NorthwestFebruary 13, 2004

Dean Ferguson

ENTERPRISE, Ore. -- A subdivision planned for 60 acres next to the Old Chief Joseph cemetery near Wallowa Lake in Oregon was approved by the Wallowa County Board of Commissioners Thursday.

"It was not a decision that depended on public opinion," said Ben Boswell, one of three Wallowa County Commissioners who voted unanimous approval of the development. "It was a decision made with the rules the county has to go by. The bottom line is people wanted us to change the rules."

The Nez Perce Tribe opposes the decision because of the site's cultural and historical significance.

"We believe the county's decision is a dishonor to our history and a discredit to themselves," said Anthony D. Johnson, Chairman of the Nez Perce Tribal Executive Committee. "We fully intend to appeal this decision as well as take any other action necessary to protect this site."

The development would carve the site into five-acre lots for 11 homes. The land is adjacent to the trailhead of the Nez Perce National Historic Trail. The trail follows the 1,500-mile retreat taken by the Nez Perce during the 1877 War.

Boswell said his county has been inundated with mail from across the nation. A Wilderness Society campaign resulted in 500 faxes to his office. However, he said the public comment period closed two weeks ago and none of the comments are part of the record.

"We listened very attentively and took very seriously the tribe's contention for protection of the archaeological sites."

This is the third time in his 11 years as a commissioner that Boswell has voted approval to develop the site, he said.

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Along with archaeological concerns, the site has water, scenic and road issues that makes it a tough location to develop, he said. The county will also require the developer to disturb as little earth as possible and have in place a mitigation plan in case artifacts are unearthed.

The Nez Perce Tribe was joined in opposition by the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Colville, the city of Joseph and a group of Wallowa County citizens.

Boswell said opposition to the development should have taken place prior to the most recent proposal. The land is next to the Joseph city limits and zoned for residential development. The land could have been zoned back to farm land, he suggested.

If the past is any indication, Boswell says the land use board reviews the proposal and turns it back to the commissioners for another round of debate.

Boswell said there may yet be another option for resolving the controversy. He has been updating the office of U.S. Sen. Gordon H. Smith, R-Oregon, who may support preserving the land with a buyout by the federal government. He notes, too, that the purchase price could rise now that the property is cleared for development.

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Ferguson may be contacted at dferguson@lmtribune.com

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