Chapter Prohibited
312.505 Operation of Motorboat by Person 12 to 15 Years of Age
312.510 Operation of Motorboat by Person 16 Years of Age or Older
312.515 Exemption From Requirement to Obtain Boating Safety Certificate
312.520 Boating Safety Certificate Required to Operate Motorboat
312.525 Unsafe Operation
312.530 Reckless Operation; Speed
312.535 Operating Boat While Under Influence of Intoxicating Liquor or Controlled Substance
312.540 Liability of Owner for Negligent Operation of Boat
312.545 Operator to Maintain Lookout
312.550 Navigation Rules
312.555 Boating Lanes; Swim Areas
312.560 Overloading
312.565 Riding on Bow, Gunwale or Transom
312.570 Waterskiing, Surfboarding and Similar Activities
312.575 Mooring to Buoys and Beacons; Defacing or Destroying Navigational Markers
312.580 Police Officer Authority to Require Operator to Remedy Especially Hazardous Condition
312.585 Person Required to Remedy Especially Hazardous Condition
VII. ACCIDENTS
312.600 Duties of Operators and Witnesses at Accidents
312.605 Accident Report Required; Rules
312.610 Form of Report
312.615 Confidential Nature of Report
312.620 Report of Accident Resulting in Death or Disappearance; Duties of Passengers
VIII. BOATING UNDER INFLUENCE OF INTOXICANTS
312.700 Implied Consent to Chemical Tests for Intoxicants; Refusal to Submit; Consequences
312.705 Chemical Evidence of Use of Intoxicants
312.710 Implied Consent to Field Sobriety Tests for Intoxicants; Refusal to Submit
312.715 Evidence of Refusal to Submit to Test in Legal Proceeding
312.720 Police Report of Refusal
312.725 Suspension for Refusing Breath Test; Notice of Suspension
IX. ABANDONED BOATS
312.800 Abandoning Boat Prohibited
312.805 Taking Abandoned or Disabled Boat into Custody
312.810 Notice to Owner
312.815 Owner Reclaiming Boat
312.820 Sale of Boat if not Reclaimed
X. NON-TRIBAL MEMBER ACCESS TO WATERS WITHIN THE EXTERNAL BOUNDARIES OF THE WARM SPRINGS RESERVATION
312.900 Reservation Waters Closed to Non-Tribal Members 21
312.905 Waters Within the External Boundaries of the Warm Springs Reservation Open to Non-Tribal Members,
Subject to Applicable Regulations
Chapter 320. Probate
I. GENERAL
320.010 Definitions. As used in this Chapter, except where the context otherwise requires
II. JURISDICTION OF TRIBAL COURT
320.20 Jurisdiction of Tribal Court
320.21 Control of Funeral Arrangements
III. INTESTATE SUCCESSION AND WILLS
320.30 Wills
320.31 Intestate Succession
320.32 Escheat
320.33 Effect of Adoption
320.34 Effect of Feloniously Taking Life of Another
IV. INITIATION OF PROBATE
320.40 Duty to Present Will for Probate
320.41 Proving and Admitting Will
320.42 Initiating Administration of Estate
320.43 Appointment, Qualifications and Duties of Administrator
320.44 Appointment and Duties of Appraiser
320.45 Summary Probate of Exempt Estates
320.46 Homestead Exemption
320.47 Claims Against the Estate
320.48 Sale of Property
320.49 Annual Accounting
320.50 Settlement of Final Account, Determination of Heirship
320.51 Closing Estate
320.52 Reopening Closed Estate
320.53 Notice of Action
Chapter 330. Emergency Detention of Mentally Ill Persons
I. GENERAL
330.010 Definitions
II. EMERGENCY DETENTION PROCEDURES
330.020 Application for Emergency Detention Order
330.030 Emergency Detention Order
330.40 Emergency Detention In Tribal Facility
Chapter 331. Domestic Relations
I. GENERAL
331.010 Definitions
II. MARRIAGE
331.100 Tribal Custom Marriages and Divorces Legalized
331.105 Future Indian Custom Marriages
331.110 Marriage Contract, Age and Parties
331.115 Prohibited Marriages
331.120 Voidable Marriages
331.125 Marriage License
331.130 When Consent of Parents Necessary
331.135 Persons Who May Solemnize Marriages
331.140 Records
331.145 Certification of Marriage to be Given to Parties
331.150 Form of Solemnization – Witnesses
331.155 Certificate of Marriage to be Filed with Agency and Tribe
331.160 Marriages Consummated in Other Jurisdictions
III. DIVORCE AND ANNULMENT
331.200 Divorce Jurisdiction
331.205 Residence Requirements
331.210 Waiting Period
331.215 Grounds for Divorce
331.220 Filing Fee
331.225 Records
331.230 Remarriage
331.235 Provisions Court May Make by Order after Commencement of Action and Before Decree
331.240 Provisions of Decree
331.245 Domestic Relations Referee
331.250 Counseling for Reconciliation
331.255 Appeal
331.260 Setting Aside or Modifying Judgment
IV. GUARDIANS
331.300 Guardians
V. ADOPTION
331.400 Who May Be Adopted
331.405 Adoption Petition
331.410 Consent to Adoption
331.415 Failure to Appear
331.420 Adoption Hearing
331.425 Appeal from Judgment of Adoption
331.430 Effect of Judgment of Adoption
331.435 Adoption of Tribal Members by Non-Members
VI. CHANGE OF NAME
331.500 Change of Name
VII. FILIATION PROCEEDINGS
331.600 Legislative History and Explanatory Notes
331.605 Jurisdiction
331.610 Definition
331.615 Initiation of Proceedings
331.620 Tribal Court Proceedings
VIII. PARENT AND CHILD RELATIONSHIP
331.700 Duty of Support
331.710 Petition for Support
331.720 Jurisdiction of Support Proceedings
IX. ABUSE PREVENTION LAW
331.800 Short Title
331.805 Definitions for WSTC 331.800 to 331.820
331.810 Petition to Tribal Court for Relief
331.815 Scope of Relief; Bond or Filing Fee Not Required
331.820 Enforcement of Restraining Orders; Contempt Hearings; Bail
X. TRIBAL ELDER AND ADULT PROTECTION CODE
331.900 Title
331.905 Policy
331.910 Purpose
331.915 Nature of Code
331.920 Definitions
331.930 Duty to Report Abuse, Harassment, or Neglect of an Elder
331.935 Confidentiality of Elder Abuse Reporting Party
331.940 Elder Protection Order
331.950 Enforcement
Chapter 340. Fishing Code
340.010 General
340.100 Definitions
340.200 Fishing – On-Reservation
340.210 On-Reservation Fishing by Members
340.220 On-Reservation Fishing By Non-Members
