Wetlands Delineation and Management MBCI IMbal Lands ------- WETLANDS DELINEATION AND MANAGEMENT ON TRIBAL LANDS Prepared By: Approved: _ Phillip Ma^f£iriL" T"ri\jal Chief ------- MISSISSIPPI BAND OF CHOCTAW INDIANS WETLANDS DELINEATION AND MANAGEMENT TABLE OF CONTENTS PAGE INTRODUCTION 1 Applicable Laws 1 Wetlands Definition and Delineation Criteria 2-4 DESCRIPTION OF WETLAND CLASS 5 USE OF STREAMSIDE MANAGEMENT ZONES 5-6 DETERMINING SMZ 'S 6-7 LOGGING/ACCESS ROADS - BMP ' S 8 Required Practices for Road Construction :' 8-9 Required Practices for Harvesting Operations 9-10 ROAD MAINTENANCE 10 BEAVER TRAPPING ACTIVITIES 10 FIREWOOD CUTTING 11 WATER QUALITY MONITORING 12 RESERVATION SETTING 12 MANAGEMENT ALTERNATIVES 13-14 APPENDIX A - Forest Resource Questionnaire APPENDIX B - Revised Firewood Permit APPENDIX C - Community Maps Delineating Wetlands APPENDIX D - Tribal Resolution ------- WETLANDS INTRODUCTION The bottomland hardwood forests, including wetlands, are productive ecosystems with multiple functions and ecological values for members of the Mississippi Band of Choctaw Indians. These areas provide tribal members with benefits such as hunting, fishing, cultural/traditional uses (Ex. cane for baskets, firewood, stickball sticks, etc.). The protection and enhancement of this habitat is important for the well-being of the Tribe, both physically and mentally. This plan deals with the management of these sites in order that they may continue to provide for the well-being of the Tribe. Over 98% of the Tribe's wetlands occur in the form of bottomland hardwood forests. For the purpose of this plan, the protection of these wetlands will primarily be in the form of timber management and harvesting activities as well as water quality monitoring. Even though most silvicultural activities are exempt from regulation, it is important to the Tribe that standards and regulation be set forth to protect the wetlands from forest management activities that may result in site degradation. 1. Applicable Laws - Wetland delineations performed as part of this wetland management plan were performed in accordance with federal laws such as section 404 of the Clean Water Act, The National Historic Preservation Act, and the Endangered Species Act. The Tribe intends to comply with the federal laws that may regulate activities discussed herein. At this time, the Tribe has no intention of altering the use of these wetland areas, but should such intentions surface, the Tribe intends to consult with the U.S. Army Corps of Engineers and apply for a permit. ------- 2. Wetland Definition and Delineation Criteria - For the purpose of this plan, a "broad brush" approach was used in delineating wetlands. The regulatory definition used by EPA and the U.S. Army Corps of Engineers in administering the Clean Water Act Section 404 permit program was used to define wetlands. It is as follows: a. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for li-fe in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. b. Technical Criteria - There are three technical criteria required for identification of an area as a wetland. (1} Vegetation. The prevalent vegetation consists of macrophytes that are typically adapted to areas having hydrologic and soil conditions described in a above. Hydrophytic species, due to morphological, physiological, and/or reproductive adaptation(s), have the ability to grow, effectively compete, reproduce, and/or persist in oxygen deficient soil conditions. (2) Soil. Soils are present and have been classified as hydric, or they possess characteristics that are associated with aerobic soil conditions. (3) Hydrology. The area is inundated either permanently or periodically at mean water depths 5.6.6 ft, or the soil is saturated to the surface at some time during the growing season of the prevalent vegetation. ------- c. Technical approach for the indentification and delineation of wetlands. Evidence of a minimum of one positive wetland indicator from each parameter (hydrology, soil, and vegetation) must be found in order to make a positive wetland determination. Methodology used to identify and assess Tribal wetlands included: 1. The use of soils maps provided by the Soil Conservation Service and a listing of hydric soils and hydric inclusive soils. 2. Using USGS topographic maps of tribal lands. 3. Use of spring 1992 infrared aerial photography of tribal lands. 4. Use of United States Fish and Wildlife Service wetland inventory maps in Bogue Chitto and Bogue Homa communities. 