01-05-73
NO. 45 B
ORDINANCE
OF THE GOVERNING BODY OF
THE CONFEDERATED SALISH AND KOOTENAI TRIBES
OF THE FLATHEAD RESERVATION
An Indian Chartered Corporation
AN ORDINANCE RESCINDING LAND ORDINANCES 45A, 50A, AND 45A AMENDMENT NO.2
AND ESTABLISHING A CONSOLIDATED LAND ORDINANCE TO BE KNOWN AS ORDINANCE
NO. 45B.
BE IT ENACTED BY THE TRIBAL COUNCIL OF THE CONFEDERATED SALISH AND
KOOTENAI TRIBES OF THE FLATHEAD RESERVATION, MONTANA, that this
ordinance shall serve to replace and shall be adopted in lieu of
previous land ordinances.
I. GENERAL PROVISIONS
A. Purpose
The purpose of the Flathead Reservation Land Ordinance is to
serve as a guide and provide rules for the management and governing
of the Tribally-owned land within the Flathead Indian Reservation.
The Land ordinance will provide a fair and equitable opportunity
for use of lands by all Tribal members and provide for the
protection of the land and its preservation for use by future
generations.
The Land Ordinance provides the vehicle for formalizing and
documenting acquisition, disposals, exchanges, leases, permits
or other uses of Tribally-owned lands on the Flathead Indian
Reservation.
B. Authority
The Flathead Land Ordinance is written under the authority of
Section 1 (a), (c), (d), (f), (g), (h), (i), (j), (n), (o), (s),
and (u), Section 3, Article VI and Article VIII of the Constitution
and By-Laws of The Confederated Salish and Kootenai Tribes of the
Flathead Reservation, Montana, and of the Code of Federal
Regulations, Title 25, Parts 131, 151, 161, and 171.
Leases and permits and other acts governing the use of the land
shall be executed by The Confederated Salish and Kootenai Tribal
Council or its delegated representative and shall become effective
upon approval of the Secretary of Interior or his delegated
representative unless otherwise provided for in this Ordinance.
The Tribal Council may, by resolution, delegate to the Secretary
of the Tribal Council the authority to execute certain routine
leases, permits or other administrative actions without referral
to the Tribal Council.
It shall be the responsibility of The Confederated Salish and
Kootenai Tribal Council to enforce the rules and regulations set
forth in this Ordinance.
C. Conservation
Stipulations of the lease will require each lessee, permittee
or other user of land on the Flathead Indian Reservation to protect
the land and permanent improvements thereon leased, permitted or
otherwise given to his care, from erosion, depredation, or
accelerated depreciation while such lands and improvements are
under his care.
All leases and permits will contain stipulations pertaining
to participation in the Department of Agriculture farm programs.
All minerals and sub-surface interests are reserved by the
Tribes and no rights therein shall pass to a lessee, permittee
or other user of these lands by viture of leases or permits made
under this Ordinance except leases made specifically for mining
purposes in accordance with the Code of Federal Regulations,
Title 25, Parts 171 and 177 and regulations and policies in effect
at execution of permit and/or lease.
D. Land Use Plan
The Confederated Salish and Kootenai Tribes will adopt a Land
Use Plan for the purpose of establishing guidelines and criteria
for the beneficial and economic use and development of Reservation
lands. This plan, which shall contain general policy guidelines
for utilization of particular lands (community, commercial,
industrial, recreational, agricultural, etc.), will become a part
of this Ordinance upon adoption by the Tribal Council.
(Plan becomes Section D, Part 1)
E. Indian Preference
It is the established policy of the Council to encourage the
use of Tribal lands by operators who are Tribal members. It is
also recognized that the agricultural resource will support only
a limited number of economically sound farm and ranch enterprises.
As the number of requests begins to equal or surpass the resource,
it becomes necessary to set priorities for determining Indian
preference. Wherever Indian preference is granted on agricultural
lands in this Ordinance, it shall mean preference to enrolled
adult members of The Confederated Salish and Kootenai Tribes and
shall be granted in the following order:
1. Head of household who is a bona fide operator, making
the family living from agriculture.
2. Indian Associations whose members are all bona fide
operators, making their living from agriculture.
3. Indian Associations whose members are not all bona fide
operators and who do not all make their living from
agriculture.
4. All other Tribal members who do not qualify under the
first three classes.
Tribal lands leased or permitted by Tribal members using
preference granted them to meet high bids, negotiations, or
allocations may be assigned or cancelled upon request of the lessee
under the following provisions:
1. Cancellations - Lands must be readvertised for lease.
The cancellation will not be effective until the land is
re-leased.
2. Assignments - Lands may be reassigned to another Tribal
member. No other reassignments will be approved.
II. LEASES
A. General
1. All leases covering the use of Tribal lands shall be
made in accordance with the Constitution and By-Laws of The
Confederated Salish and Kootenai Tribes, the regulations
contained in the Code of Federal Regulations, Title 25, and the
provisions of this Ordinance.
