Standing Rock Sioux Tribal Code of Justice
SRST Code of Justice T. XXXVIII,
Title XXXVIII. Paleontology
GENERAL NOTES
Approved and Amended by Standing Rock Sioux Tribe Council August 2, 2007--Resolution No. 355-07
Standing Rock Sioux Tribe Code of Justice T. XXXVIII, , SRST COJ T. XXXVIII,
Current through Dec. 1, 2010
SRST COJ § 38-101
38-101. Title
SRST Code of Justice § 38-101
Title XXXVIII. Paleontology
Chapter 1. General Provisions ()
38-101. Title
This Title may be cited as the Paleontological Resource Code.
Standing Rock Sioux Tribe Code of Justice § 38-101, SRST COJ § 38-101
Current through Dec. 1, 2010
SRST COJ § 38-102
38-102. Findings
SRST Code of Justice § 38-102
Title XXXVIII. Paleontology
Chapter 1. General Provisions ()
38-102. Findings
The Standing Rock Sioux Tribe (hereinafter “Tribe”) finds and declares:
(a) Congress has not enacted federal legislation providing for the management, preservation, and protection of paleontological resources on federal lands, including land held in trust for federally-recognized Tribes;
(b) Significant paleontological resources have been located within the Standing Rock Indian Reservation;
(c) Paleontological resources have scientific, economic, recreational, and cultural value;
(d) Paleontological resources are an important tribal asset that must be managed and developed for the short and long term benefit of the Tribe;
(e) Paleontological resources are non-renewable resources that, when damaged, stolen, lost, or eroded, are irreplaceable;
(f) Paleontological resources are increasingly endangered because of their commercial value.
Standing Rock Sioux Tribe Code of Justice § 38-102, SRST COJ § 38-102
Current through Dec. 1, 2010
SRST COJ § 38-103
38-103. Purpose
SRST Code of Justice § 38-103
Title XXXVIII. Paleontology
Chapter 1. General Provisions ()
38-103. Purpose
The purposes of this Code are:
(a) To secure for the present and future benefit of the Tribe and its members, the protection and development of paleontological resources that are within the exterior boundaries of the Standing Rock Indian Reservation;
(b) To delineate the authority of the Tribe regarding paleontological resources occurring within the exterior boundaries of the Standing Rock Indian Reservation;
(c) To provide tribally-controlled policies and procedures for the management of paleontological resources;
(d) To provide a policy for coordinating with the Bureau of Indian Affairs on paleontological resources occurring within the exterior boundaries of the Standing Rock Indian Reservation;
(e) To create Tribal statutes in addition to existing state and federal statutes for civilly prosecuting whoever damages or steals Tribal paleontological resources or trespasses on Tribal paleontological sites.
(f) To specify the law enforcement authority who will investigate, detain individuals, seize property used in violation of Tribal law, arrest and/or exclude and remove from the reservation [FN1] of whoever damages or steals Tribal paleontological resources or who trespasses on paleontological sites.
[FN1] Act of March 2, 1889, § 3 (25 Stat. 888) (Boundaries of the Standing Rock Indian Reservation).
Standing Rock Sioux Tribe Code of Justice § 38-103, SRST COJ § 38-103
Current through Dec. 1, 2010
SRST COJ § 38-104
38-104. Management Objectives
SRST Code of Justice § 38-104
Title XXXVIII. Paleontology
Chapter 1. General Provisions ()
38-104. Management Objectives
The management objectives are to:
(a) Create a Tribal Paleontology Office for the purpose of managing Tribal paleontological resources;
(b) Locate, evaluate, and protect paleontological resources within the exterior boundaries of the reservation;
(c) Facilitate the appropriate scientific, educational, and developmental uses of the tribe's paleontological resources;
(d) Ensure that proposed land uses do not inadvertently damage or destroy important paleontological resources;
(e) Foster public awareness and appreciation of the tribe's paleontological resources;
(f) Specify the authorities within the Tribal government responsible for implementing and enforcing the Paleontology Resource Code;
(g) Provide civil penalties in addition to or instead of criminal prosecution for whoever steals or damages a paleontological resource or trespasses on a paleontological site.
Standing Rock Sioux Tribe Code of Justice § 38-104, SRST COJ § 38-104
Current through Dec. 1, 2010
SRST COJ § 38-201
38-201. Paleontological Resource
SRST Code of Justice § 38-201
Title XXXVIII. Paleontology
Chapter 2. Definitions ()
38-201. Paleontological Resource
(a) A “paleontological resource” (“fossil” or “fossil resource”) is defined as the organic and/or mineral remains of an extinct specie or extinct species, including traces or imprints of said organisms, which have been preserved by natural processes within geologic contexts. Geologic context includes both the primary, bedrock context of a paleontological resource and secondary contexts arising from erosion of fossil resources from primary contexts. The following are not considered to be fossils and are exempted from this Code:
(1) Organic remains such as coal, oil or gas that are primarily used as fuel;
(2) All human remains; and
(3) All organic remains occurring in archaeological contexts.
(b) A “vertebrate paleontological resource” is defined as type of paleontological resource deriving from an organism with skeletal elements that included vertebra.
(c) A “paleontological resource site” is defined as a location with paleontological resources. The boundary of such site shall be determined by:
(1) The presence of paleontological resources as evidenced by specimens found in surface exposures; and
(2) A buffer zone surrounding exposed remains sufficient to provide protection for exposed resources.
The boundary of a paleontological resource site may be revised as new or more refined data becomes available.
Standing Rock Sioux Tribe Code of Justice § 38-201, SRST COJ § 38-201
Current through Dec. 1, 2010
SRST COJ § 38-202
38-202. Excavate
SRST Code of Justice § 38-202
Title XXXVIII. Paleontology
Chapter 2. Definitions ()
38-202. Excavate
The term “excavation” means to expose by digging, blasting, drilling, prying, hammering, or other subsurface disturbance of the natural position of material at a paleontological resource site.
Standing Rock Sioux Tribe Code of Justice § 38-202, SRST COJ § 38-202
Current through Dec. 1, 2010
SRST COJ § 38-203
38-203. Accredited Paleontologist
SRST Code of Justice § 38-203
Title XXXVIII. Paleontology
Chapter 2. Definitions ()
38-203. Accredited Paleontologist
“Accredited Paleontologist” means an individual with:
(a) Formal education resulting in at least a masters degree from an accredited institution in paleontology, or geology, anthropology, biology, botany, or zoology if the major emphasis is in paleontology; or
(b) Equivalent paleontological training and experience including at least twenty-four (24) months under the guidance of a professional paleontologist who meets qualification (a), providing increased professional responsibility duties similar to those in qualification (a); and
(c) Demonstrated experience in collecting, analyzing, and reporting paleontological data; and
(d) Demonstrated experience in planning, equipping, staffing, organizing, supervising crews performing paleontological surface collections or excavations; and
(e) Demonstrated experience in carrying paleontological projects to completion or publication of theses, research reports, scientific papers, or similar documents.