5. The combination of this information as well as a local knowledge of tribal lands in respect to the wetlands as defined in page 1 of this document. 6. Review of U.S. Army Corps of Engineer 1987 & 1989 Wetlands Delineation Manual. 7. Ground truthing of data to insure proper identification ------- Proper management of these sites is essential to provide far reaching benefits including timber production, wildlife habitat, recreation, hydrologic functions {Ex. dissipation of flood waters, filtration and stream bank protection), aesthetics and ground water recharge. Navigable rivers and streams are traditionally and legally "public domain", therefore silvicultural practices on lands adjoining waterways directly affecting the function and quality of such waters are subject to federal law and review. The Tribe, in being treated for EPA purposes as a state, intends to set forth guidelines in this plan to protect the bottomland hardwood forests, including wetlands, that occur on reservation lands. This will be done with the application of multiple use management through the proper use of Best Management Practices (BMP's) in these forest types.(See Literature Cited) The Environmental Protection Agency (EPA) is assigned responsibility for the administration of all Federal Acts dealing with water quality. EPA maintains that the best way to control non-point source pollution is to minimize sediment production by use of certain silvicultural management techniques that prevent the generation of erosion at'its source. These preventative practices are incorporated into the BMP's intended for use on Tribal forest land. EPA has assigned administrative responsibility through a wetlands grant to the Tribe, giving them the task of developing a plan to accomplish mandates of Section 404 of the Clean Water Act. ------- DESCRIPTION OF WETLAND CLASS The forested bottomland and wetland types for reservation lands have been categorized into one major class: river/branch bottoms. River/Branch Bottoms - These sites are usually located in the floodplain of major rivers. Sloughs and oxbow swamps are interspersed in the floodplain. The plant species diversity of the floodplain develop in response to small relative changes in topography and soils. These changes generally correspond to the contours of the main stream channel. Mature forest trees found in the depression of sloughs and oxbows include cypress, water tupelo and ash. The higher terraces and ridges of this system will also support water oak, cherrybark oak, red maple and sweetgum with occasional pine (loblolly or spruce). USE OF STREAHSIDE MANAGEMENT ZONES(SHZ'S) The primary goal of the SMZ is to protect the integrity of the stream channel. Disturbance to the channel can affect both flow rate and direction, causing alteration of flow patterns, channel scour and erosion and flooding. Most of the areas on tribal lands defined as SMZ's are classified as forested wetlands. The SMZ provides valuable protection thru filtration of sediments, maintaining water temperature, & sunlight regulation. The benefits of a vegetative cover along the water courses are necessary to prevent sedimentation, maintain proper water temperatures and degree of shading for water quality, plus benefit aquatic plant and animal life. On the Mississippi Band of Choctaw Indians reservation, the majority of timberlands adjacent to water courses are comprised of hardwoods. These areas generally provide good wildlife habitat. Many hardwood species provide large quantities of hard and soft mast and may additionally offer cavities and nesting sites for both game and non-game wildlife. These SMZ's often link forested stands together, providing protected corridors ------- for animal movement, and diversity for habitat development. It is recommended that these SMZ's follow the natural terrain along the branch bottoms. Only the pine will be harvested in these areas when the adjacent stand on the higher elevations is scheduled to be harvested. After that time, the SMZ will be managed through selective harvests. Directional felling or winching with cables away from streambanks is the preferred method of Harvest. DETERMINING SMZ'S Intermittent streams, recognized as having seasonal flow, may include many small drains. Often, the stream channel is not readily recognizable. But by noting vegetative changes, seasonal hydric conditions, and incised streambanks, an