01-10-75
ORDINANCE No. 59A
OF THE GOVERNING BODY OF
THE CONFEDERATED SALISH AND KOOTENAI TRIBES
OF THE FLATHEAD RESERVATION
PROVIDING FOR THE CONTROL OF LIVESTOCK TRESPASSING ON
TRIBAL OR INDIVIDUAL TRUST INDIAN LANDS OF THE FLATHEAD
RESERVATION.
WHEREAS, Section 1 (1) of Article VI, of the Constitution and Bylaws
of the Confederated Salish and Kootenai Tribes authorizes the Tribal
Governing Body to promulgate and enforce ordinances which shall be
subject to review by the Secretary of the Interior, governing the
conduct of members of the Confederated Salish and Kootenai Tribes
and providing for the maintenance of law and order and the
administration of justice by the establishment of an Indian Court and
defining its powers and duties; and
WHEREAS, Section 1 (a) of Article VI of the Constitution of the
Confederated Salish and Kootenai Tribes authorized the Tribal
Governing Body to protect and preserve the property, wildlife
and natural resources of the Confederated Tribes;---and---to
protect the health, security, and general welfare of the
Confederated Tribes; and
WHEREAS, there are domestic animals running and grazing at
large without proper authorization of the Reservation; and
WHEREAS, it is the responsibility and desire of the Tribal
Governing Body to protect the natural resources of the Reservation
and to encourage full compensation to the owners thereof for use;
now, therefore,
BE IT ENACTED, by the Tribal Council of the Confederated Salish
and Kootenai Tribes that thirty (3) days after approval of this
Ordinance, and thence forward, it shall be unlawful for any live-
stock or domestic animal to be allowed, by any person, to graze
or run at large on restricted Indian lands, other than a Tribal
member on his own trust lands, without an authorization or use
agreement approved in accordance with the Federal regulations
and/or Tribal Ordinances governing.
Section 1. Definitions. As used in this Ordinance:
a. "Tribe means the Confederated Salish and Kootenai
Tribes of the Flathead Reservation, Montana;
b. "Reservation" means the Flathead Indian Reservation,
Montana;
c. "Council" means the Council of the Confederated Salish
d. "Tribal Court" means the court established by the
Tribes;
e. "Secretary" means the Tribal Secretary;
f. "Livestock Officer" means the officer appointed by
the Council and includes such other persons acting under his
authority or otherwise designated by the Council to carry out
and enforce this Ordinance:
g. "Trespassing Livestock" means any bovine animal,
horse, mule, swine, sheep or goat, running at large without
authorization on Tribal land or land held in trust by the United
States for individual Indians, whether fenced or unfenced, within
the exterior bounds of the Reservation, that falls within one or
more of the following classes:
(1) The owner of the trespassing livestock is unknown in
the locality where the livestock are found, or the owner is known
but cannot with reasonable diligence be found;
(2) The trespassing livestock are unbranded or unmarked,
except unweaned animals running with their mothers who bear a
brand or mark;
(3) The trespassing livestock is branded with two or more
brands and the ownership is disputed;
(4) The owner of the trespassing livestock is known but
does not have an applicable authorization or use arrangement
approved in accordance with the Federal Regulations governing.
h. "Service" or "to serve" as used in this Ordinance
means one or the other of the following:
(1) Delivery to the designated person by handling such
person a true and correct copy of a notice or other paper, or
by leaving a copy at his dwelling house or usual place of abode,
with a person of suitable age and discretion then residing therein;
(2) Delivery by certified mail, return receipt requested,
to the address, if known, or to the last know address, of the
designated person.
Service shall be made by a person at least eighteen years
of age and proof of such service shall be made by such person by
filing with the Livestock Office a statement certifying the date,
place and manner of service.
