TITLE
2 - BAND GOVERNMENTAL POWER AND SOVEREIGNTY
| Chapter |
Section
|
| 1.
General Provisions |
1
|
| 2.
Treaty Rights |
1001
|
| 3.
Intergovernmental Relations |
2001
|
| 4.
Exclusion and Removal |
3001
|
Historical
and Statutory Notes
The Preamble of Band Statute 1141-MLC-2 provides:
"WHEREAS,
in 1981, the Non-Removable Mille Lacs Band of Chippewa Indians, in a
historic step, adopted a form of government based on the principle of
division of powers, and,
"WHEREAS,
that form of government has proven to be highly satisfactory, but experience
with the large body of law which was necessary to establish the system
has revealed a number of flaws and ambiguities, and,
"WHEREAS,
the Band Assembly has determined to improve Band government by adopting
an entire Code of government, revising and replacing the former Code,
NOW THEREFORE, IT IS ENACTED BY THE BAND ASSEMBLY:"
Band Statute 1141-MLC-2, §§ 1 and 2 provide:
"Section
1. Purpose. The purpose of this act is to promote the general welfare
of the Non-Removable Mille Lacs Bands of Chippewa Indians and its members
by establishing duties, purposes and procedures for the conduct of domestic
and external affairs of the Band by a form of government based upon
the principle of division of powers. This statute is enacted by the
authority vested in the Mille Lacs Reservation Business Committee under
Article VI, Section 1 of the Constitution of the Minnesota Chippewa
Tribe.
"Section
2. Scope of Amending Provision. Band Statutes 1001-MLC-l, 1002-MLC-02,
1008-MLC-1, 1011-MLC-5, 1024-MLC-3, 1032-MLC-l, 1033-MLC-l, 1037-MLC-2,
1039-MLC-1, 1063-MLC-5 are hereby repealed in their entirety and replaced
by the provisions of this act, except that:
"Section
2.01 . The provisions of Band Statute 1032-MLC-l, Section 28, relating
to the authorities of the Commissioner of Corporate Affairs shall be
transferred and hereinafter referenced by Band Statute 1077-MLC-l6,
Section 5.
"Section
2.02. The provisions of Band Statutes 1032-MLC-1, Section 29, relating
to the authorities of the Commissioner of Natural Resources shall be
transferred and hereinafter referenced by Band Statute 1030-MLC-22,
Section 32."
Chapter
1
GENERAL
PROVISIONS
Section
1. Derivation of powers.
2. Written and unwritten laws.
3. Division of powers.
4. Functions of governmental authority.
5. Sovereign immunity.
6. Official seal.
7. Contracts with Band.
8. Official oath of office
9. Code of ethics.
10. Geographical jurisdiction for services.
11. Designation of Band Districts.
12. Waiver for special dispensation.
Cross
References
Construction
and interpretation of this Chapter and Title 3, see 3
MLBSA §§ 29, 30.
§ 1. Derivation of powers
All political powers of the Non-Removable Mille Lacs Bands of Chippewa
Indians derive from the aboriginal rights of the Band comprised of the
Non-Removable Sandy Lake Band of Chippewa Indians, the Rice Lake Band
of Chippewa Indians, Snake River Chippewa Indians and the Kettle River
Band of Chippewa Indians, and the inherent and aboriginal rights of
the people of the Band to self-government. Some of these rights have
been delegated to establish a constitutional form of government in which
the Constitution of the Minnesota Chippewa Tribe is the supreme law
of the Band. The Band has reserved to itself, however, the power to
maintain a Band government which may enact laws to preserve the sovereignty
of the Band and to promote and maintain individual rights and promote
the general welfare of the people of the Band.
Historical
and Statutory Notes
Source: Band Statute 1142-MLC-2, § 3.
Cross
References
Protection for cultural values, see 1
MLBSA § 13.
§ 2. Written and unwritten laws
All the organs of Band government are subject to written laws, consistent
with the authority delegated by the constitution and unwritten laws
based upon the customs and traditions of our Band since time immemorial.
Historical
and Statutory Notes
Source: Band Statute 1142-MLC-2, § 3.01.
§ 3. Division of powers
To accomplish a fair and just exercise of authorities conferred by the
people in the Constitution, the authorities of government shall be balanced
by dividing such authorities so that no one person or governmental entity
shall have absolute power.
Historical
and Statutory Notes
Source: Band Statute 1142-MLC-2, § 3.02.
Cross
References
Band Assembly District Representatives, prohibition against exercising
Executive or Judicial powers, see 3
MLBSA § 8.
Joint Session of the Band Assembly, see 3
MLBSA § 24.
Solicitor General, investigations and prosecutions against members of
all three branches, see 24 MLBSA §
1054.
§ 4. Functions of governmental authority
The authority of government conferred pursuant to Articles I, VI and
XIII of the Constitution of the Minnesota Chippewa Tribe is hereby divided
into three functions. The three functions of our Band government shall
be executive, legislative and judicial.
Historical
and Statutory Notes
Source: Band Statute 1142-MLC-2, § 4.
Cross
References
Executive political authority, see 4
MLBSA § 2.
Joint Session of the Band Assembly, see 3
MLBSA § 24.
Judicial authority, see 5 MLBSA
§ 101
Legislative political authority, see 3
MLBSA § 1.
§ 5. Sovereign immunity
(a)
The Band Assembly shall direct by law, in what manner, and in what
courts, suits may be brought against the Non-Removable Mille Lacs
Bands of Chippewa Indians. Except as specifically authorized by Band
Statute, the Non-Removable Mille Lacs Bands of Chippewa Indians shall
not be subject to suit in any court of competent jurisdiction without
its express written consent to such suit. The sovereign immunity of
the Non-Removable Mille Lacs Bands of Chippewa Indians shall apply
unless expressly waived by Band statute.
(b)
Under no circumstances or matters of material fact shall the Band
Assembly waive sovereign immunity for the provisions of services to
members of the Non-Removable Mille Lacs Band of Chippewa Indians,
when said members as citizens of the state of Minnesota meet eligibility
guidelines to receive said services. Any said official of the Band
shall have no authority, upon his authorization of any contractual
document to consent, on behalf of the Band to suit in any court of
competent jurisdiction or to submit to any binding arbitration utilizing
the civil rules of procedure of the United States of America or the
state of Minnesota in any dispute which involves the Band. Therefore,
the appearance of any signature of any official of the Non-Removable
Mille Lacs Band of Chippewa Indians to any contractual document shall
be valid only for the purposes of implementing the Indian Self Determination
and Education Assistance Act of 1975, Public Law 93-638 (25 U.S.C.A.
§ 450 et seq.) by providing assistance to Indians from Indians.
The foregoing shall be liberally construed so as to effectuate the
purposes thereof.
Historical
and Statutory Notes
Source:
Band Statute 1085-MLC-37, § 75.01.
Band Statute 1142-MLC-2, § 30.
§ 6. Official seal
The Official Seal of the Non-Removable Mille Lacs Band of Chippewa Indians
shall be affixed to all official documents of the Executive and Legislative
Branches of government for the Non-Removable Mille Lacs Bands of Chippewa
Indians. Any document of the Executive or Legislative Branch that is
required to possess the Official Seal affixed shall have no force or
effect and no weight in law until such time as the Seal is affixed.
Historical
and Statutory Notes
Source: Band Statute 1142-MLC-2, § 35.
