Tohono O'odham Code In-Depth Table of Contents

First Edition (2006)

Volume 1:

Introduction

Constitution: History. Related history. Preamble. Article 1. Jurisdiction [Sections 1-3]. Article 2. Membership [Sections 1-3]. Article 3. Rights of members [Sections 1-4]. Article 4. Form of government. Article 5. Legislative branch [Sections 1-6]. Article 6. Powers of the Tohono O'odham Council [Sections 1-3]. Article 7. Executive branch [Sections 1-5]. Article 8. Judicial branch [Sections 1-10]. Article 9. District council organization [Sections 1-7]. Article 10. Elections [Sections 1-7]. Article 11. Tenure of office [Sections 1-3]. Article 12. Absences and vacancies [Sections 1-2]. Article 13. Removal and recall [Sections 1-3]. Article 14. Referendum. Article 15. Initiative. Article 16. Land policy [Sections 1-10]. Article 17. Water policy [Sections 1-2]. Article 18. Environmental policy [Sections 1-2]. Article 19. Supremacy of Constitution. Article 20. Severability. Article 21. Repeal. Article 22. Amendments [Sections 1-2]. Article 23. Adoption. Article 24. Certificate of results of elections. Cover page.

Title 1. General provisions [reserved].

Title 2. Agriculture and livestock:

Ch. 1. Tohono O'odham Farming Authority, second restated plan of operation (1. Establishment; place of business. 2. Seal. 3. Purposes. 4. Management Board. 5. Indemnification of officers, employees and directors of the Management Board. 6. Farm management. 7. Capital; profit; distribution of profits. 8. Financial transactions; miscellaneous. 9. Immunity from suit. 10. Memorandum of agreement (“MOA";). 11. Dissolution and liquidation. [Adoption] Resolution No. 99-060.

Ch. 2. Rodeo and fair, Ordinance of the Papago Council No. 4 [authorizing The Papago Fair and Rodeo Association] (1. Name of association. 2. Management. 3. Power and duties of the Board of Directors. 4. Duties of association officers. 5. Meetings. 6. Amendment of Ordinance No. 3. 7. Revolving fund. 8. Authority for use of tribal funds. [Authorizing] Resolution No. 37-79. Resolution of the Tohono O'odham Legislative Council (authorization for use of proceeds and revenues derived from the Nation's Annual Rodeo and Fair, No. 98-026).

Ch. 3. Brand recording, Ordinance of the Papago Council, No. 22 [adoption of a tribal brand program] ([Sections 1-4]. 5. Brands and advertising period. 6. Tribal Brands Committee. 7. Meetings. 8. Duties of the Tribal Brands Committee. [Sections 9-11]. [Approval] Resolution of the Papago Council, No. 463).

Ch. 4. Dourine testing (Ordinance of the Papago Council No. 7 [authorizing horse testing]. [Approval] Resolution of the Papago Council No. 144).

Ch. 5. Livestock buyers permits / [licenses] (Ordinance of the Papago Council Nos. 35 and 36).

Ch. 6. Control of livestock; Livestock Board (Ordinance of the Papago Council, No. 12, to control the horse, mule, and burro population on the Papago and San Xavier Indian Reservation for the purpose of aiding in the eradication of dourine and preservation of the forage, the land, and the water resources. Ordinance of the Papago Council No. 23 [dourine quarantine]. Ordinance of the Papago Council No 6 [domestic sheep and goats]).

Title 3. Children:

Ch. 1. Children's code [of the Papago Tribe] (1. Definitions. 2. Jurisdiction of the Children's Court. 3. Court personnel. 4. Taking a child into custody. 5. Criteria for detention. 6. Detention hearing and shelter care. 7. Initiation of proceedings by petition. 8. Petition content. 9. Filing and dismissal of petition. 10. Summons; service. 11. Court intake. 12. Basic rights. 13. Discovery. 14. Indemnification procedures. 15. Transfer of jurisdiction to criminal court. 16. Adjudicatory hearing. 17. Dispositional hearing. 18. Disposition of child offender. 19. Disposition of a child in need of care. 20. Appeals. 21. Additional procedural matters. 22. Contempt of court. 23. Medical care and support for child. 24. Effect of proceedings. Sections 24-29. Reserved. 30. Who may be adopted. 31. Who may adopt. 32. Preadoption certification: investigation. 33. Consent to adoption: who shall adopt: waiver. 34. Consent to relinquishment or terminate parental rights. 35. Petition for adoption: contents. 36. Notice of hearing on petition for adoption: service. 37. Investigation and report. 38. Probationary period. 39. Hearing. 40. Court order. 41. Rights under adoption decree. 42. Withdrawal or denial of petition: custody. 43. Dismissal after death; exception. 44. Irregularities; curative period. Sections 45-49. Reserved. 50. Preferred right of parents. 51. Termination of parental rights. 52. Petition; who may file; grounds. 53. Contents of petition. 54. Termination of parental rights. 55. Order terminating parental rights. 56. Action of court after termination. 57. Rights of non-terminated parent. Sections 58-59. Reserved. 60. Records. 61. Law enforcement records. 62. Expungement. Sections 63-69. Reserved. 70. Child Protective Services. 71. Powers and duties. 72. Limitation of authority; duty to inform. 73. Immunity or participants: nonprivileged communications. 74. Duty to report abuse and neglect of children. Section 75-79. Reserved).

Ch. 2. Juvenile curfew, Ordinance No. 96-001 (Curfew violation. [Adoption] Ordinance No. 96-001).

Title 4. Civil actions:

Ch. 1. Civil actions: Title III. Civil actions, Ch. 1. Civil jurisdiction (1-101. Jurisdiction. 1-102. Tohono O'odham law. 1-103. Judgments in civil actions. 1-104. Costs in civil actions. 1-105. Payment of judgment from Individual Indian Money. 1-106. Immunity from suit. Resolution No. 92-425 [amendment]).

Ch. 2. Removal and exclusion of nonmembers, Ordinance of the Tohono O'odhan Legislative Council No. 97-02 (Removal and exclusion of non-members: 1.1. Persons subject to removal and exclusion; 1.2. Reporting of criminal acts 1.3. Grounds for removal and exclusion; 1.4. Procedure; 1.5. Hearing; 1.6. Enforcement of exclusion order; 1.7. Emergencies; 1.8. Repeal of prior conflicting laws and ordinances; 1.9. Banishment of members is not prohibited. [Approval] Resolution No. 97-087).

Title 5. Commerce:

Ch. 1. Business transactions, Ordinance of the Papago Council, No. 14, to regulate the conduct of businesses on the Papago Reservations (1. License required. 2. License not required. 3. Application for license. 4. Approval of licenses. 5. License fees. 6. Termination of licenses. 7. Sanitation. 8. Disposition of revenues. 9. [Rescinded laws]. 10. Effective date. 11. Definitions).

Ch. 2. Photographing permits Ordinance of the Papago Council No. 34.

Ch. 3. Traders licensing, Ordinance No. 3 (1. License required. 2. Application for license. 3. Issuance of licenses. 4. Payment of license fees. 5. Complying with laws and regulations. 6. Termination of licenses. 7. Transfer of license. 8. Disposition of funds).

Title 6. Courts:

Ch. 1. Courts and procedures (Ch. 1. Tohono O'odhan judiciary: 1-101. Judicial branch; 1-102. Division of trial courts; 1-103. Judges; 1-104. Duties/jurisdiction; 1-105. Chief Judge; 1-106. Rules of court, practice and procedure. Ch. 2. Judicial officers and personnel: 2-101. Appointment and removal of pro tempore judges; 2-102. Assignment of work to pro tempore judges; 2-103. Qualifications of pro tempore judges; 2-104. Term of office of pro tempore judges; 2-105. Compensation for a pro tempore judge; 2-106. Powers and duties of pro tempore judges; 2-107. Court commissioners, masters and referees; 2-108. Qualifications; powers; compensation of court commissioners; 2-109. Clerk of the Court; 2-110. Powers, duties; bond of Clerk of the Court; 2-111. Bailiff; 2-112. Fees received by Clerk of the Court; 2-113. Exemption of government agencies; 2-114. Civil cases; 2-115. Cost in the courts of the Tohono O'odham judiciary; 2-116. Probation officers; 2-117. Powers and duties; 2-118. Judicial employees; [Designation] Ordinance No. 01-89).

