Wampanoag Tribe of Gay Head (Aquinnah) - Tribal Code

Dated: 2000

Disclaimer: Although every effort is made to present current and accurate information, if you need an official version of the tribe’s laws, please contact the tribe.

The tribe has not given permission to put the text online. The following is a table of contents of the different ordinances the library has. Please contact the library for more assistance.

Table of Contents.

Title 1. Aquinnah Wampanoag judiciary establishment ordinance -- Resolution. Ch. 1. Preliminary provisions (1-1-1. Constitutional authority. 1-1-2. Prior inconsistent laws repealed. 1-1-3. Amendment of Wampanoag Tribal Code). Ch. 2. Purpose, construction, and definitions (1-2-1. Purpose. 1-2-2. Construction. 1-2-3. Definitions). Ch. 3. Establishment of tribal judiciary (1-3-1. Chief's Council. 1-3-2. Wampanoag Court of Appeals). Ch. 4. Jurisdiction (1-4-1. Tribal policy. 1-4-2. Jurisdiction generally. 1-4-3. Jurisdiction by stipulation of parties). Ch. 5. Sovereign immunity (1-5-1. Sovereign immunity generally. 1-5-2. Limited tribal judiciary waiver. 1-5-3. No waiver in state or federal court). Ch. 6. Applicable law. Ch. 7. Chief's Council (1-7-1. Role of Chief. 1-7-2. Composition and role of Chief's Council. 1-7-3. General qualifications for Chief's Council. 1-7-4. Goal of peacemaking towards a settlement. 1-7-5. Authority to impose judgement). Ch. 8. Tribal judiciary procedures (1-8-1. Qualifications, selection, tenure, and removal of Chief's Council Peacemakers and Court of Appeals Judges. 1-8-2. Appointment of special Peacemakers / Judge(s). 1-8-3. Tribal judiciary training. 1-8-4. Oath of office. 1-8-5. General role of Peacemakers and Judges. 1-8-6. Powers of Peacemakers and Judges. 1-8-7. Duties of Peacemakers and Judges. 1-8-8. Disqualifications, conflict of interest; codes of ethics. 1-8-9. Rulemaking authority). Ch. 9. Enforcement (1-9-1. Enforcement of court orders. 1-9-2. Authority to execute and serve warrants and other process. 1-9-3. Authority to stop and question persons and seize property). Ch. 10. Court of Appeals (1-10-1. Right of appeal. 1-10-2. Time to appeal and how to appeal. 1-10-3. Appellate pool. 1-10-4. Appellate panel. 1-10-5. Appellate procedures. 1-10-6. Record on appeals. 1-10-7. Court's action on appeals. 1-10-8. Appellate decisions). Ch. 11. Effective date. (11 pgs).

Tribal housing ordinance -- Article I. Declaration of need. Article II. Purposes. Article III. Definitions. Article IV. Board of Commissioners. Article V. Powers. Article VI. Obligations. Article VII. Miscellaneous. Article VIII. Cooperation in connection with projects. Article IX. Approval by Secretary of the Interior. (12 pgs).

Tribal Ordinance No. 91-02: Freedom of information -- Resolution. Article I. Definitions. Article II. Request for disclosure. Article III. Procedures for disclosure. Article IV. Exceptions. Article V. Appeals. (4 pgs).

Tribal Ordinance No. 93-01 (originally was Ordinance 91-01): Enrollment -- I. Criteria for enrollment. II. Limitations on membership. III. Application procedure. IV. Membership Committee. V. Membership Committee meetings. VI. Appeals. (5 pgs).

Tribal Ordinance No. 94-01: Election ordinance -- Article I. Elections. Article 2. Voter qualifications. Article 3. Election of Tribal Council members. Article 4. Nominations (1. Qualifications. 2. Nomination papers. 3. Nomination procedure. 4. Submission of nomination petition; deadlines). Article 5. Unanimous consent. Article 6. Plurality required. Article 7. Secret ballot. Article 8. Resignation. Article 9. Write-in candidates. Article 10. Election Board. Article 11. Recount. Article 12. Recount procedure. Article 13. Tie vote. Article 14. Destruction of ballots. Article 15. Term of office and administration of oath. (6 pgs).

Tribal Ordinance No. 96-01: Confidentiality of Child Protection Team process -- I. Information. II. records. III. Access to information. (1 pg).

Tribal Ordinance No. 96-02: Notice and reporting of child abuse or neglect -- I. Designated tribal agent for service of notice. II. Persons required to report. III. Method of reporting. IV. Penalty for failure to report. V. Immunity from liability. (2 pgs).

Tribal Ordinance No. 97-01: Tribal families recognized for tribal activities -- [Sections I-IV]. (1 pg).

Tribal Ordinance No. 97-02: Privacy Act -- Resolution: Confidentiality. Resolution: Privacy Act. (3 pgs).

Tribal Ordinance No. 97-03: Criminal background checks -- Resolution. (2 pgs).

Tribal Ordinance No. 98-01: Building, health, fire and safety ordinance -- Article I. Building code. Article II. Additional building standards and specifications. Article III. Health standards. Article IV. Fire safety standards. (4 pgs).

Tribal Ordinance No. 98-02: Tribal zoning ordinance -- Article I. Fall River Airport lands. (1 pg).

Tribal Ordinance No. 98-03: Enterprise Board ordinance -- Article 1. Nomination and confirmation of members. Article 2. Meetings. Article 3. Duties. (2 pgs).

Tribal Land Use Ordinance -- Ch. 1. Declaration of purpose and policy (1. Purpose. 2. Policies). Ch. 2. Definitions. Ch. 3. Land Use Commission (1. Establishment. 2. Authority. 3. Composition of the Commission. 4. Cooperation with tribal programs). Ch. 4. Preliminary screening and approval procedure (1. Letter of intent. 2. Residential use. 3. Commercial and/or governmental - community use). Ch. 5. Permit process and procedure (1. Permit required. 2. Permit application. 3. Permit review fees. 4. Permit review. 5. Commission decision. 6. Bonding requirements. 7. Tribal Council site lease approval). Ch. 6. Permit conditions (1. Permit terms and conditions. 2. Permit modification. 3. Permit duration and extension). Ch. 7. Certificate of occupancy or completion (1. Certificate required. 2. CO [Certificate of Occupancy or Completion] application). Ch. 8. Variance (1. Application. 2. Criteria). Ch. 9. Monitoring (1. Authority to inspect, sample, meter, monitor. 2. Records and monitoring. 3. Reporting requirements). Ch. 10. Enforcement (1. Enforcement authority of the Commission. 2. Commission orders. 3. Cease and desist order. 4. Show cause order. 5. Consent order. 6. Fines). Ch. 11. Appeal process and procedure (1. Right to a hearing. 2. Right to appeal. 3. Appeal Board. 4. Record on appeal. 5. Appeal hearing). Ch. 12. Effective date and application (1. Effective upon enactment of Tribal Council. 2. Publication and distribution of tribal land use regulations. 3. Application to existing activities and projects. 4. Amendment). Regulations for protecting tribal lands: Ch. 1. Declaration of purpose (1. Purpose. 2. Jurisdiction. 3. Authority). Ch. 2. Land use protection and management program. Zoning regulations. Wetland / water resource protection regulations. Building codes. Subsurface sewage disposal (Title V). Health codes. (25 pgs).