2. Any person occupying or using Tribal land shall have a
valid lease, permit or right of way. Said lease, permit
or right of way shall be on file in both the Tribal Office
and the Agency Superintendent's Office. Failure to have such
a lease, permit or right of way properly filed shall be grounds
for revocation. Prepayments of revoked leases will be
forfeited to the Tribes.
3. In all instances where lands are to be leased or permitted,
rights of way to be issued or easements to be granted,
appraisals must be made. The appraisal shall then become a
base from which negotiations on rentals, damages, and land use
can proceed except as otherwise provided in this Ordinance.
B. Farm-Pasture Leases
1. All leases of farm-pasture land will be by competitive
bid except as specified in 4 below.
2. A listing at least semi-annually of all farm-pasture
land not under lease or where a lease is due to expire
within the next twelve (12) months will be prepared and
advertised for invitation to bid. Advertisements will be
approved by the Tribal Economic Development Committee prior
to publication. Such approval shall constitute authority for
the Tribal Council or its authorized representative to execute
leases on the lands involved.
3. The highest and/or best bid submitted by a qualified bidder
will be awarded a five-year lease except that a Tribal member
who is the previous lessee and has satisfactorily complied
with all terms of the previous lease will have the first option
of meeting the high bid and being awarded the lease, provided
they have entered a qualifying bid on the particular tract.
Second priority of meeting the high bid of a non-Tribal member
will be extended to the Tribal members who are not the previous
satisfactory lessee. In the event that more than one Tribal
member of the second priority submits a qualifying bid, the
member submitting the highest and/or best bid will be offered
the first opportunity to meet a high bid of a non-member. The
Tribal Council or their authorized representative will
determine what constitutes the best bid as submitted by the
bidders.
4. Farm-pasture land may be leased:
a. By negotiation after having been advertised and no
suitable bid received. A lease by negotiation must be
within 10% of the appraised rental value unless it is
determined to be in the best interest of the Tribes to
accept a lesser amount.
b. By negotiation if the tract is isolated and the
adjacent land owner is willing to execute a proper
lease.
c. Improvement leases may also be negotiated for
periods not in excess of five (5) years for dry area
land and ten (10) years for irrigated crop land, or
for longer periods if authorized by the Code of Federal
Regulations, providing sufficient improvements are
specified to warrant such negotiations. These improvements
will be limited to the type that will economically
increase production and land value.
5. All agreements reached by negotiation will be approved
by the Economic Development Committee. Such approval shall
constitute authority for the Tribal Council or its authorized
representative to execute leases on the lands involved.
6. All leased land farmed by the lessee shall be farmed in
a husband-like manner and in accordance with the conservation
stipulations of the lease.
7. All permanent improvements placed or existing on the
land shall be maintained in good repair and shall remain on
the land upon termination of the lease unless otherwise
specified in the lease.
8. It shall be the responsibility of the lessee to utilize
the irrigation water in a manner that will not damage the land
resource, either on or adjacent to the land leased, and to
keep all O&M charges paid up. Failure to keep O&M charges
paid up shall be grounds for revocation.
C. Business and Commercial Leases
1. Land designated in the Land Use Plan as commercial,
industrial, or recreational may be leased for business or
commercial purposes upon submission of an acceptable proposal
to lease or by competitive bid whichever appears to be most
advantageous to the Tribes. Short-term interim leases or
permits may be negotiated pending development to higher and
better use.
2. Negotiations and advertisements will be approved by the
Tribal Economic Development Committee on all properties.
Awards will be made by the Tribal Council. Such leases will be
for a term of not more than 25 years but may include provisions
to renew for one additional term of 25 years in conformance to
25 CRF 131.
3. All business and commercial leases shall include a time
phase program for construction showing completion dates.
Building plans showing the specifications and locations shall
be approved by the Tribal Council and the Secretary of Interior
or their delegated representatives before construction is
started.
4. All permanent improvements placed on business and
commercial leases shall be of a nature that will lend
themselves to the surrounding country and their design shall be
approved by the Tribal Council and the Secretary of Interior or
their delegated representatives. All improvements existing or
placed on the land shall be maintained by the lessee in good
repair and shall become the property of the Tribes at the
termination of the lease unless otherwise specified in the
lease.
5. No timber removal or other alterations of the land
involved in the business or commercial lease shall be made
without prior approval of the Tribal Council and the Secretary
of Interior or their delegated representatives.
6. The lessee shall be responsible for any damage caused to
the land and improvements covered by his lease or to lands
adjacent to it through willful or negligent abuse. Provisions
of the lease shall hold the Tribes free from any liability for
personal or property damage occurring on the leased premises.
D. Homesite Leases
1. Homesite leases shall be made only in designated townsites
or homesite tracts listed in the Land Use Plan.
2. Homesite leases shall be made for the purpose of providing
an area for the habitation of the Tribal member lessees and
their immediate families or individual recreation sites for
Tribal members.