Ch. 2. Papago tribal courts, Law and order code of the Papago Tribe of the Gila Bend, San Xavier Sells Papago Reservation (Application of ordinances. Ch. 1. Papago tribal courts: 1. Jurisdiction; 2. Appointment of judges; 3. Removal of judges; 4. Court procedure; 5. District courts; 6. Appellate proceedings; 7. Juries; 8. Witnesses; 9. Professional attorneys; 10. Clerks; 11. Records; 12. Copies of laws; 13. Complaints; 14. Warrants to apprehend; 15. Arrests; 16. Search warrants; 17. Commitments; 18. Bail or bond; 19. Definition of signature; 20. Definition of Tribal Council; 21. Relations with the court; Adoption of law and order code. [Amendment] Ordinance No. 05-83).

Ch. 3. Rules of Court,

Article 1. [Documents related to] Administrative Order No. 3; Rules of Court [adopting Arizona Rules of Civil Procedure, Rules of Criminal procedure, Rules of Procedure in Traffic Cases, Rules of Procedure in Civil Traffic Violation Cases, and Rules of Procedure for the Juvenile Court].

Article 2. Tohono O'odham Court rules of appellate procedures (Ch. 1. Judicial review: 1. Scope of rules; tribal rules primary; no diminishment of tribal sovereignty; 2. Jurisdiction; composition of the Court; Chief Judge; panels; judge's duties; 3. Authority of appellate court; matters which may be reviewed; advisory opinions; 4. Determining tribal law; determining questions of law other than tribal law; 5. Scope of or limitations on review; 6. Definitions; 7. Attorneys, counselors and advocates; admission to practice in the Court of Appeals; ethics code; conflict of interest; suspension or disbarment; withdrawing from representing a client; 8. Suspension or extension of required time schedules; 9. Computation of time; 10. Pleadings; informality; handwritten; place of filing; copies; service of process; notice of service; filing; Appellate Court; 11. Fees; required payment; 12. Notice of appeal; where to file; timeliness; consolidated appeals; contents; parties; service; notice to Court of Appeals; death of party; counsel appointment; jurisdictional challenges; parties joining; 13. Acceptance or denial of appeal because of jurisdiction. 14. Interlocutory appeal; request for permission to file; timeliness. 15. Acceptance of interlocutory appeal; procedure; timeliness. 16. Certification of the record; duty of lower court; duty of appellate Chief Judge; parties to receive copy of certification; 17. Record for appeal; contents; transcription of audio recordings; 18. Appeal with no record; duty of parties and lower court to develop record; 19. Inadequate record; 20. Stay of judgment or injunction pending appeal; motion; appellate court motion. 21. Released pending appeal of the conviction; procedure; appellate court motion; 22. Reconsideration of decision to dismiss appeal; procedure; finality; 23. Writs of mandamus and prohibition; contents of petition; procedure; time limits; denial without action; 24. Writ of habeas corpus; contents of petition; procedure; time limits; denial without action; 25. Motion; where filed; contents; proof certification of service; responses; emergencies; 26. Filing of serving briefs; schedule; failure to file; 27. Form and content of briefs; pro se parties; 28. Pre-hearing conference and order. 29. Request oral argument; when allowed; withdrawal of request; order; 30. Oral argument hearing; notice; request for postponement or additional time; telephone conference; procedure; failure to appear; 31. Decision; content and form of judgment; 32. Entry of judgment; 33. Interest on money judgments; 34. Costs of appeal; request for costs; 35. Petition for rehearing; contents of petition; procedure; 36. Voluntary dismissal; stipulation; motion; 37. Substitution of personal representative for a party; 38. Severability; 39. Rules by Court of Appeals; 40. Facsimile; transmission of documents; responsibility of transmitting party; hard copy required; Administrative order No. 04-03).

Article 3. Judicial review of administrative decisions ([Ch. 2 of Tohono O'odham Court Rules of Appellate Procedure] : 1. Definitions; 2. Scope of article; 3. Power of Tohono O'odham Court of Appeals to make procedural rules; 4. Commencement of action; transmission of record; 5. Jurisdiction and venue; 6. Service of process; 7. Appearance of defendant and answer; 8. Parties; 9. Pleadings and record on review; 10. Scope of review; 11. Powers of Trial Court; 12. Costs; 13. Appellate review; 14. Tohono O'odham Court of Appeals; Administrative order case No. 01-02).

Article 4. Canons of conduct for judges of the Tohono O'odham Nation (1. Preamble. 2. Definitions. 3. Canons of conduct. 4. Discipline and removal of a judge).

Article 5. Code of ethics for attorneys and advocates practicing in the courts of the Tohono O'odham Nation (1. Competence. 2. Scope of representation. 3. Diligence. 4. Communication. 5. Fees. 6. Confidentiality of information. 7. Conflict of interest. 8. Client under disability. 9. Safekeeping property. 10. Declining or terminating representation. 11. Advice and meritorious claims. 12. Expediting litigation. 13. Honesty toward the courts of the Tohono O'odham Nation. 14. Fairness to opposing party. 15. Impartiality and decorum of the Tohono O'odham Nation's courts. 16. Conduct before the Tohono O'odham Nation's courts. 17. Attorney as witness. 18. Special responsibilities of a prosecutor. 19. Communication with person represented by counsel. 20. Communications concerning an attorney's services. 21. Soliciting clients).

Article 6. Rules governing admission to practice in the Tohono O'odham courts (Purpose. 1. General requirements. 2. Competency requirements. 3. Character requirements. 4. Application process. 5. Confidentiality. 6. Oath. 7. Disciplinary action. 8. Petition for reinstatement. 9. Duty to apprise the court. Administrative order No. 03-05 [revisions]).

Article 7. Recognition and enforcement of foreign judgments (Ch. 1. Purpose and definitions. Ch. 2. Judgments that may be recognized. Ch. 3. Registration and enforcement of a foreign judgment).

Title 7. Crimes:

Ch. 1. Criminal code (Ch. 1. General provisions: 1.1. Criminal offenses; 1.2. Responsibility for enforcement; 1.3. Authority to enter into cooperative agreements; 1.4. Criminal jurisdiction; 1.5. Statutes of limitations; 1.6. Criminal responsibility; 1.7. Mental disease or defect; 1.8. Intoxication; 1.9. Complicity; 1.10. Affirmative defenses; 1.11. Penalties and remedies; 1.12. Credit for confinement; 1.13. Work credit; 1.14. Return to surety; 1.15. Detention; 1.16. Definitions; 1.17. Forfeiture; 1.18. Impoundment; Sections 1.19-1.50. Reserved. Ch. 2. Interference with the administration of justice and related offenses: 2.1. Disobedience to a court order; 2.2. Criminal contempt of court; 2.3. Perjury; 2.4. Tampering with physical evidence; 2.5. Influencing a witness or juror; 2.6. Misconduct by a juror; 2.7. Bribery; 2.8. Accepting a bribe; 2.9. Interfering with a police officer; 2.10. Refusing to aid a police officer; 2.11. Resisting lawful arrest; 2.12. Escape from lawful custody; 2.13. Aiding another to escape; 2.14. Abuse of office; 2.15. Probation violation; 2.16. Parole violation; 2.17. Failure to pay fine; 2.18. Malicious prosecution; 2.19. False arrest; 2.20. Refusal of a police officer to arrest or receive a suspect; 2.21. Willful delay in taking an accused before a judge; 2.22-2.25. Reserved. Ch. 3. Offenses against public peace, order, welfare and administration: 3.1. Public nuisance; 3.2. Unlawful assembly; 3.3. Joyriding; 3.4. Criminal trespass; 3.5. Disturbing the peace; 3.6. Disorderly conduct; 3.7. Abuse of religious sites, shrines, objects or burial sites; 3.8. Abuse of human corpse; 3.9. Cruelty of animals; 3.10. Contempt upon the flag; 3.11. Dueling; 3.12. Loitering around a school; 3.13-3.20. Reserved. Ch. 4. Offenses involving care and protection of public property: 4.1. Unlawful burning of timber; 4.2. Unauthorized hay or pasture cutting; 4.3. Unlawful sale of timber; 4.4. Careless handling of the camp fire; 4.5. Unlawful cutting of a fence; 4.6-4.10. Reserved. Ch. 5. Offenses against property: 5.1. Criminal damage to public property; 5.2. Criminal damage to private/personal property; 5.3. Arson; 5.4. Burglary; 5.5. Robbery; 5.6. Armed robbery; 5.7. Theft; 5.8. Receiving illegally obtained property; 5.9. Unlawful taking of papers/documents of the Nation; 5.10. Malicious mischief; 5.11. Removal or destruction of antiques; 5.12. Poisoning animals; 5.13-5.20. Reserved. Ch. 6. Preparatory offenses: 6.1. Criminal attempt; 6.2. Conspiracy; 6.3. Solicitation; 6.4. Aiding and abetting; 6.5-6.10. Reserved. Ch. 7. Offenses against persons: 7.1. Assault; 7.2. Aggravated assault; 7.3. Threatening; 7.4. Kidnapping; 7.5. Custodial interference; 7.6. Abducting; 7.7. Seduction; 7.8. Unlawful abortion; 7.9. Adding poison or harmful substance to food, drink or medication; 7.10-7.20. Reserved. Ch. 8. Offenses against the family: 8.1. Abandonment of child; 8.2. Adultery; 8.3. Bigamy; 8.4. Abuse of a person; 8.5. Contributing to the delinquency of a minor; 8.6. Failure to send a minor to school; 8.7. Endangering the welfare of a minor; 8.8. Nonsupport; 8.9. Domestic violence; arrest and procedure; 8.10. Order of protection; arrest for violation; 8.11-8.50. Reserved. Ch. 9. Sexual and related offenses: 9.1. Sexual assault; 9.2. Sexual abuse; 9.3. Sexual conduct with a minor (statutory rape); 9.4. Incest; 9.5. Indecent exposure; 9.6. Child molesting; 9.7. Prostitution; 9.8. Soliciting for prostitution; 9.9. Patronizing a prostitute; 9.10. Receiving the proceeds of prostitution; 9.11. Causing or taking a child for purposes of prostitution; 9.12. Possession of obscene materials; 9.13. Furnishing obscene material to minors; 9.14. Seizure of obscene materials; 9.15-9.20. Reserved. Ch. 10. Offenses involving fraud and related offenses: 10.1. Forgery; 10.2. Criminal fraud; 10.3. Passing bad checks; 10.4. Embezzlement; 10.5. Shoplifting; 10.6. Extortion; 10.7. Slander; 10.8. Criminal libel; 10.9-10.15. Reserved. Ch. 11. Livestock offenses: 11.1. Unlawful transporting of livestock; 11.2. Unlawful alteration of certificate of inspection; 11.3. Unlawful substitution of animals; 11.4. Unlawful altering of a brand; 11.5. Unlawful altering of a recorded brand or mark; 11.6. Unlawful sale of livestock; 11.7. Unlawful purchase of livestock; 11.8. Allowing domesticated animals to roam or feed; 11.9. Use of unrecorded brand; 11.10. Unlawful branding (rustling); 11.11. Unlawful handling of livestock; 11.12. Allowing livestock to roam in restricted area; 11.13. Failure to brand livestock; 11.14. Unlawful possession of livestock; 11.15. Harboring stray livestock; 11.16-11.20. Reserved. Ch. 12. Offenses involving liquor: 12.1. Possession of the sale (bootlegging); 12.2. Public intoxication; 12.3. Under age possession of liquor; 12.4. Unlawful possession of liquor; 12.5. Unlawful transporting of liquor; 12.6-12.10. Reserved. Ch. 13. Offenses involving drugs or controlled substances: 13.1. Unlawful possession of marijuana (less than 1 1/2 ounces); 13.2. Unlawful possession of marijuana (more than 1 1/2 ounces but less than 16 ounces); 13.3. Unlawful possession of marijuana with intent to deliver for sale; 13.4. Unlawful production or manufacture of marijuana; 13.5. Unlawful delivery to a minor; 13.6. Unlawful delivery or furnishing of narcotic drug or controlled substances; 13.7. Unlawful possession or sale of narcotic drug; controlled substance or prescription-only drug; 13.8. Inhaling toxic vapors; 13.9. Unlawful delivery or furnishing of a substance for purposes of inhaling vapors or fumes; 13.10. Furnishing tobacco to a minor; 13.11-13.50. Reserved. Ch. 14. Offenses involving weapons or explosives: 14.1. Misuse of a weapon and/or a dangerous instrument; 14.2. Unlawful possession of explosives; 14.3. Unlawful depositing or exploding of explosives; 14.4. Forfeiture of weapons and explosives; 14.5-14.10. Reserved. Ch. 15. Gambling and related offenses: 15.1. Conducting of game of chance; 15.2. Unlawful gambling; 15.3. Unlawful lottery or raffle; 15.4-15.10. Reserved. Ch. 16. Offenses involving public utilities: 16.1. Destruction of telephone apparatus; 16.2. Preventative use of telephone in emergency; 16.3. Obstructing a water line; 16.4. Interference with transmission of electrical current; 16.5. Tapping water, gas or electrical line; 16.6-16.10. Reserved. [Correspondence]. [Adoption] Resolution No. 107-88. Memorandum re: criminal code and livestock ordinance. Resolution No. 05-662 enacting 1.22. Severability, 3.13. Unlawful transporting of illegal alien(s), and 3.14. Unlawful harboring of illegal alien(s). Resolution No. 05-664 enacting 1.21. Savings clause, 2.23. Refusal to provide chemical evidence, and 13.12. Driving under the influence).

Ch. 2. Extradition ordinance No. 03-02, Article 1. General provisions (1.1. Definitions. 1.2. Non-waiver by the Nation. 1.3. Scope. 1.4. Applicability of other law). Article 2. Procedures prior to extradition (2.1. Issuance of arrest warrant prior to receipt of demand. 2.2. Demand for extradition. 2.3. Supporting documentation. 2.4. Extradition of persons in custody or awaiting trial. 2.5. Nation's warrant). Article 3. Extradition proceedings (3.1. Rights of demanded person; initial appearance. 3.2. Extradition hearing). Article 4. Transfer of custody (4.1. Order to transfer custody. 4.2. Cost of return. 4.3. Payment of transportation and subsistence costs). Article 5. Extradition of juveniles; transfer to United States (5.1. Extradition of juveniles. 5.2. In custody transfers to the United States). Article 6. Severability (6.1. Severability. [Enacting] ordinance No. 03-205).

Ch. 3. Sex offender registration and notification, Ordinance No. 2000-02.

Title 8. Culture:

Ch. 1. Archaeological resources protection, Ordinance of the Papago Council, No. 06-84 (1. Short title. 2. Interpretation. 3. Definitions. 4. Prohibited acts. 5. Permit, exemptions. 6. Application for permits. 7. Issuance of permit. 8. Terms and conditions of permits. 9. Suspension, revocation and termination of permits. 10. Appeals relating to permits. 11. Custody and ownership of resources. 12. Disposition of human remains. Certification).