Standing Rock Sioux Tribe Code of Justice § 38-203, SRST COJ § 38-203
Current through Dec. 1, 2010
SRST COJ § 38-204
38-204. Land
SRST Code of Justice § 38-204
Title XXXVIII. Paleontology
Chapter 2. Definitions ()
38-204. Land
“Fossils” and relationship to the “Land,” “Land” and various types of land are defined as follows:
(a) Fossils are “an ‘ingredient’ comprising part of the ‘solid material of the earth.’ ” That is, fossils are “a component part of the land, just like the soil, the rocks, and whatever other naturally-occurring materials make up the earth.” Black Hills Institute of Geological Research, Inc. v. United States Department of Justice, 12 F.3d 737, 742 (8th Cir. 1993);
(b) Land is defined as “that which is or includes the solid material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance.” Reynard v. City of Caldwell, 55 Idaho 342, 42 P.2d 292, 296 (Idaho 1935);
(c) “Tribal land, trust land, Indian land” as defined in 25 CFR § 166.4;
(d) “Tribal fee land” is land purchased under the name of the Standing Rock Sioux Tribe and not in trust status;
(e) “Allotted land” is land held in trust by the United States for an individual tribal member or members, which may include the Tribe.
(f) “Fractionated interest” is the percentage beneficial interest held by an individual tribal member or the Tribe in a tract of allotted land.
(g) “Deeded land” (“fee land”) is land within the exterior bounds of the Standing Rock Indian Reservation, title to which is held by a non-federal or state entity
(h) Case law [Black Hills Institute of Geological Research, et al. v. United States Department of Justice, 12 F.3d 737, 741 (8th Cir. 1993)] has determined that a paleontological resource is an interest in the land within the meaning of land in the Indian Reorganization Act § 4, 25 U.S.C.A. § 483, 25 CFR § 166.4.
Standing Rock Sioux Tribe Code of Justice § 38-204, SRST COJ § 38-204
Current through Dec. 1, 2010
SRST COJ § 38-205
38-205. Standing Rock Indian Reservation
SRST Code of Justice § 38-205
Title XXXVIII. Paleontology
Chapter 2. Definitions ()
38-205. Standing Rock Indian Reservation
For the purpose of this Code, the exterior boundaries of the Standing Rock Indian Reservation are those defined by the Act of March 2, 1889, § 3, 25 Stat. 888.
Standing Rock Sioux Tribe Code of Justice § 38-205, SRST COJ § 38-205
Current through Dec. 1, 2010
SRST COJ § 38-206
38-206. Person
SRST Code of Justice § 38-206
Title XXXVIII. Paleontology
Chapter 2. Definitions ()
38-206. Person
The term “persons” means an individual, corporation, partnership, trust, institution, association, or any other private entity or an officer, employee, agent, department, or instrumentality of the United States, of any Indian tribe, or of any State or political subdivision thereof.
Standing Rock Sioux Tribe Code of Justice § 38-206, SRST COJ § 38-206
Current through Dec. 1, 2010
SRST COJ § 38-207
38-207. Indian
SRST Code of Justice § 38-207
Title XXXVIII. Paleontology
Chapter 2. Definitions ()
38-207. Indian
For the purpose of this Code, an “Indian” shall be deemed to be
(a) any individual of Indian descent who is a member of any recognized Indian Tribe now under Federal jurisdiction; and
(b) any governmental entity of the Standing Rock Sioux Tribe.
Standing Rock Sioux Tribe Code of Justice § 38-207, SRST COJ § 38-207
Current through Dec. 1, 2010
SRST COJ § 38-301
38-301. Applicability of The Notification Provision
SRST Code of Justice § 38-301
Title XXXVIII. Paleontology
Chapter 3. Applicability of the Paleontology Code ()
38-301. Applicability of The Notification Provision
Since collection or excavation at a fossil site may require a determination of boundaries between trust and deeded or land owned in fee-simple, may require access routes that cross trust land including tribally-owned land or land in which the tribe has a fractionated interest, or may involve persons having questionable or unknown qualifications, to protect the tribe's interests the notification provision of this Code (Chapter 8) applies to the following lands within the exterior boundaries of the Standing Rock Indian Reservation:
(a) All allotted in which there is no Tribal fractionated interest;
(b) All deeded or land owned in fee-simple except for Tribal fee land; and
(c) All federally-owned land not held in trust.
Standing Rock Sioux Tribe Code of Justice § 38-301, SRST COJ § 38-301
Current through Dec. 1, 2010
SRST COJ § 38-302
38-302. Applicability To Tribal Trust Land and Tribal Fee Land
SRST Code of Justice § 38-302
Title XXXVIII. Paleontology
Chapter 3. Applicability of the Paleontology Code ()
38-302. Applicability To Tribal Trust Land and Tribal Fee Land
All provisions of this Code including permitting (Chapter 9), law enforcement (Chapter 12), and criminal and civil prosecution (Chapters 13 and 14) apply to the following lands within the exterior boundaries of the Standing Rock Indian Reservation:
(a) All Tribal trust land;
(b) All allotted land in which the Tribe holds a fractionated interest; and
(c) All deeded or land owned in fee-simple status by the Standing Rock Sioux Tribe.
The permitting, law enforcement, and criminal and civil prosecution provisions of this code do not apply to allotted land in which the Tribe holds no fractionated interest. The owners of such land can petition the Tribe to have these provisions apply to their land. This petition should be sent to the Tribal Paleontology Office or, in the absence of such office, the Select Committee, and should include both a legal description of the land and the tract number.
Standing Rock Sioux Tribe Code of Justice § 38-302, SRST COJ § 38-302
Current through Dec. 1, 2010
SRST COJ § 38-401
38-401. Ownership
SRST Code of Justice § 38-401
Title XXXVIII. Paleontology
Chapter 4. Ownership ()
38-401. Ownership
(a) The Tribe is the sole beneficial owner of all paleontological resources located on Tribal trust land.
(b) The Tribe has a beneficial interest in paleontological resources proportional to the tribe's fractionated interest on allotted land.
(c) The Tribe is the sole owner of all paleontological resources located on Tribal deeded or land owned in fee-simple status.
