ORDINANCE
No. 08-2000
USE
OF TRIBAL CUSTOM AND TRADITIONAL LAW ORDINANCE
The Business Council of the Blue Lake Rancheria, empowered by the Tribal
Constitution to enact ordinances, hereby ordains the following:
§1. Definitions
For the
purposes of this ordinance, the following words shall have the following
meanings:
(a) The
term "Business Council" means the Business Council of the Blue
Lake Rancheria.
(b) The
term "person" means any individual, corporation, firm, partnership,
joint venture, association, social club, estate, trust, federal, tribal,
state, county, city, or district government, or other political subdivision
thereof, or any other group or combination acting as a unit whether
incorporated or not, including a person acting in fiduciary or representative
capacity.
(c) The
term "Rancheria" means all land, air, and water located within
the exterior boundaries of the Blue Lake Rancheria.
(d) The
term "Tribal EPA" means the Tribal Environmental Protection
Agency of the Blue Lake Rancheria.
(e) The
term "Tribe" means the Blue Lake Rancheria, a federally recognized
tribe.
§2. Choice of Law
In carrying
out judicial functions, the Tribal EPA and the Business Council shall
apply the laws, ordinances, customs and traditions of the Tribe. In
the absence of tribal laws in civil matters, the Tribal EPA and the
Business Council may apply the laws and regulations of the United States.
§3. Tribal Custom and Tradition
(a) Tribal
custom and tradition shall supersede any conflicting evidentiary or
procedural rule, when specifically presented by the Tribal EPA, Business
Council, or any person in a civil action before the Tribal EPA or
Business Council.
(b) Tribal
custom and tradition shall be established by testimony or affidavit
of an expert or by the Tribal EPA or Business Council. An expert is
an elder or other person recognized by the community as knowledgeable
in tribal custom and tradition.
§4. Effect of Ordinance on Other Tribal Ordinances
This Ordinance
supersedes any conflicting or contrary superseding ordinances passed
by the Tribe.
§5. Severability
If any
provision of this Ordinance or the application thereof to any person
or circumstance is held invalid, its invalidity does not affect other
provisions or applications of this Ordinance, and to this end the provisions
of this Ordinance are severable.
§6. Sovereign Immunity
The sovereign
immunity of the Tribe is in no manner waived by this Ordinance or by
any action by the Business Council, the Tribal EPA, or other staff of
the Tribe acting pursuant to this Ordinance.
§7. Amendments
This Ordinance
may be amended at any time by the Business Council.
§8. Effective Date
This ordinance
shall take effect immediately upon passage.
CERTIFICATION
| As
the Chairperson of the Business Council for the Blue Lake Rancheria,
I hereby certify that the Business Council adopted this Ordinance
at a duly called meeting at which a quorum was present by a vote
of 5 for, with 0 against, with 0 abstaining,
with 0 absent, on this 2nd day of January, 2000. |
_______________/s/________________
Claudia Brundin, Chairperson |
__Jan.
2, 2000____
Date |
_______________/s/________________
Melanie Shelanskey, Tribal Secretary |
__Jan.
2, 2000____
Date |
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