Title 9. Domestic relations:

Ch. 1. Domestic relations [Papago Law and order Code, Ch. 3] (1. Recording of marriages and divorces. 2. Who may solemnize. 3. Minimum age at which persons may marry; exception pregnancy. 4. Marriage without license. 5. Consent of parents. 6. License and return of persons solemnizing to be recorded. 7. Prohibited and void marriages. 8. Witnesses; certificates only recognized. 9. Ceremonial marriage only recognized. 10. Annulment of marriage. 11. Divorce; venue of action grounds. 12. Legitimacy of children not affected; may remarry after decree of divorce is granted. 13. Permanent alimony; custody of children; costs; changing name. 14. Modification of judgment affecting alimony and children. 15. Determination of paternity and support. 16. Determination of heirs. 17. Approval of wills. 18. Adoption of minors. 19. Non-compliance with code. Resolution No. 05-430 repealing ban on interracial marriages.

Title 10. Economic development:

Ch. 1. Economic Development Authority, amended and restated charter and plan of operation (1. Establishment. 2. Definitions. 3. Place of business. 4. Purposes. 5. Board of Directors. 6. Operations. 7. Equity investments; capital expenditures; distributions. 8. Immunity from suit. 9. Dissolution and liquidation. [Authorizing] Resolution No. 06-092).

Ch. 2. Charter Community Development Financial Institution of the Tohono O'odham Nation (Article 1. Establishment. Article 2. Definitions: [Sections] 2.1-2.8. Article 3. Place of business. Article 4. Purposes. Article 5. The Board: 5.1. Voting membership; 5.2. Removal, resignation and vacancies; 5.3. Meetings of the Board; 5.4. Powers and duties; 5.5. Loan policy notice and comment. Article 6. Officers and key employees: 6.1. Officers, powers and duties; 6.2. Chief Executive Officer; initial Chief Executive Officer. Article 7. Operations: 7.1. Fiscal year; 7.2. Contracts; 7.3. Checks; drafts; and other financial instruments; 7.4. Deposits; 7.5. Accounting; 7.6. Records; inspection; audits; 7.7. Budgets; 7.8. Operating plan; 7.9. Insurance; 7.10. Indemnification; 7.11. Indian preference in employment and contracting. Article 8. Equity investments; capital expenditures; distributions: 8.1. Equity investments by the EDA [Economic Development Authority] and the Nation; 8.2. Capital expenditures; 8.3. Distributions. Article 9. Immunity from suit: 9.1. CDFI [Community Development Financial Institution] immune from suit; 9.2. Limited waiver of immunity; 9.3. Section strictly construed; 9.4. No limitation on federal government. Article 10. Dissolution and liquidation: 10.1. Dissolution by the Legislative Council; 10.2. Powers and duties of the Board; 10.3. Notice of dissolution; 10.4. Dissolution. Article 11. Statutory agent. [Adoption] Resolution No. 04-103).

Title 11. Education:

Ch. 1. Tohono O'odham Community College, Charter, Ordinance No. 98- 01 (Article 1. Name, purposes, location and place of business, initial designated agent: 1.1. Name; 1.2. Purpose; 1.3. Location and place of business; 1.4. Initial designated agent. Article 2. Mission: [Section] 2.1; 2.2. Ancillary. Article 3. Seal: [Section] 3.1. Article 4. Board of Trustees: 4.1. Powers. 4.2. Direction of purposes and exercise of powers by the Board of Trustees; 4.3. Enumerated powers; 4.4. Ancillary powers; 4.5. No construction of powers as purposes; 4.6. Membership: composition, appointment, number, qualifications, term of office, removal; 4.7. Meetings, voting; 4.8. Motions, minutes, and records; 4.9. [Not used]; 4.10. Action by consent. Article 5. Principal officers of the Board: 5.1. Number; 5.2. General duties. Article 6. Administrators of the College: 6.1. Administrators of the College; [Section] 6.2; 6.3. Terms of employment; 6.4. President, functions, duties; 6.5. Vice president(s); 6.6. Chief Financial Officer; 6.7. Other administrators. Article 7. Grants, contracts, check, drafts, bank accounts, insurance, voting of securities, miscellaneous: 7.1. Grants; 7.2. Execution of contracts; 7.3. Loans; 7.4. Checks, drafts, etc.; 7.5. Bank accounts; 7.6. Deposits; 7.7. Insurance; 7.8. Voting of securities held by the College; 7.9. Gifts; 7.10. Indian preference in employment and contracting. Article 8. Compensation of Officer and Board of Trustees: 8.1. Compensation of Officers; 8.2. Compensation of Trustees. Article 9. Books and records, financial transactions, miscellaneous: 9.1. Books and records; 9.2. Fiscal year; 9.3. Inventories; 9.4. Budgets. Article 10. Liability and indemnification: 10.1. Liability and indemnification. Article 11. Amendments of Charter: 11.1. Amendments by Board of Trustees; 11.2. Change of place of annual meeting. Article 12. Dissolution and liquidation: 12.1. Dissolution by Legislative Council; 12.2. Powers and duties of Management Board; 12.3. Notice of dissolution; 12.4. Dissolution. [Approval] Resolution No. 98-006).

Ch. 2. School age attendance, Ordinance of the Papago Council No 33 and Resolution of Papago Council No. 773 [compulsory school attendance]).

Ch. 3. Bylaws of the Tohono O'odham Nation Youth Council (Article 1. Name. Article 2. Purpose: [Sections 1-7]. Article 3. Membership: [Sections 1-4]. Article 4. Duties: [Sections 1-5]. Article 5. Liberties: 1. Tenure; 2. Voting; 3. Resignation; 4. Removal. Article 6. Executive Committee: 1. Duties and responsibilities. Article 7. Nominations: [Sections 1-5]. Article 8. Election of officers: [Sections 1-3]. Article 9. Vacancies: [Sections 1-2]. Article 10. Meetings: [Sections 1-6]. Article 11. Amendments: [Sections 1-2]. [Approval] Resolution No. 06-053).

Title 12. Elections:

Ch. 1. Uniform election ordinance, No. 03-86 (Statement of purpose. Article 1. Title: 1. Short title. Article 2. Election Board: 1. Members; compensation; quorum; 2. Powers of Election Board. Article 3: Voters (1. Eligibility; registration; 2. Appeals. Article 4. Legislative branch: 1. Membership of the Tohono O'odham Council; 2. District votes; 3. Council officers; 4. Other officers; 5. Council representatives and alternates. Article 5. Executive branch: 1. Chairman and Vice Chairman of Tohono O'odham Nation; 2. Qualifications of candidates; 3. Term of office and vacancies; 4. Limitations in offices and employment; 5. Election of Chairman and Vice Chairman. Article 6. District councils: 1. District councils; membership; 2. District Chairman and Vice Chairman; 3. District representatives and alternates; 4. Other district officers; 5. Ex-officio members. Article 7. General and primary elections: 1. Duties of the Election Board; 2. General elections; 3. Primary elections; 4. Polling places; 5. Hours of voting; 6. Conduct of election. Article 8. Contest of election results: 1. Grounds for contest; 2. Board to hear; exception; 3. Contest statement; 4. Contest procedure; 5. Alternative contest procedure; 6. Costs and expenses; 7. Finality. Article 9. Removal from office: 1. Automatic removal; 2. Removal upon accusation. Article 10. Recall from office: 1. Officers subject to recall; number of petitioners; 2. Recall petition; limitations; subsequent petition; 3. Application for recall petition; 4. Recall petition; submission for verification; non-acceptance; 5. Form of petition; 6. Signatures and verification; 7. Prohibition on circulating of petitions by certain persons; 8. Signing recall petition for profit or unlawfully; 9. Certification and disposition of petition; 10. Judicial review; 11. Notice to officer; statement of defense; 12. Resignation; 13. Order for special recall election; 14. Form and content of ballot; 15. General election laws applicable; 16. Election results. Article 11. Vacancy in office: 1. Vacancy defined; 2. Notice of vacancy in office. 3. Resignation; 4. Term of office; 5. Limitation in offices; 6. Filling of vacancies. Article 12. Initiative and referendum: 1. Referendum petition; 2. Initiative petition; 3. Number for petition; 4. Signatures and verification; 5. Prohibition on circulating of petitions by certain persons; 6. Unlawful acts; 7. Submission of petition for verification, non-acceptance, certification and disposition of petition; 8. Judicial review; 9. Call for special election; 10. Publicity pamphlet; distribution; 11. Arguments on measures; costs; 12. Form of ballot; 13. General election laws applicable, election results. Article 13. Penal provisions: 1. Public dances; 2. Bribery of electors; 3. Coercion of elector; 4. Intimidation of employees by employer; 5. Interference with or corruption of Election Officer; 6. Violation of duty by Election Officers; 7. Illegal registration; illegal voting; 8. Coercion or intimidation of elector; 9. Additional unlawful acts; 10. Penalties; 11. Jurisdiction. Articles 14-18 [Not used]. Article 19. Miscellaneous: 1. Repeal of prior conflicting ordinances and resolutions; 2. Civil rights. Certification. Schedule of representatives [not included in this copy].