operator properly instructed can identify these sensitive areas. Care must be exercised when working around forested wetlands and the necessary time should be allotted to scout, locate and identify drainages where appropriate. Care must also be taken not to overlook these minor drains. Excessive disturbance may result in increased flooding, water quality deterioration, and possibly a loss in site productivity caused by rutting and soil compaction. Perennial streams are defined as flowing throughout the year except during extremely dry periods. These watercourses have a more clearly defined channel than intermittent streams and should be quite obvious to the land manager. For water quality/erosion control purposes Streamside Management Zones (SMZs) should be maintained on all streams (perennial and intermittent). Streams which have an average bank-to-bank width of 30 feet or more call for a selective cut area extending out 75 feet on each side of the water channel. This selective cut will leave at least half of the canopy cover consisting of a diversity of size classes and species composition. Streams ------- having less than an average bank-to-bank width of 30 feet call for a 35 foot selective cut zone. Mechanical and aerial site preparation will be excluded from all SHZ areas. Larger streams would generally require some form of bridge for crossing. The latter may, under certain conditions, be crossed with culverts, bridges or hard surfaced crossings. All lakes and ponds greater than ten (10) acres in surface area will be considered in the same class as perennial streams having less than a 30' channel from bank-to-bank and the same guidelines followed. The following guidelines will be included on all land areas requiring an SMZ: 1. If selective cutting is done at least half, or a minimum of 70 sq. ft. of basal area, will be left. The residual stand should consist of a hardwood species composition which is similar to that removed. Consideration should also be given to leaving trees of various heights. 2. Site disturbance will be kept to a minimum by concentrating skid trails outside SMZs. Cabling and winching will be used to remove harvested timber within the SMZs. If conditions exist where erosion is anticipated, take steps to stabilize these areas. 3. Mechanical site preparation will remain outside of the SMZ. Logging decks and staging areas will also remain outside of this area. Roads will be restricted to only those absolutely necessary for stream crossing. 4. Stream crossings will be avoided whenever possible and especially where crossings are a potential source of sedimentation. Skid trails will be routed to avoid stream channels. When crossings are necessary they will be made at right angles to the stream and will be stabilized as soon as possible. All logging debris must be removed from the stream channel to allow unrestricted water flow. 5. Hard surface crossings or fords can be used effectively, and any approved substrate may be used (i.e., rock, brick, concrete or logs). The crossing must not impede water flow and should be removed following harvest. 6. The broadcast application of pesticides or fertilizers is not a recommended practice within any SMZ. If a herbicide is desired, an application should be by either injection or direct application and only with approved and labeled herbicides. 7. Logging operations should be conducted during seasonally dry periods of the year. ------- LOGGING/ACCESS ROADS - BEST MANAGEMENT PRACTICES Roads represent an essential element in the management scheme for large forested areas. Roads are needed to facilitate the use of heavy equipment necessary in many forest management operations. Most of all, they are needed for the removal of timber from the site, for fire protection and for use by Tribal members. (Ex. firewood cutting, recreation, ;etc. ) Roads have the potential to adversely affect water resources on any given site. In forested wetlands, the nature of the site's hydrology lowers the risk of erosion/sediment problems originating from a wetland site {but does not eliminate such risk). However, the hydrologic conditions increase the risk of other problems, such as the diversion or restriction of natural flow patterns. As with upland silvicultural activities, roads must be constructed with considerable emphasis on building access systems which will not cause long term on-site or off-site damage. Particular care must be exercised in avoiding permanent changes in water levels and drainage patterns. Required Practices for Road Construction 1. Where possible, avoid crossing streams, sloughs and other watercourses. Each time a crossing is made there are risks of undersizing bridges or culverts, improperly designing or constructing the crossing and creating sediment production problems. 