340.300 Fishing Off-Reservation
340.310 Off-Reservation Fishing by Members
340.320 Off-Reservation Fishing By Non-Members
340.400 Prior Ordinances Repealed
340.700 Penalties
340.800 Columbia River Inter-Tribal Code
Chapter 341. Sherars Bridge Management
I. GENERAL
341.001 Legislative History
341.010 Definitions
II. FISHING REGULATIONS
341.110 Non-Indian Fishing.
341.120 Establishment of Sherars Bridge Fish Committee
341.130 Fish Committee Regulations
341.140 Enforcement of Regulations
341.150 Authority of Tribal Council
III. MANAGEMENT PLAN
IV. RULES AND REGULATIONS
341.400 Applicability of Regulation
341.402 Compliance with Regulations, Federal Law, and State Law
341.403 Promulgation of Rules and Procedures
341.405 Issuance of Citations
341.410 Removal of Persons and Equipment
341.415 Violation by Indians
341.420 Interference with Tribal Official
341.422 Night Occupancy
341.424 Motorized Vehicles
341.426 Rafters and Boaters and Persons Using Other Floating Devices
341.428 Pets
341.430 Fires
341.432 Camping Fees
341.433 Maximum Camping Day Length
341.434 Designated Campsites
341.435 Vacating Time and Quiet Hours
341.436 Environmental Damage
341.438 Archaeological Protection
341.440 Vandalism
341.442 Sanitation
341.444 Nuisances
341.446 Fireworks
341.448 Public Address Systems and Metal Detectors
341.450 Blocking Traffic
341.452 Interference with Access
341.454 Violent Conduct
341.456 Alcoholic Beverages
341.460 Hunting and Firearms
341.462 Signs and Concessions
341.464 Waste in River
Chapter 345. Livestock Control in Populated Areas
345.010 Definitions
345.020 Areas Closed To Livestock
345.030 Responsibility and Liability of Owners
345.040 Seizure and Disposition of Livestock at Large; Procedures
345.050 Procedure When Livestock Not Seized.
345.060 Municipal Branch Manager and Chief Tribal Judge to Promulgate Regulations
Chapter 350. Hunting and Trapping Code
350.010 General
350.100 Definitions
350.200 Hunting – On–Reservation
350.210 On–Reservation Hunting by Members
350.220 On–Reservation Hunting – Non–Members
350.500 Hunting Off–Reservation
350.510 Off–Reservation Hunting by Members
350.520 Off–Reservation Ceremonial Hunting
350.600 Prior Ordinances Repealed
350.700 Penalties
Chapter 355. Fire and Safety [Withheld]
Chapter 360. Juveniles
I. GENERAL
360.105 Objective
360.110 Definitions
360.115 Jurisdiction
360.120 Juvenile Prosecutor
360.125 Representation
360.130 Hearings
360.135 Commitment
360.140 Statute of Limitations
II. DELINQUENT JUVENILES
360.200 Procedure for Delinquency Cases
360.205 Petition that Juvenile is Delinquent Juvenile
360.210 Informal Resolution of Delinquency Cases
360.215 Disposition for Delinquency Cases
360.220 Remand to Tribal Court
III. JUVENILES IN NEED OF SUPERVISION
360.300 Juvenile in Need of Supervision
360.305 Curfew
360.310 Juvenile in Possession of Alcohol or Tobacco
360.315 Firearms
360.320 Procedure for Supervision Cases
360.325 Petition that Juvenile is Juvenile in Need of Supervision
360.330 Informal Resolution of Supervision Cases
360.335 Disposition for Supervision Cases
IV. NEGLECTED OR ABUSED JUVENILES
360.400 Procedure for Dependency Cases
360.405 Petition that Juvenile is Neglected or Abused Juvenile
360.410 Jurisdictional Hearing for Dependency Cases
360.415 Ward of the Juvenile Court
360.420 Disposition for Dependency Cases
360.425 Commitment of Ward to Custody of Children’s Protective Services
360.430 Placement for Dependency Cases
360.435 Permanent Custody
360.440 Off-Reservation Enforcement
360.445 Title IV-E Funding Agreements
V. INDIAN CHILD WELFARE ACT PROCEEDINGS
360.500 Applicability of Indian Child Welfare Act
360.505 Receipt of Notice
360.510 Investigation and Pre-Transfer Report
360.515 Transfer or Intervention
360.520 Acceptance of Transfer
360.525 State Court Record
360.530 Transfer Hearing
VI. EMANCIPATION
360.600 Decree
360.605 Effect of Decree
VII. MISCELLANEOUS
360.700 Traffic Offenses
360.705 Compulsory School Attendance
360.710 Support Obligation
360.715 Juvenile Records
Chapter 361. Competency Hearings [Withheld]
Chapter 362. Conservators and Guardians
362.001 Legislative History and Explanatory Notes
362.010 Definitions
362.100 Jurisdiction
362.110 Inapplicable to Juvenile Dependency Cases
362.200 Commencement of Proceedings
362.210 Persons Entitled to File Petitions
362.220 Contents of Petition
362.230 Notice of Proceedings
362.300 Preference in Appointing Conservator and/or Guardian
362.310 Hearings; Notice
362.320 Emergency Orders
362.325 Appointment of Spokesperson for Proposed Ward
362.330 Home Evaluations, Physical and Mental Examinations
362.340 Findings; Appointment
362.350 Effect of Accepting Appointment as Conservator and/or Guardian
362.360 Termination or Removal of Conservatorship and/or Guardianship
362.365 Resignation of Conservator or Guardian
362.370 General Powers of Guardians
362.380 General Powers of Conservators
362.385 Powers of Conservator Pursuant to Tribal Court Order
362.390 Reports to the Tribal Court
362.400 Bonds
362.900 Penalties
Chapter 363. Detoxification Procedures
363.001 Legislative History and Intent
363.050 Custody of Intoxicated Persons
363.100 Lodging and Jail
363.150 Transportation to Treatment Facility
Chapter 375. Workers' Compensation
I. GENERAL PROVISIONS
375.105 Establishment of Plan
375.110 Declaration of Policy
375.115 Compensation As Exclusive Remedy
375.120 Intentional Injuries
375.125 Scope
375.130 Administration
375.135 Definitions
II. COVERAGE
375.200 Persons Covered
375.205 Persons Not Covered
375.210 Workers with Preexisting Medical Conditions
375.215 Specific Medical Conditions
375.220 Workers Injured During Lunch or Scheduled Break
375.225 Workers Awarded Compensation Through Other Compensatory Schemes
375.230 Payment of Awards After Death