Title 13. Employment:

Ch. 1. Employment rights, Ordinance of the Papago Council, No. 01-85, Papago employment rights ordinance (1. Declaration of policy. 2. Definitions. 3. Indian preference in employment. 4. Indian preference in contracting. 5. Unions. 6. Commission: members; compensation; quorum. 7. Powers of the Commission. 8. Director; qualifications; staff; duties. 9. Delegation of authority. 10. Intergovernmental relationships. 11. Employment rights fee. 12. Investigations. 13. Power to require testimony and production of records. 14. Compulsory testimony; privilege against self-incrimination. 15. Enforcement procedure; appeals. 16. Confiscation and sale. 17. “Court jurisdiction over non-Indians"; and availability of other tribal laws and procedures. [Amendment] Resolution No. 02-390.

Title 14. Enrollment:

Ch. 1. Ordinance of the Tohono O'odhan Nation (enrollment) (Statement of purpose. Article 1. Title and definitions: 1. Short title; 2. Definition of terms. Article 2. Enrollment Committee: 1. Enrollment Committee; members; appointment; term; compensation; 2. General duties and powers of the Enrollment Committee. Article 3. Filing membership applications: 1. Membership applications for enrollment and to be filed with Enrollment Committee; 2. Sponsoring membership applications on behalf of another person; 3. Applications to be numbered and dated. Article 4. Filing applications for adoption and determination of blood degree: 1. Application for adoption and determination of what degree to the filed with Enrollment Committee; 2. Sponsoring applications for adoption and determination of blood degree; 3. Adoption applications to be numbered and dated. Article 5. Processing determinations of blood degree: 1. Enrollment Committee shall make preliminary determinations of blood degree; 2. Notice of hearing of preliminary determination of blood degree; 3. Enrollment Committee shall make final determination of blood degree; 4. Evidence in determinations of degree of blood of illegitimate children; 5. Appeal from final determinations of or ascription of blood degree by Enrollment Committee; 6. Report to Council and Secretary of the Interior. Article 6. Processing membership applications by Enrollment Committee: 1. Enrollment Committee shall review membership applications and make recommendations to the Council; 2. Notice of hearing to be given when membership application is being recommended or considered for rejection. Article 7. Processing adoption application by Enrollment Committee: 1. Enrollment Committee shall review adoption application and make recommendations to Council. Article 8. Final determination of eligibility for enrollment or adoption: 1. Council shall determine applicant's eligibility for enrollment or adoption; 2. Notice of Council's determination; 3. Appeal from final determination rejecting enrollment application. Article 9. Relinquishment and loss of membership: 1. Relinquishment of membership; 2. Loss or abandonment of membership. Article 10. Miscellaneous; certified copies; penalties: 1. List of applicant's names to be provided Superintendent; 2. Membership roll; 3. Membership roll to be kept current; 4. Certified copies of enrollment records; 5. Penalties; 6. Effective dates-multiple applications; 7 Repeal of prior conflicting ordinances and resolutions. Resolution of the Papago Council amending Papago Enrollment Ordinance, Res. No. 213-84. Resolution of the Tohono O'odhan Council amending Enrollment Ordinance, Res. No. 262-86. Resolution of the Tohono O'odhan Legislative Council amending enrollment ordinance regarding Enrollment Committee, Res. No. 91-514. Resolution of the Tohono O'odhan Legislative Council amending enrollment ordinance No. 5-81, article 9. Relinquishment and loss of membership, Res. No. 02-460.

Title 15. Environment:

Ch. 1. The Tohono O'odham solid waste management code (Ch. 1. Short title, findings and purpose: 101. Short title; 102. Legislative findings; 103. Purpose; 104. Applicability of this code. Ch. 2. Definitions: 201. Definitions. Ch. 3. Solid Waste Regulatory Office: 301. Establishment of the Solid Waste Regulatory Office; 302. Powers and duties of the Solid Waste Regulatory Office; 303. Regulations issued by the Solid Waste Regulatory Office; 304. Solid waste landfill regulations (Part 258). Ch. 4. Solid Waste Management Program:401. Establishment of the Solid Waste Management Program; 402. Duties of the Solid Waste Management Program; 403. Authorization to establish recycling and household hazardous waste projects. Ch. 5. Solid waste management plan: 501. Adoption of a solid waste management plan; 502. Applicability of the plan. Ch. 6. Prohibited activity: 601. Prohibited activity; 602. Exemption; 603. Responsibility for storage, disposal and transportation of solid waste and hazardous waste; 604. Use of solid waste bins; 605. Household hazardous waste. Ch. 7. Enforcement and penalties: 701. Enforcement; 702. Penalties; 703. Environmental Trust Fund. Ch. 8. Closure of open dumps: 801. Timetable for closure; 802. Closure standards. Ch. 9. Permits for collection, transportation and landfill operation: 901. Collection and transportation; 902. Landfill operation; 903. Administrative orders; 904. Judicial review. Ch. 10. Sovereign immunity and private right of action: 1001. Limited waiver of sovereign immunity; 1002. Private right of action; 1003. Restriction; 1004. Statute of limitation; 1005. Intervention. Ch. 11. Exclusion of liability and indemnification: 1101. Exclusion of liability and indemnification. Ch. 12. Amendment, severability, and repeal of prior and inconsistent legislation: 1201. Amendment; 1202. Severability. 1203. Repeal of prior and inconsistent legislation. Ch. 13. Effective date: 1301. Effective date. Note. [Adopting] Resolution No. 97-041. [Amendment] Resolution No. 97-439. [Adopting and amendment] Resolution No. 2000-194).

Ch. 2. Formation of the Soil and Water Conservation District, Ordinance of the Tohono Legislative Council No. 02-86 (1. Declaration of policy. 2. Soil and Water Conservation District (“SWCD";). 3. SWCD Board of Directors: appointment: vacancy: advisory members. 4. Organization of the SWCD Board. 5. Power and duties of the SWCD Board. 6. Power of the SWCD. 7. Limitation of powers. 8. Cooperation with other conservation districts).

Ch. 3. Tohono O'odhan Nation, Environmental Protection Agency, Department of Public Safety, Pesticide Prevention Program, interim pesticide protocol (1. Applicator requirements. 2. Duty to notify. 3. Notification. 4. Contact information. 5. Observations. 6. Effective date. 7. Definitions. Pre-treatment notification form. Pesticide application observation form. Structural pest control observation form. [Adopting] Resolution No. 02-558. [Amending] Resolution No. 02-559).

Ch. 4. Cactus removal, Ordinance No. 1.

Ch. 5. Rock, shrub, and plant removal, Ordinance of the Papago Council No. 31.

Ch. 6. Woodcutting, Ordinance of the Papago Council No. 16.