§ 7. Contracts with Band
All contractual or other types of agreements, regardless of subject
matter shall be executed on lands under the jurisdiction of the Non-Removable
Mille Lacs Band of Chippewa Indians and contain the official seal of
the Band to be of any force and effect in any court of law. All said
contract or contracts entered into in violation of this Section shall
be of no force or effect.
Historical
and Statutory Notes
Source: Band Statute 1085-MLC-37, § 75.
Cross
References
Contracts with Indian tribes, see 25 U.S.C.A. § 81 et seq.
§ 8. Official oath of office
The Chief Justice, or any other Justice of the Court of Central Jurisdiction,
before the Band Assembly shall administer the official Oath of Band
Office to all popularly-elected leaders of the Band and to any appointee
of the Band. The Oath shall be: "I, (name of officer), do hereby swear
that I will support, honor and protect the Constitution of the Minnesota
Chippewa Tribe, the Constitution of the United States of America, and
the laws of the Non-Removable Mille Lacs Band of Chippewa Indians, and
I will protect the rights of Band members and others under the jurisdiction
of the Non-Removable Mille Lacs Bands of Chippewa Indians, and I will
faithfully and impartially discharge the duties of the office to which
I hold to the best of my judgment and ability, so help me gi chi ma
ni do.
Historical
and Statutory Notes
Source: Band Statute 1142-MLC-2, § 34.
Cross
References
Federation Cultural Resources Board, oath of office, see 10
MLBSA § 106.
Oath for Band offices, see 5 MLBSA
§ 15.
9. Code of ethics
The Band Assembly shall establish by law a code of ethics to govern
the behavior of all elected and appointed officers of the Non-Removable
Mille Lacs Bands of Chippewa Indians.
Historical
and Statutory Notes
Source: Band Statute 1142-MLC-2, § 18.
Cross
References
Recall of appointed officials, violations of code of ethics, see 4
MLBSA § 15.
§ 10. Geographical jurisdiction for services
Enrolled members of the Non-Removable Mille Lacs Bands of Chippewa Indians
who reside on trust and/or allotted lands under the jurisdiction of
the Non-Removable Mille Lacs Bands of Chippewa Indians or who reside
within a thirty mile radius of such trust and/or allotted lands shall
be entitled to participate in the Cultural, Natural Resources, Economic,
Social, Educational, Health and General Welfare Resources of the tribal
government as authorized by Article XIII of the Constitution of the
Minnesota Chippewa Tribe.
Historical
and Statutory Notes
Source: Band Statute 1142-MLC-3,§ 25.
§ 11. Designation of Band Districts
(a)
District I of the Mille Lacs Bands of Chippewa Indians shall be known
as Nay-ah-Shing. All trust and/or allotted land within the aforementioned
geographical radius with the exception of Chi-mi-ni-sing, (Isle) shall
constitute the service jurisdiction of District I.
(b)
District II of the Mille Lacs Bands of Chippewa Indians shall be known
as Ga-me-ta-wa-ga-gi-mog, (Sandy Lake) and be comprised of the following
geographical locations: Mi-ni-si-na-kwang (East Lake), Chi-mi-ni-sing,
(Isle). All trust and/or allotted land within the aforementioned geographical
radius shall constitute the service jurisdiction of District II.
(c)
District III of the Mille Lacs Bands of Chippewa Indians shall be
known as Ah-sho-moog, (Lake Lena) and be comprised of the following
geographical locations: Ne-shi-gwa-go-gog, (Pine City), A-sin-ni-ga-ning,
(Sandstone), and Ga-shi-gwa-na-bi-go-gog, (Hinckley). All trust and/or
allotted land within the aforementioned geographical radius shall
constitute the service area of District III.
Historical
and Statutory Notes
Source:
Band Statute 1142-MLC-3, § 26
Cross
References
Consolidated
Nay-Ah-Shing School Board, election from Districts, see 9
MLBSA § 3.
Legislative districts, see 3 MLBSA
§ 1.
Motor vehicle registration, application for registration, see 19
MLBSA § 106.
§ 12. Waiver for special dispensation
The Band
Assembly upon petition of the Chief Executive may issue a Section 20
waiver for participation in resources offered by the Band for the benefit
of any Band members or executive administration upon petition of just
cause
Historical
and Statutory Notes
Source:
Band Statute 1142-MLC-3, § 27.
CHAPTER
2
TREATY RIGHTS
| Subchapter |
Section
|
| I.
General Provisions |
1001
|
| II.
Implementation of Usufructuary Rights |
1101
|
SUBCHAPTER
I
GENERAL PROVISIONS
Section
1001. Policy.
1002. Supreme law.
1003. Legal and moral obligation of United States.
1004. Cultural importance of usufructuary rights.
1005. Conservation.
1006. Recognition by United States courts.
1007. Authorization.
1008. Exterior legal counsel.
Historical
and Statutory Notes
The Preamble
of Band Statute 1056-MLC-24 provides: "It is enacted by the Band Assembly
of the Mille Lacs Band of Chippewa Indians for the purpose of exercising
usufructuary rights of Band members in the territory ceded in 1837."
Cross
References
Migratory bird hunting off reservation, memorandum agreement with U.S.
Fish and Wildlife Service, see Nat. Res. Comm. Order 144-90.
Protection for cultural values, see 1
MLBSA § 13.
§ 1001. Policy
The Band Assembly hereby declares that the Mille Lacs Band of Chippewa
Indians has upheld all provisions of the Treaty of 1837 (7 Stat. 536).
Due to the active infringement of its usufructuary rights by the Government
of the State of Minnesota, members of the Mille Lacs Band of Chippewa
Indians have not enjoyed the protection guaranteed in Article V of the
Treaty of 1837. Therefore, it shall be the policy of the Mille Lacs
Band of Chippewa Indians to aggressively assert all rights, privileges
and responsibilities contained in all provisions of said Treaty without
infringement by any other government.
Historical
and Statutory Notes
Source:
Band Statute 1056-MLC-24, § 1.
§ 1002. Supreme law
The Band
Assembly hereby declares that in all matters before the Court of Central
Jurisdiction, all treaties to which the Mille Lacs Band is a party shall
have a status equal to the supreme law of all land under the jurisdiction
of the Band.
Historical
and Statutory Notes
Source:
Band Statute 1056-MLC-24, § 1.01.
§ 1003. Legal and moral obligation of United States
The Band
Assembly hereby declares that the United States of America is possessed
of a legal and moral obligation to guarantee usufructuary rights of
members of the Mille Lacs Band of Chippewa Indians by virtue of Congress
ratification of the Treaty of 1837.
Historical
and Statutory Notes
Source:
Band Statute 1056-MLC-24, § 1.02.
§ 1004. Cultural importance of usufructuary rights
The Band
Assembly hereby declares that members of the Mille Lacs Band of Chippewa
Indians are culturally heavily dependent on hunting, fishing, and the
gathering of wild rice as vital to the continuance of a cultural existence
in the ceded territory.
Historical
and Statutory Notes
Source:
Band Statute 1056-MLC-24, § 1.03.
§ 1005. Conservation
The Band
Assembly hereby declares that it is the policy of the Mille Lacs Band
of Chippewa Indians that the exercise of this treaty right shall be
in accordance with culturally established principles of conservation.
Historical
and Statutory Notes
Source:
Band Statute 1056-MLC-24, §1.04.