375.235 Entitlements for Incarcerated Workers
III. COMPENSATION AND MEDICAL BENEFITS
375.300 Death
375.305 Permanent Total Disability
375.310 Death During Permanent Total Disability
375.315 Offsetting Permanent Total Disability Benefits Against Social Security Benefits
375.320 Temporary Total Disability
375.325 “Average Weekly Wage” Defined
375.330 Temporary Partial Disability
375.335 Permanent Partial Disability
375.340 Permanent Partial Disability, Method of Payment; Effect of Prior Receipt of Temporary Disability Payments
375.345 Continuance of Permanent Partial Disability Payments to Survivors; Effect of Death Prior to Final Disposition; Burial Allowance
375.350 Compensation For Additional Accident
375.355 Cohabitants and Children Entitled To Compensation
375.360 Payments Direction To Beneficiary or Custodian
375.365 Accelerating Award Payments with Approval of the Workers’ Compensation Committee
375.370 Compensation Not Assignable, Nor to Pass By Operation of Law and Is Exempt From Process
375.375 Medical Services and Supplies
IV. CLAIMS PROCEDURES
375.400 Notice of Accident; Notification of Worker’s Rights
375.405 Claims of Injured Workers to be Acted Upon Promptly
375.410 Worker’s Application for Compensation; Physician to Aid With; Procedures-for Medical Treatment
375.415 Occupational Diseases: Compensation and Benefits
375.420 Statutes of Limitation
375.425 Burden of Proof
375.430 Presumptions
375.435 Proof of Dependency
375.440 Compromise and Release
375.445 Claim Closure
375.450 Sending Notice, Orders, Warrants to Injured Workers
375.455 Recovery of Payments Made Due to Error, Mistake, Erroneous Adjudication, Fraud, etc.
375.460 Medical Examination: Refusal to Submit; Travel Expenses
375.465 Medical Evaluations
375.470 Testimony of Physicians Not Privileged
375.475 Claim Files and Records Confidential
375.480 Actions Against Third Persons: Election by the Injured Person, or Beneficiary, Authorized; Lien by Employer
V. PROTESTS AND APPEALS
375.500 Protests
375.505 Appeals
375.510 Attorney’s Fees: When Paid by the Fund; Limitations
VI. FUNDING
375.600 Classification of Tribal Entities for Funding Purposes
375.605 Funding for Group A Tribal Entities
375.610 Funding for Group B Entities
375.615 Annual and Quarterly Reports
Chapter 376. Victim Rights
I. GENERAL
376.001 Objective
376.005 Definitions
376.010 Victim Rights
376.015 Implementation of Rights and Duties
376.020 Inability to Exercise Rights
376.025 Notice
II. INFORMATION AND NOTICE REQUIRE-MENTS
376.100 Information Provided to Victim by Law Enforcement.
376.105 Notice of Terms and Conditions of Release
376.110 Pretrial Notice
376.115 Notice of Criminal Proceedings
376.120 Notice of Conviction, Acquittal, or Dismissal
376.125 Notice of Post-Conviction Review and Appellate Proceedings
376.130 Notice of Escape
376.135 Notice of Prisoner’s Status
376.140 Notice of Probation/Parole Modification, Termination, or Revocation
III. VICTIM’S RIGHT TO PARTICIPATE
376.200 Form of Participation
376.205 Victim Impact Statement
376.210 Victim Conference with Prosecutor and Victim Advocate
376.215 Plea Negotiation Proceedings
376.220 Sentencing
376.225 Probation/Parole Modification, Revocation Disposition, or Termination Proceedings
IV. MISCELLANEOUS
376.300 Return of Victim’s Property
376.305 Privileged Information Exception for Communications between Victim Advocate and Victim
376.310 Minimizing Victim’s Contacts
376.315 Victim’s Right to Refuse an Interview
376.320 Victim’s Right to Privacy
376.325 Standing to Invoke Rights
Chapter 380. Sex Offender Registration and Notification
I. GENERAL
380.001 Purpose
380.002 Creation of Sex Offender Registry
380.003 Creation of Public Sex Offender Registry Website
II. TERMINOLOGY AND COVERED OFFENSES
380.010 Definitions
380.015 Covered Offenses
III. TIERING OF OFFENSES
380.100 Tier 1 Offenses
380.105 Tier 2 Offenses
380.110 Tier 3 Offenses
380.115 Frequency and Duration
380.120 Requirements for In-Person Appearances
IV. REQUIRED INFORMATION
380.200 General Requirements
380.205 Criminal History
380.210 Date of Birth
380.215 DNA Sample
380.220 Driver’s Licenses, Identification Cards, Passports, and Immigration Documents
380.225 Employment Information
380.230 Finger and Palm Prints
380.235 Internet Identifiers
380.240 Name
380.245 Phone Numbers
380.250 Picture
380.255 Physical Description
380.260 Professional Licensing Information
380.265 Residence Address
380.270 School
380.275 Social Security Number
380.280 Temporary Lodging
380.285 Offense Information
380.290 Vehicle Information
380.295 International Travel
V. REGISTRATION
380.300 When Registration with the Tribe is Required
380.305 Initial Registration
380.310 Retroactive Registration
380.315 Keeping Registration Current
380.320 Failure to Appear for Registration and Absconding
VI. PUBLIC SEX OFFENDER REGISTRY WEBSITE
380.400 Website
380.405 Required and Prohibited Information
380.410 Community Notification
VII. IMMUNITY
380.500 No Waiver of Immunity
380.505 Good Faith
VIII. CRIMES AND CIVIL SANCTIONS
380.600 Criminal Penalties
380.605 Civil Penalties
380.610 Hindrance of Sex Offender Registration
Chapter 390. SB 412 Implementation
I. GENERAL
390.001 Objective
390.010 Definitions
II.IMPLEMENTATION OF SB 412 REQUIREMENTS
390.100 Insurance
390.105 DPSST Requirements
390.110 Deadly Physical Force Plan
390.115 Retention of SB 412 Records
390.120 Public Inspection of SB 412 Records
390.125 Biological Evidence
390.130 Tort Claims against Slate Certified Tribal Officers
390.135 Pretrial Discovery Policy
390.140 WSPD Policies and Procedures
III. SB 412 TORT CLAIMS AGAINST CRITFC
390.200 CRITFC Officers
390.205 Authorization for Suit
390.210 Limitations on Forum, Damages, and Claims for Relief
390.215 Tort Claim Procedures