2. Utilize temporary roads in forested wetlands. Do not attempt to construct permanent roads in forested wetlands except to: (a) Serve large and frequently used areas (b) Serve as approaches to a watercourse crossing (c) Serve as access for fire protection If properly planned and constructed, temporary roads will have less effect on the hydrology of forested wetlands than permanent roads. 3. Construct fill roads in forested wetlands only when alternative access routes do not exist. This is especially important in wetlands with flowing water systems. Fill roads always have the potential to restrict natural flow patterns. Road constructed at natural ground level provide less potential to restrict flowing water. 8 ------- 4. Restrict the road network to that which is essential for Tribal use. In general, roads and skid trails should be held to a minimum on sites with a dominance of'organic soils, whether logged in dry or wet weather conditions, to limit potential soil damage. 5. Fill roads shall not restrict the flow patterns or volumes of water movement through forested wetlands. Culverts, bridges, fords and other appropriate structures must be installed to convey water through fill roads to provide for flood control, erdsion control and to prevent potential damage to site productivity. Care must be taken to accommodate water volumes which normally occur during the wet season. 6. No fill roads will be constructed in a flowing wetland system within 500 feet of the main channel; exceptions may occur when the road is built as an approach to a permanent watercourse crossing or when construction is temporary and is following a natural levee system, or when construction is designed to minimize effects on drainage, or to regulate drainage (Ex. water fowl areas, fisheries). 7. Where natural stabilization will not occur quickly, fill material must be appropriately stabilized with grass or other material. Sideslopes must be sufficient to allow stabilization to occur. Fill approaches in the immediate vicinity (within 35') of a watercourse crossing should be stabilized during construction. 8. Design, construct and maintain roads so as to keep vegetative disturbance to a minimum. 9. Construct and maintain temporary road crossings so as not to disrupt migration or movement of aquatic life or jeopardize endangered or threatened species within the wetland. This includes any modification or destruction of critical aquatic or wildlife habitat. 10. All fill material used for road crossings or elevation shall be material taken from upland sources where feasible. 11. All temporary road fills shall be removed and the area restored to its original elevation upon abandonment or completion of harvesting operations. Required Practices For Harvesting Operations 1. Avoid felling trees into stream channels. If trees are felled into a stream, remove all material to avoid potential interference with normal drainage. 2. Limb, top, jump butt, and merchandise at the stump when possible rather than on the log deck. Such activities on the log deck cause increased degradation which may affect regeneration. 3. Repair skidding damage as much as practical, but especially in the drainage system. ------- 4. Cross drain temporary roads where necessary to assure natural flow of water in the drainage pattern. 5. When practical, pile and burn debris on log decks and loading decks. Consider stabilizing decks with grasses beneficial to wildlife. 6. Keep litter from equipment maintenance and repair (containers, filters, tires, cables, etc.) out of streams. 