3. Homesite leases shall be limited to a maximum size of
2 1/2 acres unless it can be demonstrated by the lessee that
additional land is needed to contain the habitation and
supporting facilities for the family including an area
sufficient for the production of garden products for family
use. The Economic Development Committee may, upon proof of
need for additional land, increase the size of the homesite
lease to meet the needs of the lessee for habitation purposes,
providing such increase in no way infringes upon the rights
of adjacent existing leases, permits or rights of way.
4. The application for a homesite lease shall be made in
first person by the prospective lessee. The applications
will be considered on a first come first served basis.
5. Leases will be awarded by the Tribal Council or its
authorized representative. Leases shall be for a 25-year
term with an option to renew for an additional 25-year period.
Rental rates for homesite leases to Tribal members will be
set by Tribal Resolution with rental to be paid five years in
advance. Rentals will be re-evaluated every five years with
rental to be paid in advance each five years. In the event
undue hardship is caused by such advance payment, special
waiver may be approved by the Economic Development Committee.
6. It shall be the responsibility of the lessee to fence the
boundary of his lease to prevent trespass.
7. All permanent improvements existing on the land shall be
maintained in good repair.
8. The lessee shall be responsible for any damage to the
land within his lease or damage to outside lands or people
through his willful negligence or misuse of the land.
E. Rights of Way, Easements, and Revocable Permits
Rights of way and easements may be granted by the
Superintendent, Flathead Agency, upon approval of the Tribal
Council or its authorized representative. Rights of way and
easements will be granted in accordance with 25 CFR 161.
Revocable permits shall be used to authorize entry upon or
occupancy of Tribal lands or property. Such permits are not to be
taken or construed as granting any leasehold interest or right in
or to the land described therein, but are merely temporary permits,
terminable and revocable in the discretion of the Tribal Council or
their authorized representative at any time.
Revocable permits may be issued as follows:
1. Application will be made to the Tribal Realty Office in
writing, showing location of road or trail, pipeline or other
property use to be made thereof and length of time needed and
offer of payment for use or damages.
2. The application will be referred to the Economic
Development Committee for approval. Such approval shall
constitute authority for the Tribal Council or its authorized
representative to execute a use permit with no further approval
required from the Superintendent.
III GRAZING PERMITS
A. General
This ordinance shall apply to all grazing lands within the
Flathead Reservation and all other grazing lands now owned or that
may be received as a gift, grant, or purchase or in any other way
placed under the jurisdiction of the Tribal Council, with the
exception of lands which have been leased to individual Indians as
farms, homesites, and business sites. Also to be excepted from
this Ordinance are any lands reserved by the Council as "Special
Use Areas" for any other purpose.
B. Range Units
1. All range lands within the Flathead Reservation or
otherwise under the administration of the Tribal Council shall
be divided into Range Units. Lands included in units must be
continguous and manageable as a unit. All other lands will be
offered for lease under Section II. The boundaries of such
Range Units shall be defined in the Land Use Plan. Adjustments
in these boundaries for resources management purposes or to
include newly acquired lands may be made by the Tribal Council
or its authorized representative upon the recommendation of the
Superintendent and the Economic Development Committee.
2. Carrying capacity for these Range Unites shall be
determined in accordance with the Code of Federal Regulations,
Title 25, Part 151.
3. Grazing units or parts thereof which utilization studies
or other surveys show to be deteriorating may be closed to
grazing by the Tribal Council or its authorized representative
for such time as it deems necessary to permit the recovery of
the forage. In the event of the necessity of such action to
conserve range resources, the Superintendent shall take such
steps as are necessary to remove all livestock and close the
area to grazing.
4. At any time the size or carrying capacity of a range unit
is reduced while it is under permit to a range user,
adjustments shall be made in the charges for range use. When a
range unit or any part thereof is revoked for any reason other
than revocation for due cause as stipulated in Part C, 6,
"Revoking Permits" or for the protection of a Range Unit as
described in 3 above, adjustment in fees and changes in size of
carrying capacity of a unit will be made at the end of a
grazing season where possible. If it becomes necessary to
adjust the size or carrying capacity or a unit will be made at
the end of a grazing season where possible. If it becomes
necessary to adjust the size or carrying capacity of a unit,
due consideration will be given the range user. The range user
shall be allowed not less than 30 days nor more than 120 days
to remove his livestock and property unless he can present just
cause before the Council for the allowance of additional time
so as to cause the least amount of damage or inconvenience to
the permittee.
5. If at any time a permittee feels that the carrying capacity
of a range unit is set too high or too low, the permittee shall
have the right to request that an investigation be made.
Carrying capacities shall then be adjusted in accordance with
the findings of such investigation and in accordance with the
code of Federal Regulations, Title 25, Part 151.
C. Issuance of Permits
1. Allocations
a. Any enrolled adult member of The Confederated Salish
and Kootenai Tribes is eligible to hold a grazing permit.