PHYSICAL FACILITIES AND NATURAL RESOURCES
Chapter 400. Housing
I. WARM SPRINGS HOUSING POLICY
400.1 Legislative History
400.2 Housing Policies
II. GENERAL
400.010 Definitions
III. WARM SPRINGS TRIBAL AUTHORITY
400.015 Establishment of Warm Springs Tribal Authority
400.017 Declaration of Need.
400.020 Purpose
400.022 Board of Commissioners
400.24 Powers
400.25 Obligations
400.26 Annual Report
400.28 Conflict of Interest
400.29 Compliance with Federal Laws
400.30 Related Codes
400.31 Fidelity Bond
400.32 Nonprofitability of Projects
400.034 Tax Exempt Status
400.036 Property Exempt From Judicial Process
400.038 Cooperation of Tribes in Connection with Projects
400.040 Approval by Secretary of the Interior
400.045 Approval of Tribal Council Required
IV. TRIBAL HOUSING DEPARTMENT
400.050 Purpose
400.052 Organization – Executive Director and Staff
400.054 Powers
400.056 Compensation
400.058 Depository
400.060 Records, Reports and Audits
400.062 Public Safety
V. TRIBAL WELFARE DEPARTMENT
400.070 Authority
400.072 Operation
VI. AMENDMENT OF HOUSING CODE AND PROMULGATION OF REGULATIONS
400.090 Housing Code Amendment
400.095 Promulgation of Regulations
VII. SELECTION OF TENANTS AND PROCESSING OF APPLICATIONS
400.105 Non-Discrimination
400.110 Low-Income Housing Eligibility
400.115 Other Housing Eligibility
400.120 Application Procedure
400.125 Occupancy Standards
400.130 Selection Criteria
400.132 Grievances Procedures
VIII. ASSIGNMENT OF HOUSING AND MOBILE HOME COURT LOTS
400.135 General
400.140 Regular Placements
400.145 Dire Emergency Need
400.150 Priority Placement
IX. ESTABLISHMENT AND REVIEW OF RENTAL RATES
400.200 General
400.210 Establishment of Rents
400.215 Review of Rental Rates
X. CONDITIONS OF OCCUPANCY
400.300 Rental Agreement
400.302 Warm Springs Tribal Court Jurisdiction
400.305 Deposits
400.310 Damages, Repair and Maintenance
400.315 Management, Damage and Repair
400.320 Utilities
400.325 Insurance
400.330 Sub-Leasing
400.335 Visitors
400.340 Grievance Procedure
400.345 Inspections
400.350 Collection of Rents
XI. TERMINATION OF TENANCY AND EVICTION
400.400 Termination of Tenancy
400.405 Eviction
400.410 Remedies not Exclusive
XII. HOME PURCHASE AND CONSTRUCTION
400.505 Lease Option
400.510 Site Lease
400.515 HUD Mutual Help Home Ownership Program
XIII. BUILDING CODE AND BUILDING PERMITS
400.600 Building Code
400.605 Building Permits
Chapter 401. Wild and Scenic Rivers
401.001 Legislative History and Findings
401.010 Definitions
402.100 River Protection Standards
401.110 Designation of River Protected Areas
401.112 Scope of Off-Reservation Rights Protected
401.115 River Protection Area Boundary Designations
401.120 Forest Management Within River Protection Areas
401.130 Range Management Within River Protection Areas
401.140 Allotments Located Within River Protection Areas
401.145 Responsibility for Administration of River Protected Areas
401.150 Coordination with Federal and State River Planning Efforts
Chapter 410. Comprehensive Plan [Withheld]
Chapter 411. Zoning and Land Use
411.001 Legislative History and Purpose
411.005 Territorial Applicability
411.015 Existing Nonconforming Uses
411.20 Compliance with Chapter
II. ESTABLISHMENT OF ZONES
411.100 Primary Zones
411.110 Overlaying Zones
411.115 Location of Zones
411.120 Official Zoning Map
411.125 Adoption of Initial Official Zoning Map
411.130 Amendment of Official Zoning Map
411.135 Zoning Boundaries
III. ZONE USES AND STANDARDS
411.200 Forest Lands
411.205 Range Lands Zones
411.210 Agricultural Land Zones
411.215 Wilderness Land Zones
411.220 Community Area Zones
411.225 Recreation/Scenic Zones
411.230 Rural Housing Zones
411.235 Fish and Wildlife Zones
411.240 Water Zones
411.245 Traditional, Cultural and Historical Zones
411.250 Mineral and Energy Resource Zones
411.255 Site Plans and Energy Conservation Guidelines
IV. APPLICATION AND PERMITTING PROCESS
411.300 Permits Required
411.305 Land Use Office
411.310 Uniform Application Process
411.315 Tribal Council Review of Land Use Status
V. COMMUNITY, SUBDIVISION AND HOME SITE DEVELOPMENT
411.400 Community, Subdivision and Home Site Development Policy
411.405 Community, Subdivision and Rural Residential Development Areas
VI. ENFORCEMENT
411.900 Remedies Available for Enforcement of Land Use Code
411.905 Private Party Remedies
411.910 Persons Responsible for Enforcement
411.915 Land Assignment Compliance
411.990 Definitions
Chapter 412. Reservation Sign Regulation [Withheld]
Chapter 420. Utilities [Withheld]
Chapter 430. Water [Withheld]
Chapter 431. Warm Springs Water and Sewer System Act
431.001 PURPOSE
431.010 DEFINITIONS
431.100 OWNERSHIP & RESPONSIBILITY FOR WATER & SEWER MAINS
431.110 UNAUTHORIZED USE & INTERFERENCE WITH TRIBAL PROPERTY
431.120 REPAIR OF MAINS
431.130 ACCESS TO PREMISES
431.140 MAINTENANCE OF SERVICE LINES
431.150 DAMAGES, NO CLAIMS FOR
431.160 NOTICE ON VACATING OF PREMISES
431.170 EMERGENCY AND OCCASIONAL SERVICE
431.180 LIMITATIONS ON USE OF WATER
431.190 NEW SERVICE
431.195 NEW SERVICE – INDIAN HEALTH SERVICE
431.200 BILLING
431.210 ESTABLISHMENT AND COMPUTATION OF WATER SUPPLY & SEWER DISPOSAL RATES
431.220 INSTALLATION OF METERS
431.230 UNSAFE CUSTOMER FACILITIES
431.240 FIRE PROTECTION SERVICE
431.300 USE OF PUBLIC SEWERS REQUIRED
431.310 PRIVATE SEWAGE DISPOSAL
431.320 HAULED WASTEWATER
431.330 BUILDING SEWERS AND CONNECTIONS
431.340 USE OF THE PUBLIC SEWERS
431.350 INFILTRATION AND INFLOW
431.360 PROTECTION FROM DAMAGE
431.370 POWERS AND AUTHORITY OF INSPECTORS
431.380 ENFORCEMENT AND PENALTIES
431.390 CHANGES TO RULES AND REGULATIONS
Chapter 432. Water Quality Standards, Beneficial Uses and Treatment Criteria
432.001 Legislative History
432.005 Territory Covered
432.010 Applicability and Administration
432.015 Definitions
432.020 General Considerations Applicable to the Entire Reservation
432.025 Beneficial Water Uses to be Protected in Deschutes, Clackamas, and Santiam River Basins on the Reservation
432.100 Water Quality Standards not to be Exceeded in Deschutes, Clackamas, and Santiam River Basins on the Reservation
432.110 Site Specific Criteria and Criteria based on Natural Condition
432.120 Variances from Water Quality Standards
432.200 Minimum Design Criteria for Treatment and Control of Wastes for the Deschutes, Clackamas, and Santiam River Basins on the Reservation
432.300 Biological Criteria
432.400 Nuisance Phytoplankton Growth
432.500 Special Policies and Guidelines for waters of the Clackamas and North Santiam River basins on the Reservation:
Chapter 433. Implementing provisions for tribal water quality standards, beneficial uses and treatment criteria [Withheld]
Chapter 440. Highway and Streets [Withheld]
Chapter 441. Flood Damage Prevention
441.100 Establishment of Plan
441.110 Statement of Purpose
441.200 Definitions
441.300 General Provisions
441.310 Lands to Which This Ordinance Applies
441.320 Basis for Establishing the Areas of Flood Hazard
441.330 Enforcement Provisions
441.400 Administration
441.410 Establishment of Building Permit
441.420 Designation of Responsible Official
441.430 Duties of the Responsible Official
441.500 Provisions for Flood Hazard Reduction
441.510 General Standards
441.520 Specific Standards
441.530 Floodways
441.540 Encroachments
441.600 Appeals
Chapter 450. Forest Management [Withheld]