Standing Rock Sioux Tribe Code of Justice § 38-401, SRST COJ § 38-401
Current through Dec. 1, 2010
SRST COJ § 38-402
38-402. Loss of Trust Status
SRST Code of Justice § 38-402
Title XXXVIII. Paleontology
Chapter 4. Ownership ()
38-402. Loss of Trust Status
(a) Once legally severed from trust land, the trust status of a paleontological resource is terminated. “Legally severed” means that:
(1) The Bureau of Indian Affairs has approved by permit the removal of the fossil resource from the geologic context; and
(2) Where the land is Tribal trust land, land in which the tribe holds a fractionated interest, or Tribal fee land, the Tribe has approved by permit the removal of the fossil resource from the geologic context.
(b) Paleontological resources that are removed from trust lands without BIA approval retain their trust status.
(c) Because fossils by case law are legally considered to be part of the land (see xx-501), because issuing of Tribal and BIA permits allows a fossil to be removed from trust status, and because the Tribe has a right of first refusal when there is an application to terminate the trust status of an interest in the land [American Indian Probate Reform Act of 2004 (PL 108-656) Section 217(f)], the BIA must:
(1) Notify the Tribe in advance of issuing a paleontology permit on trust land within the exterior boundaries of the Standing Rock Indian Reservation; and
(2) If the Tribe indicates that the right of first refusal may or will be exercised, the BIA shall develop procedures that allow the Tribe to exercise this right.
Standing Rock Sioux Tribe Code of Justice § 38-402, SRST COJ § 38-402
Current through Dec. 1, 2010
SRST COJ § 38-501
38-501. Responsibilities of The Bureau of Indian Affairs
SRST Code of Justice § 38-501
Title XXXVIII. Paleontology
Chapter 5. Responsibilities of the Bureau of Indian Affairs ()
38-501. Responsibilities of The Bureau of Indian Affairs
The authority and responsibility of the Bureau of Indian Affairs (BIA) to manage paleontological resources on trust land within the Standing Rock Indian Reservation is established by case law [Black Hills Institute of Geological Research, et al. v. United States Department of Justice, 12 F.3d 737, 741 (8th Cir. 1993)]. The court held that fossils on trust land are an interest in the land and as such the beneficial owner of land must secure prior approval of Secretary of Interior in order to sell or otherwise alienate the resource [Indian Reorganization Act § 4, 25 U.S.C.A. § 464 and 25 U.S.C.A. § 483]. Paleontological resources on trust lands are trust resources.
As trustee of Indian lands and the paleontological resources that are an interest in that land it is the responsibility of the BIA to:
(a) Determine ownership of trust lands including any paleontological resources on those lands; and
(b) Review all transactions, conveyances, or contracts involving paleontological resources on trust lands; and
(c) Evaluate the potential for the presence or absence of fossils on trust lands involved in land sales or trades; and
(d) Determine whether fossils on trust land have significant monetary value that will affect land value; and
(e) Provide reasonable protection from theft or man-caused destruction of paleontological resources on trust land; and
(f) Provide law enforcement services in the event of theft or intentional destruction of fossils on trust lands; and
(g) Provide the Tribe the opportunity to exercise its right of first refusal when there is an application to terminate the trust status of a paleontological resource (see xx-402).
Standing Rock Sioux Tribe Code of Justice § 38-501, SRST COJ § 38-501
Current through Dec. 1, 2010
SRST COJ § 38-502
38-502. Bia-Tribal Coordination
SRST Code of Justice § 38-502
Title XXXVIII. Paleontology
Chapter 5. Responsibilities of the Bureau of Indian Affairs ()
38-502. Bia-Tribal Coordination
The Tribe shall implement this Code in concert with the trust responsibilities of the Bureau of Indian Affairs.
Standing Rock Sioux Tribe Code of Justice § 38-502, SRST COJ § 38-502
Current through Dec. 1, 2010
SRST COJ § 38-601
38-601. Tribal Paleontology Office
SRST Code of Justice § 38-601
Title XXXVIII. Paleontology
Chapter 6. Tribal Authority and Responsibility ()
38-601. Tribal Paleontology Office
The Tribe shall incorporate a Tribal Paleontology Office that will be responsible for the management and development of the tribe's paleontology resources. The authority of the Tribal Paleontology Office supersedes that granted to the THPO in Title XXXII of the tribe's Code of Justice.
Standing Rock Sioux Tribe Code of Justice § 38-601, SRST COJ § 38-601
Current through Dec. 1, 2010
SRST COJ § 38-602
38-602. Select Paleontology Committee
SRST Code of Justice § 38-602
Title XXXVIII. Paleontology
Chapter 6. Tribal Authority and Responsibility ()
38-602. Select Paleontology Committee
Until such time that a Tribal Paleontology Office is chartered by the Tribal Council, the Tribal Chairman shall appoint a Select Paleontology Committee (Select Committee) that shall exercise oversight over matters pertaining to the tribe's paleontological resources. The committee shall be composed of three (3) council persons. They shall seek advice from other Tribal offices whose duties pertain to paleontology and/or can provide technical expertise relevant to the management and development of the tribe's paleontology resources.
Authority is vested with the committee to:
(a) Approve all paleontological permits issued by the Tribe;
(b) Approve all contracts for the excavation of paleontological resources after review by the Tribal In-House Attorney.
Standing Rock Sioux Tribe Code of Justice § 38-602, SRST COJ § 38-602
Current through Dec. 1, 2010
SRST COJ § 38-603
38-603. Administrative Responsibility of The Select Committee
SRST Code of Justice § 38-603
Title XXXVIII. Paleontology
Chapter 6. Tribal Authority and Responsibility ()
38-603. Administrative Responsibility of The Select Committee
Until such time that a Tribal Paleontology Office is chartered, the Select Committee shall exercise the following administrative functions:
(a) Maintain permanent records of paleontological resources on the Standing Rock Indian Reservation including site forms and reports, permits, and signed confidentiality forms; and
(b) Shall store paleontology records in a secure, locked facility; and
(c) Issue permits to institutions, organizations, or individuals;
(d) Monitor the tribe's paleontological sites; and
(e) Monitor excavations of paleontological sites; and
(f) Coordinate with federal and Tribal law enforcement on events affecting paleontological resources; and
(g) Coordinate with the BIA on routine matters concerning administration of paleontological resources; and
(h) Solicit guidance from professional paleontologist(s) as needed.