§ 1006. Recognition by United States courts
Usufructuary rights guaranteed by Article V of the Treaty of 1837 have
been recognized by the United States Court of Appeals for the Seventh
Circuit in the matter of Lac Courte Oreilles Band of Chippewa Indians
v. Lester P. Voight. The Solicitor General for the United States of
America has further taken the position before the Supreme Court of the
United States that this case was correctly decided. The Supreme Court
denied Certiorari.
Historical
and Statutory Notes
Source: Band Statute 1056-MLC-24, § 4.
§ 1007. Authorization
The Band Assembly hereby directs and empowers the Chief Executive, the
Commissioner of Natural Resources, and the Solicitor General to initiate
lawful activities which will secure the active involvement of the United
States of America in securing usufructuary rights of Band members in
the area beginning at the junction of the Crow Wing and Mississippi
Rivers, between twenty and thirty miles above where the Mississippi
is crossed by the forty-sixth parallel of north latitude, and running
thence to the north point of Lake St. Croix, one of the sources of the
St. Croix River; thence to and along the dividing ridge between the
waters of Lake Superior and those of Mississippi, to the sources of
the Ocha-sua-sepe a tributary of the Chippewa river; thence to a point
on the Chippewa river, twenty miles below the outlet of Lake De Flambeau;
thence to the junction of the Wisconsin and Pelican rivers' thence on
an east course twenty-five miles; thence southerly, on a course parallel
with that of the Wisconsin river; to the line dividing the territories
of the Chippewa and Menominee; thence to the Plover portage; thence
along the southern boundary of the Chippewa country, to the commencement
of the boundary line dividing it from that of the Sioux, half a days
march below the falls on the Chippewa river; thence with said boundary
line to the mouth of Wah-tap river, at its junction with the Mississippi;
and thence up the Mississippi to the place of beginning.
Historical
and Statutory Notes
Source:
Band Statute 1056-MLC-24, § 2.
Band Statute 1056-MLC-24, §§ 3 and 5 provide:
"§
3. Appropriations. There is authorized for appropriation to the Chief
Executive the amount of one thousand dollars to be available for travel
to Washington, D.C. to fulfill the purposes of this statute."
"§
5. Report to Band assembly. No later than one hundred and twenty days
from the date enactment of this statute, the Chief Executive or his
designee shall inform the Band Assembly of the decision of the United
States of America in this matter. Given the blatant pattern of civil
rights violations by the State of Minnesota against all members of the
Mille Lacs Band and their refusal to negotiate said usufructuary rights,
immediate attention by appropriate officials of the United States of
America is mandatory."
Cross
References
Geographical
restrictions of natural resource regulations, see 11
MLBSA §§ 2004, 2005.
§ 1008. Exterior legal counsel
The Band
Attorneys are hereby authorized and directed to assist the Solicitor
General of the Mille Lacs Band of Chippewa Indians in the legal implementation
of this chapter.
Historical
and Statutory Notes
Source:
Band Statute 1056-MLC-24, § 6.
SUBCHAPTER
II
IMPLEMENTATION OF USUFRUCTUARY RIGHTS
| Part
|
Section
|
| A.
General Provisions |
1101
|
| B.
Great Lakes Indian Fish and Wildlife Compact |
1151
|
Historical
and Statutory Notes
The
Preamble of Band Statute 1092-MLC-5 provides:
"It
is enacted, an Indian Fish and Wildlife Compact with Keweenaw Bay Band
of Chippewa Indians, Red Cliff Band of Chippewa Indians, Bad River Band
of Chippewa Indians, Mole Lake Band of Chippewa Indians, Lac Courte
Oreilles Band of Chippewa Indians, Grand Portage Band of Chippewa Indians,
Fond du Lac Band of Chippewa Indians, St. Croix Band of Chippewa Indians,
Bay Mills Band of Chippewa Indians, Lac du Flambeau Band of Chippewa
Indians for the exercise of usufructuary right in the Wisconsin territory
of the Treaty of 1837."
Cross
References
Natural Resources
Protection Code, see 11 MLBSA §
2001 et seq.
Part
A
General Provisions
Section
1101. Reservation of right of amendment.
1102. Rights of Band members.
1103. Applicability of Natural Resources Code.
1104. Court of Central Jurisdiction.
1105. Conflicting laws.
1106. Obligations of the United States of America.
1107. Rules and regulations.
1108. Obligations of Solicitor General.
§ 1101. Reservation of right of amendment
The Band
Assembly hereby fully reserves the right to alter, amend or repeal the
several provisions of this subchapter, and all rights and privileges
granted or extended hereunder shall be subject to such reserved right.
Historical
and Statutory Notes
Source: Band Statute 1092-MLC-25, § 12.
§ 1102. Rights of Band members
Every enrolled member of a constituent Band of the Non-Removable Mille
Lacs Band of Chippewa Indians shall have usufructuary rights provided
that in the exercise of said rights, no Band member shall violate the
terms and conditions established to exercise said rights.
Historical
and Statutory Notes
Source: Band Statute 1092-MLC-25, § 17.
§ 1103. Applicability of Natural Resources Code
All provisions of the Natural Resources Code (11
MLBSA § 2001 et seq.) shall apply to the exercise of usufructuary
rights by Band members in all the territory ceded by the Treaty of 1837.
Historical
and Statutory Notes
Source: Band Statute 1092-MLC-25, § 13.03.
§ 1104. Court of Central Jurisdiction
The Court of Central Jurisdiction is hereby granted subject matter jurisdiction
for any cause of action which arises from implementation of this subchapter.
Nothing in this subchapter shall be construed as a waiver of sovereign
immunity of the Non-Removable Mille Lacs Band of Chippewa Indians in
any state or federal court of competent jurisdiction
Historical
and Statutory Notes
Source: Band Statute l092-MLC-25, § 6.
Cross
References
Subject matter jurisdiction, Court of Central Jurisdiction, see 5
MLBSA § 111.
§ 1105. Conflicting laws
The provisions of this subchapter shall control and be supreme in the
event it shall be employed notwithstanding any statutory provision to
the contrary or in conflict herewith and the justices of the Court of
Central Jurisdiction shall be bound thereby.
Historical
and Statutory Notes
Source: Band Statute 1092-MLC-25, § 15.
§ 1106. Obligations of the United States of America
Nothing herein or the application thereof shall be construed by any
government, agency, person or circumstance as a waiver by the Non-Removable
Mille Lacs Band of Chippewa Indians of the solemn, special trust obligation
of the United States of America, as legal trustee for the land, air,
water and general natural resource and environmental right, privileges
and interests of the Band.
Historical
and Statutory Notes
Source: Band Statute 1092-MLC-25, § 10.
§ 1107. Rules and regulations
The Commissioner of Natural Resources shall have the power to issue
Commissioner's Orders for the purpose of promulgating all rules and
regulations for the exercise of usufructuary rights by Band members
in all the territory ceded by the Treaty of 1837 regardless of state
boundaries and borders.
Historical
and Statutory Notes
Source: Band Statute 1092-MLC-25, § 13.01.
Cross
References
Commissioner's Orders, see 4 MLBSA §
7.
§ 1108. Obligations of Solicitor General
(a)
Should there be any doubt as to the proper interpretation of any part
of this chapter, the Chief Executive, Speaker of the Assembly or the
Commissioner of Natural Resources shall submit such question to the
Solicitor General, who shall give his written opinion thereon and
such opinion shall be binding until annulled by the full Court of
Central Jurisdiction or amended by law.
(b)
The Solicitor General, consistent with the statutory authority conferred
by law shall represent the interests of the Non-Removable Mille Lacs
Band of Chippewa Indians in all matters, related to enforcement of
Band law be they prosecutorial or otherwise in the Court of Central
Jurisdiction.