Chapter 451. Woodcutting / Wood Cutting
451.001 Legislative History and Purpose
451.010 Definitions
451.100 Permits Required
451.110 Transportation of Wood Products on Reservation
451.120 Types of Permits
451.125 Cost of Paid Permit
451.130 Persons Eligible for Permits
451.140 Approval, Authority for Permits
451.150 Contents of Permit
451.155 Compliance with Conditions of Permit
451.160 Permits Are Non–Transferrable
451.165 Revocation of Permit
451.200 Enforcement Responsibility
451.210 Display of Permit
451.215 Confiscation of Products
451.220 Permittees to Carry Permit
451.225 Hearings for Civil Infractions
451.300 Penalties
451.310 Seizure of Security
451.320 Removal from Reservation
451.500 Privilege Tax
Chapter 460. Range and Livestock Ordinance
I. GENERAL
460.001 Legislative History and Purpose
460.10 Definitions. The following definitions shall apply in this Chapter
460.11 Scope of Chapter
460.12 McQuinn Strip Leases
II. ESTABLISHMENT OF GRAZING AREAS, GRAZING AUTHORIZATIONS, GRAZING GROUPS AND GRAZING PLANS
460.100 Establishment of Grazing Areas
460.102 Establishment of Grazing Groups
460.103 Grazing Group Membership
460.104 Organization of Grazing Group
460.105 Grazing Plan
460.106 Grazing Authorizations
460.107 Contents of Grazing Authorizations
460.127 Grazing Fees
460.140 Grazing Appeals Board
460.145 Grazing Appeals Board Procedure
460.147 Nature of Disputes Considered
460.150 Ridebosses
460.160 Individually–Owned Lands, Assignments and Leases Enclosed by Fence
III. ANIMAL HEALTH, BRAND INSPECTION, BREEDING ANIMAL QUALITY AND DISEASE CONTROL
460.200 Enforcement Responsibility
460.205 Certificates of Health
460.210 Identification of Livestock and Bull Quality
460.215 Brands
460.220 Riding Permits
460.225 Control of Diseased Livestock
IV. LIVESTOCK TRESPASS, MISBRANDING, AND OTHER OFFENSES
460.300 Livestock Trespass
460.305 Misbranding.
460.315 Livestock Slaughter.
460.320 Removal of Livestock
460.325 Livestock Transfer
460.327 Use of False Official Documents and Bills of Sale
460.330 Seizure of Livestock
V. RIDES AND ROUNDUPS
460.400 Application and Approval of Rides and Roundups
460.410 Notice of Ride or Roundup
460.420 Compliance with Order of Person in Charge
460.430 Firearms and Vehicles
460.440 Non–Tribal Member Participation
VI. PENALTIES
460.900 Civil Penalties
460.910 Criminal Penalties
460.920 Seizure of Security
Chapter 470. Wildlife Management [Withheld]
Chapter 475. Hydroelectric Licensing and Regulation Ordinance (Ordinance 78 Adopted March 11, 1998)
I. GENERAL
475.001 Declaration of Purpose
475.005 Reservation Purposes
475.010 Definitions
475.015 Territory
475.20 Jurisdiction
II. HYDROELECTRIC PROJECT LICENSING
475.21 Responsible Tribal Official
475.025 Tribal Intervention in FERC Proceeding
475.030 Tribal Consultation Process
475.035 Clean Water Act §401 Certification
475.040 United States Trust Responsibility
475.050 Establishment of Section 4(e) Conditions for Protection of the Reservation
475.055 Establishment of Section 10(e) Compensation
475.060 Tribal Participation in §10(j) Process
475.065 Tribal Participation in Development of § 18 Fishway Prescriptions
475.070 Reservation Land Use Regulation
475.075 Applicable Plans for the Comprehensive Development of Waterways
475.080 Taxation of Hydroelectric Facilities and Energy
475.085 Regulation of Boating, Fishing, and other Activities in Tribal Waters
475.090 Resolution of Disputes
475.100 Separability of Provisions
Chapter 480. Land [Withheld]
Chapter 490. Protection and Management of Archaeological, Historical and Cultural Resources
490.001 Tribal Policy and Legislative Intent
490.10 Definitions
II. PROTECTION RULES AND REGULATIONS
490.100 Prohibited Conduct
490.105 Criminal Penalties
490.110 Civil Penalties
490.115 Civil Damages
490.120 Forfeiture of Contraband
490.125 Seizure of Security
490.130 Removal from Reservation
III. ARCHAEOLOGICAL, HISTORICAL AND CULTURAL STUDIES
490.200 Tribal Council Permission Required
490.205 Violation of Permit Terms
IV. PROTECTION OF TREATY RIGHTS OUTSIDE THE WARM SPRINGS RESERVATION
490.300 Treaty Terms, Tribal Policy and Legislative Intent
490.310 Tribal Policy with Regard to Management Activities Outside the Warm Springs Reservation
490.320 Reports of Significant Activity Outside the Warm Springs Reservation
490.330 Exercise of Treaty Rights Outside the Warm Springs Reservation
490.340 Revocation of Privilege to Exercise Treaty Right Outside the Warm Springs Reservation
490.350 Access to Sites for the Exercise of Treaty Rights
V. AMERICAN INDIAN RELIGIOUS FREEDOM ACT
490.400 Tribal Policy and Legislative Intent
490.410 Protection of Indian Religious Freedom
490.420 Protection of Sacred Sites and Recovery of Sacred Materials
490.430 Access to Sacred Sites
VI. PROTECTION OF CULTURAL MATERIALS
490.500 Tribal Policy and Legislative Intent
490.510 Designation of Tribal Cultural Materials
490.520 Prohibited Acts
VII. OREGON ACT FOR PROTECTION OF INDIAN GRAVES
490.600 Tribal Policy and Legislative Intent
490.610 Procedures for Obtaining Consent
VIII. TRIBAL PURCHASE OF ARTIFACTS
490.700 Purchase of Artifacts By the Middle Oregon Indian Historical Society
IX. OREGON LAND CONSERVATION AND DEVELOPMENT COMMISSION GOAL 5 IMPLEMENTATION
490.800 Tribal Policy and Legislative Intent