Standing Rock Sioux Tribe Code of Justice § 38-603, SRST COJ § 38-603
Current through Dec. 1, 2010
SRST COJ § 38-701
38-701. Confidentiality of Information About Paleontological Resources
SRST Code of Justice § 38-701
Title XXXVIII. Paleontology
Chapter 7. Non-Disclosure/Confidentiality ()
38-701. Confidentiality of Information About Paleontological Resources
The Standing Rock Sioux Tribe is hereby authorized to withhold information concerning the nature and location of all paleontological resources occurring within the exterior bounds of the Standing Rock Indian Reservation from the public if the Tribal Paleontology Office or, in the absence of such office, the Select Committee determines that such disclosure would:
(a) Create an unreasonable risk of harm, theft, or destruction of the resource or object; or
(b) Cause a significant invasion of privacy; or
(c) Endanger any cultural resource, traditional cultural property, burial, or sacred site.
Standing Rock Sioux Tribe Code of Justice § 38-701, SRST COJ § 38-701
Current through Dec. 1, 2010
SRST COJ § 38-702
38-702. Disclosure of Sites On Allotted Land
SRST Code of Justice § 38-702
Title XXXVIII. Paleontology
Chapter 7. Non-Disclosure/Confidentiality ()
38-702. Disclosure of Sites On Allotted Land
The Tribe is not authorized to disclose other than to the BIA the location of any paleontological resource on allotted land unless the Tribe holds a fractionated interest of at least fifty (50) percent in the allotment or unless a majority of the allotment owners have approved the disclosure.
Standing Rock Sioux Tribe Code of Justice § 38-702, SRST COJ § 38-702
Current through Dec. 1, 2010
SRST COJ § 38-703
38-703. Release of Confidential Information
SRST Code of Justice § 38-703
Title XXXVIII. Paleontology
Chapter 7. Non-Disclosure/Confidentiality ()
38-703. Release of Confidential Information
In general, information about specific locations will be divulged to individuals, institutions, or agencies only if:
(a) The individual, institution, or agency is responsible for the protection, management, or excavation of paleontological resources; and
(b) The individual, institution, or agency has signed a confidentiality statement; and
(c) Disclosure is authorized in writing by the Tribal Paleontology Office or, in the absence of such office, by the THPO if approved by the Select Committee on Paleontology.
To obtain permission to access the paleontology site records, the individual, institution or agency shall submit a written request to the Tribal Paleontology Office. In the absence of such office, requests shall be submitted to the Select Committee.
Standing Rock Sioux Tribe Code of Justice § 38-703, SRST COJ § 38-703
Current through Dec. 1, 2010
SRST COJ § 38-704
38-704. Confidentially Form
SRST Code of Justice § 38-704
Title XXXVIII. Paleontology
Chapter 7. Non-Disclosure/Confidentiality ()
38-704. Confidentially Form
All individuals must sign a confidentiality form before being giving access to paleontology files. When an institution or agency is involved the lead investigator or federal line office must sign the form.
Standing Rock Sioux Tribe Code of Justice § 38-704, SRST COJ § 38-704
Current through Dec. 1, 2010
SRST COJ § 38-705
38-705. Publication of Confidential Information
SRST Code of Justice § 38-705
Title XXXVIII. Paleontology
Chapter 7. Non-Disclosure/Confidentiality ()
38-705. Publication of Confidential Information
Publication of specific site locations, including publication in theses, is prohibited if such publication would create an unreasonable risk of harm, theft, or destruction of the resource.
To obtain permission to publish information about paleontological resources, the individual, institution or agency shall submit a written request to the Tribal Paleontology Office, or in the absence of such office, to the Select Committee.
Standing Rock Sioux Tribe Code of Justice § 38-705, SRST COJ § 38-705
Current through Dec. 1, 2010
SRST COJ § 38-801
38-801. Notice of Intent To Excavate Or Collect
SRST Code of Justice § 38-801
Title XXXVIII. Paleontology
Chapter 8. Notification ()
38-801. Notice of Intent To Excavate Or Collect
Any person collecting or excavating fossils within the exterior boundaries of the Standing Rock Indian Reservation on fee land not owned by the Tribe, on federal land not held in trust, or on allotted land in which the Tribe holds no interest shall provide the following information to the Tribe:
(a) The person(s) responsible for the collection or excavation.
(b) The date(s) on which the collection or excavation will occur.
(c) The legal location of the land on which the collection or excavation will occur.
(d) The access route that will be used to reach the collection or excavation location.
The Tribe reserves the right to verify the above information, including field verification.
Standing Rock Sioux Tribe Code of Justice § 38-801, SRST COJ § 38-801
Current through Dec. 1, 2010
SRST COJ § 38-901
38-901. Permitting
SRST Code of Justice § 38-901
Title XXXVIII. Paleontology
Chapter 9. Permitting ()
38-901. Permitting
The Tribe is responsible for issuing permits to any person or persons conducting any type of paleontological investigation on trust land or on tribal fee land within the exterior bounds of the Standing Rock Indian Reservation.
(a) To be valid the permit must be signed by the authorized representative of the Tribe.
(b) All persons must have a valid paleontological resource permit prior to engaging in any fieldwork. Any person engaging in searching for, surveying, collecting, or excavating a paleontological resource without a valid permit is subject to prosecution under relevant Tribal, State and/or Federal laws.
(c) Applications for a permit should be sent to the Tribal Paleontology Office or, in the absence of such office, to the Standing Rock Sioux Tribe, Attn: Select Committee on Paleontology, P.O. Box D, Fort Yates, ND 58538.
Standing Rock Sioux Tribe Code of Justice § 38-901, SRST COJ § 38-901
Current through Dec. 1, 2010
SRST COJ § 38-902
38-902. Permit Examination
SRST Code of Justice § 38-902
Title XXXVIII. Paleontology
Chapter 9. Permitting ()
38-902. Permit Examination
Personnel of the Tribal Paleontology Office, the THPO, any officer of the Standing Rock Sioux Fish and Wildlife Conservation Department or any other designated officer of the Standing Rock Sioux Tribe may at any time examine the permit(s) of any persons(s) claiming privileges referred to in this Code that are authorized and regulated pursuant to this Code.
Standing Rock Sioux Tribe Code of Justice § 38-902, SRST COJ § 38-902
Current through Dec. 1, 2010
SRST COJ § 38-903
38-903. General Permit Conditions
SRST Code of Justice § 38-903
Title XXXVIII. Paleontology
Chapter 9. Permitting ()
38-903. General Permit Conditions
The following general conditions apply to all permits.
(a) All permits require a legal description including the tract or allotment number for which the permit is issued.
(b) The location of each collected and/or excavated fossil must be recorded on a paleontology site form and a copy of this form must be submitted to the Tribe upon completion of fieldwork.
(c) On Tribal trust and fee land all collected and/or excavated fossils remain the property of the Tribe unless there is a written contract specifying other disposition.
(d) On allotted land the Tribe retains ownership proportional to the tribe's fractionated interest of all collected and/or excavated fossils unless there is a written contract specifying other disposition.