Historical
and Statutory Notes
Source: Band Statute 1092-MLC-25, § 14.
Cross
References
Duties of
Solicitor General, see 4 MLBSA §
18.
Part
B
Great Lakes Indian Fish and Wildlife Compact
Section
1151. Findings and determinations.
1152. Constitution of Great Lakes Indian Fish and Wildlife Commission.
1153. Compact for Non-Removable Mille Lacs Band of Chippewa Indians.
1154. Voight Inter-Tribal Task Force Charter.
1155. Ratification.
1156. Enabling legislation.
1157. Withdrawal.
1158. Construction and severability.
1159. Cooperation of Band officers.
1160. Commissioner of Natural Resources.
§ 1151. Findings and determinations
(a)
The Band Assembly hereby finds and determines that usufructuary rights
exist in all territories encompassed by the Treaties of July 29, 1837,
7 Stat. 536, and October 4, 1842, 7 Stat. 842 as construed by the
Seventh Circuit Court of Appeals in Lac Courte Oreilles Band vs. Voight,
700 F.2d 341, cert. denied 104 S.Ct. 53, 464 US 805, 78 L.Ed.2d 72
(1983).
(b)
The Band Assembly finds and determines that the sovereignty and jurisdiction
of each Band who was signatory to the aforementioned treaties shall
extend to all places interior and exterior to their boundaries thereof
as defined in federal law. Notwithstanding any provisions of any law
of the Mille Lacs Band to the contrary, the Mille Lacs Band shall
now and hereafter retain and exercise civil and criminal jurisdiction
over enrolled members of the Mille Lacs Band of Chippewa Indians who
exercise usufructuary rights in the territory ceded in the aforementioned
treaties.
(c)
The Band Assembly hereby finds and determines that just cause exists
for the Non-Removable Mille Lacs Band of Chippewa Indians to be a
party to a Commission known as the Great Lakes Indian Fish and Wildlife
Commission.
(d)
The Band Assembly finds and determines that a Compact is required,
pursuant to the laws of the Non-Removable Mille Lacs Band of Chippewa
Indians. Said Compact to be known as the Great Lakes Indian Fish and
Wildlife Compact.
(e)
The Band Assembly finds and determines that a Constitution proposed
by the constituent Bands of the Great Lakes Indian Fish and Wildlife
Commission is incompatible with the laws of the Non-Removable Mille
Lacs Band of Chippewa Indians, however we find and determine that
in the best interests of unity and conservation of the natural resources,
an agreement is necessary and prudent.
(f)
The Band Assembly hereby finds and determines that any other party
to this Commission shall exercise whatever statutory authority deemed
necessary to be party to said Commission.
(g)
Therefore, the Band Assembly hereby finds and determines that the
document entitled, "Constitution of the Great Lakes Indian Fish and
Wildlife Commission"(2 MLBSA § 1152.) is
hereby ratified and approved subject to condition entered in the foregoing
'Compact'. Anything in the contents of the 'Constitution', which is
inconsistent with any provision of the 'Compact' both ratified herein,
it shall be the 'Compact' that controls on behalf of the Non-Removable
Mille Lacs Band of Chippewa Indians.
Historical
and Statutory Notes
Source:
Band Statute 1092-MLC-25, § 1.
Cross
References
Court of Central Jurisdiction, jurisdiction over persons, see 5
MLBSA §§112, 113.
§ 1152. Constitution of Great Lakes Indian
Fish and Wildlife Commission
(a)
Entered into by and between the following Bands of Chippewa Indians:
(1)
Keweenaw Bay
(2)
Bay Mills
(3)
Mole Lake
(4)
Bad River
(5)
Red Cliff
(6)
Fond du Lac
(7)
Grand Portage
(8)
Lac Courte Oreilles
(9)
St. Croix
(10)
Lac du Flambeau
(11)
Non-Removable Mille Lacs Band
(b)
PREAMBLE
WE, THE INDIAN TRIBES OF THE GREAT LAKES INDIAN FISH AND WILDLIFE COMMISSION
RECOGNIZE THAT OUR FISH, WILDLIFE AND OTHER RENEWABLE RESOURCES ARE
IMPORTANT NATURAL RESOURCES AND OF VITAL CONCERN TO THE INDIAN TRIBES
OF THE GREAT LAKES REGION AND THAT THE CONSERVATION OF THIS RESOURCE
IS DEPENDENT UPON EFFECTIVE AND PROGRESSIVE MANAGEMENT. AND IT IS FURTHER
RECOGNIZED THAT THE TRIBES HAVE REGULATORY AUTHORITY AND A RESULTANT
DUTY TO PROTECT THE RESOURCE THAT IS OF GREAT IMPORTANCE TO US. WE FURTHER
BELIEVE THAT BY UNITY OF ACTION WE CAN BEST ACCOMPLISH THESE THINGS,
NOT ONLY FOR THE BENEFIT OF OUR PEOPLE BUT FOR ALL THE PEOPLE OF THE
GREAT LAKES.
ARTICLE
I NAME
The name of this organization shall be the GREAT LAKES INDIAN FISH AND
WILDLIFE COMMISSION.
ARTICLE
II PURPOSE
A. The
GREAT LAKES INDIAN FISH AND WILDLIFE COMMISSION was begun in recognition
of the traditional pursuits of the Native American people and the
deep abiding respect for the circle of life in which our fellow creatures
have played an essential life-giving role. As governments who have
inherited the responsibilities for protection of our fish, wildlife,
and plants we are burdened with the inability to effectively carry-out
our tasks as protectors and managers. This is especially true now
that the state and federal courts have recognized our traditional
claims. We have never intended to abandon our responsibilities.
B. The
purpose of this organization are exclusively charitable and educational
and shall be:
1.
To provide an organization to facilitate and coordinate intertribal
communications in the Great Lakes concerning matters pertaining
to the exercise of usufructuary rights including fish and wildlife
management, treaty rights issues, court cases related to fish and
wildlife, tribal and/or inter-tribal regulations.
2.
To assist tribal governments in the protection, preservation, conservation
and prudent use and management of tribal fish, wildlife, and plant
resources in the Great Lakes area.
3.
To direct the administration of federal programs, funds and efforts
in order to aid and assist the federally recognized members of this
organization.
4.
To educate Indian and non-Indian professionals involved in fish
and wildlife management and others in the general public similarly
dedicated to the protection, preservation, enhancement and prudent
use of fish, wildlife and other resources.
5.
To provide administrative support for and provide expertise and
advice to tribal governments in the Great Lakes relating to the
protection, preservation, enhancement and prudent use and management
of fish, wildlife and other resources in the Great Lakes.
6.
To improve the general welfare of Indian people in the Great Lakes
through educational, charitable, and fish and wildlife related activities.
7.
To carry out the purposes as herein set forth in any state, territory,
district, possession, dependency, or other political subdivision
of the United States of America or in any foreign country
at any other location in the world to the extent that such purposes
are not forbidden by the laws of such state, territory, district,
possession, dependency, or political subdivision of the United States
of America, or of such foreign country, or of such other political
entity as may be applicable; provided, however, that such purposes
shall be accomplished and exercised only if they may be accomplished
and exercised under and in accordance with, Section 501 (c) (3)
of the Internal Revenue Code of 1954 and any amendments thereto.
