03-14-85
TRIBAL CODE
CHAPTER 22:
TIMBER TRESPASS CODE
CONTENTS:
22.101 Scope and Purpose.
22.102 Definitions.
22.103 Implied Consent.
22.104. Prohibited Acts.
22.105. Procedure.
22.106. Enforcement and Penalties.
HISTORY NOTE:
Adopted March 14, 1985, Resolution No. 76(85), effective
immediately.
Amendments to ss 22.104 and .106 adopted February 9, 1987,
Resolution No. 37(87), put out for advisory referendum Resolution No.
58(87), rejected by referendum March 18, 1987.
Sec. 22.104(5) amended May 18, 1987, Resolution No. 152(87)
Sec. 22.104(3) amended March 7, 1988, Resolution No. 63(88)
TRIBAL CODE
CHAPTER 22
TIMBER TRESPASS CODE
22.101 Scope and Purpose.
(1) The purpose of this code is to provide tribal remedies for
trespass to timber interests of the Tribe or its members on tribal
trust or allotted lands. This code is adopted pursuant to the powers
of the Tribal Council as set forth in Article VI, Sections 1(a), (j),
and (r), of the Tribal Constitution.
(2) This code is not intended to provide the exclusive remedy for
timber trespass. The Tribe recognizes that federal law provides for
criminal penalties and treble damages for timber trespass, and this
code is intended to operate in addition to the remedies available under
federal or state law.
20.102 Definitions.
As used in this code:
(1) "Allotted land" means land or any interest therein located
within the bounds of the reservation held in trust by the United States
for the benefit of individual Indians.
(2) "Reservation" manes the area within the external boundaries
of the Lac du Flambeau Reservation
(3) "Tribe" means the Lac du Flambeau Band of Lake Superior
Chippewa Indians.
(4) "Tribal Court" means the Lac du Flambeau Tribal Court.
(5) "Tribal trust land" means land or any interest therein
located within the bounds of the reservation held in trust by the
United States for the Tribe, or any other land which may be hereafter
placed in trust for the Tribe.
22.103 Implied Consent.
Entry upon trial land without the permission of the Tribe is
prohibited. Entry upon allotted land without the permission of the
allottees or the United States is prohibited. Such permission when
given is expressly conditioned upon the consent of the person whose
entry is permitted to the jurisdiction of the Tribe for purposes of
enforcing this code. Any person who enters upon allotted land or
tribal trust land shall be deemed to have given consent to the
jurisdiction of the Tribe for purposes of enforcing this code.
22.104. Prohibited Acts.
No person shall:
(1) Willfully and in an unauthorized manner set fire to timber,
underbrush, or grass or any other flammable material upon any allotted
lands or tribal trust land.
(2) Having kindling or caused to be kindled a fire in or near any
forest timber or other flammable material on any allotted land or
tribal trust land, leave said fire unattended, or without totally
extinguishing it, or permit such fire to spread beyond his or her
control.
(3) Excepting those trees harvested by members for personal
Christmas use, cut trees standing or growing upon allotted land or
tribal trust land without a valid contract or permit to do so, or in a
manner exceeding the scope of such contract or permit. No member
seeking to harvest dead or downed wood for firewood shall be required
to obtain a permit for that activity.
(4) Wantonly injure or destroy trees standing, growing, or being
upon allotted land or tribal trust land.
(5) Cut, or assist in any manner the cutting of trees under a
firewood permit issued to a tribal member, unless such person is the
spouse of the tribal member to whom the permit is issued.
22.105 Procedure.
The Tribal Court shall hear matters pertaining to the violations
of this code. Proceedings for violation of this code shall be governed
by Chapters III and IV of the Tribal Court Code, Tribal Code Ch. 80,
provided that citations for violations of this code may be served by
mail.
22.106 Enforcement and Penalties.
(1) The provisions of this code shall be enforced by tribal law
enforcement officers. In addition, any federal, state, or local law
enforcement officer may institute proceedings to enforce this code.
(2) Violations of the provisions of this code shall be punishable
by a civil remedial money penalty of no more than $500, plus $10 court
costs.
(3) Any vehicle or other equipment used in the violation of this
code may be seized and sold in accordance with Chapter VI, Part Two of
the Tribal Court Code, Tribal Code Ch. 80.
(4) In addition to seeking a civil money penalty and/or seizure
of and sale of equipment, the Tribe may bring an action to recover
damages from the violator in an amount not to exceed three times the
value of the timber injured, destroyed, or removed.
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