(e) If specified in the permit, the permittee may retain temporary possession of the fossils for purposes of scientific study for the duration specified on the permit.
(f) When the permittee retains temporary possession, the fossils must be curated in a repository approved by the Tribe.
(g) The permittee shall reclaim all land disturbed by collection or excavation.
(h) The permittee must sign a confidentiality statement.
(i) Possession of a permit entitles the permittee to cross Tribal trust land but does not entitle the permittee to cross allotted land in which there is not a Tribal fractionated interest without the consent of allottees or the BIA acting on behalf of the allottees.
(j) Paleontological resources may be covered by sediment containing cultural resources or may occur in locations with human burials, Traditional Cultural Properties (TCPs), or sacred sites. The THPO office shall determine whether cultural resources, burials, TCPs, or sacred sites are present. In general, paleontological collection will not be allowed in locations with intact, subsurface deposits of cultural resources, with burials, with TCPs, or with sacred sites.
Standing Rock Sioux Tribe Code of Justice § 38-903, SRST COJ § 38-903
Current through Dec. 1, 2010
SRST COJ § 38-904
38-904. Survey and Limited Collection Permit
SRST Code of Justice § 38-904
Title XXXVIII. Paleontology
Chapter 9. Permitting ()
38-904. Survey and Limited Collection Permit
This permit will be issued to expedite broad ranging survey or reconnaissance work needed to identify fossil localities for scientific research, inventory, or economic development. Limited collection is allowed under this permit when:
(a) A fossil is in danger of being lost through erosion or is in danger of being looted, or;
(b) A fossil sample is needed to aid in the identification of the type of fossil(s) present in the location; and,
(c) No more than one square meter (1 m2) of surface will be disturbed when a fossil is removed.
(d) Removal does not endanger fossils in a subsurface context.
Standing Rock Sioux Tribe Code of Justice § 38-904, SRST COJ § 38-904
Current through Dec. 1, 2010
SRST COJ § 38-905
38-905. Plant and/or Invertebrate Fossil Permit
SRST Code of Justice § 38-905
Title XXXVIII. Paleontology
Chapter 9. Permitting ()
38-905. Plant and/or Invertebrate Fossil Permit
This permit will be issued to persons requesting permission to collect plant fossils or invertebrate fossils. This permit will not be issued when the plant/invertebrate fossils occur in a location with vertebrate fossil remains. The Tribe reserves the right to place other restrictions on permits pertaining to localities that have exceptional scientific or commercial value.
Standing Rock Sioux Tribe Code of Justice § 38-905, SRST COJ § 38-905
Current through Dec. 1, 2010
SRST COJ § 38-906
38-906. Vertebrate Fossil Permit
SRST Code of Justice § 38-906
Title XXXVIII. Paleontology
Chapter 9. Permitting ()
38-906. Vertebrate Fossil Permit
A vertebrate fossil permit will be issued to persons requesting permission to collect vertebrate fossils only if:
(a) An accredited paleontologist submits the application and directs the fieldwork;
(b) The permittee has entered into a contractual agreement with the Tribe and/or allottee stipulating the final disposition of collected remains;
(c) The permit application must have a scope of work that specifies:
(1) A legal description of the location of the excavation;
(2) The planned duration of the excavation with beginning and ending dates; and
(3) A schedule for preparing the fossils once they are removed from the field; and
(4) The facility in which the fossils will be housed during preparation and study; and
(5) The time needed to scientifically study the collected specimens.
Standing Rock Sioux Tribe Code of Justice § 38-906, SRST COJ § 38-906
Current through Dec. 1, 2010
SRST COJ § 38-907
38-907. Revocation of A Permit
SRST Code of Justice § 38-907
Title XXXVIII. Paleontology
Chapter 9. Permitting ()
38-907. Revocation of A Permit
(a) The Tribal Paleontology Office, or in the absence of such office, the Select Committee may revoke a permit if the permittee has:
(1) Failed to begin work authorized under the permit, without good cause; or
(2) Failed to diligently prosecute work authorized under the permit; without good cause; or
(3) Failed to comply with tribal law or any condition of the permit.
(b) The revocation notice to the permittee must state the reason for the revocation.
(c) The revocation notice must be sent by certified mail with return receipt requested.
(d) Upon receipt of the notice, the permittee has ten (10) days to respond or provide adequate documentation to comply with the permit.
Standing Rock Sioux Tribe Code of Justice § 38-907, SRST COJ § 38-907
Current through Dec. 1, 2010
SRST COJ § 38-1001
38-1001. Survey Requirements
SRST Code of Justice § 38-1001
Title XXXVIII. Paleontology
Chapter 10. Land Uses ()
38-1001. Survey Requirements
Many types of construction projects involve subsurface impacts that could adversely impact paleontological resources. As part of the cultural resource inventories conducted by the THPO, the THPO shall add the following information to the inventory report:
(a) The presence or absence of bedrock surface exposures in the project's area of potential effect.
(b) If bedrock is exposed, the presence or absence of fossils.
(c) If fossils are present, whether they are plant, invertebrate, or vertebrate.
(d) A recommendation as to whether the project will damage scientifically or commercially valuable fossils.
Standing Rock Sioux Tribe Code of Justice § 38-1001, SRST COJ § 38-1001
Current through Dec. 1, 2010
SRST COJ § 38-1002
38-1002. Presence of Plant and/or Invertebrate Fossils
SRST Code of Justice § 38-1002
Title XXXVIII. Paleontology
Chapter 10. Land Uses ()
38-1002. Presence of Plant and/or Invertebrate Fossils
Generally plant and invertebrate fossils do not have to be avoided by land development projects. However, there may be situations where an evaluation by a professional paleontologist is needed. If there appears to be an exceptional situation, the Tribal Paleontology Office or the Select Committee shall require that an investigation by an accredited paleontologist be conducted. All costs for this investigation will be borne by the contractor.
Standing Rock Sioux Tribe Code of Justice § 38-1002, SRST COJ § 38-1002
Current through Dec. 1, 2010
SRST COJ § 38-1003
38-1003. Presence of Vertebrate Fossils
SRST Code of Justice § 38-1003
Title XXXVIII. Paleontology
Chapter 10. Land Uses ()
38-1003. Presence of Vertebrate Fossils
If vertebrate fossils are present in a project's area of disturbance, these finds must be assessed by an accredited paleontologist to determine their significance and commercial value. Vertebrate fossils that are scientifically significant or have a value exceeding $100 must either be avoided by the project or professionally removed prior to construction. All costs incurred in removing fossil remains are to be borne by the contractor.