ARTICLE
III MEMBERS
Section 1. Membership shall be open to an Indian tribe in the Great
Lakes region who:
a. Is
recognized as a tribe by federal treaty, statute, agreement or regulation;
and who;
b. Is
organized and operating under a constitution and by-laws; and who;
c. [Digitizer's
Note: (c) is not used.]
d. Ratifies
this constitution and bylaws of appropriate tribal resolution.
ARTICLE
IV GOVERNING BODY
Section
1. The governing body shall be the Commission. The Commission shall
consist of the tribal Chairpersons from each member tribe.
Section
2. Two committees of the Commission are hereby established. Great
Lakes Indian Fisheries Commission and Voigt Fish and Wildlife Committee,
each of which shall be governed by a charter ratified by the constituent
tribes of each committee.
a.
Upon selection the tribe shall notify the Commission of their duly
authorized representative by letter.
Section
3. The Commission members shall report in writing to their respective
governing body on the business transacted, including recommendations
for final approval relating to any contract or agreement to be entered
on behalf of member tribes, by the Commission.
Section
4. A special meeting of the Commission can be called by the Chairman
at the request of any Commission member.
ARTICLE
V OFFICERS
Section
1. The officers of the Commission shall be the Chairman, Vice-Chairman
and Secretary, and shall be elected by the members of the Commission.
Section
2. The term of office of each officer shall be for one (1) year and
shall commence with the regular meeting, except the first elected
officers shall serve until the first regular election.
ARTICLE
VI VACANCIES AND REMOVAL OF OFFICERS
Section
1. If a Commission officer shall die, resign, permanently leave the
state or tribe which she/he represents, the Commission shall declare
the position vacant and shall select a replacement for the balance
of the unexpired term.
ARTICLE
VII DUTIES OF OFFICERS
Section
1. The Chairman shall preside over all meetings of the Commission
and shall perform all duties of a Chairman and exercise any authority
delegated to him by the Commission and shall have all authority to
sign all documents for the Commission. She/he shall vote in all matters
for his respective tribe.
Section
2. The Vice-Chairman shall assist the Chairman when called upon to
do so in the absence of the Chairman, she/he shall preside. While
presiding, she/he shall have all the rights, privileges, and duties
as well as the responsibilities of the Chairman.
Section
3. The Secretary shall work with administrative staff to ensure that
official minutes of all meetings are kept and that meeting notices
are mailed in a timely manner.
Section
4. The Executive Administrator shall be appointed by the Commission.
ARTICLE
VIII MEETINGS
Section
1. a. The conduct and procedure of the meetings may be further defined
by the appropriate resolution of the Commission.
b.
A quorum shall consist of a majority of the Commission membership.
ARTICLE
IX POWERS OF THE COMMISSION
Section
1. The Commission shall have the following powers:
a.
To formulate and adopt a budget for Commission activities.
b.
To formulate a broad natural resource management program for those
matters of concern to the committee.
b.
To coordinate committee budgets and the work of the committees.
c.
To administer the provision of technical services to the committees
and the member tribes.
d.
Request technical advice and/or assistance from any source whatever
for the purpose of assisting tribal fish and wildlife programs and
to consult with any and all individuals, organizations, institutions,
and government (tribal, local, state, federal, and international)
on matters pertaining to fish and wildlife.
e.
To render any assistance within the authority of the Commission
to any tribe requesting such assistance.
f.
As a non-profit organization to accept funds from state, federal,
private foundations or other sources for operations.
g.
To provide public information.
Section
2. Any and all rights vested in members tribes shall not be abridged
by this Constitution.
Section
3. The Commission shall interpret any and all ambiguous words and
phrases found within this Constitution.
ARTICLE
X POWERS OF THE COMMITTEES
Section
1. Each constituent committee shall have the following powers:
a.
To formulate and adopt a budget to carry out its activities and
to secure funding therefore.
b.
To formulate a broad natural resource management program for those
matters of concern to the committee.
c.
To carry out any other powers provided in Charter.
Section
2. Any and all rights vested in members tribes shall not be abridged
by this Charter.
ARTICLE
XI AMENDMENTS
This Constitution may be amended by unanimous vote of the member tribes
upon at least 15 days notice prior to such meeting to consider such
proposed amendment submitted to member tribes.
Historical
and Statutory Notes
Source: Band Statute 1092-MLC-25, § 2.
§ 1153. Compact for Non-Removable Mille Lacs Band of Chippewa
Indians
(a)
Entered into by and between the Non-Removable Mille Lacs Band of Chippewa
Indians for the purpose of declaring the conditions under which the
Band enters into the Great Lakes Indian Fish and Wildlife Commission.
The Band Assembly hereby determines that any Band party to the provision
of the "Constitution" found in 2 MLBSA § 1152,
shall in their own right, enter into the Great Lakes Indian Fish and
Wildlife Commission upon terms designated in Article III of 2
MLBSA § 1152.
(b)
THE NON-REMOVABLE MILLE LACS BAND OF CHIPPEWA INDIANS HEREBY SOLEMNLY
AGREES TO:
GREAT
LAKES INDIAN FISH AND WILDLIFE COMPACT
GREAT
LAKES INDIAN FISH AND WILDLIFE COMPACT is hereby ratified, enacted
into law, and by this Band as party thereto with any other Band which,
pursuant to Article II of said Compact, that desires to legally join
therein substantially as follows:
ARTICLE
I
The purpose of this Compact are, through means of joint or cooperative
action:
1. To
promote the orderly, integrated, and comprehensive development, use,
and conservation of Indian resources within the Treaty Cession of
1837/42 (hereinafter called Treaty Cession).
2. To
plan for the welfare and development of the Indian resources of the
Treaty Cession on a whole as well as for those portions of the Treaty
which may have problems of special concerns.
3. To
make it possible for Reservations within the Treaty and their members
to derive the maximum benefit from the utilization of these resources.
4. To
establish and maintain an intergovernmental agency to the end that
the purposes of this Compact may be accomplished more effectively.
ARTICLE
II
This Compact shall enter into force and become effective and binding
when it has been enacted by any Reservation by such action as their
laws and the laws of their government may prescribe for adherence thereto.
ARTICLE
III
The Great Lakes Indian Fish and Wildlife Commission created by Article
IV of this Compact shall exercise its power and perform its functions
in respect to the Treaty Cession Area for which is the purposes of this
Compact. The authorization of two committees of the Commission are hereby
established, Great Lakes Indian Fisheries Commission and Voight Intertribal
Task Force each of which shall be governed by a charter ratified by
the respective laws of the Band Governments.
ARTICLE
IV
A. There
is hereby created an agency of the party Bands to be known as the
Great Lakes Indian Fish and Wildlife Commission. In that name the
Commission may sue and be sued. In any of the party's Court of Competent
Jurisdiction, the individual party's governing body may at its discretion
notify the Band Court no later than 72 hours after any case has been
filed of its decision to accept or reject any decision filed by the
Court. However, the Great Lakes Indian Fish and Wildlife Commission
must put forth a proper defense in any case to which it is a defendant.
Actions by non-Indian parties of this Compact shall only be filed
in a competent court of one of the parties of this Compact. Transaction
involving federal funds shall conform to the laws of any Band Government
within whose territory funds are being expended. The Commission may
pursuant to by-laws provided for the execution and acknowledgment
of all instruments in its behalf.
B. The
Commission shall be composed of one member from each Band Government
as designated or appointed in accordance with the law of the Band
Government which they represent and serve and subject to removal in
accordance with such law.