Any group or association of Tribal members who are
organized with the approval of the Tribal Council will
be eligible to hold a grazing permit.
b. Any individual, group or association of individuals
requesting a grazing permit on the Flathead Reservation
must comply with all the following stipulations:
(1) Show proof of ownership of all livestock to
be grazed under the permit.
(2) Show, to the satisfaction of the Economic
Development Committee, that he is physically,
mentally, and financially prepared to properly
care for the livestock to be grazed.
(3) Show proof that he has a recognized
registered brand recorded with the State of
Montana Livestock Commission in his name or
in the name of the group or association, whichever
the case may be, at the time of application
and that all livestock grazed carry this brand.
(4) Make application to the Superintendent or
the Tribal Secretary on the prescribed form at
least seven months prior to the expiration date
of existing permits who in turn will present
the applications to the Economic Development
Committee for final approval. The Superintendent
may then issue a permit.
2. Advertisements
Tribal range lands that are temporarily surplus to the
needs of Indian stockmen or presently unusable to them will be
advertised for competitive bids in accordance with 25 CFR 151.
3. Tenure
Grazing permits for each range unit shall state the number
of livestock to be grazed, the kind of livestock, the season of
use and fees due. Permits shall be written for not less than
one nor more than five years. Upon the expiration of 90 days
after the effective date of this Ordinance, no livestock shall
be allowed to graze upon the range lands of The Confederated
Salish and Kootenai Tribes, outside of individual
farm-pasture leases except by authority of a grazing permit
issued by the Agency Superintendent.
Any livestock found grazing on Tribal lands as described
in Part A, "Range Use" outside of individual farm-pasture
leases, that are not authorized by a bona fide grazing permit
after the said period of grace, shall be considered in trespass
and action taken in accordance with Part D, "Trespass", of
these regulations.
4. Grazing Fees
a. Minimum grazing fees to be charged for both allocations
and advertised units will be set by the Tribal Council six
months prior to each permit period.
b. Grazing fees charged will be based on a specified rate
per animal unit months authorized to be grazed.
c. The established allocations will be renewed and the
rate per A.U.M. for allocations shall be charged all
allocatees. If there is more than one applicant for
any one new or unallocated range unit, the established
rate per A.U.M. will be used as a minimum bid. Applicants
for the new range unit will be allowed to bid competitively
by sealed bid for the permit with award to the highest
bidder.
d. The established rate per A.U.M. for advertised units
shall be the minimum acceptable bid on all range units
advertised to the public for competitive bids.
e. No free grazing shall be permitted on any grazing unit
covered by these regulations.
f. The grazing year shall be January 1 to December 31.
Grazing fees shall be paid yearly, in advance, and shall
become due December 1. Fees not paid by January 1 will be
delinquent as of that date. Failure to negotiate for the
payment of grazing fees by February 1 will be due cause for
revoking the grazing permit.
5. Improvements
a. All improvements placed on the Flathead Reservation
grazing lands shall become the property of the Tribes
unless definite arrangements to the contrary are made and
so stated in the grazing permit.
b. The Tribal Council or its authorized representative
shall have authority (subject to the approval of the
Superintendent) to give a permittee credit on the amount
due for a grazing fee for improvements put on the Range
Unit. This shall include only improvements which will add
to the value of the grazing land to the Tribes and shall
not include improvements which are primarily for the
convenience of the permittee in handling his livestock.
Any such agreement must be made prior to the beginning of
the permit period and such agreement shall become a part of
the grazing permit.
c. In the case of competitive bidding for any range unit,
no proposal for installation of improvements in lieu of
grazing fees shall be acceptable as a part of any bid. The
highest bidder will be determined on the basis of a cash
offer and any arrangements concerning allowance for
improvements made will be negotiated after the highest
bidder on a cash basis has been determined.
6. Revoking Permits
All permits shall be revocable by the Superintendent under
the terms and conditions set forth in 25 CFR 151.
D. Trespass
1. Any member or recognized association of members of The
Confederated Salish and Kootenai Tribes or any other Indian who
allows any livestock to graze or cross any range lands under
the jurisdiction of The Confederated Salish and Kootenai Tribes
without a valid permit shall be deemed guilty of an offense
against an Ordinance of the Tribes and subject to Tribal Court
action.
2. Any person or persons holding a grazing permit issued by
authority of these regulations who fails to comply with the
stipulations set forth within the grazing permit shall be
deemed in trespass or violation of permit, and shall be subject
to penalties as set forth in 25 CFR 151.
3. Non-Indians who allow any livestock to graze or cross any
range lands under the jurisdiction of the Tribes without a
valid permit shall be deemed guilty of trespass and shall be
subject to penalties as set forth in 25 CFR 151.
IV LAND ACQUISITION AND DISPOSAL PROGRAM
A. General
1. It is the intent of the Tribes to improve their economic
base and that of their members by consolidating their land
holdings into more manageable units and purchasing lands that
are needed for expansion of both Tribal and individual
operations. Special consideration will be given to the
acquisition of "key tracts", exchange or sale of isolated
tracts, tracts adjacent to Tribal lands, tracts useful for
commercial or industrial purposes, tracts needed by Tribal
members to expand their operations, and the elimination of
fractionated heirship within the Reservation. Tribal land
purchases and Tribal sales to members will be carried out under
the authorization of the Act of July 18, 1968, P.L. 90-402.
