10-02-79
FOREST PRODUCT
HARVESTING ORDINANCE
ORDINANCE NO. 79-1
EFFECTIVE OCTOBER 2, 1979
AN ORDINANCE REGULATING FOREST PRODUCT HARVESTING
ON LAC COURTE OREILLES TRIBAL LANDS
The Lac Courte Oreilles Band of Lake Superior Chippewa Indians of
Wisconsin, by its Tribal Governing Board, pursuant to its constitutional
responsibilities and authority, does hereby establish this Ordinance to
manage Forest Product Harvesting on Tribal Lands* so as to best benefit
Tribal Members.
I. FUELWOOD
Fuelwood (Firewood) grown on Tribal Lands is to be used to primarily
benefit Tribal Members.
A. Restrictions/Permits
Harvesting (Cutting) is hereby restricted and permitted as
follows:
1. Only the areas of Tribal Lands which have been
designated, marked, posted and approved by the
Tribal Governing Board shall be utilized for
Fuelwood Harvesting.
2. Tribal Members may harvest fuelwood in such areas
for their personal use without permits.
3. Permits issued by the Tribal Governing Board are
required for:
a. Any nonmember cutting fuelwood, with or
without pay, compensation or renumeration,
for a Tribal Member;
b. Any member cutting fuelwood for resale to
Tribal members.
4. No sales, trades, barters or other transactions
involving fuelwood from Tribal Lands are permitted to
nonmembers without Tribal Governing Board prior,
written approval.
*Tribal Lands include all lands owned by or for the benefit of the Lac
Courte Oreilles Tribe, and, as such, this Ordinance does not pertain to
allotted, heirship, governmental or taxable lands.
5. Harvesting shall be done in a safe, orderly manner with
regard to others and access roads to the cutting areas.
B. Procedures
1. Fuelwood harvesting areas, including species, diameter
and conditions of tree limitations and other
restrictions, requirements or other limitations shall
be designated and approved by the Tribal Governing
Board upon consultation, if necessary, with the Tribal
Forest Manager and/or Forester.
2. Before harvesting is begun in these areas, they shall
be posted and the boundaries marked.
3. Posting of an approved harvesting area may include, but
is not limited to:
a. A sign indicating "Tribal Fuelwood Harvesting
Area."
b. Posting a copy of this Ordinance.
c. Limitations, restrictions or requirements
approved by the Tribal Governing Board for the
area.
d. Legal description and/or map of the land.
e. Notice of violations for unauthorized entry
and/or use.
4. Permits will be issued to nonmembers and members upon
written request to the Tribal Governing Board upon
forms as may be required to fully inform the Board as
to who will be cutting and for whom, when and where
such will be done. When a permit is necessary, there
shall be no harvesting until the permit is issued and
in the possession of the permittee while he is cutting
fuelwood
C. Administration/Enforcement
1. All fuelwood harvesting is under the supervision and
direction of the Tribal Forest Manager and/or Forester
and his authorized assistants; they may verify
credentials of all persons cutting timber on Tribal
Lands, give directions as to the limitations,
restrictions and requirements approved by the Tribal
Governing Board, give information as to proper methods
of harvesting and fuelwood removal and seek the
cooperation and assistance of other personnel as
designated and approved by the Tribal Governing
Board. They shall administer harvesting in conjunction
with the Lac Courte Oreilles "Comprehension Over-All
Plan for Lac Courte Oreilles Forest Lands", approved by
the BIA August 1979, as directed by the Tribal
Governing Board.
2. The Tribal Governing Board may designate other
personnel to enforce this Ordinance, including, but not
limited to, Tribal Law Enforcement Officers, Game
Wardens and the like who may investigate and initiate
legal action against those contravening this Ordinance.
3. The Lac Courte Oreilles Tribal Court has jurisdiction
over violations of this Ordinance, and, pursuant to the
Lac Courte Oreilles Court Code, may assess damages in
the amount not to exceed three times the value of the
wood, as Fuelwood, cut from Tribal Lands; in addition
the Court may assess costs, fees and expenses in
conducting the case including investigation, damage
estimates, attorneys fees and related costs.
4. The Tribal Governing Board is not limited to the
remedies available through the Tribal Court, and
pursuant to the Lac Courte Oreilles Constitution, may
seek to otherwise enforce this Ordinance in any manner
permitted by law.
D. Individual Requests/Special Permit to Tribal Member
Upon a showing of need and/or hardship, a Tribal Member may be
issued a special permit to cut fuelwood for his own and/or his
immediate family's use in areas other than the designated sites
set forth in subsection "A" hereof. Such special permit cutting
will only be of dead, down, dying or other such disposable trees
as approved by the Tribal Forest Manager and/or Forester (BIA)
pursuant to subsection "C" hereof. For purposes of this
Ordinance "immediate family" means husband/wife, father/mother,
brother/sister and children. These special permits shall be
issued sparingly and not to be issued to nonmembers and not to
be issued to members cutting fuelwood for resale. (Subsection
"D" added by Amendment October 21, 1982.)
II. COMMERCIAL TIMBER
(Reserved for future regulations)
*** ***
(Effective October 2, 1979; amended
October 21, 1982.)
REQUEST FOR FUELWOOD CUTTING PERMIT - SEE HARD COPY
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