C. Each
band delegate shall be entitled one vote in the Commission. The presence
of commissioners from a majority of the party Bands shall constitute
a quorum for the transaction of business at any meeting of the Commission.
Actions of the Commission shall be by a majority of the votes cast
except that any recommendations made pursuant to Article VI of this
Compact shall require an affirmative vote of not less than a majority
of the votes cast from each of a majority of the Bands present and
voting.
D. The
commissioners of any two or more party Bands may meet separately to
consider problems of particular interest to their Band but no action
taken at any such meeting shall be deemed an action of the Commission
unless and until the Commission shall specifically approve the same.
E. In
the absence of any commissioner, a representative casting said vote
shall have a written proxy in proper form as may be required by the
Commission.
F. The
Commission shall elect annually from among its members a chairman,
vice-chairman and secretary-treasurer. The executive director shall
serve at the pleasure of the Commission and at such compensation and
under such terms and conditions as may be fixed by it. The executive
director shall be custodian of the records of the Commission with
authority to affix the Commission's official seal and attest to and
certify such records or copies thereof.
G. The
executive director, subject to the approval of the Commission in such
cases as its by-laws may provide, shall appoint and remove or discharge
such personnel as may be necessary for the performance of the Commission's
functions Subject to the aforesaid approval, the executive director
may fix their compensation, define their duties, and require bond
of such of them as the Commission may designate.
H. The
executive director, on behalf of, as trustee for, and with the approval
of the Commission, may borrow, accept, or contract from the services
of personnel from any government or any subdivision or agency thereof,
from any intergovernmental agency, or from any institution, person,
firm or corporation; and may accept from any of the commissioners
purposes and functions under this Compact any and all donations, gifts,
and grants of money, equipment, supplies, materials and services from
any state or government or any subdivision or agency thereof or intergovernmental
agency or from any institution, person, firm or corporation and may
receive and utilize the same.
I. The
Commission may establish and maintain one or more offices for the
transacting of its business and for such purposes the executive director
on behalf, of as trustee for, and with the approval of the Commission,
may acquire, hold and dispose of real and personal property necessary
to the performance of its functions.
J. The
Commission may adopt, amend and rescind by-laws, rules, and regulations
for the conduct of its business.
K. The
Commission and its executive director shall make available to the
party Bands any information within its possession and shall always
provide free access to its records by duly authorized representatives
of such party Band.
L. The
Commission shall keep a written record of its meetings and proceedings
and shall annually make a report thereof to be submitted to the duly
designated official of each party Band.
M. The
Commission may issue any reports as it may deem desirable.
ARTICLE
V
A. The
Commission shall submit to the executive head or designated officer
of each party Band a budget of its estimated expenditures for such
period as may be required by the laws of the Band for presentation
to the Government thereof.
B. Each
of the Commission's budgets of estimated expenditures shall contain
specific recommendations of the amount or amounts to be appropriated
by each of the party Bands. Detailed Commission budgets shall be recommended
by a majority of the votes cast, and the costs shall be allocated
equitably among the party states in accordance with their respective
interests. Majority is defined as 3/4 of all parties.
C. The
Commission shall not pledge the credit of any party Band. The Commission
may meet any of its obligations in whole or in part with funds available
to it under Article IV (H) of this Compact, provided that the Commission
takes specific action setting aside such funds prior to the incurring
of any obligations to be met in whole or in part in this manner. Except
where the Commission makes use of funds available to it under Article
IV (H) hereof, the Commission shall not incur any obligations prior
to the allotment of funds by the party states adequate to meet the
same.
D. The
Commission shall keep accurate accounts of all receipts and disbursements.
The receipts and disbursements of the Commission shall be subject
to the audit and accounting procedures established under the bylaws.
However, all receipts and disbursement of funds handled by the Commission
shall be audited yearly by a certified public accountant and the report
of the audit shall be included in and become part of the annual report
of the Commission.
E. The
account of the Commission shall be open at any reasonable time for
inspection by such agency, representative or representatives of the
party Band as may be duly constituted for that purpose and others
who may be authorized by the Commission.
ARTICLE
VI
The Commission shall have power to:
A. Collect,
correlate, interpret, and report on data relating to the Indian resources
and the use thereof in the Treaty Cession or any portion thereof.
B. Recommend
methods for the orderly, efficient, and balanced development, use
and conservation of the Indian resources of the Treaty Cession or
any portion thereof to the part Band and to any other governments
or agencies having interest in or jurisdiction over the Treaty Cession
or any portion thereof.
C. Consider
means of improving and maintaining the fisheries and wildlife of the
Treaty Cession or any portion thereof.
D. Recommend
policies relating to Indian resources including the institution and
alteration of flood plain and other zoning laws, ordinances and regulations.
E. Recommend
uniform or other laws, or regulations relating to the development,
use and conservation of the Treaty Cession resources to the party
Band or any of them and to other governments, political subdivision,
agencies or intergovernmental bodies having interests in or jurisdiction
sufficient to affect conditions in the Treaty Cession or any portion
thereof.
F. Consider
and recommend amendments or agreement supplementary to this Compact
to the party Bands or any of them, and assist in the formulation and
drafting of such amendments or supplementary agreements.
G. Prepare
and publish reports, bulletins and publications appropriate to this
work and fix reasonable sale prices thereof.
H. With
respect to the Indian resources of the Treaty Cession or any portion
thereof, recommend agreements between the governments of the United
States and Canada.
I. Cooperate
with the governments of the United States and of Canada, the party
Band and any public or private agencies or bodies having interests
in or jurisdiction sufficient to affect the Treaty Cession or any
portion thereof.
J. Make
any recommendation and do all things necessary and proper to carry
out the powers conferred upon the Commission by this Compact, provided
that no action of the Commission shall have the force of law in, or
be binding upon any party Band.
ARTICLE
VII
Each party Band agrees to consider the action the Commission recommends
in respect to:
A. To
provide an organization to facilitate and coordinate intertribal communication
in the Great Lakes concerning matters pertaining to the exercise of
usufructuary right including fish and wildlife management, treaty
rights issues, court cases related to fish and wildlife, tribal and/or
intertribal regulations.
B. Measures
for combating pollution.
C. To
assist tribal governments in the protection, preservation, conservation
and prudent use and management of tribal fish, wildlife and plant
resources in the Great Lakes area.
D. Propose
wildlife improvement.
E. Uniformity
or effective coordinating action in fishing laws and regulations and
cooperative action to eradicate destructive and parasitical forces
endangering the fisheries, wildlife and other Indian resources.
F. To
direct the administration of federal programs, funds, and efforts
in order to aid and assist the federally recognized members of this
organization.
G. To
educate Indian and non-Indian professionals involved in fish and wildlife
management and others in the general public similarly dedicated to
the protection, preservation, enhancement and prudent use of fish,
wildlife and other resources.
H. To
provide administrative support for and provide expertise and advice
to tribal governments in the Great Lakes relating to the protection,
preservation, enhancement and prudent use and management of fish,
wildlife and other resources in the Great Lakes.
ARTICLE
VIII
This Compact shall continue in force and remain binding upon each party
Band until renounced by act of the Government of such Band, in such
form and manner as it may choose and as may be valid and effective to
repeal a statute of said Band, provided that such renunciation shall
not become effective until six months after notice of such action shall
have been officially communicated in writing to the executive head of
the other party Bands.