2. All applications for the sale to, or exchange of land with
the Tribes shall be reviewed by the Economic Development
Committee and forwarded to the Council with their
recommendations. The Superintendent shall furnish to the
Committee for their review copies of all approved applications
filed by individual Indians for patents in fee, supervised
sales, and orders removing restrictions. The Committee shall
recommend to the Council acquisition of any tract covered in
such applications upon determining that the purchase is
necessary or desirable to carry out the land purchase program;
otherwise, they shall recommend against acquisition.
B. Land Purchases - Tribal Use Only.
1. To be given first priority for purchase or exchange are
tracts that are needed to block out and consolidate use areas
specified in the Land Use Plan, Part I, D, of this Ordinance.
2. Commercial and industrial sites may be purchased for
establishment or expansion of Tribal enterprises, or for the
purpose of leasing to promote employment and the overall
economic development of the Reservation area. Plans must be
developed to insure beneficial use prior to approval by the
Council.
3. Lands may be purchased for the establishment of homesite
and recreation areas. Plans must be developed to insure
beneficial use prior to approval by Council.
4. Where required, lands may be acquired for rights of way to
insure access to tribal property.
C. Land Purchase - For Resale to Tribal Members
1. Lands not included in"B" above and located within the
boundaries of the Reservation may be purchased by the Tribes
for resale to individual Indians for the purpose of helping
them to improve their economic and social conditions. Any
lands so acquired by the Tribes shall be held for resale to
enrolled Tribal members. All rights and privileges purchased
by the Tribe shall be conveyed to the purchasing Tribal member
except as prescribed herein.
2. Any land acquired under this program shall be taken in the
name of "The United States of America in Trust for The
Confederated Salish and Kootenia Tribes of the Flathead Indian
Reservation", pursuant to Public Law 90-402.
3. The Tribal Council is authorized to establish a plan of
operation for the resale of Tribal land to Tribal members
either for cash or by financing through the Tribal Credit
Program according to the rules and regulations established
therein. In addition to the stipulations as set forth in
this Ordinance resale of such lands will be in accord with the
approved plan or operation.
4. Tribal members seeking to acquire specific land having
or to be purchased by the Tribes for resale, shall make
application to the Tribal Council through the Tribal Realty
Officer to effect the purchase. The applicant must identify
positively the land desired, present evidence of ability to
finance the purchase, and otherwise agree to the following
stipulations:
a. Tribal member applicants must provide assurance that
they are acting in good faith for themselves and their
immediate families and no one else and that the proposed
purchase is on behalf of the applicant and his immediate
family and not on behalf of any other person, directly or
indirectly.
b. Every land purchase agreement and every deed from the
Tribes to an enrolled member covering lands acquired under
this Ordinance, whether or not sold on a deferred-payment
basis, shall contain conditions in substance as follows:
All deeds, contracts or legal documents conveying
title of such Tribal land to members of the Tribes must
contain a reversionary right whereby the Tribes will
reserve a ten-year option to retake title upon payment
to the owners of the then current fair market value of
the property in the event the property is placed for
sale, taken out of trust status, inherited or any way
removed from the original purchaser. If at any time
during this ten year period this right is waived,
it must be in writing, identify the instrument and
land involved, be signed by the Tribal officials
authorized to convey land titles, and made an
official document suitable for recording in Bureau
of Indian Affairs Titles and Records plant.
D. Exchanges - Tribal Land for other Property
Upon approval of the Secretary of Interior, Tribal lands may be
exchanged for other lands of comparable value after a determination
has been made by the Tribal Council that such trade is in the best
interest of the Tribes and members thereof. Provisions of Section
IV C of this Ordinance are not applicable to these transactions.
E. Sales - Tribal Lands Owned Prior to July 18, 1968
Any lands owned by the Tribes prior to the enactment of Public
Law 90-402, dated July 18, 1968, may be sold only after special
legislation enacted by the Congress of the United States. The only
Tribal lands for which such legislation may be requested are those
isolated tracts that present difficult management problems and no
suitable exchange can be negotiated.
F. Provisions to Minimize Fractionated Heirship Problems
As an aid to Tribal members involved in uneconomic and
unmanageable multiple ownership problems and to avoid the constant
threat of such tracts going to fee status, the Tribal Council may
acquire undivided interests in such tracts as they become available
for purchase either for sale to members of the Tribes pursuant to
Section IV C or for Tribal use pursuant to Section IV B herein.
V BONDING
A. General
All leases and permits will be protected by an adquate
performance bond except as specified in D below.
All collections from bonds will be used to correct deficiencies
on the property involved.
B. Agricultural Leases and Permits
1. Tribal members - may post cash or negotiable securities,
corporate surety bonds or sign a special Power of Attorney to
withhold Tribal dividend payments in the amount specified for
the bond.
