50 - Comprehensive Business Policy Code
ORDINANCE NO: 03-98
APPROVED: June 8, 1998
APPROVAL OF THE TRIBAL COMPREHENSIVE BUSINESS POLICY CODE, TITLE
50 OF THE HOOPA TRIBAL CODE.
The Hoopa Valley Tribe did on June 20, 1972, adopt a Constitution
and Bylaws which was approved by the Commissioner of Indian Affairs
on August 18, 1972, ratified by Act of Congress on October 31, 1988,
and amended on June 19, 1990 and, by tribal law, the sovereign authority
of the Tribe over the matter described herein is delegated to the Hoopa
Valley Tribal Council, acting by law, and
Article IX of the Constitution authorizes the Hoopa Valley Tribal
Council to promulgate and enforce ordinances to regulate the conduct
of commerce within the Tribe's jurisdiction, and
The Tribal Council has identified business development and job creation
as major goals for the Tribe, and that said goals are consistent with
the Tribe's priorities of maintaining a strong, self-governing and stable
THEREFORE BE IT RESOLVED: The Hoopa Valley Tribal Council hereby
enacts the Tribal Comprehensive Business Policy Code as Title 50 of
the Hoopa Tribal Code.
TITLE 50 -TRIBAL COMPREHENSIVE BUSINESS POLICY CODE
50.101. Short Title.
title of this Code shall be the Tribal Comprehensive Business Policy
Code of the Hoopa Valley Tribe.
in Titles 50-60, unless intended otherwise by the context used, the
means the jurisdiction of the Hoopa Valley Tribe, whether within or
without the exterior boundaries of the Reservation.
means the Hoopa Valley Indian Reservation, as presently and hereafter
means the Hoopa Valley Tribe.
Comprehensive Business Codes" means Title 50ñ60 of the
Council" means the Hoopa Valley Tribal Council
Court" means the Hoopa Tribal Court.
Constitution" means the Constitution and Bylaws of the Hoopa
Valley Tribe, and any amendments thereof.
law" means the Tribal Constitution and all laws now or hereafter
duly enacted by the Tribal Council.
50.103. Purpose and Construction.
purpose of the Tribal Comprehensive Business Codes are to establish
the policy framework through which the Tribe, its entities, private
businesses and individuals may conduct business activities within
the territorial and governmental jurisdiction of the Tribe. The policies
set forth in this Code shall apply to each of the Codes contained
in Titles 50-60 of the Hoopa Tribal Code. The provisions of this Code
shall be liberally construed and applied to promote its underlying
purposes and policies.
Titles of the Tribal Comprehensive Business Codes apply individually
and collectively to Titles 50-60.
Tribal Court has jurisdiction to adjudicate matters arising from the
Tribal Comprehensive Business Codes.
50.104. Tribal and Private Sector Business Policy.
recognizes that a strong Reservation economy must include both tribal
and private sector development. It is the policy of the Tribal Council
to promote both tribal and private sector development within the exterior
boundaries of the Reservation and elsewhere within the jurisdiction
of the Tribe. It shall be the policy of the Tribe to interpret laws,
policies, regulations, procedures, etc., in a manner that facilitates
the development and promotion of businesses on the Reservation to the
greatest commercial potential possible.
50.105. Employment In Lieu of Tax Policy.
is the policy of the Tribe to facilitate and enhance job stability,
career opportunities and use of inherent Tribal powers to create and
maintain a sound business environment within the within the Tribe's
jurisdiction. Consistent with these goals, it is the policy of the
Tribe to promote the least restrictive and most cost effective business
environment within which a business environment can be promoted. As
part of this policy, the Tribe hereby establishes an "employment
in lieu of tax" policy for businesses operating pursuant to the
authority prescribes in the Tribal Comprehensive Business Codes.
policy contained in 50.105( a) is intended to stimulate and promote
local employment and business opportunities. While it is anticipated
that local business development will generate the need to improve
services, facilities and infrastructure to support business and employment
opportunities, consistent with the policy of employment in lieu of
tax, the Tribal Council will conduct direct and open discussions with
businesses within the Tribe's jurisdiction to address community and
governmental infrastructure needs and will strive to develop alternative
methods for addressing infrastructure needs in lieu of imposing taxes
50.106. Private Business Noninterference Policy.
is the policy of the Tribal Council that, to the greatest extent feasible,
and without waiving authorities over such business activities, the
Hoopa Tribal Government, its entities and its employees, while conducting
affairs under the authorities of such offices shall not knowingly
and unnecessarily interfere, obstruct, hinder, nor negatively impact
private sector business(es) being properly and lawfully carried out
in accordance with the provisions of the Tribal Comprehensive Business
Codes, without first determining that the Tribe has an overriding
interest in doing so.
is the policy that the Tribe will not knowingly and unnecessarily
create unfair business practices or unfair competition, nor interfere,
obstruct, hinder or negatively impact, any private sector business
that generates less than one-hundred thousand dollars ($ 100,000.00)
in net profits, as determined by the financial statements of such
business, without first demonstrating that the Tribe has an overriding
tribal interest in doing so.