Volume 2:

Title 16. Gaming:

Ch. 1. Ordinance for the regulation of gaming activities within the Tohono O'odhan Nation, No. 93-01 (Ch. 1. Findings and purposes: 101. Legislative findings; 102. Purposes. Ch. 2. Definitions: 201. Definitions. Ch. 3. Tribal ownership and use of net revenues: 301. Tribal ownership of gaming activities; 302. Use of net revenues. Ch. 4. Tohono O'odham Gaming Office: 401. Establishment of the Gaming Office; 402. Personnel; 403. Powers and duties of the Gaming Office; 404. Issuance of regulations; 405. Petition for self-regulation. Ch. 5. Gaming facility operator's license: 501. Requirement of license; 502. Standards of suitability. Ch. 6. Gaming managers license: 601. Requirement of license; 602. Standards of suitability. Ch. 7. Licenses for gaming device manufacturers, distributors, suppliers of gaming services, and financers: 701. Requirement of license; 702. Standards of suitability. Ch. 8. Gaming employee's license: 801. Requirement of license; 802. Standards of suitability. Ch. 9. License application procedure: 901. Application requirements; processing; 902. Fees; 903. License terms; renewal; 904. State certification. Ch. 10. Background investigations; notifications: 1001. Background investigations; 1002. Notification to the National Indian Gaming Commission. Ch. 11. Gaming facility license: 1101. Requirement of license; 1102. Standards for issuance of license; 1103. Application for a new or amended license; procedure; 1104. Fees; 1105. License terms; renewal. Ch. 12. Facility inspection; investigation; notice of violation; judicial review: 1201. Facility inspection; 1202. Investigations; 1203. Notice of violation; 1204. Judicial review. Ch. 13. Gaming operation: 1301. Scope of permissible gaming; 1302. Hours, days, other standards; 1303. Employee and player age limit; 1304. Management; security; 1305. Internal controls; 1306. Notification; 1307. Annual independent audit; 1308. Public disclosure of payoffs; 1309. Patron disputes; 1310. Play by employees; 1311. Financial services at gaming facilities; 1312. Advertising guidelines. Ch. 14. Violations and remedies: 1401. Violations; 1402. Civil penalties; 1403. Civil remedies. Ch. 15. Transition provisions: 1501. Existing games lawful; 1502. Repeal of prior ordinances and resolutions. Ch. 16. Amendments: 1601. Amendments. [Enacting] Resolution No. 93-296. [Amending] Resolution No. 97-150. [Amending] Resolution No. 97-168. [Amending] Resolution No. 97-303. [Amending] Resolution No. 99-206 [and approving minimum internal control standards for compliance with regulations of the National Indian Gaming Commission]. [Amending] Resolution No. 03-084).

Ch. 2. Tohono O'odham Gaming Enterprise charter (1. Establishment and powers. 2. Definitions. 3. Place of business. 4. Purposes. 5. Management Board. 6. Operations. 7. Nation's investment; capital expenditures; distributions. 8. Immunity from suit. 9. Dissolution and liquidation. [Adopting] Resolution No. 93-311. [Amending] Resolution No. 02-294. [Amending] Resolution No. 03-231. [Amending] Resolution No. 04-513).

Ch. 3. Initiative publicity pamphlet, "O'odham voice on use of gaming revenues"; special election, June 28, 1997 (Notice to voters. Initiative measure, O'odham voice on use of gaming revenues";: 1. Distribution of funds for all members; 2. Youth center; 3. Provide for the general welfare of the members; 4. Provide a charitable organization within the Nation; 5. Economic development; 6. Implementation. Sample ballot form, arguments against initiative, analysis of initiative by Tohono O'odham Legislative Council: the Nation's alternative for distribution of casino revenues and savings plan. Tally of election results for initiative election for the Tohono O'odham Nation.

Title 17. Health and safety:

Ch. 1. Tohono O'odham adult protection ordinance (1. Policy. 2. Purpose. 3. Definitions; program goals. 4. Protective services worker; powers, duties, and immunity. 5. Nonprivileged communication. 6. Duty to report abuse, neglect or exploitation of incapacitated or vulnerable adults; immunity of participants; duty to make medical records available. 7. Investigations; costs. 8. Adult protection visitation warrant. 9. Emergency procedures and protection order. 10. Adult protection order. 11. Rights of adults, their families and caretakers. 12. Adult abuse: penalties and civil remedies. 13. Severability. 14. Sovereign immunity. [Adopting] Resolution No. 03-389).

Ch. 2. Tohono O'odham Nursing Care Authority, amended and restated charter (Preamble. Article 1. Establishment and purposes: 1.1. Establishment; 1.2. Purposes. Article 2. Definitions: [Sections 2.1-2.17]. Article 3. Place of business [Section 3.1]. Article 4. Board of Directors: 4.1. Role; 4.2. Votting membership; 4.3. Removal, resignation and vacancies; 4.4. Meetings of the Board; 4.5. Powers and duties. Article 5. Officers, standing committees and key employees: 5.1. Officers, powers and duties; 5.2. Elections; term of offices; 5.3. Removal; resignation; vacancies; 5.4. Standing committees; 5.5. Administrator; 5.6. Director of the business office; 5.7. Director of nursing. Article 6. Operations: 6.1. Fiscal year; 6.2. Contracts; 6.3. Checks: drafts: orders; 6.4. Deposits; 6.5. Accounting; 6.6. Records and inspections; 6.7. Budgets; 6.8. Insurance; 6.9. Indemnification. Article 7. Funds and distributions: 7.1. Advancements by the Nation; 7.2. Operating reserve; 7.3. Capital expenditures; 7.4. Distributions. Article 8. Immunity from suit: 8.1. Immunity from suit; 8.2. Limited waiver of immunity; 8.3. Section strictly construed. Article 9. Applicability of the laws of the Nation: [Sections 9.1-9.2]. Article 10. Dissolution and liquidation: 10.1. Dissolution by Legislative Council; 10.2. Duties of the Board; 10.3. Notice of dissolution; 10.4. Effective date of dissolution. Article 11. Statutory agent: [Section 11.1]. [Approval] Resolution No. 04-122).

Ch. 3. Restaurant sanitation regulations, Ordinance No. 38-60 of the Papago Tribal Council, regulations governing sanitation at eating and drinking establishments (1. Definitions. 2. Permits. 3. Examination and condemnation of unwholesome or adulterated food or drink. 4. Inspections. 5. Notices, hearing and orders. 6. Sanitation requirements for restaurants. 7. Restaurants which may operate. 8. Reinstatement of permit. 9. Disease control. 10. Procedure when infection suspected. 11. Enforcement interpretation. 12. Penalties. 13. Conflict of ordinances or resolutions. 14. Review of plans. 15. Effective date. Certification. [Adopting] Ordinance of the Papago Council, No. 38. [Amending] Resolution of the Papago Council, No. 1108).

Ch. 4. Fireworks, Ordinance of the Papago Tribal Council, Papago fireworks safety ordinance No. 07-82 (Statement of purpose. 1. Short title. 2. Interpretation. 3. Definitions. 4. Fireworks prohibited. 5. Permit for public display. 6. Permitted uses. 7. Seizure. 8. Violation. [Correspondence]).

Ch. 5. Boxing:

Article 1. Boxing ordinance, Ordinance of the Tohono O'odham Nation, ordinance for the regulation of professional boxing matches within the Tohono O'odham Nation, No. 02-01, as amended by resolution No. 02-604 (221. Definitions. 222. Application of this ordinance; definition. 223. Tohono O'odham Boxing Commission; appointment; conflict of interest; emergency ringside meetings. 224. Commission; powers and duties. 225. Regulation of boxing contests. 226. Reserved. 227. Jurisdiction of Commission. 228. Persons required to procure licenses; requirements; background information; fee; bond. 229. Promoters; licenses; bond; proof of financial responsibility. 230. License fees; expiration; renewal. 231. Financial interest in boxer prohibited. 232. Age of participants. 233. Contestants and referees; physical examination; attendance of physician; payment of fees; insurance. 234. Attendance by peace officers. 235.01. Disciplinary action; grounds; emergency suspension; injunction. 236. Violation; classification. 237. Selection of referees. 238. Sham boxing; withholding a purse. 239. Judicial review. 240. Reciprocity. 241. Severability. [Adopting] Resolution No. 02-599. [Adopting] [Amending] Resolution No. 02-604).