2. Non-members - will be required to post cash, negotiable
securities or corporate surety bonds in the amount specified
for the bond.
Corporate surety bonds will be accepted except in those cases
where it is determined by the Superintendent or the Tribal Council
that the best interests of the Tribes will be served by requiring
the posting of cash or negotiable securities.
C. Business, Commercial and Recreation Leases
Same as "B" above.
D. Homesite Leases and Revocable Permits
1. Tribal members - No bond will be required. Rentals will
be paid in advance.
2. Non-members - Bonds will be required at the discretion
of the Tribal Council. In the event bonds are required,
Section B, 2 above will apply.
C E R T I F I C A T E
The foregoing (ordinance) was duly adopted on January 5, 1973,
at a meeting of the Tribal Council of The Confederated Salish and
Kootenai Tribes of the Flathead Reservation, Montana, by a vote
of 7 for, 0 opposed, and 0 not voting,
pursuant to authority vested in it by Section 1 (a), (c), (d), (f),
(g), (h), (i), (j), (n), (o), (p), and (u), Section 3, Article VI
and Article VIII, of the Tribes' Constitution and By-Laws, adopted
on September 25, 1935, and approved by the Secretary of Interior on
October 28, 1935, and as amended by the Tribes on December 10,
1948, and approved by the Secretary of Interior on December 22,
1847, and further amended by the Tribes April 1, 1960, and approved
by the Secretary of Interior on May 5, 1960.
______________________________
Chairman, Tribal Council
ATTEST:
___________________________
Tribal Secretary
RECOMMENDED:
Albert M. Rennie
Acting Superintendent
No. 45-B
Amendment #1
ORDINANCE
OF THE GOVERNING BODY OF
THE CONFEDERATED SALISH AND KOOTENAI TRIBES
OF THE FLATHEAD RESERVATION
an Indian Chartered Corporation
AN ORDINANCE RESCINDING PARAGRAPH 3 ONLY OF SECTION D, TITLED,
TRESPASS OF PART III, TITLED, GRAZING PERMITS, OF LAND ORDINANCE
45B OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES ADOPTED ON
JANUARY 5, 1973.
BE IT ENACTED by the Tribal Council of The Confederated Salish
and Kootenai Tribes of the Flathead Reservation, Montana, that
Land Ordinance 45B be hereby amended to eliminate only from
Ordinance 45B paragraph 3 found in Part III, Grazing Permits,
of Section D, titled Trespass.
Ordinance No. 45 B
Amendment No. 10
ORDINANCE
OF THE GOVERNING BODY OF
THE CONFEDERATED SALISH AND KOOTENAI TRIBES
OF THE FLATHEAD INDIAN RESERVATION
BE IT ENACTED BY THE TRIBAL COUNCIL OF THE CONFEDERATED SALISH AND
KOOTENAI TRIBES THAT TRIBAL ORDINANCE 45B - SECTION II (B), BE ADDED
TO STATE THE FOLLOWING CONDITION:
10. All leases covering the use of Tribal lands shall
be payable to The Confederated Salish and Kootenai
Tribes by the Lessee only. Leases rentals paid by
other than the lessee will not be accepted.
C E R T I F I C A T E
The foregoing resolution was duly adopted on March 13, 1981,
by the Tribal Council of the Confederated Salish and Kootenai Tribes
of the Flathead Reservation at a meeting at which a quorum was present
by a vote of 8 for, 0 opposed, and 2 not voting, pursuant
to authority vested in it by Article VI, Sec. 1, (a) (d) (u), Sec. 2,
of the Tribes Constitution and By-Laws approved by the Secretary of
the Interior of October 28, 1935, and as amended by Secretarial Order
approved January 20, 1960, adopted by the Tribes on April 1, 1960,
approved as amended by the Secretary of the Interior on May 5, 1960,
pursuant to Section 17 of the Act of June 18, 1934 (48 Stat. 984),
the Act of June 24, 1946 (60 Stat. 302), and the Act of July 18, 1968
(PL 90-402).
_________________________
Chairman, Tribal Council
ATTEST:
_____________________________
Tribal Secretary
Ordinance No. 45 B
Amendment No. 11
RESOLUTION
OF THE GOVERNING BODY OF
THE CONFEDERATED SALISH AND KOOTENAI TRIBES
OF THE FLATHEAD INDIAN RESERVATION
BE IT ENACTED BY THE TRIBAL COUNCIL OF THE CONFEDERATED SALISH
AND KOOTENAI TRIBES THAT TRIBAL ORDINANCE 45B-SECTION 11, PART D,
PARAGRAPH 1, BE CHANGED TO STATE THE FOLLOWING CONDITION:
Homesite leases shall be granted first priority in
designated townsites or homesite tracts. Second
priority may be given to individual requests in
non-designated areas. Requests for homesite leases
in non-designated areas will be made through the
Economic Development Committee (EDC) and final
approval or disapproval by the Tribal Council. The
homesite lease request may be disapproved because
of percolation tests, or wildlife habitat, or some
other reason the Council may feel appropriate. The
Tribes will not pay for power, water, sewer, road
maintenance, fencing, or any other costs that may
arise for a homesite in a non-designated or designated
area, unless it is decided by the Tribal
Council to approved such a cost.