ARTICLE
IX
It is intended that the provisions of this Compact shall be reasonably
and liberally construed to effectuate the purposes thereof. The provisions
of this Compact shall be severable and if any phrase, clause, sentence
or provision of this Compact is declared to be contrary to the constitution
of any party Band or of the United States, or the applicability thereof
to any Band, agency, person or circumstance is held invalid, the constitutionality
of the remainder of this Compact and the applicability thereof to any
Band, agency, person or circumstance shall not be affected hereby, provided
further that if this Compact shall be held contrary to the Constitution
of the United States, or any party Band, the Compact shall remain in
full force and effect as to the remaining Bands and in full force and
effect as to the Band affected as to all severable matters.
Historical
and Statutory Notes
Source:
Band Statute 1092-MLC-25, § 3.
§ 1154. Voight Intertribal Task Force Charter
CHARTER
VOIGHT INTERTRIBAL TASK FORCE COMMITTEE
GREAT LAKES INDIAN FISH AND WILDLIFE COMMISSION
ARTICLE
I-NAME
The name of this committee shall be the Voight Intertribal Task Force
Committee.
ARTICLE II-PURPOSE
The purposes
of this committee shall be to:
1. Develop
the capabilities of its members tribes to regulate their use of natural
resources.
2. Develop
biological expertise in inland fish, wildlife, and plant species,
communities, and ecosystems.
3. Develop
resource management plans.
4. Assist
tribes to develop resource regulations suitable for tribal adoption
and adequate to protect the environment.
5. Develop
law enforcement capabilities adequate to insure compliance with resource
regulations.
6. Assist
tribes in the development of judicial systems adequate to adjudicate
cases arising under tribal resource regulations.
7. Assist
tribes or Bands to secure through negotiations, litigation, arbitration,
or any other lawful and appropriate means, the full exercise of the
usufructuary rights reserved in the Treaties of 1 837 and 1842.
8. Develop
the capability to recognize, analyze and recommend action on actual
and potential environmental degradation which may impair the opportunity
to engage in usufructuary activities within the territories ceded
by the Treaties of 1837 and 1842.
9. Educate
tribal membership, tribal leadership, and the general public in issues
and events related to the other purposes stated herein.
ARTICLE III-MEMBERSHIP
Section
1. Membership. Membership in this committee is open to any federally
recognized Chippewa Tribe or Band which:
(a)
Is a member of the Great Lakes Indian Fish and Wildlife Commission:
and
(b)
Is a signatory or successor thereto to either the 1837 or 1842 Treaties
and
(c)
Has a reservation within the territories ceded by the 1837 and 1842
Treaties; and
(d)
Has by resolution adopted this Charter.
ARTICLE IV-TRANSACTING BUSINESS
Section
1 . Representatives. Each member tribe may appoint one representative
to the committee and one alternate. Each tribe may select its representative
and alternate by whatever means and for whatever term deemed appropriate
by the tribe.
Section
2. Meetings. The committee shall hold an annual meeting in October
of each year. The committee shall also hold meetings as needed, which
may be called by the chairman, or in the absence of the chairman,
the vice chairman, or in any event by any three member tribes or the
executive administrator of the Commission. Meetings may be conducted
by conference call.
Section
3. Action. All action must be authorized by motion and approval by
a majority of those tribes in attendance.
Section
4. Voting. On all matters upon which a vote shall be taken each member
tribe shall have one vote.
Section
5. Quorum. A majority of the member tribes shall constitute a quorum.
ARTICLE V-OFFICERS
Section
1. Officers. The officers of the committee shall be the chairman and
vice-chairman, and shall be elected by the members of the committee
at the annual meeting.
Section
2. Terms. The term of office for each officer shall be one year except
that the officers first elected under this Charter shall serve until
the 1985 annual meeting.
Section
3. Vacancies. In the event a committee officer is for any reason unable
or unwilling to complete his or her term the committee shall, on at
least 30 days notice to its members, hold a special election for the
purpose of replacing the officer.
ARTICLE VI-DUTIES OF OFFICERS
Section
1. Chairman. The chairman shall preside over all meetings of the committee,
shall perform all duties of a chairman, shall exercise any authority
delegated by the committee, and shall have authority to sign all documents
for the committee. The chairman shall work with the administrative
staff to insure that official minutes of all meetings are kept and
that meeting notices are mailed in a timely manner. The chairman shall
be allowed to vote.
Section
2. Vice-chairman. The vice-chairman shall assist the chairman when
called upon to do so and in the absence of the chairman shall preside.
While presiding, the vice-chairman shall have all the rights, privileges,
duties, and responsibilities of the chairman.
Section
3. Further Duties. The duties of the officers may be defined further
by motion of the committee.
ARTICLE VII-POWERS
The committee shall have the following powers:
(1)
To undertake any programs consistent with the purposes as defined
in Article II.
(2)
To formulate and adopt a budget to carry out its activities, and to
secure funding through the Commission therefore, and to approve modifications
and amendments to the budget as may from time to time be required.
(3)
To formulate and adopt policies for the provision of technical, enforcement,
and judicial services to the committee and its member tribes, to be
implemented by the Commission staff.
(4)
To establish subcommittees to pursue such objectives as the committee
shall direct.
ARTICLE VIII-AMENDMENTS
This Charter may be amended by affirmative vote of at least two-thirds
of the member tribes upon furnishing to all member tribes of the Commission
a copy of the proposed amendment at least 60 days in advance of the
vote on such amendment.
Historical
and Statutory Notes
Source:
Band Statute l092-MLC-25, § 4.
§ 1155. Ratification
The Commissioner of Natural Resources is authorized and directed to
witness the ratification of the Compact by the Non-Removable Mille Lacs
Band of Chippewa Indians by executing the final draft thereof in his
own name as Commissioner for and on behalf of the Non-Removable Mille
Lacs Band of Chippewa Indians and affixing the Seal of the Non-Removable
Mille Lacs Band of Chippewa Indians.
Historical
and Statutory Notes
Source:
Band Statute 1092-MLC-25, § 5.
§ 1156. Enabling legislation
This Compact shall become effective and operative immediately after
passage the Constitution of the Great Lakes Indian Fish and Wildlife
Commission by any five party Bands incorporating the provisions of said
Constitution into the laws of such Bands.
Historical
and Statutory Notes
Source: Band Statute 1092-MLC-25, § 9.
§ 1157. Withdrawal
The Non-Removable Mille Lacs Band of Chippewa Indians in acceding to
this Compact-Constitution reserves the right at any time to withdraw
from said Compact-Constitution, but such withdrawal shall be based upon
a law properly enacted pursuant to Band 3
MLBSA § 16.
Historical
and Statutory Notes
Source: Band Statute 1092-MLC-25, § 8.
§ 1158. Construction and severability
This Compact shall be liberally construed so as to effectuate the purposes
thereof by the Court of Central Jurisdiction. The provisions of this
Compact shall be severable and if any phrase, clause, sentence, or provision
of this Compact is declared to be contrary to the laws of any party
Band or the application thereof to any agency, person or circumstance
is held invalid by the Court of Central Jurisdiction, the validity of
the remainder of this Compact and the applicability thereof to any agency,
person, or circumstance shall not be affected thereby. If this Compact-Constitution
or any part thereof shall be held contrary to the laws of any party
Band, this Compact-Constitution may remain in full force and effect
as to the remaining party Bands and as to the Mille Lacs Band so affected,
in full force and effect as to all severable matters.
Historical
and Statutory Notes
Source:
Band Statute 1092-MLC-25, § 7.