490.820 Tribal Council Designation of Significant Historical, Cultural and Archaeological Sites
490.830 Tribal/State Coordination
490.840 Expedited Procedures for Sites in Developing Areas

HUMAN SERVICES
Chapter 500. Health Care [Withheld]
Chapter 510. Education [Withheld]
Chapter 520. Warm Springs Tribal Members Retirement Income Security
520.001 Tribal Council Policy and Enacting Provisions
520.010 Definitions
520.100 Minimum Plan Contents
520.110 Prohibited Plan Provisions
520.120 Transfer of Employees to Tribal Pension Plan
520.130 Nonapplication to Tribal Council Benefits Plan
520.140 Effective Date
520.150 Savings Provision
Chapter 530. Funeral Grants

Chapter 540. Warm Springs Supplemental Income Program
540.001 Enacting Statements
540.010 Title
540.020 Definitions
540.030 Purpose
540.040 Eligibility For Supplemental Benefits
540.050 Payment Amount2
540.060 Method of Payment
540.070 Notification of Social Security Administration
540.080 Disputes as to Eligibility
540.090 Effective Date

ENTERPRISES
Chapter 600. General [Withheld]
Chapter
605. Enterprise Charter - Warm Springs Casino and Resort Enterprise [Withheld]
Chapter 606. Enterprise Charter - Kah-Nee-Ta Resort [Withheld]
Chapter 607. Enterprise Charter - Warm Springs Indian Head Casino [Withheld]
Chapter 610. Warm Springs Economic Development Corporation [Withheld]
Chapter 620. Warm Springs Power and Water Enterprise (WSPWE) Plan of Operation [Withheld]
Chapter 625. Warm Springs Construction Enterprise (WSCE) Plan of Operation [Withheld]
Chapter 630. Warm Springs Tectonite Cement (WSTC) Plan of Operation [Withheld]

COMMERCIAL LAW
Chapter 700. Business Privilege Tax
700.001 Legislative Intent and Findings
700.010 Definitions. Wherever in this Chapter, unless a different meaning clearly appears
700.020 Privilege Tax
700.030 Privilege Tax For Other Business
700.040 Privilege Tax Required For Each Different Business Activity
700.050 Persons Exempt from this Chapter 4
700.060 Period for Which Privilege is Operative; Revocation; Refunds
700.070 Impositions of License Conditions by The Confederated Tribes 4
700.080 Enforcement of Tax Payments
700.090 Use of Tax Revenues
700.100 Tribal Tax Commission
700.110 Savings Clause
Chapter 701. Limited Liability Companies
I. GENERAL PROVISIONS
701.002 Filing Requirements
701.004 Filing Fee
701.006 Effective Date of Document
701.008 Forms
701.020 Formation
701.022 Articles of Organization
701.024 Organization
701.026 Operating Agreements
II. PURPOSES AND POWERS
701.030 Purposes
701.032 General Powers
III. OFFICE AND AGENT
701.040 Registered Office and Registered Agent
701.042 Service on Limited Liability Company
IV. MEMBERS
701.050 Membership
701.051 License Fee
701.052 Management by Members
701.054 Agency Power of Members
701.056 Voting
701.058 Duties and Standard of Conduct
701.060 Limitation of Liability and Indemnification
701.062 Liability of Members
V. FINANCES
701.070 Contributions
701.072 Liability for Contributions
701.074 Allocation of Profits and Losses
VI. DISTRIBUTIONS AND WITHDRAWAL
701.080 Allocation of Interim Distributions
701.082 Voluntary Withdrawal of Member Prohibited; Exceptions
701.084 Expulsion of Member
701.086 Distribution Upon Withdrawal or Expulsion
701.088 Distribution in Kind
701.090 Right to Distribution
701.092 Limitations on Distribution
701.094 Liability for Wrongful Distribution
VII. ASSIGNMENT OF MEMBER’S INTEREST
701.100 Nature of Membership Interest
701.102 Admission of Members
701.104 Assignment of Membership Interest; Effective Date of Assignment
701.106 Right of Assignee of Membership Interest to Become a Member
701.108 Deceased or Incompetent Members Who Are Individuals; Dissolved or Terminated Members Who Are Legal Entities
VIII. AMENDMENT OF ARTICLES OF ORGANIZATION AND OPERATING AGREEMENT
701.110 Operating Agreement
701.112 Amendment to Articles of Organization
701.114 Amendment by Members
701.116 Merger
IX. DISSOLUTION
701.120 Dissolution
701.122 Distribution of Assets Upon Dissolution
701.124 Agency Power of Members After Dissolution
701.126 Articles of Dissolution
701.128 Effect of Dissolution; Winding Up
701.130 Enforcement of Claims Against Dissolved Limited Liability Company
701.140 Grounds for Administrative Dissolution
701.142 Procedure; Effect of Administrative Dissolution
701.150 Hearings Officer
701.152 Grounds for Judicial Dissolution
701.154 Procedure for Judicial Dissolution
701.156 Decree of Dissolution
X. RECORDS AND REPORTS
701.160 Limited Liability Company Records
701.162 Court-Ordered Inspection
701.164 Certain Expense Reports to Members
XI. MISCELLANEOUS
701.170 Partnership Treatment
701.172 Preservation of Exemptions and Immunities
701.174 Regulations
701.176 Tribal Courts
701.178 Definitions
Chapter 702. Non-Profit Corporations
I. GENERAL PROVISIONS
702.002 Filing requirements
702.004 Filing fee
702.006 Effective date of document
702.008 Forms
702.020 Private foundations
II. INCORPORATION
702.030 Incorporators
702.032 Articles of incorporation
702.034 Incorporation
702.036 Organization of corporation
702.038 Bylaws
III. PURPOSES AND POWERS
702.040 Purposes
702.042 General powers
IV. OFFICE AND AGENT
702.050 Registered office and registered agent
702.052 Service on the corporation
V. MEMBERS AND MEMBERSHIPS
702.060 Tribal membership