C E R T I F I C A T E
The foregoing resolution was duly adopted on March 12, 1982,
by the Tribal Council of the Confederated Salish and Kootenai
Tribes of the Flathead Reservation at a meeting at which a quorum
was present by a vote of 8 for, 0 opposed, and 0 not voting,
pursuant to authority vested in it by Article VI, Sec. 1, (a) (d) (u),
Sec. 2, of the Tribes Constitution and By-Laws approved by the
Secretary of the Interior of October 28, 1935, and as amended by
Secretarial Order approved January 20, 1960, adopted by the Tribes
on April 1, 1960, approved as amended by the Secretary of the Interior
on May 5, 1960, pursuant to Section 17 of the Act of June 18, 1934
(48 Stat. 984), the Act of June 24, 1946 (60 Stat. 302), and the Act
of July 18, 1968 (PL 90-402).
____________________________
Chairman, Tribal Council
ATTEST:
___________________________________
Executive Tribal Secretary
45-B Amend. #12
ORDINANCE
OF THE GOVERNING BODY OF
THE CONFEDERATED SALISH AND KOOTENAI TRIBES
OF THE FLATHEAD INDIAN RESERVATION
BE IT ENACTED BY THE TRIBAL COUNCIL OF THE CONFEDERATED SALISH
AND KOOTENAI TRIBES THAT TRIBAL ORDINANCE 45-B SECTION II, PART
B, PARAGRAPH 9 & 10, BE IT ADDED TO STATE THE FOLLOWING CONDITIONS:
9. All livestock run on Tribal Farm/Pasture Leases
will be marked to show proof of ownership.
10. There will be no sub-leasing of Tribal Farm/Pasture
leases.
a. Sub-leasing defined: The act of willfully
allowing parties, other than the party for
whom the lease or permit is issued to, to
use the property as if it were leased or
permitted to them.
b. The lessees livestock brand will be allowed
on Tribal Leases in his or her name and the
registered brands of immediate family members
(Spouse, Father, Mother, Son, Daughter, Brother,
Sister) who are enrolled Tribal members may
use the lease in common with the lessee provided
they are in a farming or ranching
operation together.
c. Violation of the sub-leasing provision will
be cause for cancellation of the lease and
all other Tribal Farm/Pasture Leases and
grazing permit privileges that the lessee
and sub-lessee may have with the Tribal at
time of violation. Both the lessee and
sub-lessee will be ineligible to lease or obtain
grazing permit privileges on Tribal lands for
five (5) years following cancellation. The
Tribal Council will approve or disapprove
cancellations.
C E R T I F I C A T I O N
The foregoing resolution was duly adopted on June 18, 1982,
by the Tribal Council of the Confederated Salish and Kootenai
Tribes of the Flathead Reservation at a meeting at which a
quorum was present by a vote of 9 for, 0 opposed, and
0 not voting, pursuant to authority vested in it by Article
VI, Section 1, (a), (d), and (u), Section 2, of the Tribes
Constitution and By-Laws: approved by the Secretary of the Interior
of October 28, 1935, and as amended by Secretarial Order approved
January 20, 1960, adopted by the Tribes on April 1, 1960, approved
as amended Secretary of the Interior on May 5, 1960, pursuant to
section 17 of the Act of June 18, 1934 (48 Stat. 984), the Act of
June 24, 1946 (60 state. 302), and the Act of July 18, 1968 (PL 90-402).
(2)
No. 45-B Amend. #12
_____________________________
Chairman, Tribal Council
ATTEST:
_____________________________
Executive Secretary
Ordinance 45-B
Amendment No. 13
ORDINANCE
OF THE GOVERNING BODY OF
THE CONFEDERATED SALISH AND KOOTENAI TRIBES
OF THE FLATHEAD INDIAN RESERVATION
BE IT ENACTED BY THE TRIBAL COUNCIL OF THE CONFEDERATED SALISH AND
KOOTENAI TRIBES THAT TRIBAL ORDINANCE 45B-SECTION III, PART E.
SUB-LEASING, BE ADDED TO STATE THE FOLLOWING CONDITIONS:
1. All livestock run on Tribal Range Permits will be
marked to show proof of ownership.
2. There will be no sub-leasing of grazing privileges
on Tribal Range Permits.
a. Sub-leasing defined: The act of willfully allowing
parties, other than the party for whom the
lease or permit is issued to, to use the property
as if it were leased or permitted to them.
b. Immediate family members won't be allowed to run
livestock on Range Permits unless their name is
also on the permit.
c. Violation of the sub-leasing provision will be
cause for cancellation of the permit or in the
cause of permits where there are more than one
permittee, the party or parties at fault only will
have their permit privileges revoked. All other
Farm/Pasture leases and grazing permit privileges
held by the parties at fault, at the time of
cancellation, will also be revoked. Both the permittee
or permittees at fault and the sub-lessee will be
ineligible to lease or obtain grazing permit
privileges on Tribal lands for five years following
cancellation. The Tribal Council will approve or
disapprove cancellation.