Standing Rock Sioux Tribe Code of Justice § 38-1003, SRST COJ § 38-1003
Current through Dec. 1, 2010
SRST COJ § 38-1004
38-1004. Inadvertent Discoveries
SRST Code of Justice § 38-1004
Title XXXVIII. Paleontology
Chapter 10. Land Uses ()
38-1004. Inadvertent Discoveries
This section supersedes Code of Justice, § 32-1501. When remains of vertebrate fossils are uncovered during a construction project, work must stop in the immediate vicinity of the fossil find, steps must be taken to protect the discovery, and the Tribal Paleontology Office or the Select Committee immediately contacted. The Tribal Paleontology Office or the Select Committee shall consult with an accredited paleontologist to determine what steps need to be taken to secure and recover the fossil find.
Standing Rock Sioux Tribe Code of Justice § 38-1004, SRST COJ § 38-1004
Current through Dec. 1, 2010
SRST COJ § 38-1101
38-1101. Prohibited Exchanges
SRST Code of Justice § 38-1101
Title XXXVIII. Paleontology
Chapter 11. Land Exchanges ()
38-1101. Prohibited Exchanges
The Tribal Council may prohibit the exchange of any tribal tract containing paleontological resources and may prohibit any exchange involving tracts of land with bedrock exposures of strata known to contain significant paleontological resources. The latter include but are not limited to the Hell Creek Formation. The BIA shall be notified in writing of such prohibitions.
Standing Rock Sioux Tribe Code of Justice § 38-1101, SRST COJ § 38-1101
Current through Dec. 1, 2010
SRST COJ § 38-1201
38-1201. Detention Authority
SRST Code of Justice § 38-1201
Title XXXVIII. Paleontology
Chapter 12. Law Enforcement ()
38-1201. Detention Authority
Any Tribal law enforcement officer or any designated enforcement officer of the Standing Rock Sioux Fish and Wildlife Conservation Department may detain without warrant any person when there is “probable cause” that the person has trespassed on a paleontological resource site or has damaged or stolen a paleontological resource in violation of this Code. Detention shall be of duration needed for the arrival of a law enforcement official with arrest authority but shall not exceed twenty-four (24) hours.
Standing Rock Sioux Tribe Code of Justice § 38-1201, SRST COJ § 38-1201
Current through Dec. 1, 2010
SRST COJ § 38-1202
38-1202. Search of Vehicles, Receptacles, and Other Containers
SRST Code of Justice § 38-1202
Title XXXVIII. Paleontology
Chapter 12. Law Enforcement ()
38-1202. Search of Vehicles, Receptacles, and Other Containers
Any designated enforcement officer of the Standing Rock Sioux Fish and Wildlife Conservation Department, Tribal law enforcement officer, or other specifically authorized law enforcement officer may, because of the high likelihood of damage to fossils as well as the potential loss of evanescent evidence, conduct warrantless searches based upon “probable cause” of any conveyance, vehicle, receptacle, container or other similar device which he/she has reason to believe contains evidence of violations of this Code.
Standing Rock Sioux Tribe Code of Justice § 38-1202, SRST COJ § 38-1202
Current through Dec. 1, 2010
SRST COJ § 38-1203
38-1203. Confiscation of Paleontological Resources Illegally Obtained
SRST Code of Justice § 38-1203
Title XXXVIII. Paleontology
Chapter 12. Law Enforcement ()
38-1203. Confiscation of Paleontological Resources Illegally Obtained
Any designated enforcement officer of the Standing Rock Sioux Fish and Wildlife Conservation Department or any other law enforcement officer of the Standing Rock Sioux Tribe is hereby authorized to seize any and all paleontological resources when there is “probable cause” that the resource was illegally obtained or that may now be illegally in the possession of any person. The Tribal Court, upon a showing of probable cause, shall issue a warrant authorizing the seizure of any paleontological resource obtained in a manner contrary to this Code.
Standing Rock Sioux Tribe Code of Justice § 38-1203, SRST COJ § 38-1203
Current through Dec. 1, 2010
SRST COJ § 38-1204
38-1204. Seizure of Vehicles, Receptacles, and Other Property
SRST Code of Justice § 38-1204
Title XXXVIII. Paleontology
Chapter 12. Law Enforcement ()
38-1204. Seizure of Vehicles, Receptacles, and Other Property
Any Tribal Conservation Officer, Game Warden, Agency or Tribal Law Enforcement Officer, or other specifically authorized law enforcement officer is hereby authorized to seize with or without search warrant issued by the Tribal Court based upon probable cause, any property, articles, items, or materials which he/she has reason to believe was utilized or held with an intent to use in a manner contrary to this Code. The Tribal Court, upon showing of probable cause, shall issue an in rem [FN2] warrant authorizing seizure any property, articles, items, or materials used or held with intent to use in a manner contrary to this Code.
[FN2] Black's Law Dictionary, Eighth Ed., defines the term “in rem” as “Involving or determining the status of a thing, and therefore the rights of persons generally with respect to that thing.” In addition, Black's defines an “Action in rem” as: “an action in which the judgment of the court determines the title to the property and the rights of the parties, not merely as between themselves, but also as against all persons at any time dealing with them or with the property upon which the court had adjudicated.”
Standing Rock Sioux Tribe Code of Justice § 38-1204, SRST COJ § 38-1204
Current through Dec. 1, 2010
SRST COJ § 38-1301
38-1301. Elements
SRST Code of Justice § 38-1301
Title XXXVIII. Paleontology
Chapter 13. Elements of Criminal and Civil Violations ()
38-1301. Elements
A person may be prosecuted in a court of competent jurisdiction in criminal and/or civil proceedings if the violation includes the following elements:
(a) It involves a paleontological resource or paleontological resource site; and
(b) The violation occurs on trust land or Tribally-owned fee land within the exterior boundaries of the Standing Rock Indian Reservation; and
(c) The violation involves an act prohibited by this Code; and
(d) The person acted without valid permits from the Standing Rock Sioux Tribe and/or the BIA; and
(e) The person who committed the violation acted knowingly.
Standing Rock Sioux Tribe Code of Justice § 38-1301, SRST COJ § 38-1301
Current through Dec. 1, 2010
SRST COJ § 38-1401
38-1401. Prohibited Acts
SRST Code of Justice § 38-1401
Title XXXVIII. Paleontology
Chapter 14. Criminal Violations ()
38-1401. Prohibited Acts
(a) No person shall remove, damage or excavate any paleontological resources on trust land or Tribally-owned fee land or attempt to do the proceeding; or
(b) Trespass on a paleontological resource site on trust land or Tribally-owned fee land within the exterior bounds of the Standing Rock Indian Reservation without:
(1) Authorization in the form of a valid permit issued by the Standing Rock Sioux Tribe pursuant to the requirements of this Code; and
(2) a permit issued by the Bureau of Indian Affairs.