Section 2. Impoundment where the owner is not known. The
Livestock Officer may impound trespassing livestock that falls into one
or more of the classes of Section 1-g of this Ordinance. Before taking
such action, the Livestock Officer shall inspect the trespassing live-
stock for brands or other evidence of ownership, and shall make a
diligent effort to learn or determine the ownership of such trespassing
livestock. In his discretion, the Livestock Officer may hold such
trespassing livestock for note more than ten days after his inspection
to enable him to complete his investigation of ownership. If the owner
is found, the Livestock Officer shall serve the owner with notice as
provided in Section 3 of this Ordinance and shall proceed in accordance
with Section 3. If the owner is not found, the trespassing livestock
shall be sold in accordance with Section 4 of this Ordinance.
Section 3. Impoundment and notice where the owner of trespassing
livestock is known. If the owner of the trespassing livestock is known,
after impoundment, the Livestock Officer shall serve the owner in the
manner provided in Section 1-h of this Ordinance, with written notice of
such impoundment. The notice shall describe the livestock impounded,
including any brands or marks, the dates and place of trespass, and the
date and place of impoundment. A copy of this Ordinance shall accompany
the notice and the notice shall specify that not more than ten days
after the date of service of the notice, the owner may redeem the
trespassing livestock upon payment of the accrued costs and expenses as
hereinafter defined; otherwise the trespassing livestock will be sold in
accordance with the provisions of this Ordinance. The owner may redeem
the trespassing livestock within the time allowed upon payment of the
costs of feed and care incurred by the Tribes, and all other costs and
expenses incurred under authority of this Ordinance, including the costs
of time spent by the Livestock Officer and his assistants as measured by
the compensation paid to them by the Tribe; plus the reasonable
reimbursable expenses incurred by the Livestock Officer.
Section 4. Sale of trespassing livestock. If there is an
unsettled dispute as to the identity of the rightful owner of
trespassing livestock, or, when found, the rightful owner refuses or
fails within the time allowed, to pay the costs and charges specified
in Section 3 of this Ordinance, the Livestock Officer, either shall
send the trespassing livestock to the nearest available open market or
licensed sales ring where State brand inspection is maintained, and
shall direct that such livestock be there sold, or, at the option of
the Livestock Officer, the Livestock Officer shall sell the trespassing
livestock at public sale to the highest responsible bidder.
The Secretary shall execute and deliver a bill of sale from the
Tribes to the purchaser of such trespassing livestock.
Section 5. Disposition of proceeds of sale. From the proceeds
of any sale under Section 4 of this Ordinance, the Tribes shall be
reimbursed for all costs and expenses as defined in Section 3 of
this Ordinance, in carrying out the provisions of this Ordinance
and any remaining balance shall be deposited as an interest bearing
account in a bank or savings and loan institution, in the name of
the Tribes, in a special account identified as "Trespassing Live-
stock Account".
Should the proceeds of any sale under this Ordinance be
insufficient to pay all costs and expenses incurred under this
Ordinance, the deficit shall be paid by the Tribes.
Section 6. Payment to owner upon proof of ownership. The
remaining balance from the sale of trespassing livestock on deposit
in accordance with Section 5 of this Ordinance, together with accrued
interest, if any, shall be paid to the rightful owner of such
trespassing livestock, provided satisfactory proof of claim for such
payment is made within one year from the date of sale, otherwise such
balance shall be paid into the general account of the Tribes and any
and all claims against such balance shall stand extinguished.
If more than one person claims to be the rightful owner, no
payment shall be made except upon resolution of the dispute by the
claimants or by adjudication by any court of competent jurisdiction.
Jurisdiction is hereby conferred on the Tribal Court to adjudicate
such disputes; or, when all disputed owners so specify and request
the Tribal Court to take jurisdiction in these instances which one
or more the disputed owners is not a Tribal member.
Section 7. Destruction of diseased trespassing livestock.
The Livestock Officer is hereby authorized to destroy any trespassing
livestock certified by a licensed veterinarian to have any infectious,
contagious, or communicable disease, and that such destruction is
necessary to prevent the spread of disease. Neither the Tribes, the
Livestock Officer, nor any other tribal employee or agent shall be
liable for destroying such trespassing livestock.
Section 8. Liability for death or loss of trespassing livestock.