Article 2. Boxing regulations, regulations adopted under the ordinance for the regulation of professional boxing matches within the Tohono O'odham Nation (Article 1. Equipment: 4-3-101. The ring; 4-3-102. Boxing gloves; 4-3-103. Hand bandages; 4-3-104. Contestant's equipment; 4-3-105. Dressing rooms. Article 2. Weigh-in and examination: 4-3-201. Weigh-in; 4-3-202. When contestants must appear; 4-3-203. Physical examination, appearance, and weight. Article 3. Conduct of contests: 4-3-301. Fair blows and fouls; 4-3-302. Intentional foul; 4-3-303. Accidental foul; 4-3-304. Substances; 4-3-305. Referee; 4-3-306. Knockdowns; 4-3-307. Conduct of seconds; 4-3-308. Method of judging; 4-3-309. Failure to resume boxing after rest period; 4-3-310. Mouthpiece. Article 4. Administration: 4-3-401. Age and physical condition of boxer applying for license; 4-3-402. Boxers injured; 4-3-403. Time between bouts; 4-3-404. Duty of matchmakers; 4-3-405. Notice to the Commission of promotions; publicity; 4-3-406. Payment of contestants; 4-3-407. Selection and payment of officials; 4-3-408. Commission seating at contests; 4-3-409. Reserved; 4-3-410. Insurance for contestants; 4-3-411. Grounds for disciplinary action; 4-3-412. Licensing; 4-3-413. License fees; 4-3-414. Rehearing or review of decision. [Adopting] Resolution No. 02-599.

Ch. 6. Involuntary commitment [reserved].

Title 18. Housing and construction:

Ch. 1. Tohono O'odham Ki:ki Association, Ordinance, No. 98-03, of the Tohono O'odham Nation, establishment of Tohono O'odham Ki:ki Association (Statement of purpose. Article 1. Establishment of the Tohono O'odham Ki:ki Association. Article 2. Purpose. Article 3. Definitions. Article 4. Place of business. Article 5. Board of Director's duties and responsibilities. Article 6. Scope of general powers. Article 7. Executive Director's duties, responsibilities and powers. Article 8. Obligations. Article 9. Capitalization of Tohono O'odham Ki:ki Association and finance responsibility. Article 10. Reporting requirements. Article 11. Conflict of interest. Article 12. Self-evaluation and monitoring. Article 13. Repeal of prior and inconsistent legislation. Article 14. Effective date of ordinance. [Adopting] Ordinance No. 98-03. [Amending] Resolution No. 02-110. [Amending] Resolution No. 02-089).

Ch. 2. Ordinance of the Papago Tribal Council, No. 1-84, charter of the Vi-ikam Doag Industries, Inc. (Article 1. Purposes. Article 2. Powers. Article 3. Board of Directors. Article 4. Miscellaneous. Article 5. Agent. Certification. [Amending] Resolution No. 98-224.).

Ch. 3. Building codes:

Article 1. Uniform housing code (Resolution of the Papago Tribal Council, No. 1568).

Article 2. National electrical code (Resolution of the Papago Tribal Council, No. 1569).

Article 3. Fire prevention code (Resolution of the Papago Tribal Council, No. 1567).

Ch. 4. Housing code [reserved].

Title 19. Land:

Ch. 1. Tohono O'odham agricultural and range resource management trespass, Ordinance No. 03-01 (100. Definitions. 101. Policy and purpose. 102. Enforcement. 103. Notification of a trespass determination. 104. Response to a written trespass notice. 105. Duration of a written trespass notice. 106. Actions against trespassers. 107. Impounding unauthorized livestock or other property. 108. Notification of impounding unauthorized livestock or other property. 109. Notification of intent to sell impounded livestock and other property. 110. Redemption of impounded livestock or other property. 111. Sale of impounded livestock or other property. 112. Penalties, damages, and costs payable by trespassers. 113. Determination of the value of forage or crops consumed or destroyed. 114. Determination of the value of the products or property illegally used or removed. 115. Determination of the amount of damages to Indian agricultural land. 116. Determination of the costs associated with enforcement of the trespass. 117. Failure to pay the assessed penalties, damages and costs. 118. Distribution of proceeds from assessment of trespass damages and costs. 119. Deficiency assessment. 120. Judicial review. [Adopting] Resolution No. 03-111).

Ch. 2. Nonmember land leases, Ordinance of the Papago Council No. 15 (1. Assignment required. 2. Application for assignment. 3. District Council action required. 4. Valid period of assignments. 5. Rental fees. 6. Present use confirmed. 7. Size of assignments. 8. Disposition of revenues. 9. Previous ordinances and resolutions rescinded. 10. Effective date. 11. Definitions. [Correspondence]. [Amending] Resolution of the Papago Council No. 351).

Ch. 3. Distribution of lease proceeds:

Article 1. General lease proceeds (Ordinance of the Papago Council for distribution of lease proceeds No. 02-83).

Article 2. Mining lease proceeds (Ordinance of the Papago Tribal Council for the distribution of mining proceeds No. 13-82: 1. Distribution of mining proceeds; 2. Delegation of authority; filing of agreements; 3. Repeal of prior conflicting ordinances. [Amending] Resolution of the Tohono O'odham Legislative Council No. 95-131). Resolution of the Sif-oidak District Council requesting an amendment to Ordinance No. 13-82 regarding mining royalty distributions, No. 07-94-01).

Ch. 4. Recreation permits:

Article 1. Nonmember hunting permits (Ordinance of the Papago Council No. 32).

Article 2. Camping and picnicking permits (Ordinance of the Papago Council No. 33).

Ch. 5. Escheat (Ordinance of the Papago Tribal Council (escheat ordinance) No 04-83: 1. Short title; 2. Interpretation; 3. Definitions; 4. Treasure-trove; 5. Abandoned property; 6. Delivery of and receipt for property; relief f5rom liability by delivery; 7. Periods of limitation not a bar; 8. Sale or disposition of property by treasurer; 9. Notice to persons appearing as owners of abandoned property; 10. Claim for abandoned property; 11. Determination of claims; 12. Judicial action upon determinations; 13. Sale and disposition of treasure-trove and abandoned property; 14. Deposit of funds; 15. Proceeding to compel delivery of property. 16. Violations; jurisdiction. Certification. [Amending] Resolution of the Papago Council No. 182-84. [Correspondence]).

Title 20. Legal:

Ch. 1. Statute creating the Office of the Attorney General of the Tohono O'odham Nation (1. Establishment of office of the Attorney General; purpose. 2. Personnel. 3. Authority, responsibilities and duties. 4. Office of the Prosecutor: establishment; purposes. 5. Personnel. 6. Duties, responsibilities and authority of the Office of the Prosecutor. [Adopting] Resolution of the Tohono O'odham Legislative Council No. 326-89. [Amending] Resolution of the Tohono O'odham Legislative Council No. 91-500).

Ch. 2. Office of Independent Council (Ordinance defining the powers, duties, and authority of the Office of Independent Council, No. 03-89. [Amending] Resolution of the Tohono O'odham Legislative Council, override veto, No. 305-89).