702.070 Differences in rights and obligations of members
702.072 Member’s liability to third parties
702.074 Creditor’s action against member
702.080 Resignation
702.082 Termination, expulsion or suspension
702.090 Derivative suits
VI. MEMBERSHIP MEETINGS AND VOTING
702.110 Annual and regular meetings
702.112 Special meeting
702.114 Court-ordered meeting
702.115 Action without meeting
702.116 Notice of meeting
702.117 Waiver of notice
702.118 Record date
702.119 Action by written ballot
702.120 Members’ list for meeting
702.122 Voting entitlement of members
704.123 Proxies
702.124 Adjournment
702.125 Corporation’s acceptance of votes
702.126 Quorum requirements
702.127 Voting requirements
702.128 Cumulative voting for directors
702.129 Other methods of electing directors
702.130 Voting agreements
VII. DIRECTORS AND OFFICERS
702.140 Requirement for and duties of board
702.141 Number of directors
702.142 Election, designation and appointment of directors
702.143 Terms of directors generally
702.144 Resignation of directors
702.145 Removal of directors elected by members or directors
702.146 Removal of directors by judicial proceeding
702.148 Vacancy on board
702.149 Compensation of directors
702.150 Call and notice of meetings
702.152 Quorum and voting
702.154 Committees
702.160 General standards for directors
702.162 Director conflict of interest
702.164 Liability for unlawful distributions
702.168 Liability of qualified directors
702.170 Required officers
702.172 Duties and authority of officers
702.174 Standards of conduct for officers
702.176 Resignation and removal of officers
702.180 Authority to indemnify
702.182 Mandatory indemnification
702.184 Court-ordered indemnification
702.186 Determination and authorization of indemnification
702.187 Indemnification of officers, employees and agents
702.188 Insurance
VIII. AMENDMENT OF ARTICLES OF INCORPORATION AND BYLAWS
702.190 Authority
702.192 Amendment by directors
702.194 Amendment by board of directors and members
702.196 Class voting by members on amendments
702.197 Articles of amendment
702.198 Restated articles of incorporation
702.199 Amendment pursuant to court order
702.200 Amendment by directors
702.202 Amendment by directors and members
702.204 Approval by third persons
IX. SALE OF ASSETS
702.210 Sale of assets in regular course of activities; mortgage of assets
702.212 Sale of assets other than in regular course of activities
X. DISTRIBUTIONS
702.220 Prohibited distributions
702.222 Authorized distributions
XI. DISSOLUTION
702.230 Dissolution by incorporators
702.232 Dissolution by directors, members and third persons
702.234 Articles of dissolution
702.235 Revocation of dissolution
702.236 Effect of dissolution
702.237 Known claims against dissolved corporation
702.238 Unknown claims against dissolved corporation
702.240 Grounds for administrative dissolution
702.242 Procedure for and effect of administrative dissolution
702.250 Hearings officer
702.252 Grounds for judicial dissolution
702.254 Decree of dissolution
XII. RECORDS AND REPORTS
702.260 Corporate records
702.262 Inspection of records by members
702.264 Court-ordered inspection
XIII. MISCELLANEOUS
702.270 Preservation of exemptions and immunities
702.272 Regulations
702.274 Warm Springs Tribal Court
702.276 Definitions. As used in this chapter
Chapter 710. Credit Code
Chapter 720. Sales
I. GENERAL 1
720.110 Scope
720.120 Remedies to be Liberally Administered
720.130 Definitions
II. FORMATION OF CONTRACT
720.200 Formation in General
720.210 Written Contract Required in Certain Cases (Statute of Frauds)
720.220 Parol or Extrinsic Evidence of Contract Terms
720.230 Offer and Acceptance in Formation of Contract
720.240 Additional Terms in Acceptance
720.250 Firm Offers
720.260 Course of Performance
720.270 Modification and Rescission
720.280 Delegation of Duty – Assignment of Rights
III. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
720.300 General Obligation of Parties
720.310 Unconscionable Contract or Clause
720.320 Open Price Term
720.330 Warranty of Title and Against Infringement – Buyer’s Obligation Against Infringement
250.340 Express Warranties by Affirmation, Promise, Description, Sample
250.350 Implied Warranty – Merchantability – Usage of Trade
720.360 Implied Warranty – Fitness for Particular Purpose
720.370 Exclusion or Modification of Warranties
720.380 Cattle, Hogs and Sheep – No Implied Warranty as to Disease
720.390 Third-Party Beneficiaries of Warranties Express or Implied
720.395 Sale by Auction
IV. PERFORMANCE
720.400 Passing of Title – Reservation for Security
720.410 Insurable Interest in Goods – Manner of Identification of Goods
720.420 Cure by Seller of Improper Tender or Delivery – Replacement
720.430 Risk of Loss in the Absence of Breach
720.440 Effect of Breach on Risk of Loss
720.450 Buyer’s Right to Inspection of Goods
720.460 Preserving Evidence of Goods in Dispute
V. BREACH, REPUDIATION, AND EXCUSE
720.500 Buyer’s Rights on Improper Delivery
720.510 Manner and Effect of Rightful Rejection
720.520 Buyer’s Options as to Salvage of Rightfully Rejected Goods
720.540 What Constitutes Acceptance of Goods
720.550 Effect of Acceptance – Notice of Breach – Burden of Establishing Breach After Acceptance – Notice of Claim or Litigation to Person Answerable Over