Neither the Tribes, the Livestock Officer, nor any other Tribal
employee or agent shall be liable for the loss of any trespassing
livestock by reason for the death of such trespassing livestock while
in the possession of the Tribes, the Livestock Officer, or any other
employee or agent of the Tribes.
Section 9. Reports of Livestock Officer. The Livestock
Officer shall file a report with the Secretary of the Tribes every
thirty days of all trespassing livestock and as to which action has
been taken under this Ordinance.
The report shall describe the livestock, identify any brands or other
marks, and set out the status of the action under this Ordinance. The
reports shall be open to the public for inspection and shall be retained
in the Tribal files for a period of ten (10) years.
Section 10. Notice of this Ordinance. As a convenience to the
public, this Ordinance shall be conspicuously posted in the Agency
Office, the Tribal Office, and in such other public places including
Post Offices on and adjacent to the Reservation as the Council may
direct. A classified advertisement shall be published in the news-
papers of general publication serving the Reservation, describing
the nature and purpose of the Ordinance, specifying that copies of
the Ordinance are available upon request at the Flathead Indian Agency
and the Tribal Office, and identifying the places where the full text
of the Ordinance is posted. Nothing stated in this section and no
action of failure to act under this section, shall affect the validity
of this Ordinance.
CERTIFICATION
The foregoing ordinance was adopted by the Tribal Council on the
10th day of January, 1975, with a vote of 9 for, 0 opposed, and 0
not voting, pursuant to authority vested in it by Article VI, Section 1
(a), (1) and (u) of the Tribes Constitution and Bylaws; said
Constitution adopted and approved under Section 16 of the Act of
June 18, 1934 (48 Stat. 984), as amended.
Vice-Chairman, Tribal Council
ATTEST:
The above Ordinance No 59A adopted 1/10/75 is hereby
favorably reviewed under authority delegated by 230
DM 1 (10 BIAM 2.1) and 10 BIAM 3.1.
Date: Feb 19, 1975 Area Director: (Sgd) James F. Genan
ORDINANCE
OF THE GOVERNING BODY OF
THE CONFEDERATED SALISH AND KOOTENAI TRIBES
OF THE FLATHEAD RESERVATION
an Indian Chartered Corporation
PROVIDING FOR THE CONTROL OF LIVESTOCK TRESPASSING ON
TRIBAL OR INDIVIDUAL TRUST INDIAN LANDS OF THE FLATHEAD
RESERVATION.
WHEREAS, Section 1 (L) of Article VI of the Constitution and By-laws
of the Confederated Salish and Kootenai Tribes authorized the Tribal
Governing Body to promulgate and enforce ordinances which shall be
subject to review by the Secretary of the Interior, governing the
conduct of members of The Confederated Salish and Kootenai Tribes
and providing for the maintenance of law and order and the
administration of justice by the establishment of an Indian Court and
defining its powers and duties, and
WHEREAS, Section 1 (a) of Article VI of the Constitution of the
Confederated Salish and Kootenai Tribes authorized the Tribal
Governing Body to protect and preserve the property, wildlife
and natural resources of the Confederated Tribes;---and---to
protect the health, security, and general welfare of the
Confederated Tribes, and
WHEREAS, there are domestic animals running and grazing at
large without proper authorization of the Reservation, and
WHEREAS, it is the responsibility and desire of the Tribal
Governing Body to protect the natural resources of the Reservation
and to encourage full compensation to the owners thereof for use;
therefore,
BE IT RESOLVED, by the Tribal Council of the Confederated Salish
and Kootenai Tribes in Tribal Council duly assembled as follows:
Section 1. Thirty (3) days after approval of this Ordinance, and
thence forward, it shall be unlawful for any livestock or domestic
to be allowed, by any person, to graze or run at large on restricted
Indian lands, other than a Tribal member on his own trust lands,
without an authorization or use agreement approved in accordance with
the Federal regulations and/or Tribal Ordinances governing.