Title 21. Liquor:

Ch. 1. Alcoholic beverages, Ordinance of the Papago Tribal Council, alcoholic beverages licensing and control ordinance No. 05-82 (Statement of purpose. Article 1. Title; interpretation; prohibition; district option; sanction: 1. Short title; 2. Interpretation; 3. Prohibition; 4. District option; 5. Sanction. Article 2. Definitions. Article 3. Unlawful acts. Article 4. Liquor Licenses and Control Commission: 1. Appointment of members; terms; payment; 2. General powers of Commission; 3. Specific subjects on which Commission may adopt regulations. Article 5. Papago liquor stores: 1. Commission to establish Papago liquor stores; 2. Selection of personnel; 3. Appointment of Superintendent and managers of Papago liquor stores; 4. Sales by Papago liquor stores; 5. Working capital; 6. Audits; 7. Tribal taxes. Article 6. Licenses and regulations: 1. Authority to issue liquor licenses; 2. Application procedure; 3. Qualifications of spirituous liquor licensees; 4. Applications for licenses; 5. Licenses; contents; transfers; 6. Issuance of licenses; regulatory provisions; revocation; 7. Licensing premises near school building or church; 8. License fees; 9. Revocation or suspension of license. Article 7. Exemption; violations; penalties; jurisdiction: 1. Exemptions; 2. Violations; 3. Jurisdiction. Article 8. Contraband; seizure; forfeiture: 1. Seizure; 2. Hearing; 3. Notice of hearing; 4. Judgment of forfeiture - disposition of proceeds of property. Article 9. Nuisance; abatement: 1. Declaration of nuisance; 2. Abatement of nuisance. Article 10. Conflicting ordinances; amendments: 1. Conflicting ordinances and resolutions; 2. Amendments. Certification. [Exempting and adopting] Resolution of the Tohono O'odham Legislative Council, No. 01-119 (exempting the Tohono O'odham Gaming Enterprise/[Authority]. [Exempting and adopting] Resolution of the Tohono O'odham Legislative Council, No. 04-514 (exempting the Tohono O'odham Gaming Enterprise/[Authority]).

Ch. 2. Alcoholic beverages regulations, Tohono O'odham Nation alcoholic beverages licensing and control regulations (Ch. 1. Definitions.: 1.1. Purpose; 1.2. Definitions. Ch. 2. Underage persons: [Sections 2.1-2.4]. Ch. 3. Unlawful acts [Sections 3.1]. [Exempting and adopting] Resolution of the Tohono O'odham Legislative Council, No. 04-514 (exempting the Tohono O'odham Gaming Enterprise/[Authority]).

Title 22. Taxation:

Ch. 1. Tohono O'odham Nation tobacco tax, Ordinance No. 95-149, amended by Resolution No. 02-565 (1. Purpose. 2. Levy of tobacco tax. 3. Collection and enforcement. 4. Effective date. [Enacting] Resolution of the Tohono O'odham Legislative Council No. 95-148. Resolution of the Tohono O'odham Legislative Council, No. 95-150, amending Transaction Privilege Tax Ordinance No. 3-81. [Amending] Resolution of the Tohono O'odham Legislative Council, No. 02-565) [tax rate increase]).

Ch. 2. Transaction privilege tax, Ordinance of the Papago Council No. 03-81 (Statement of purpose. 1. Short title. 2. Interpretation. 3. Definitions. 4. Privilege license. 5. Levy of tax: contractors; retailers. 6. Mandatory insurance of receipt of transaction. 7. Monthly return; time for payment; extension of time. 8. Method of payment. 9. Refunds of excess payments. 10. Deficiencies; penalty; notice; payment. 11. Appeal to Treasurer; petition for redetermination; finality of order. 12. Payment of tax under protest; taxpayer's action; payment of judgment in favor of taxpayer. 13. Tax protest fund. 14. Administration and enforcement of ordinance. 15. Jurisdiction of Papago Tribal Courts. 16. Burden of proving sale not at retail. 17. Presumption gross receipts taxable. 18. Taxpayer's records. 19. Personal liability for tax; remedies for collection. 20. Jeopardy assessment. 21. Transaction and privilege taxes. 22. Notices. 23. Failure to make return; false return; preventing examination; perjury; classification. 24. Severability. 25. Effective date. 26. Repeals. [Amending] Resolution of the Papago Council No. 190-84. [Amending] Resolution of the Tohono O'odham Legislative Council, No. 338-87. [Amending] Resolution of the Tohono O'odham Legislative Council, No. 357-89. [Amending] Resolution of the Tohono O'odham Legislative Council, No. 95-150).

Title 23. Traffic code:

*** Ch. 1 is a very large file. It is split into three smaller files for easier use:

Pages 1-69
Pages 70-195
Pages 196-221

Ch. 1. Traffic ([Adopting] Resolution of the Papago Council No. 842. Arizona code, 1939, vol. 35, Ch. 66. Motor vehicles: Article 2. Motor vehicle division; Article 3. Motor vehicle fuel tax; Article 4. Definitions and penalties. Arizona code, 1952 cumulative supplement, vol. 1, Ch. 66. Motor vehicles: Article 1. Use of highways by vehicles; Article 2. Motor vehicle division; Article 3. Motor vehicle fuel tax; Article 4. Definitions and penalties. Arizona code, 1954 supplement, Ch. 66. Motor vehicles: Article 1. Use of highways by vehicles; Article 2. Motor vehicle division; Article 3. Motor vehicle fuel tax; Article 4. Definitions and penalties. Arizona code, 1955 supplement, Ch. 66. Motor vehicles: Article 1. Use of highways by vehicles; Article 2. Motor vehicle division; Article 4. Definitions and penalties; Article 5. Regulation of public highway transportation; Article 9. Motor vehicle license tax. [Repealing] Resolution of the Papago Council No. 51. [Enacting] Resolution of the Tohono O'odham Legislative Council, No. 05-361).

Ch. 2. Driving under the influence ([Repealing] Ordinance of the Papago Council, No. 51. [Enacting] Resolution of the Tohono O'odham Legislative Council, No. 05-361. Resolution, No. 05-664, of the Tohono O'odham Legislative Council enacting criminal code section 1.21. Savings clause, section 2.23. Refusal to provide chemical evidence, and section 13.12. Driving under the influence).

Ch. 3. Speed restrictions ([Enacting ordinance of the Papago Council, No. 52]. [Enacting] Resolution of the Tohono O'odham Legislative Council, No. 05-361).

Ch. 4. Seatbelts and child restraints (1001. Primary vehicle restraints required; exceptions; civil penalties. 1002. Child passenger restraint system; civil penalty; exemption; definitions. [Enacting] Resolution of the Tohono O'odham Legislative Council, No. 05-438).

Title 24. Utilities and communication:

Ch. 1. Tohono O'odham Utility Authority, second restated plan of operation (1. Name, location and place of business. 2. Seal. 3. Duration. 4. Purposes. 5. Easement franchises and grants of use. 6. Control of operations. 7. Management Board; purpose; duties and powers. 8. Indemnification of officers, employees and members of the Management Board. 9. Membership on Board; qualification; term of office. 10. Removal. 11. Resignation and vacancies. 12. Meetings of the Board. 13. Executive Committee. 14. Officers: powers and duties. 15. Election; term of office; qualification. 16. Removal. 17. Resignations; vacancies. 18. Other officers and agents. 19. General manager; functions; duties. 20. Financial transactions; miscellaneous. 21. Rates and charges. [Adopting] Resolution of the Tohono O'odham Legislative Council, No. 91-175).

Ch. 2. Cable communications, Ordinance of the Papago Tribal Council No. 04-84 (Statement of purpose. 1. Title. 2. Interpretation. 3. Purpose. 4. Definitions. 5. License required. 6. License agreement. 7. Grant of authority. 8. Nature of grant. 9. Geographic area covered. 10. System design and capability requirements. 11. Customer service standards. 12. Rate schedule. 13. Rate regulation. 14. Disconnection. 15. Time of essence. 16. Conditions of construction. 17. Termination. 18. Continuity of service. 19. Purchase of system by tribe. 20. Transfers and assignments. 21. License fee. 22. Rights reserved to the Papago Tribe. 23. Equal employment opportunity. 24. Insurance. 25. Penalties. 26. Jurisdiction).

Title 25. Water:

Ch. 1. Water trust, Ordinance [of the Papago Council], No. 03-83, creating Papago P. L. [public law] 97-293 trust (1. Statement of purpose).

Ch. 2. Bylaws of the District Water Advisory Committee (1. Predecessor committee. 2. Establishment of the District Water Advisory Committee. 3. Duties. 4. Membership. 5. Meetings. 6. Officers. 7. Amendments. [Adopting] Resolution of the Tohono O'odham Legislative Council, No. 02-492).

Ch. 3. Water code [reserved].