Memorandum of Agreement

Abstract:

The Cultural Resources Protection Program excels in the protection of cultural resources through the enforcement of Federal and State Laws and regulations within the tribal lands. Federal laws include the Archaeological Resources Protection Act, the Native American Grave Protection and Repatriation Act, the National Historic Preservation Act and others.

Author: Burke, Gary
Publication Date:
Source: Salem, OR: Confederated Tribes of the Umatilla Indian Reservation
Contact Info: Confederated Tribes of the Umatilla Indian ReservationJeff Van PeltProgram Manager(541) 276-3629

Full Text:

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MEMORANDUM OF AGREEMENT
between
THE CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
and
THE STATE OF OREGON, PARKS AND RECREATION DEPARTMENT
for
PROTECTION OF NATIVE INDIAN BURIAL SITES IN CERTAIN STATE PARK
LANDS
Preamble
WHEREAS, the Confederated Tribes of the Umatilla Indian Reservation (CTUIR) is a sovereign
government and federally recognized Indian Tribe dedicated to the preservation and protection of
its Treaty rights and cultural heritage both within the boundaries of the Umatilla Indian
Reservation and within the CTUIR’s ceded lands and traditional use areas; and
WHEREAS, the CTUIR, in the Treaty of 1855, reserved rights and interests in ceded lands
presently included in state parks; and
WHEREAS the CTUIR and the State of Oregon recognize that burial sites and cultural locations
are invaluable and critical to the preservation of CTUIR Treaty rights, cultural heritage and
pursuit of traditional ways of life for past, present and future generations; and
WHEREAS, the State of Oregon recognizes the importance to Indian Tribes, specifically the
CTUIR, of protecting the burial sites containing Indian remains and their need to re-bury
discovered or disturbed remains within their prehistorical and historical aboriginal homelands;
and
WHEREAS, the CTUIR confirmed it’s governing policy of protecting burial sites and
repatriating discovered or disturbed remains and funerary objects to there prehistorical and
historical aboriginal homelands in CTUIR Resolution 94-51;
WHEREAS, the State of Oregon has enacted several statutes to protect the proper disposition of
human remains for the protection of the burial sites and human remains in Oregon (ORS
166.085) and of Indian Graves through the Oregon Indian Graves and Protected Objects Act and
related laws (ORS 97.740-760, 358.905, 358.940); and
WHEREAS, Governor Kitzhaber issued Executive Order Number 96-30 recognizing the
importance of Government-to-Government relations between the Oregon Tribes and the State,
and authorizing cooperative agreements with Indian tribal governments as provided for in ORS
190.110;
NOW, THEREFORE, Oregon Parks and Recreation Department (OPRD) and or their successor,
represented by the Director and the CTUIR, represented by the Chair of the Board of Trustees,
enter into the following Memorandum of Agreement (MOA).
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ARTICLE I. Definitions
“CTUIR” means the Confederated Tribes of the Umatilla Indian Reservation.
“Burial” as defined in ORS 358.905, means any natural or prepared physical location whether
originally below, on or above the surface of the earth, into which, as a part of a death rite or
death ceremony of a culture, human remains were deposited.
“Funerary objects” as defined in ORS 358.905, means any artifacts or objects that, as a part of a
death rite or ceremony of a culture, are reasonably believed to have been placed with individual
human remains either at the time of death or later.
“Human remains” as defined in ORS 358.905, means the physical remains of a human body,
including but not limited to, bones, teeth, hair, ashes or mummified or otherwise preserved soft
tissue of an individual.
“Object of cultural patrimony” as defined in ORS 358.905, Means an object having ongoing
historical, traditional or cultural importance central to the native Indian group or culture itself
rather than property owned by an individual native Indian, and which, therefore, cannot be
alienated, appropriated or conveyed by an individual regardless of whether or not the individual
is a member of the Indian tribe. The object shall have been considered inalienable by the native
Indian group at the time the object was separated from such group.
“OPRD” means the Oregon Parks and Recreation Department.
“Sacred Object” as defined in ORS 358.905, means an archaeological object or other object that:
is demonstrably revered by any ethnic group, religious group or Indian tribe as holy; is used in
connection with the religious or spiritual service or worship of a deity or spirit power; or was or
is needed by traditional native Indian religious leaders for the practice of traditional native Indian
religion.
“State park lands” means lands owned by OPRD and used for park purposes within the CTUIR
reservation or ceded lands or traditional use areas of the CTUIR.
ARTICLE II. Protection of Native Indian Burial Sites
The OPRD agrees to protect native Indian burial and reburial sites on state park lands according