ORDINANCE
AN ORDINANCE OF THE CONFEDERATED SALISH AND KOOTENAI TRIBAL COUNCIL
PROVIDING FOR THE CONTROL OF LIVESTOCK GRAZING AT LARGE IN VIOLATION
OF ORDINANCE NO.
WHEREAS, Ordinance No. Is in full force and effect, and
WHEREAS, it is necessary that procedures be established for the
purpose of enforcing Ordinance No. ; therefore,
BE IT ORDAINED, by the Tribal Council of The Confederated Salish
and Kootenai Tribes in Tribal Council duly assembled as follows:
Section 1. Definitions. As used in this Ordinance:
a. "Tribe means the Confederated Salish and Kootenai Tribes
of the Flathead Reservation, Montana;
b. "Reservation" means the Flathead Indian Reservation, of
Northwest Montana.
c. "Council" means the Council of the Confederated Salish and
Kootenai Tribes, governing body of the Tribes duly assembled;
d. "Tribal Court" means the court established by the Tribes;
e. "Secretary" means the Tribal Secretary;
f. "Livestock Officer" means the officer appointed by the
Council and includes other such persons acting under his
authority or otherwise designated by the Council to carry out
and enforce this Ordinance.
g. "Trespassing Livestock" means any bovine animal, horse, mule,
swine, sheep or goat, running at large without authorization
on Tribal land or land held in trust by the United States for
individual Indians whether fenced or unfenced, within the
exterior bounds of the Reservation, that falls within one
or more of the following classes:
(1) The owner of the trespassing livestock is unknown in
the locality where the livestock are found, or the owner is known
but cannot with reasonable diligence be found;
(2) The trespassing livestock are unbranded or unmarked,
except unweaned animals running with their mothers who bear a
brand or mark;
(3) The trespassing livestock is branded with two or more
brands and the ownership is disputed;
(4) The owner of the trespassing livestock is known but
does not have an applicable authorization or use arrangement
approved in accordance with the Federal Regulations governing.
h. "Service" or "to serve" as used in this Ordinance
means one or the other of the following:
(1) Delivery to the designated person by handling such
person a true and correct copy of a notice or other paper, or
by leaving a copy at his dwelling house or usual place of abode,
with a person of suitable age and discretion then residing therein;
(2) Delivery by certified mail, return receipt requested,
to the address, if known, or to the last know address, of the
designated person.
Service shall be made by a person at least eighteen years
of age and proof of such service shall be made by such person by
filing with the Livestock Office a statement certifying the date,
place and manner of service.
Section 2. Impoundment where the owner is not known. The
Livestock Officer may impound trespassing livestock that falls into one
or more of the classes of Section 1-g of this Ordinance. Before taking
such action, the Livestock Officer shall inspect the trespassing live-
stock for brands or other evidence of ownership, and shall make a
diligent effort to learn or determine the ownership of such trespassing
livestock. In his discretion, the Livestock Officer may hold such
trespassing livestock for note more than ten days after his inspection
to enable him to complete his investigation of ownership. If the owner
is found, the Livestock Officer shall serve the owner with notice as
provided in Section 3 of this Ordinance and shall proceed in accordance
with Section 3. If the owner is not found, the trespassing livestock
shall be sold in accordance with Section 4 of this Ordinance.
Section 3. Impoundment and notice where the owner of trespassing
livestock is known. If the owner of the trespassing livestock is known,
after impoundment, the Livestock Officer shall serve the owner in the
manner provided in Section 1-h of this Ordinance, with written notice of
such impoundment. The notice shall describe the livestock impounded,
including any brands or marks, the dates and place of trespass, and the
date and place of impoundment. A copy of this Ordinance shall accompany
the notice and the notice shall specify that not more than ten days
after the date of service of the notice, the owner may redeem the
trespassing livestock upon payment of the accrued costs and expenses as
hereinafter defined; otherwise the trespassing livestock will be sold in
accordance with the provisions of this Ordinance. The owner may redeem
the trespassing livestock within the time allowed upon payment of the
costs of feed and care incurred by the Tribes, and all other costs and
expenses incurred under authority of this Ordinance, including the costs
of time spent by the Livestock Officer and his assistants as measured by
the compensation paid to them by the Tribe; plus the reasonable
reimbursable expenses incurred by the Livestock Officer.