§ 1159. Cooperation of Band officers
All administrations and entities of the Non-Removable Mille Lacs Band
of Chippewa Indians shall cooperate with the Commission and the Task
Force in the execution of their functions and shall assist the Commission
and the Task Force in carrying out the duties imposed upon it.
Historical
and Statutory Notes
Source:
Band Statute 1092-MLC-25, § 11.
§ 1160. Commissioner of Natural Resources
In
pursuance of Article IV of the Compact and Article IV of the Charter,
the Commissioner of Natural Resources shall be the duly authorized representative
of the Band at meetings called by the chairman of the Commission and
the Task Force at a designated location and shall exercise all voting
rights conferred by the Compact and Charter as provided.
Historical
and Statutory Notes
Source:
Band Statute 1092-MLC-25, § 13.
CHAPTER
3
INTERGOVERNMENTAL RELATIONS
Section
2001. Minnesota State Intertribal Affairs Council.
§ 2001. Minnesota State Intertribal Affairs Council
Pursuant to Minnesota Statutes-Chapter 3, Section 922, the Non-Removable
Mille Lacs Band of Chippewa Indians may participate in an Indian Affairs
Intertribal Council, an entity of the state of Minnesota. The Chief
Executive is hereby authorized and directed to notify the Governor of
the state of Minnesota and other tribal governments that effective on
March 1, 1985 the Non-Removable Mille Lacs Band of Chippewa Indians
shall withdraw from participation in this state council and shall in
no way sanction any actions of said council as they may apply to the
Non-Removable Mille Lacs Band of Chippewa Indians, as the public policy
of the Band is to recognize and enhance government to government diplomatic
relations.
Historical
and Statutory Notes
Source: Band Statute 1085-MLC-37, § 82.
CHAPTER
4
EXCLUSION AND REMOVAL
Section
3001. Findings and determinations.
3002. Definitions.
3003. Persons subject to exclusion and removal.
3004. Grounds for exclusion and removal.
3005. Complaint for exclusion.
3006. Notice of exclusion.
3007. Exclusion hearing.
3008. Exclusion orders.
3009. Enforcement proceedings.
3010. Emergency writs.
3011. Authorized entry for exclusion hearing.
3012. Review of orders of exclusion and removal.
3013. Stays.
Historical
and Statutory Notes
The Preamble
of Band Statute 1069-MLC-7 provides: "It is enacted by the Band Assembly
of the Mille Lacs Band of Chippewa Indians for the purpose of exclusion
and removal of persons within the jurisdiction of the Band for just cause."
Cross
References
Commercial practices, violations, see 18
MLBSA § 10.
Cultural actions, sanctions, see 24 MLBSA
§ 603.
Life estates in trust or restricted lands, spouse or children of member,
see 21 MLBSA § 102.
Prohibited drugs, see 23 MLBSA § 1
et seq.
Trespass, see 21 MLBSA § 206.
§ 3001. Findings and determinations
(a)
That under federal law and Article 6, Section 1 (c), of the Constitution
of the Minnesota Chippewa Tribe, and as an incident of its inherent
sovereign powers, the Non-Removable Mille Lacs Band of Chippewa Indians
has the authority to exclude certain persons from territories under
the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa
Indians and to determine the conditions upon which such persons may
be present within said lands.
(b)
That in order to protect and promote the health, safety, morals and
general welfare of the Band, its members and other residents of lands
under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa
Indians, it is necessary to provide a means to exclude or remove such
persons from said lands in the event that they violate Band law or
do other acts harmful to the Band, its members or other residents
of territories under the jurisdiction of the Non-Removable Mille Lacs
Band of Chippewa Indians.
Historical
and Statutory Notes
Source: Band Statute 1069-MLC-7, § 1.
§ 3002. Definitions
The following terms shall have the following meanings when used in this
chapter:
(a)
"Appellate Court" means the Appellate Division of the Court of Central
Jurisdiction of the Band.
(b)
'Band" means any constituent Band of the Non-Removable Mille Lacs
Band of Chippewa Indians, a federally recognized Indian Tribe.
(c)
"Court" means the Court of Central Jurisdiction for each constituent
Band of the Non-Removable Mille Lacs Band of Chippewa Indians.
(d)
"Constituent Bands" means the Non-Removable Sandy Lake Band of
Chippewa Indians, the Snake River Band of Chippewa Indians, the Rice
Lake Band of Chippewa Indians, the the Lake Lena (Knife River) Band
of Chippewa Indians, and the Non-Removable Mille Lacs Band of Chippewa
Indians.
(e)
"District Court" means the District Division of the Court of Central
Jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians.
(f)
"Law Enforcement Officer" means an officer of the Band authorized
to enforce the laws of the Band.
(g)
"Secretary" means the United States Secretary of the Interior.
(h)
"Weapon" means an instrument of offensive or defensive combat, or
anything used, or designed to be used, in destroying, defeating or
injuring a person.
Historical
and Statutory Notes
Source:
Band Statute 1069-MLC-7, § 13.
§ 3003. Persons subject to exclusion and removal
All persons, except those authorized by federal law to be present on
lands under the jurisdiction of the Non-Removable Mille Lacs Band of
Chippewa Indians, are subject to exclusion or removal from all or any
portion of said lands as provided herein.
Historical
and Statutory Notes
Source: Band Statute 1069-MLC-7 § 2.
§ 3004. Grounds for exclusion and removal
Persons subject to exclusion and removal may be excluded or removed
from said lands for commission of one or more of the following acts
within said lands:
(a)
An act that is a crime, as defined by federal or Band law, or any
act which, if committed by a member of the Band, would be a crime
under Band law.
(b)
Any act causing physical loss or damage of any nature to the property
of the Band or Tribe, enrolled member of the Band, or other residents
of land under the jurisdiction of the Non-Removable Mille Lacs Band
of Chippewa Indians.
(c)
Obstructing the performance of governmental functions by any elected
official, officer, agent or employee of the Band through the use or
threat of force or violence, bribery, deception or other unlawful
means.
(d)
Resisting arrest by a law enforcement officer through the use of threat
of force or violence, bribery, deception or other unlawful means.
(e)
Rendering criminal assistance by doing any one of the following acts
for the purpose of hindering the apprehension, prosecution, conviction
or punishment of a person known to have committed a crime, to be sought
by law enforcement officers for the commission of a crime, or to have
escaped from a detention facility:
(1)
harboring or concealing such person,
(2)
providing to such person a weapon, money, transportation, disguise
or other means of avoiding discovery or apprehension,
(3)
concealing, altering or destroying any physical evidence that might
aid in the discovery or apprehension of such person,
(4)
warning such person of impending discovery or apprehension, except
where such warning is given in an attempt to persuade the person
to comply with the law, or
(5)
obstructing by force, threat, bribery or deception any person from
performing an act that might aid in the discovery, apprehension,
prosecution or conviction of such person.
(f)
Threatening to enter lands under the jurisdiction of the Non-Removable
Mille Lacs Band of Chippewa Indians to cause disturbances or riots
or to conduct any other activity prohibited by law.
(g)
Mining, cutting timber or vegetation or other use, abuse or damage
to property of the Band or Tribe without authorization from the Band,
Tribe or Secretary.
(h) Prospecting
without authority from the Band or the Secretary.
(i) Exploring
or excavating items, sites or locations of historic, religious or
scientific significance without the lawful authority or permission
of the Band or in violation of Band or federal law.
(j) Committing
frauds, confidence games or usury against any enrolled member of the
Band or any other resident of lands under the jurisdiction of the
Non-Removable Mille Lacs Band of Chippewa Indians.