720.560 Revocation of Acceptance in Whole or in Part
720.570 Anticipatory Repudiation
720.580 Retraction of Anticipatory Repudiation
720.590 Casualty to Identified Goods
720.595 Substituted Performance
VI. SELLERS REMEDIES
720.600 Seller’s Remedies on Discovery of Buyer’s Insolvency
720.610 Seller’s Remedies in General
720.620 Seller’s Right to Identify Goods to the Contract Notwithstanding Breach or to Salvage Unfinished Goods
720.630 Seller’s Stoppage of Delivery in Transit or Otherwise
720.640 Seller’s Resale Including Contract for Resale
720.650 Seller’s Damages for Nonacceptance or Repudiation
720.660 Action for the Price
720.670 Seller’s Incidental Damages
VII. BUYER’S REMEDIES
720.700 Buyer’s Remedies in General – Buyer’s Security Interest in Rejected Goods
720.710 “Cover” – Buyer’s Procurement of Substitute Goods
720.720 Buyer’s Damages for Nondelivery or Repudiation
720.730 Buyer’s Damages for Breach in Regard to Accepted Goods
720.740 Buyer’s Incidental and Consequential Damages
720.750 Buyer’s Right to Specific Performance or Replevin
720.760 Deduction of Damages from the Price
VIII. GENERAL PROVISIONS AS TO REMEDIES
720.800 Liquidation or Limitation of Damages – Deposits
720.810 Contractual Modification or Limitation of Remedy
720.820 Effect of “Cancellation” or “Rescission” on Claims for Prior Breach
720.830 Remedies for Fraud
720.840 Who Can Sue Third Parties for Injury to Goods
720.850 Proof of Market Price; Time and Place
720.860 Admissibility of Market Quotations
720.870 Statute of Limitations in Contracts for Sale
Chapter 721. Leases of Goods
I. GENERAL PROVISIONS
721.110 Short Title
721.120 Legislative History
721.130 Scope
721.140 Definitions – Index of Definitions
721.150 Leases Subject to Other Statutes
721.160 Choice of Applicable Law and Judicial Forum
721.170 Unconscionability
II. FORMATION AND CONSTRUCTION OF LEASE CONTRACT
721.200 Formation in General
721.210 Written Contract Required in Certain Cases (Statute of Frauds)
721.220 Final Written Expression: Parol or Extrinsic Evidence
721.230 Offer and Acceptance in Formation of Lease Contract
721.240 Firm Offers
721.250 Course of Performance or Practical Construction
721.260 Modification and Rescission
III. EFFECT OF LEASE CONTRACT AND OBLIGATIONS OF PARTIES
721.300 Enforceability of Lease Contract
721.310 Identification
721.320 Insurance and Proceeds
721.330 Risk of Loss
721.340 Casualty to Identified Goods
721.350 Express Warranties
721.355 Warranty Against Interference
721.360 Implied Warranty of Merchantability
721.365 Implied Warranty of Fitness for Particular Purpose
721.370 Exclusion or Modification of Warranties
721.375 Cumulation and Conflict of Warranties Express or Implied
721.380 Third Party Beneficiaries of Express and Implied Warranties
721.385 Assignment of Party’s Interest Under Lease Contract or of Lessor’s Residual Interest in Goods; Delegation of Performance
IV. REPUDIATION, SUBSTITUTED PERFORMANCE AND EXCUSE
721.400 Anticipatory Repudiation
721.410 Retraction of Anticipatory Repudiation
721.420 Substituted Performance
721.430 Excused Performance
721.440 Procedure on Excused Performance
V. DEFAULT IN GENERAL
721.500 Default Procedure
721.510 Notice After Default
721.520 Modification or Impairment of Rights and Remedies
721.530 Liquidation of Damages
721.540 Cancellation and Termination and Effect of Cancellation, Termination, Rescission, or Fraud on Rights and Remedies
721.550 Statute of Limitations
VI. DEFAULT BY LESSOR
721.600 Lessee’s Remedies
721.605 Lessee’s Rights on Improper Delivery – Rightful Rejection
721.610 Installment Lease Contracts: Rejection and Default
721.615 Merchant Lessee’s Duties as to Rightfully Rejected Goods
721.620 Lessee’s Duties as to Rightfully Rejected Goods
721.625 Cure by Lessor of Improper Delivery – Replacement
721.630 Acceptance of Goods
721.635 Effect of Acceptance of Goods – Notice of Default – Burden of Establishing Default After Acceptance – Notice of Claim or Litigation to Person Answerable Over
721.640 Revocation of Acceptance of Goods
721.645 Cover – Substitute Goods
721.650 Lessee’s Damages for Nondelivery, Repudiation, Default and Breach of Warranty in Regard to Accepted Goods
721.655 Lessee’s Incidental and Consequential Damages
721.660 Lessee’s Right to Specific Performance or Replevin
721.665 Lessee’s Right to Goods on Lessor’s Insolvency
VII. DEFAULT BY LESSEE
721.700 Lessor’s Rights
721.710 Lessor’s Right to Identify Goods to Lease Contract
721.720 Lessor’s Right to Possession of Goods
721.730 Lessor’s Rights to Dispose of Goods
721.740 Lessor’s Damages for Nonacceptance or Repudiation
721.750 Lessor’s Action for a Rent
721.760 Lessor’s Incidental Damages
721.770 Lessor’s Right to Recover for Damage to Residual Interest
Chapter 725. Liquor and Alcohol [Withheld]
Chapter 726. Tobacco [Withheld]
Chapter 727. Motor Vehicle Fuels [Withheld]
Chapter 730. Tribal Bond Ordinance [Withheld]
Chapter 731. Personal Property Secured Transactions and Statutory Liens [Withheld]
Chapter 740. Consumer Credit, Usury [Withheld]
Chapter 741. Consumer Sales Practices [Withheld]
Chapter 742. Motor Vehicle Sales [Withheld]
Chapter 743. Marijuana Cultivation, Processing and Sale [Withheld]

[Table of Contents created by NILL in July 2016, based on code available on tribe's website.]