Section 4. Sale of trespassing livestock. If there is an
unsettled dispute as to the identity of the rightful owner of
trespassing livestock, or, when found, the rightful owner refuses or
fails within the time allowed, to pay the costs and charges specified
in Section 3 of this Ordinance, the Livestock Officer, either shall
send the trespassing livestock to the nearest available open market or
licensed sales ring where State brand inspection is maintained, and
shall direct that such livestock be there sold, or, at the option of
the Livestock Officer, the Livestock Officer shall sell the trespassing
livestock at public sale to the highest responsible bidder.
The Secretary shall execute and deliver a bill of sale from the
Tribes to the purchaser of such trespassing livestock.
Section 5. Disposition of proceeds of sale. From the proceeds
of any sale under Section 4 of this Ordinance, the Tribes shall be
reimbursed for all costs and expenses as defined in Section 3 of
this Ordinance, in carrying out the provisions of this Ordinance
and any remaining balance shall be deposited as an interest bearing
account in a bank or savings and loan institution, in the name of
the Tribes, in a special account identified as "Trespassing Live-
stock Account".
Should the proceeds of any sale under this Ordinance be
insufficient to pay all costs and expenses incurred under this
Ordinance, the deficit shall be paid by the Tribes.
Section 6. Payment to owner upon proof of ownership. The
remaining balance from the sale of trespassing livestock on deposit
in accordance with Section 5 of this Ordinance, together with accrued
interest, if any, shall be paid to the rightful owner of such
trespassing livestock, provided satisfactory proof of claim for such
payment is made within one year from the date of sale, otherwise such
balance shall be paid into the general account of the Tribes and any
and all claims against such balance shall stand extinguished.
If more than one person claims to be the rightful owner, no
payment shall be made except upon resolution of the dispute by the
claimants or by adjudication by any court of competent jurisdiction.
Jurisdiction is hereby conferred on the Tribal Court to adjudicate
such disputes; or, when all disputed owners so specify and request
the Tribal Court to take jurisdiction in these instances which one
or more the disputed owners is not a Tribal member.
Section 7. Destruction of diseased trespassing livestock.
The Livestock Officer is hereby authorized to destroy any trespassing
livestock certified by a licensed veterinarian to have any infectious,
contagious, or communicable disease, and that such destruction is
necessary to prevent the spread of disease. Neither the Tribes, the
Livestock Officer, nor any other tribal employee or agent shall be
liable for destroying such trespassing livestock.
Section 8. Liability for death or loss of trespassing livestock.
Neither the Tribes, the Livestock Officer, nor any other Tribal
employee or agent shall be liable for the loss of any trespassing
livestock by reason for the death of such trespassing livestock while
in the possession of the Tribes, the Livestock Officer, or any other
employee or agent of the Tribes.
Section 9. Reports of Livestock Officer. The Livestock
Officer shall file a report with the Secretary of the Tribes every
thirty days of all trespassing livestock and as to which action has
been taken under this Ordinance. The reports shall describe the
livestock, identify any brands or other marks, and set out the status
of the action under this Ordinance. The reports shall be open to the
public for inspection and shall be retained in the Tribal files for
a period of ten (10) years.
Section 10. Notice of this Ordinance. As a convenience to the
public, this Ordinance shall be conspicuously posted in the Agency
Office, the Tribal Office, and in such other public places including
Post Offices on and adjacent to the Reservation as the Council may
direct. A classified advertisement shall be published in the news-
papers of general publication serving the Reservation, describing
the nature and purpose of the Ordinance, specifying that copies of
the Ordinance are available upon request at the Flathead Indian Agency
and the Tribal Office, and identifying the places where the full text
of the Ordinance is posted. Nothing stated in this section and no
action of failure to act under this section, shall affect the validity
of this Ordinance.
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