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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

LLOjibwe JCT1 CTS Part II, § 1
Section 1. Leech Lake Band Tribal Court Jurisdiction

A. Territory.

The jurisdiction of the Tribal Court and the effective area of this Code shall extend to disputes arising within or concerning all territory within the Leech Lake Indian Reservation boundaries, including, but not limited to, trust lands, fee patent lands, allotments, assignments, roads, waters, bridges, and existing and future lands outside the boundaries owned or controlled by the Band for its benefit, the benefit of its members, the benefit of other enrolled members of the Minnesota Chippewa Tribe, or the benefit of other Indian persons. The territory of the Band to which this Code applies shall also include boundary waters of the Leech Lake Reservation which means those lakes, rivers and streams bisected by the exterior boundary of the Leech Lake Reservation, including the portions of which extend outside the exterior boundary line and are identified as follows:

 

Name

County

Township

Range

 

 

 

 

 

 

Mississippi River

Cass/Itasca

144/145/55

25/26

 

Leech Lake River

Cass

143/144

26/27/28

 

Leech Lake

Cass

 

 

 

Boy Lake

Cass

142

27/28

 

Boy River

Cass

141/142/143

27

 

Hazel Lake

Cass

141

29

 

Steamboat Lake

Cass/Hubbard

144

31/32

 

Mud Lake

Hubbard

145

32

 

Wolf Lake

Hubbard/Beltrami

145/146

32

 

Swenson Lake

Beltrami

146

32

 

Unnamed

Beltrami

146

32

 

Pimushe

Beltrami

147/148

30/31

 

Moose Lake

Beltrami

147

30

 

Third River

Itasca

147

29

 

Squaw Lake

Itasca

149

27

 

Rice Lake

Itasca

149

27

 

Little Whitefish Lake

Itasca

149

26

 

Four Town Lake

Itasca

148/149

25/26

 

Bowstring Lake

Itasca

147

25/26

 

Taylor Lake

Itasca

147

25

B. Subject Matter.

The jurisdiction of the Tribal Court shall extend to:

1. All persons who reside or are found within the territorial jurisdiction of the Band and are: Band members or eligible for membership in the Band; members of the Minnesota Chippewa Tribe; members of other Federally recognized Indian tribes; or Indians who are recognized as such by an Indian community or by the Federal government for any purpose.

2. All persons described in Subdivision B.1., wherever located, while exercising tribal rights pursuant to federal, state or tribal law.

3. All persons outside the exterior boundaries of the Leech Lake Indian Reservation, as defined herein, within the jurisdiction of the Band pursuant to federal or tribal law.

4. All other persons whose actions involve or affect the Band, or its members, through commercial dealings, contracts, leases, or other arrangements. For purposes of this Code, person shall mean all natural persons, corporations, joint ventures, partnerships, trusts, trust funds, public or private organizations, or any business entity of whatever kind.

C. Actions.

The judicial power of the Tribal Court shall extend to:

1. All matters and actions within the power and authority of the Leech Lake Band including controversies arising out of the Constitution of the Minnesota Chippewa Tribe, by-laws, statutes, ordinances, resolutions, and codes enacted by the Reservation Tribal Council; and such other matters arising under enactments of the Reservation Tribal Council or the customs and traditions of the Ojibwe people of the Leech Lake Reservation.

2. All civil causes of action arising at common law including, without limitation, all contract claims (whether the contract at issue is written or oral or existing at law), all tort claims (regardless of the nature), all property claims (regardless of the nature), all insurance claims, and all claims based on commercial dealings with the Band, its agencies, subentities, and corporations chartered pursuant to its laws, and all nuisance claims. The court shall have original jurisdiction whether the common law cause of action is one which has been defined as Band common law, or is one which exists at common law in another jurisdiction and which is brought before the Tribal Court based upon reference to the law of that other jurisdiction. For the purposes of this Code, “common law” shall mean the body of those principles and rules of action, relating to the government and security of persons and property, which derive their authority solely from the usages and customs, or from the judgments and decrees of courts recognizing and affirming such usages and customs, and as is generally distinguished from statutory law.

3. Other actions arising under the laws of the Band as provided in those laws.

4. Limitation of Actions.

No complaint shall be filed in a civil action unless the events shall have occurred within a six (6) year period prior to the date of filing the complaint: provided, that this general statute of limitations shall not apply to suits filed to recover public moneys or public property intentionally or erroneously misspent, misappropriated, or misused in any way; and further provided that this general statute of limitations shall not apply to any debt owed the Band or any of its agencies, arms, or instrumentalities, whether organized or not under Band law.

D. Concurrent Jurisdiction.

The jurisdiction invoked by this Code over any person, cause of action, or subject shall be concurrent with any valid jurisdiction over the same of the courts of the United States, any state, or any political subdivision thereof; provided, however, this Code does not recognize, grant, or cede jurisdiction to any state or other political or governmental entity in which jurisdiction does not otherwise exist in law.

Inclusion of language, definitions, procedure, or other statutory or administrative provisions of the State of Minnesota or other state or federal entities in this Code shall not be deemed an adoption of that law by the Band and shall not be deemed an action deferring to state or federal jurisdiction within the Leech Lake Reservation where such state or federal jurisdiction may be concurrent or does not otherwise exist.