Standing Rock Sioux Tribe Code of Justice § 38-1401, SRST COJ § 38-1401
Current through Dec. 1, 2010
SRST COJ § 38-1402
38-1402. Applicable Statutes
SRST Code of Justice § 38-1402
Title XXXVIII. Paleontology
Chapter 14. Criminal Violations ()
38-1402. Applicable Statutes
Whoever removes, damages, or excavates paleontology resources or trespasses on a paleontological resource site located on trust land or Tribal fee land without authorization in the form of a valid permit or permits may be prosecuted and/or sued for damages under one or more of the following laws in a court of competent jurisdiction.
(a) Tribal Laws: Whoever removes or damages paleontology resources on trust land without authorization in the form of valid permit or permits may be prosecuted and/or sued for damages under one or more of the following tribal laws:
(1) Any Indian who removes by theft a paleontological resource located on trust land or Tribally-owned fee land located within the exterior boundaries of the Standing Rock Indian Reservation may be prosecuted in Tribal Court under § 4-604 (Theft) of the tribe's Code of Justice.
(2) Any Indian who intentionally or recklessly damages a paleontological resource located on trust land or Tribally-owned fee land located within the exterior boundaries of the Standing Rock Indian Reservation without a valid permit or permits may be prosecuted in Tribal Court under § 4-606 (Criminal Mischief) of the tribe's Code of Justice.
(3) Any Indian who knowingly trespasses on a paleontological resource site located on trust land or Tribally-owned fee land located within the exterior boundaries of the Standing Rock Indian Reservation without valid permit or permits may be prosecuted in Tribal Court under § 4-603 (Criminal Trespass) of the Standing Rock Sioux tribe's Code of Justice.
(4) Any person who commits the tort of conversion by removing a paleontological resource located on trust land or Tribally-owned fee land located within the exterior boundaries of the Standing Rock Indian Reservation may be sued for actual and punitive damages, attorneys fees and court costs;
(5) Any person who negligently or recklessly damages a paleontological resource located on trust land or Tribally-owned fee land located within the exterior boundaries of the Standing Rock Indian Reservation without a valid permit or permits may be sued for actual and punitive damages, attorneys fees and court costs; and
(6) Any person who knowingly trespasses on a paleontological resource site located on trust land or Tribally-owned fee land located within the exterior boundaries of the Standing Rock Indian Reservation without valid permit or permits may be sued for actual and punitive damages, attorneys' fees and court costs.
(b) Federal Statutes. Whoever removes or damages paleontology resources on trust land without authorization in the form of valid permit or permits may be prosecuted by the United States under one or more (the list is not exhaustive) of the following federal statutes:
(1) 18 U.S.C.A. § 641, Theft of Government Property (felony prosecution if the value of the property exceeds $1000).
(2) 18 U.S.C.A. § 1163, Embezzlement and Theft from Indian Tribal Organizations (felony prosecution if the value of the property exceeds $1000).
(3) 18 U.S.C.A. § 1361, Destruction of Government Property (felony prosecution if the damage exceeds $1000).
(c) Federal and State Statutes Applicable to Tribal Fee Land. Whoever removes or damages paleontology resources on Tribal fee land without authorization in the form of a permit may be prosecuted under one of the following federal and state statutes:
(1) 18 U.S.C.A. § 1163, Embezzlement and Theft from Indian Tribal Organizations (felony prosecution if the value of the property exceeds $1000).
(2) North Dakota Century Code Title 12.1-23.02, Theft of Property.
(3) South Dakota Codified Laws 22-30A-1, Theft, or 22-30A-17, Grand Theft, if the value of the property exceeds $1000.
Standing Rock Sioux Tribe Code of Justice § 38-1402, SRST COJ § 38-1402
Current through Dec. 1, 2010
SRST COJ § 38-1501
38-1501. Trespass On Paleontology Sites
SRST Code of Justice § 38-1501
Title XXXVIII. Paleontology
Chapter 15. Civil Proceedings ()
38-1501. Trespass On Paleontology Sites
Whoever knowing that he or she is not permitted or privileged to do so
(a) enters or remains in a paleontological resource site where notice against trespass is given by:
(1) actual communication to the defendant; or
(2) posting in a manner reasonably likely to come to the attention of intruders; or
(3) fencing or other enclosure manifestly designed to exclude intruders; or
(b) intentionally allows livestock to occupy or graze a fenced paleontology site is guilty of trespass.
The Tribal Court shall have the power and jurisdiction in a civil proceeding to prosecute any individual trespassing on a paleontology resource site without a valid permit. Whoever is convicted of trespass shall be subject to forfeiture of property as specified in XX-1403 of this Code and may be sued for actual and punitive damages, attorneys' fees and court costs, or both.
Standing Rock Sioux Tribe Code of Justice § 38-1501, SRST COJ § 38-1501
Current through Dec. 1, 2010
SRST COJ § 38-1502
38-1502. Liability
SRST Code of Justice § 38-1502
Title XXXVIII. Paleontology
Chapter 15. Civil Proceedings ()
38-1502. Liability
Any person removing, appropriating, excavating, injuring, disturbing, harming or destroying any paleontological resource on trust or fee lands subject to Tribal jurisdiction within the exterior bounds of the Standing Rock Indian Reservation or damages trust land in any of the aforementioned activities without authorization in the form of a valid permit(s) is subject to a civil proceeding in Tribal Court. Whoever is found guilty, by a preponderance of the evidence, of removing, appropriating, excavating, injuring, disturbing, harming or destroying any paleontological resource on trust land within the exterior bounds of the Standing Rock Indian Reservation or damaging trust land while engaged in any of the aforementioned activities without authorization in the form of a valid permit(s) by the preponderance of evidence shall be fined by the Court in an amount commensurate with the value of the paleontological resource and/or the damage to the property from which the resource was obtained. In addition, where appropriate, the Court may impose punitive damages and attorney fees and Court costs as deemed appropriate by the Court.
Standing Rock Sioux Tribe Code of Justice § 38-1502, SRST COJ § 38-1502
Current through Dec. 1, 2010
SRST COJ § 38-1503
38-1503. Forfeiture of Property
SRST Code of Justice § 38-1503
Title XXXVIII. Paleontology
Chapter 15. Civil Proceedings ()
38-1503. Forfeiture of Property
The Tribal Court shall have the power and jurisdiction to file a civil action in rem against any property, articles, items, or materials proven in any court of law to have been unlawfully obtained, used or held with intent unlawfully to use in violation of the Standing Rock Code of Justice.