C E R T I F I C A T E
The foregoing resolution was duly adopted on June 18, 1982, by the
Tribal Council of the Confederated Salish and Kootenai Tribes of the
Flathead Reservation at a meeting at which a quorum was present by a
vote of 9 for, 0 opposed, and 0 not voting, pursuant to authority vested
in it by Article VI, Sec. 1, (a) (d) (u), Sec. 2, of the Tribes
Constitution and By-Laws approved by the Secretary of the Interior of
October 28, 1935, and as amended by Secretarial Order approved January
20, 1960, adopted by the Tribes on April 1, 1960, approved as amended by
the Secretary of the Interior on May 5, 1960, pursuant to Sec. 17 of the
Act of June 18, 1934 (48 Stat. 984), the Act of June 24, 1946 (60 Stat.
302), and the Act of July 18, 1968 (PL 90-402).
___________________________
Chairman, Tribal Council
ATTEST:
______________________________
Executive Secretary
Ordinance 45-B
Amendment No. 14
ORDINANCE
OF THE GOVERNING BODY OF
THE CONFEDERATION SALISH AND KOOTENAI TRIBES
OF THE FLATHEAD INDIAN RESERVATION
BE IT ENACTED BY THE TRIBAL COUNCIL OF THE CONFEDERATED SALISH AND
KOOTENAI TRIBES THAT TRIBAL ORDINANCE 45B-SECTION III, PART C b.(3)
BE CHANGED TO STATE THE FOLLOWING:
Show proof that he has a recognized registered
brand recorded with the State of Montana Livestock
Commission and the brand is in his name
only or in the name of the group or association,
whichever the case may be, at the time of
application and that all livestock grazed carry
this brand. Exception, the brand may be recorded
in the name of the permittee and his spouse
provided they are both Tribal Members.
C E R T I F I C A T E
The foregoing resolution was duly adopted on June 18, 1982,
by the Tribal Council of the Confederated Salish and Kootenai Tribes
of the Flathead Reservation at a meeting at which a quorum was
present by a vote of 9 for, 0 opposed, and 0, no voting,
pursuant to authority vested in it by Article VI, Sec. 1, (a) (d)
(u), Sec. 2, of the Tribes Constitution and By-Laws approved by the
Secretary of the Interior of October 28, 1935, and as amended by
Secretarial Order approved January 20, 1960, adopted by the Tribes
on April 1, 1960, approved as amended by the Secretary of the Interior
on May 5, 1960, pursuant to section 17 of the Act of June 18, 1934
(48 Stat. 984), the Act of June 24, 1946 (60 Stat. 302), and the
Act of July 18, 1968 (PL 90-402).
_______________________________
Chairman, Tribal Council
ATTEST:
____________________________
Acting Executive Secretary
Ordinance 45-B
Amendment No. 15
RESOLUTION
OF THE GOVERNING BODY OF
THE CONFEDERATED SALISH AND KOOTENAI TRIBES
OF THE FLATHEAD INDIAN RESERVATION
BE IT ENACTED BY THE TRIBAL COUNCIL OF THE CONFEDERATED SALISH AND
KOOTENAI TRIBES THAT TRIBAL ORDINANCE 45B-SECTION II, PART D, PARAGRAPH
9, BE REVISED TO STATE THE FOLLOWING CONDITION:
"All buildings and improvements to be placed
on leased land under a homesite agreement will
revert to the Tribes if the lessee transfers
their improvements to anyone other than their
immediate family; this would mean heirs, devisees,
or successors are considered immediate family.
However the homesite lessee may request through
the Tribal Council permission to transfer their
improvements to another enrolled Tribal Member."
C E R T I F I C A T E
The foregoing resolution was duly adopted on July 2, 1982,
by the Tribal Council of the Confederated Salish and Kootenai Tribes of
the Flathead Reservation at a meeting at which a quorum was present by
a vote of 10 for, 0 opposed, and 0 not voting, pursuant to authority
vested in it by Article VI, Sec. 1, (a) (d) (u), Sec. 2, of the Tribes
Constitution and By-Laws approved by the Secretary of the Interior of
October 28, 1935, and as amended by Secretarial Order approved January
20, 1960, adopted by the Tribes on April 1, 1960, approved as amended by
the Secretary of the Interior on May 5, 1960, pursuant to Sec. 17 of the
Act of June 18, 1934 (48 Stat. 984), the Act of June 24, 1946 (60 Stat.
302), and the Act of July 18, 1968 (PL 90-402).
_____________________________
Chairman, Tribal Council
ATTEST:
____________________________
Executive Secretary
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