7. Preferably, haul litter to designated dumping areas. Dispose of used oil in proper containers and remove from the site. ROAD MAINTENANCE It will be necessary to close roads to all vehicle traffic during the wet weather to protect the integrity of the roadbed which will help keep maintenance costs down and insure the roads remain available for future use. This will be from the month of December thru February. This closure will also aid in managing the firewood harvest from reservation lands as well as assist the Tribe in meeting their wildlife management objectives. Roads will be posted to notify individuals of such closures. BEAVER TRAPPING ACTIVITIES The Tribe's wetland resource is overpopulated with beaver along the floodplain of the Pearl River (Pearl River Community) and the Owl Creek watershed (Bogue Chitto Community). Trapping is necessary to maintain a he'althy beaver population in addition to protecting the hardwood timber occurring in these areas. The trapping policy is one of containment in the major bottoms. Beaver populations are also high on adjoining private lands so this policy allows for an annual harvest for the Tribe. Beaver populations that occur on small upland creeks are targeted for elimination. This prevents the spread of these animals into areas that the Tribe may desire to develop in the future (Ex. recreational, residential uses). It also prevents damage to valuable timber due to flooding. 10 ------- FIREWOOD CUTTING Firewood cutting plays a very important role to Tribal members. According to a Forest Resource Survey Questionnaire taken in the formulation of the Multi-Resource Management Plan, firewood was the second most important issue facing the Tribe over the next ten (10) years next to wildlife management. Approximately 51% of the respondents stated that they use the forest for firewood cutting.(See Appendix A) Recent firewood cutting practices have left bottomland hardwood stands in a "high graded" condition. This has been the case because the amount of firewood that is conveniently located is in short supply. The pressure applied by firewood cutting on the Tribes bottomland hardwood forest necessitates a restructuring of the present firewood permit. This revised permit and its procedures are exhibited in Appendix B. All firewood will be marked prior to removal within the wetlands area. Firewood cutting permits will be required of all Tribal members desiring to harvest firewood from Tribal Lands. A map zoning the firewood areas is listed in Appendix B. No harvesting of firewood is permitted in Administrative Industrial or Recreational Zones unless otherwise designated by the Tribal Council. In the event of such a case, these trees will need to be marked prior to harvesting. Penalty rates will apply for non-compliance with the firewood permit. These penalties are listed on the firewood permit. Failure to obtain a firewood permit will be considered as a trespass and treated as a class C offense and subject to same penalties. Access will need to be controlled in some areas by road closures to assist with the enforcement of the firewood permits. This work will be conducted by the Tribal Wildlife & Parks program. 11 ------- WATER QUALITY MONITORING The Tribe intends to monitor the water quality of the permanent streams on rese-rvation lands. The funding for this work is anticipated to come from the Clean Water Act Section 106 funds from the EPA. Monitoring will be increased during periods of harvesting activity in the wetlands to insure that the present water quality can be maintained or improved. RESERVATION SETTING The Mississippi Band of Choctaw Indians reservation is comprised primarily of eight individual communities located in east central Mississippi. (See map Appendix C). In 1992 the reservation trust land was listed as 20,670.60 acres. Land ownership within these communities is "checkerboarded" with non-Indian lands. The Tribe hopes to acquire additional lands as they become available in an effort to consolidate the land ownership pattern so as to facilitate access and management capabilities. The reservation land ownership is as follows: Community Bogue Chitto Bogue Homa Conehatta Pearl River Redwater Standing Pine Tucker Crystal Ridge Attala County Jackson County Other TOTAL 20,934.60 560.12 21,270.72 5038 The Tribal resolution (CHO-103-93) approving this documents is provided in Appendix D of this document. Trust Acres 1992.89 350.00 3370.71 11627.96 1338.40 945. 11 1045.53 184.00 40.00 40.00 0.00 Acres not in Trust 20.51 -0- 16.27 428.04 18.77 29.74 6.47 40.32 Total Acres 2013.40 350.00 3386.98 12056.00 1357. 