to ORS 97.745 and 166.085. The OPRD agrees to leave each burial site free from disturbance
from the public, projects and other intrusions. The CTUIR agrees to work with the State Historic
Preservation Office to designate the necessary protections of each burial site before any such site
is established.
When feasible, the state agrees to make certain state park lands available for reburial when it is
determined by the OPRD and the CTUIR that those lands are appropriate for reburial and landuse
is not inconsistent with burial protection. Additionally, the OPRD agrees to protect the
confidentiality of Indian burial sites on state park lands consistent with ORS 192.501 (11).
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The OPRD agrees to continue to allow access to site forms and documentation on archaeological
and cultural resources for information within the CTUIR reservation, ceded lands and traditional
use areas for the purpose of this agreement and to assist in cultural resources management in
general.
Upon approval by the Cultural Resources Committee, the CTUIR agrees to share relevant data as
requested by OPRD.
ARTICLE III. Notice and Cooperation
The OPRD agrees to formally consult in good faith with the CTUIR and provide at least 60
business days advanced written notice to both the CTUIR and the State Historic Preservation
Office before it undertakes or allows any activity within a protected native Indian burial site
covered by this agreement that has potential to physically disturb the site or negatively affect its
cultural or religious significance to the CTUIR. The CTUIR agrees to respond in writing to any
such OPRD notice within 30 business days of receipt of notice. In the case of unforeseen
emergencies or acts of nature, the OPRD shall give notice within 48 hours by the most efficient
means possible.
The CTUIR and OPRD agree to regular meetings to occur no less than once a year for the
purpose of reviewing this agreement and the performance of the OPRD and CTUIR under this
agreement and to update any changes in persons designated as points of contact.
The OPRD agrees to coordinate with its State Historic Preservation Officer on any matters
covered by this agreement.
The OPRD and CTUIR agree to use the following points of contact:
A. Oregon State Parks and Recreation
i. Policy Contact: Correspondence concerning policy matters should be
directed to
Director, Parks and Recreation Department
U.S. Mail: Next Day Delivery:
1115 Commercial St NE Same
Salem OR 97301-1002
Office: 503-378-4168
Fax: 503-378-8936
ii. Technical Contact: Correspondence concerning technical matters should
be directed to:
Oregon State Historic Preservation Officer
Parks and Recreation Department
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U.S. Mail: Next Day Delivery:
1115 Commercial St NE Same
Salem OR 97301-1002
Office: 503-378-4168
Fax: 503-378-8936
B. The CTUIR
i. Policy Contact: Correspondence concerning policy matters should be
directed to:
Chair of the Board of Trustees AND Chair, Cultural
Confederated Tribes of the Umatilla Resources Comm.
Indian Reservation
U.S. Mail: Next Day Delivery:
PO Box 638 73293 Confederated Way
Pendleton OR 97801 Pendleton OR 97801
Office: 541-276-3165
Fax: 541-276-3095
ii. Technical Contact: Correspondence concerning technical matters should
be directed to:
Manager, Cultural Resources Protection Program
Department of Natural Resources
Confederated Tribes of the Umatilla
Indian Reservation
U.S. Mail: Next Day Delivery:
PO Box 638 73293 Confederated Way
Pendleton OR 97801 Pendleton OR 97801
Office: 541-276-3629
Fax: 541-276-1966
ARTICLE IV. Terms and Conditions
Nothing in this Agreement limits or waives any of the sovereignty, rights, responsibilities,
jurisdiction or authority of either party.
This agreement may be terminated by either party upon 30 days written notice.
ARTICLE V. Responsible Representatives
The representative for the State of Oregon, Oregon Parks and Recreation Department responsible
for these matters shall be the Director of the Department.
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The Government to Government representative for the CTUIR is the Chair of the Board of
Trustees, or his designee. The Cultural Resource Committee and the Cultural Resources
Protection Program will be responsible for facilitating reburials and communication.
This agreement becomes effective on the date of the latest signature below.
___________________________ ___________________________
Gary Burke Michael Carrier
CONFEDERATED TRIBES OF THE THE STATE OF OREGON,
UMATILLA INDIAN RESERVATION OREGON PARKS AND RECREATION DEPT.
__________________________ ___________________________
Date Date
Approved by the State Parks and Recreation
Commission on: ______________________
Date

URL: http://www.umatilla.nsn.us/crpp/pdf/burial_protection.pdf

Notes:

Related Names: Confederated Tribes of the Umatilla Indian Reservation| State of Oregon Parks and Recreation Department

Contact Info: Confederated Tribes of the Umatilla Indian ReservationJeff Van PeltProgram Manager(541) 276-3629