Leech Lake Ojibwe Jud. Code, T. 1, Courts Part II, § 1, LLOjibwe JCT1 CTS Part II, § 1



LLOjibwe JCT1 CTS Part II, § 2
Section 2. Suits Against the Band

A. Sovereign Immunity of Band.

The sovereign immunity from suit of the Band and every elected Tribal Council member, or tribal official with respect to any action taken in an official capacity or in the exercise of the official powers of any such office, in any court, federal, state or tribal is hereby affirmed; nothing in this Code shall constitute a waiver of the Band's sovereign immunity. The Tribal Court shall have no jurisdiction over any suit brought against the Band in the absence of an unequivocally expressed waiver of that immunity by the Tribal Council.

B. Tribal Action Not a Waiver of Sovereign Immunity.

No enforcement action taken pursuant to this Code, including the filing of an action by the Band or any agency of the Band in the Tribal Court, shall constitute a waiver of sovereign immunity from suit of the Band, or any elected Tribal Council member or tribal official with respect to any action taken in an official capacity, or in the exercise of the official powers of any such office, either as to any counterclaim, regardless of whether the counterclaim arises out of the same transaction or occurrence, or in any other respect.

C. Resolution Required for Waiver of Sovereign Immunity.

The sovereign immunity of the Band and any elected Tribal Council member or tribal official with respect to any action taken in an official capacity, or in the exercise of the official powers of any such office, in any action filed in the Tribal Court with respect thereto, may only be waived by a formal resolution of the RTC. All waivers shall be unequivocally expressed in such resolution. No waiver of the Band's sovereign immunity from suit may be implied from any action or document. Waivers of sovereign immunity shall not be general but shall be specific and limited as to the jurisdiction or forum within which an action may be heard, duration, grantee, action, and property or funds, if any, of the Band or any agency, subdivision or governmental or commercial entity of the Band subject thereto. No express waiver of sovereign immunity by resolution of the Tribal Council shall be deemed a consent to the levy of any judgment, lien or attachment upon property of the Band or any agency, subdivision or governmental or commercial entity of the Band other than property specifically pledged or assigned therein.

Leech Lake Ojibwe Jud. Code, T. 1, Courts Part II, § 2, LLOjibwe JCT1 CTS Part II, § 2




LLOjibwe JCT1 CTS Part II, § 3
Section 3. Prior Title I of Judicial Code and Prior Inconsistent Codes and Ordinances Repealed

Title 1 of the Judicial Code of the Leech Lake Band enacted on 1/06/98 is hereby repealed in its entirety. Any and all other codes and ordinances of the Band which conflicts in any way with the provisions of this title are hereby repealed to the extent that they are inconsistent with, or are contrary to, the spirit and/or purpose of this Code.

Leech Lake Ojibwe Jud. Code, T. 1, Courts Part II, § 3, LLOjibwe JCT1 CTS Part II, § 3




LLOjibwe JCT1 CTS Part II, § 4
Section 4. Amendments and Revision

This Code may be amended by action of the Reservation Tribal Council. Amendments, additions, and deletions to this Code shall become a part hereof for all purposes and shall be codified and incorporated herein in a manner consistent with its numbering and organization. No enactment, ordinance, resolution, or otherwise, shall apply to any pending cases before the Tribal Court at the time action is taken by the Reservation Tribal Council.

Leech Lake Ojibwe Jud. Code, T. 1, Courts Part II, § 4, LLOjibwe JCT1 CTS Part II, § 4




LLOjibwe JCT1 CTS Part II, § 5
Section 5. Code Reviser

A. Appointment.

The Tribal Court Administrator is hereby appointed Code Reviser for the Band.

B. Duties of Reviser.

The Reviser shall carry out all duties assigned under this section, including, but not limited to:

1. Certify by signature and date, any and all amendments, corrections, revisions, updates, and expansions to this Code, and other codes, ordinances, and statutory laws enacted by the Reservation Tribal Council. Provided however, the Reviser's actions shall be ministerial in nature and the Reviser shall not be empowered to determine whether an action is necessary or sufficient for the lawful enactment into law of any amendment, correction, revision, update, or expansion of this Code or other Band laws.

2. Keep an official indexed and written record, which shall be public, of all certifications made by the Reviser under this section.

3. Provide copies of all certified revisions of the code to any person or agency requesting such copies. The Reviser may establish a reasonable cost for such copies.

C. Certification to Code Reviser.

Upon adoption of any and all amendments, corrections, revisions, updates, or expansions of the code by the Reservation Tribal Council, the Secretary/Treasurer of the Tribal Council shall convey a copy of the amendment, correction, revision, update or expansion of the code together with a copy of the resolution adopting it, to the Reviser.

D. Effective Date of Revisions.

Upon receipt of all the necessary documents from the Secretary/Treasurer, the Reviser shall make a written and dated Certification of Amendment which shall be permanently attached to the said documents and kept in the permanent files of the Reviser. All revisions of the code shall be effective on the date of the written certification required by this section, and not before.

E. Distribution.

Distribution of new code provisions shall be at the discretion of the Reviser and may be at a cost established by the him/her.

Leech Lake Ojibwe Jud. Code, T. 1, Courts Part II, § 5, LLOjibwe JCT1 CTS Part II, § 5

 

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