17 974.85 1052.00 40.00 40.32 Wetland Acres 447 112 298 3583 299 58 164 53 4 17 0 12 ------- MANAGEMENT ALTERNATIVES It is the intent of this portion of this document to provide a variety of management options available to the tribe. Through these options or alternatives a direction will be set forth on which to focus the tribal wetland management priorities. The tribe is not limited to the alternatives proposed herein, and may chose to develope additional ones or modify those discussed. It is through the evaluation of differing management activities that informed decisions may be made by the tribal government. Based on present uses of the wetlands by tribal members it was determined that 3 major themes be developed for management alternatives. These themes are: firewood use, recreational use and economics. Description of Management Alternatives 1. Firewood - The management for firewood production and consumption by tribal members would be the priority alternative. Other alternatives would be considered but the emphasis would be for firewood usage by the Tribe with a minor emphasis for recreation and economics. Red oak would be the preferred species. 2. Recreation - Activities such as hunting, fishing, aesthetics and traditional values would be emphasized in this alternative. It places an importance upon the need to protect traditional and cultural use of the Choctaw land and resources. A minor emphasis would be placed on firewood and economics. 3. Economics - Emphasis of this alternative is to achieve maximum production of high quality sawlogs within the wetland areas. A minor emphasis would be placed on firewood and recreation. 13 ------- It was agreed by the Tribal Council that no one alternative should be the only management strategy but that all three should be integrated for the wise use of the resource. The priorities were then placed in order of Importance to the Tribe. This order is as follows: economics, firewood and recreation. RECOMMENDATIONS Economics was to be the primary objective in wetlands management with firewood to be a major consideration in the hardwood management. Red oak will be encouraged through the tree selection or shelterwood system of harvesting depending upon the species composition and stand age. The "Hardwoods Management Handbook" published by the Mississippi Forestry Commission (September, 1985) will be used as a guide to determine nanagement strategies. Stands will be managed for the production of high quality sawlogs with firewood being harvested in the form of intermediate thinning. The planting of red oak will be necessary in areas where a sufficient seed source does not exist. Forest management activities will be conducted in such a way as to minimize the negative visual impact that is sometimes associated with such work. This will be accomplished by the use of SMZ's especially in higher use recreational areas. Harvesting activities will be conducted in a checkerboard fashion to produce the optimum amount of "edge effect". This will allow for a greater diversity of food and shelter available to local wildlife populations. The traditional use of certain species such as swamp cane, hickory, etc. will be protected and encouraged where it occurs with the wetlands. 14 ------- Literature Cited: "Mississippi's Best Management Practices Handbook", Mississippi Forestry Association, 1989. "Silvicultural Best Management Practices for Mississippi," Mississippi Forestry Association, December 1989. "Mississippi's Best Management Practices for Wetlands," Mississippi Forestry Association, January 1991. "U.S. Army Corps of Engineers Experimental Laboratory Wetlands Delineation Manual," Technical Report Y-87-1, January 1987. "Federal Manual for Identifying and Delineating Jurisdictional Wetlands," U.S. Fish and Wildlife Service, Department of the Army Environmental Protection Agency, Soil Conservation Service, January 1989. "Multi-Resource Management plan," Mississippi Band of Choctaw Indians, October 1989. 15 ------- APPENDIX A ------- APPENDIX A "RESULTS" MISSISSIPPI BAND OF CHOCTAW INDIANS OFFICE OF ECONOMIC DEVELOPMENT DIVISION OF FORESTRY FOREST RESOURCE QUESTIONNAIRE 1.) What should be considered as most important in forest management? Rate the following, 1 as most important, 2 as less important, etc. 9% Income (Tmber Value) 4% Traditional/Cultural/Spiritual 13% Employment of Tribal 17% Wildlife 11% Housing Members 15% Recreation 4% Water Quality 8% Beauty Roads (construction 10% Timber 4% Multiple use and maintenance) Production 2.) What are the most important issues facing the Tribe in regards to their forest resource in the next ten years? 15% Wildlife 6% Logging Control 10% Housing ZZ. Management Quantity/Quality Location 6%. Fire Control 3% Herbicide Use 10% Reforestation 13% Firewoood 7% Insects/Disease 6% Thinning 8% Logging 9% Trespass 0% Other Access Road (Please List) 3.) Should the Tribe implement a road closure program on an area basis to limit access into specific tribal lands? 