In case it appears upon the sworn affidavit of the officer making the seizure that any articles seized were not in the possession of any person, and that the owner thereof is unknown, the court shall have the power and jurisdiction to forfeit such articles so seized upon a hearing duly held after service of summons describing the articles seized, upon the unknown owner by publication in any newspaper of general circulation in Corson and Sioux Counties. The summons shall run two consecutive weeks and shall give the owner fifteen (15) days from the date of the legal publication to appear before the court and contest the forfeiture.
Any property, articles, items, or materials seized under the provisions of this Code unless forfeited by order of the Court, shall be returned to the owner where the owner has been identified to the satisfaction of the Court, after completion of the case, and the fines and damages, if any, have been paid.
Any property, articles, items, or materials seized under the provisions of this Code that have been forfeited by order of the Court shall become the property of the Standing Rock Sioux Tribe.
Standing Rock Sioux Tribe Code of Justice § 38-1503, SRST COJ § 38-1503
Current through Dec. 1, 2010
SRST COJ § 38-1504
38-1504. Grazing Permits
SRST Code of Justice § 38-1504
Title XXXVIII. Paleontology
Chapter 15. Civil Proceedings ()
38-1504. Grazing Permits
The holder of a grazing permit on a range unit is specifically prohibited from removing, damaging or excavating any paleontological resource occurring within the bounds of that unit or allowing any other person to do so. If the permittee observes that the grazing unit has been used for any unlawful purpose in violation of this Code, the permittee shall immediately report this violation to the BIA and to the Tribe.
A grazing permit can be cancelled by the BIA pursuant to the procedures in 25 CFR §§ 166.703 through 166.707 if:
(a) The permittee has used, caused, or allowed to be used any part of the grazing unit for prohibited acts as defined in xx-1401 of this Code; or
(b) The permittee has failed to report violations of this Code to the BIA.
Standing Rock Sioux Tribe Code of Justice § 38-1504, SRST COJ § 38-1504
Current through Dec. 1, 2010
SRST COJ § 38-1505
38-1505. Agricultural Leases
SRST Code of Justice § 38-1505
Title XXXVIII. Paleontology
Chapter 15. Civil Proceedings ()
38-1505. Agricultural Leases
The holder of an agricultural lease is specifically prohibited from removing, damaging or excavating any paleontological resource occurring within the bounds of the leased area or allowing any other person to do so. If the holder of a lease observes that the leased area has been used for any unlawful purpose in violation of this Code, the permittee shall immediately report this violation to the BIA and to the Tribe.
An agricultural lease can be cancelled by the BIA pursuant to the procedures in 25 CFR §§ 162.250 through 162.256 if:
(a) The lessee has used, caused, or allowed to be used any part of the leased area for prohibited acts as defined in xx-1401 of this Code; or
(b) The lessee as failed to report violations of this Code that occurred on the leased area to the BIA.
Standing Rock Sioux Tribe Code of Justice § 38-1505, SRST COJ § 38-1505
Current through Dec. 1, 2010
SRST COJ § 38-1601
38-1601. Severability
SRST Code of Justice § 38-1601
Title XXXVIII. Paleontology
Chapter 16. Severability ()
38-1601. Severability
If any section or provision of this Code is held to be invalid, the remaining sections or provisions of this Code shall remain in full force and effect.
Standing Rock Sioux Tribe Code of Justice § 38-1601, SRST COJ § 38-1601
Current through Dec. 1, 2010
SRST COJ § 38-1602
38-1602. Repeal of Inconsistent Ordinances
SRST Code of Justice § 38-1602
Title XXXVIII. Paleontology
Chapter 16. Severability ()
38-1602. Repeal of Inconsistent Ordinances
All prior inconsistent ordinances or codes or portions thereof relating to paleontological resources, specifically sections of Title IX and Title XXXII are hereby repealed when this Code is approved and adopted by the Tribal Council.
Standing Rock Sioux Tribe Code of Justice § 38-1602, SRST COJ § 38-1602
Current through Dec. 1, 2010
SRST COJ § 38-1701
38-1701. Adoption
SRST Code of Justice § 38-1701
Title XXXVIII. Paleontology
Chapter 17. Adoption ()
38-1701. Adoption
The Paleontological Resource Code shall be adopted when approved by resolution by the Standing Rock Sioux Tribal Council. The approval resolution shall be attached hereto.
Standing Rock Sioux Tribe Code of Justice § 38-1701, SRST COJ § 38-1701
Current through Dec. 1, 2010
SRST COJ Res. No. 355-07
Resolution No. 355-07
SRST Code of Justice Res. No. 355-07
Title XXXVIII. Paleontology
Resolutions ()
Resolution No. 355-07
WHEREAS, the Standing Rock Sioux Tribe is an unincorporated Tribe of Indians, having accepted the Indian Reorganization Act of June 18, 1934, with the exception of Section 16; and the recognized governing body of the Tribe is known as the Standing Rock Sioux Tribal Council: and
WHEREAS, the Standing Rock Sioux Tribal Council, pursuant to the amended Constitution of the Standing Rock Sioux Tribe, Article IV, Section 1[a], 1[c], 1[h], and 1[j], is authorized to negotiate with Federal. State and local governments and others on behalf of the tribe; is further authorized to promote and protect the health, education and general welfare of the members of the Tribe; and
WHEREAS, paleontological resources have important educational, commercial and cultural values; and
WHEREAS, the Standing Rock Sioux Tribe seeks to protect and develop our paleontological resources for the benefit of the Tribe; and
WHEREAS, there is no federal code specifically governing paleontological resources: and
NOW THEREFORE BE IT RESOLVED that the Standing Rock Sioux Tribe approves the Paleontological Resource Code for inclusion in the Tribal Code of Justice; and
BE IT FURTHER RESOLVED, that the Chairman and Secretary of the Tribal Council are hereby authorized and instructed to sign this resolution for and on behalf of the Standing Rock Sioux Tribe.
CERTIFICATION
We, the undersigned, Chairman and Secretary of the Tribal Council do hereby certify that the Tribal Council is composed of [17] members, of whom 13 constituting a quorum, were present at a meeting, thereof, duly and regularly, called, noticed, convened and held on the 2nd day of AUGUST, 2007, and that the foregoing resolution was duly adopted by the affirmative vote of 12 members, with 0 opposing, and with 1 not voting. THE CHAIRMAN'S VOTE IS NOT REQUIRED, EXCEPT IN CASE OF A TIE.
DATED THIS 2nd DAY OF AUGUST, 2007
Standing Rock Sioux Tribe Code of Justice Res. No. 355-07, SRST COJ Res. No. 355-07
Current through Dec. 1, 2010