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Nisqually Tribal Code

March 2003 Edition

TITLE 46 - TRIBAL LANDS


SUBCHAPTER I - EXCLUSION FROM THE NISQUALLY RESERVATION


Section 46.01 - Sovereign Power to Exclude

46.01.01 Persons Subject to Exclusion

Pursuant to the sovereign power of the Nisqually Indian Community to exclude individuals from the Nisqually Indian Reservation, any person, other than enrolled Tribal members, and owners or possessors of real property on the Nisqually Indian Reservation, may be permanently excluded for any conduct, which if such conduct has been committed by an Indian, would have been a violation of this Code.

Historical and Statutory Notes

This section amended in 1991. Originally created by Ordinance 1-1979.


46.01.02 No Assertion of Criminal Jurisdiction over Non-Indians

In asserting its sovereign right to exclude persons from the Reservation, the Nisqually Indian Community is not asserting criminal jurisdiction over non-Indians for acts committed on the Nisqually Indian Reservation.


Historical and Statutory Notes

This section amended in 1991. Originally created by Ordinance 1-1979.


46.01.03 Exclusion Procedure

(a) Initiation of exclusion proceedings shall be the issuance by a Tribal Police Officer, or other person appointed by the Tribal Court, of notice to the person sought to be excluded, of a time and place for a hearing before the Tribal Court.

(b) At the time and place listed in the notice, the individual sought to be excluded must appear and show cause why he or she should not be permanently excluded from the Nisqually Indian Reservation.

(c) Notice shall be personally delivered, unless under the circumstances of the particular case, the Tribal Court allows notice by publication in a newspaper of general circulation in Thurston County.


Historical and Statutory Notes

This section amended in 1991. Originally created by Ordinance 1-1979.

46.01.04 Determination of Exclusion


At an exclusion hearing, the Tribal Court may order an individual excluded permanently, partially excluded with conditions, or make a finding of non-exclusion.

Historical and Statutory Notes

This section amended in 1991. Originally created by Ordinance 1-1979.


46.01.05 Enforcement


If the Tribal Court determines that an individual is permanently excluded, or partially excluded with conditions, Tribal Police Officers, in accordance with the Court's determination, have the authority to physically remove said person to the exterior boundaries of the Nisqually Reservation if said excluded person again enters onto the Nisqually Indian Reservation.


Historical and Statutory Notes

This section amended in 1991. Originally created by Ordinance 1-1979.

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