43%_Yes 57% NO What tribal lands do you think should be closed? 4.) Do you feel there has been too much or too little timber harvesting? Too Much 28% Too Little 53% About Right 5.) Should the forest be managed to provide for present and future recreation development? 942 Yes 6% No A-i ------- 6.) Because of insect and disease problems/ as well as a need to make some of the timber stands grow better, small clearcuts are being considered. How do you feel? 77% For Clearcut 23% Against Clearcut 7.) Does 'the forest transportation system (roads and trails) serve the access needs of all forest users while protecting the environment? 61% Yes 39% No 8.) Are there Choctaw traditional resources that need identification and protection? 37% Yes 63% No If yes, What? 9.) Do you live on the reservation? 83% Yes 17Z No If yes, which community 10.) How often do you use your forest resource A. 23% often *2% Occasionally 35% Seldom B. What type use/uses are they? Wildlife, hunting, and fishing 27% Camp-out 8% Nature walks 14% Firewood 51% 11.) Do you have any other comments and/or questions about forest activities? LISTING ATTACHED NOTE: Anyone wanting to discuss forest issues or concerns should contact: Joe Gardinski Office of Economic Development Division of Forestry Route 7 Box 21 Philadelphia, MS. 39350 Phone: 601/656-5251 A-2 ------- APPENDIX B ------- MISSISSIPPI BAND OF CHOCTAW INDIANS OFFICE OF ECONOMIC DEVELOPMENT DIVISION OF FORESTRY TIMBER CUTTING PERMIT FOR USE BY THE MISSISSIPPI BAND OF CHOCTAW INDIANS FIREWOOD PERMIT ONLY [ ] Indian [ ] Non-Indian Permit #: FP- /93 Date: Community: Permission is hereby granted to whose address is to cut and remove in accordance with the regulations on the reverse side of this permit, on or before OCTOBER 1, 1993, from the following Tribal lands: Areas will be designated for the cutting of firewood by the Division of Forestry. Timber of kind and quantity is as follows! Four (4) cords of hardwood firewood (for personal use). This permit is issued in accordance with the corporate charter of the Tribal Council of the Mississippi Band of Choctaw Indians. Phillip Martin, Tribal Chief I ACCEPT THIS PERMIT AND AGREE TO COMPLY WITH THE FOREGOING CONDITIONS AND WITH THE REGULATIONS ON THE REVERSE SIDE OF THIS PERMIT. RECOMMENDED: FORESTER PERMITTEE APPROVING OFFICER: SUPERINTENDENT, CHOCTAW AGENCY ------- MISSISSIPPI BAND OF CHOCTAW INUlflfO *u * .LUIIS.I.A u WOOD CUTTING PERMIT PROCEDURES This permit is issued under the fallowing regulations: 1. The word "Forestry Director" signifies the Mississippi Band of Choctau Indians, or other authorized representative, within the Jurisdiction of which the land covered by this permit is included. 2. "Approving Officer" means the officer approving the permit or his authorized representative. 3. The term "Officer In Charge", wherever used in these regulations, signifies the forest officer of highest rank assigned to the supervision of timber work on the reservation within which the sale area Is situated, or such other officer as may be designated by the Mississippi Band of Choctaw Indians, to supervise a sale. 4. The tribal Division of Forestry will designate areas and/or trees to be cut. Trees not designated to be cut that are felled anyway are subject to double stumpage payments and/or the revoking of this permit. 5. if the permitting damages any pine seedlings, roads, bridges, culverts. ditches, fences, or other improvements in the permit area, or used as access to the permit area, he/she will repair them or pay for damage as assessed by the Forestry Director, or his authorized representative. 6. Stumps shall be cut as low as practicable to avoid waste. The mean height of any stump shall not exceed one-half its diameter, except that where this height is considered to be impracticable, higher stumps may be authorized by the Officer In Charge. 7. Maste in high stumps, butts, tops, breaks, skids, and partially sound logs and all trees which are left felled or logged or badly damaged by the logging operations will be sealed for their merchantable contents and charged against the permittee. 8. Carelessness on the part of fellers or other employees of the permittee that results in unnecessary breaking of trees will be penalized by scaling such trees full as If they had not been broken. 9. All slash and debris caused by harvesting of products will be kept out of. or removed from, streams and roadways. 