For the purposes of 50.106(b), unfair business practices means taking
governmental actions that create difficulties or burdens on private
sector businesses, enact additional regulatory or administrative
requirements, or cause additional costs to be incurred, without
first demonstrating that the Tribe has an overriding interest in
For the purpose of 50.196(b), unfair competition means taking governmental
action that favors one business over another, or that results in
the Tribe creating governmental entities that unfairly compete against
private sector business(Es) without first demonstrating that the
Tribe has an overriding interest in doing so.
in this section shall be construed as creating a financial claim against
the Tribe, the Tribal Council, or its officers and employees.
50.107. Use of Tribal Lands and Resources to Promote Business.
is the policy of the Tribe to allow the use of tribal land, natural
and financial resources and opportunities for the promotion of economic
benefits to create jobs, expand business opportunities and secure
business independence in order to achieve the goals prescribed in
this Code, consistent with applicable regulations and statutes.
the policy prescribed in 50.107( a), the Tribal Council may entertain
proposals from private sector business interests for privatizing Tribal
Governmental activities. If approved, the Tribal Council will enter
into a contractual agreement with such business interests for carrying
out such contracted services.
grant and other programs for which the Tribe is eligible, and that
the Tribe or any of its departments does not express an interest in
applying for, the Tribe hereby authorizes businesses operating pursuant
to the Tribe's Comprehensive Business Codes to apply for and operate
such programs within the Tribe's jurisdiction.
50.108. Not a Waiver of Authority or Jurisdiction.
in this Code shall be construed as a waiver by the Tribe of its authority
or jurisdiction over businesses operating within its jurisdiction.
50.109. Local Purchasing Policy.
It is the
policy that Hoopa Tribal Governmental purchasing power generated by
both tribal and other funds be used to support local businesses and
that every effort be made by Tribal departments to purchase from local
vendors and businesses. When comparing the cost for non-local purchases,
all costs associated with a non-local purchase are to be taken into
consideration, including mileage, wages, per diem, taxes and freight.
In addition, written documentation must be submitted along with a request
for non-local purchases which explain why it is not feasible to make
such purchase(s) locally. In implementing this policy, non-local purchases
may be authorized under the following situations:
Need for Services of Goods. The need for the services or goods is
so urgent that time will not permit the purchase from a local vendor
Availability/ Not Available Locally. The goods or services to be procured,
or a like equal, are not available from a local vendor or business.
Segments. When segments of goods or services are so intertwined that
it is impossible to accomplish the objectives if all or parts of the
segments were to be procured locally.
Approval. The contemplated purchase received prior approval for a
50.110. Department of Commerce Business Tax.
hereby enacted a one percent (1%) business tax on gross revenues for
all business operating under the authority of this Code, except Tribal
Entities operating pursuant to Title 52, for the purpose of maintaining
the Tribal Department of Commerce (Department). The Department shall
submit to the Tribal Council an annual plan which includes a budget,
goals, staffing plan, and other requirements, for the Department's operations.
The Department's annual plan will be incorporated into the Tribe's annual
event that any provision of this Code shall be found or declared to
be invalid, the remaining provisions of this Code shall be unaffected
thereby, and shall remain in full force and effect.
undersigned, as Chairman of the Hoopa Valley Tribal Council do hereby
certify that the Hoopa Valley Tribal Council, composed of eight members,
of which ____ were present constituting a quorum at a regular (special)
meeting thereof; duly and regularly called, noticed, and convened, and
held this eighth day of June, 1998; and that this Ordinance was duly
adopted by a vote of ____ for and ____ against, and that said ordinance
has not been rescinded or amended in any way.
EIGHTH DAY OF JUNE, 1998.
MERV GEORGE, JR., CHAIRMAN
HOOPA VALLEY TRIBAL COUNCIL
DARCY BALDY, EXECUTIVE SECRETARY
HOOPA VALLEY TRIBAL COUNCIL