10. Permits are subject to cancellation because of road conditions or fire danger as determined by the Forestry Director. 11. The permit area will be kept clear of all litter and garbage. Access roads within the permit area will be kept open at all times. 12. During the permit period. It Is agreed that the permittee will assist, without pay. the Mississippi Band of Choctaw Indians In suppressing fires on or threatening the area covered by this permit. It is also agreed that the permittee will assist the Mississippi Band of Choctaw Indians in suppressing other fires en or threatening the reservation at a rate of pay established for the reservation. 13. A bond may or may not be required as determined by the Approving Officer. 14. The permittee will comply with all other laws and regulations governing this Indian reservation. The holder of any permit must have the permit In his/her possession at all times when cutting or hauling permit materials. Permits are non- transferable. 15. The permittee Is held responsible for the actions of his crew and is liable for any damages that may result. 16. Once a permit has been revoked, that individual will not be eligible to work on reservation lands under another individuals permit until such time that the penalties have been satisfied. NOTE: A COPY OF A RESOLUTION OF THE TRIBAL COUNCIL 6IVIN6 ASSENT TO THE SALE OF TIMBER COVERED BY THIS PERMIT AND AUTHORIZING ONE OR MORE OFFICIALS TO SI6N THE PERMIT. SAID RESOLUTION TO 8E CERTIFIED BY THE CHAIRMAN AND THE SECRETARY OF THE TRIBAL COUNCIL UNDER CORPORATE SEAL AS A TRUE AND CORRECT TRANSCRIPT OF THE ORIGINAL RESOLUTION. MUST BE ON FILE WITH THE APPROVING OFFICER. THE RESOLUTION MUST AUTHORIZE THE RESOURCE MANAGER TO COLLECT STUHPAGE FEES AND DEPOSIT THEM IN THE APPROPRIATE TREASURY ACCOUNT AFTER DEDUCTING A PERCENTAGE OF THE GROSS RECEIPTS FOR TIMBER SALE ADMINISTRATION IN ACCORDANCE UITH THE GENERAL FOREST REGULATIONS. ------- APPENDIX B ------- APPENDIX A ------- APPENDIX C ------- \ \ ^v ^ \ ij BOGUE CHITTO INDIAN COMMUNITY |_l 1—I Reservation boundary Streams ------- f I BOGUE HOMA INDIAN COMMUNITY LEGEND Streams Wetlands Reservation Boundary Roads ------- CONFHATTA INDIAN COMMUNITY LEGEND Reservation Boundary Streams Wetlands ------- w J PPARL RIVER INDIAN COMMUNITY LEGEND Streams I > ' 1 Reservation Boundary Roads „ o '' Wetlands ------- X RHDWATER INDIAN COMMUNITY LEGEND Reservation Boundary ------- I STANDING PINF INDIAN COMMUNITY LEGEND Reservation Boundary Roads ------- •J TUCKFK INDIAN COMMUNITY LEGEND Reservation Boundary 'Roads Streams Wetlands ------- * t CRYSTAL RIDGE INDIAN COMMUNITY LEGEND Reservation Boundary ——•— Streams Roads I Wetlands ------- ATTALA COUNTY LEGEND Reservation Boundary Roads 'A ;/u * Streams Wetlands ------- MISSISSIPPI BAND OF CHOCTAW INDIANS DWNER: tAvWv*Sv.ppv ACRES: XDDRESS: RV . H Boy PVu .OCATION: SEC. T. 75 R. .^35-Q SCALE: DATE: *—h :OUNTY: 3ficV>^oAJ SCALE 9 = 1 Ml. ------- APPENDIX D ------- MISSISSIPPI BAND OF CHOCTAW.INDIANS RESOLUTION CHO 103-93 A RESOLUTION TO APPROVE A WETLANDS DELINEATION AND MANAGEMENT WHEREAS it is necessary to preserve and protect the environment of reservation lands in order to assure the quality of life of reservation residents, including that portion of the environment *Akh can be categorized as wetlands, which constitute a significant percentage of tribal lands, and WHEREAS, the tribal Natural Resources staff has drafted a Wetlands Delineation and Management Plan which conforms to the requirements of the Environmental Protection Agency and the Bureau of Indian Affairs, and WHEREAS, this Resolution was reviewed and approved by the Committee on Community Development of the Tribal Council, now therefore be it RESOLVED, that the Tribal Council does hereby adopt the Wetlands Delineation and Management Plan attached hereto, and made a part of this Resolution. CERTIFICATION I, the undersigned, as Secretary-Treasurer of the Mississippi Band of Choctaw Indians, certify that the Tribal Council of said Band is composed of 16 members, of whom IS, constituting a quorum, were present at a special meeting thereof, duly called, noticed, convened, and held this 25th day of March, 1993; and that the foregoing Resolution was duly adopted by a vote of 14 members in favor, 0 opposed, and 1 abstaining. Dated this 25th day of March, 1993. ATTEST: uecretary- RECOMMENDED: superintendent, Choctaw Agency Date ------- |