None Designated
CHAPTER 74
MINERAL RIGHTS
Section 74-1. MINERAL REWARD.
(a) Any tribal member who finds or discovers a commercially
workable deposit of minerals on tribal land will be paid a
reward of two hundred fifty dollars ($250). The reward is
contingent upon finder reporting the finding to the Business
Committee who shall then obtain samples through a qualified
mineralogist. If the mineralogist confirms the commercial
nature of the discovery the Business Committee shall
promptly pay the reward from tribal funds.
(b) The Tribe shall receive not less than ten per cent of the
net proceeds from the sale of such minerals or ore mineral
from any trust land.
SOURCE: Res. 43, eff. Nov. 20, 1936.
Section 74-2. URANIUM MINING.
(a) All prospecting permits and mining leases shall be executed
on forms approved by the Secretary of the Interior or his
duly authorized representative.
(b) A fee of twenty five dollars ($25) shall be charged for each
non-exclusive prospecting permit, which sum must be paid to
the Tribe at the time of application for such permit.
(c) All non-exclusive prospecting permits shall be issued for a
prescribed period of time of six months duration or less and
within the period from January 1 to June 30 and from July 1
to December 31 of each year. Applicants for non-exclusive
prospecting permits who apply at any time other than at the
start of one of the six month periods shall receive a permit
covering only the remaining term in the then current permit
period. It is the purpose of this section that all permits
shall terminate on the same date in order that a review of
the circumstances may be made at the end of each permit
period.
(d) The permit area may be defined as to any part of or may
include the entire reservation of the Eastern Band of
Cherokee Indians in North Carolina.
(e) The non-exclusive prospecting permit may grant to the
permittee a right, exercisable at any time during the term
of said permit, upon a discovery of ore in commercial
quantities, to apply for a mining lease on one parcel of not
to exceed forty acres of the land embraced in said permit.
(f) If an ore discovery is made and a lease is approved covering
said discovery, lands in the proximity to said discovery may
be included in an advertised sale of either mining leases or
exclusive prospecting permits containing a right to select a
lease or leases on 960 acres, subject to the acreage
limitation of federal regulations. However, if there is no
competitive interest in an advertised sale and it is to the
advantage of the Tribe, mining leases may be negotiated and
approved without advertising.
(g) Permits and leases shall be granted pursuant to federal law
and regulation and must comply with all laws and regulations
applicable to mineral leases on Indian lands.
SOURCE: Res. 34, eff. Dec. 5, 1955.
Section 74-3. TIMBER.
The Tribal Council hereby adopts a timber cutting policy which
shall be enforced by the Bureau of Indian Affairs and the Tribe.
(a) The Cherokee Agency Forester shall make an inspection of all
timber prior to any cutting by lessees on tribal and leased
property.
(b) Any timber cut on tribal lands which are leased from the
Tribe shall be designated for use by the Tribe or
distribution to the senior citizens or needy members of the
Tribe.
(c) Any person or firm violating the Timber Ordinance shall be
subject to a fine of five hundred dollars ($500).
(d) The Tribal Business Committee is authorized to enforce this
policy by collecting the subject fine of five hundred
dollars ($500) from any person or firm violating this Timber
Ordinance.
SOURCE: Ord. 154, eff. Apr. 19, 1990.
Section 74-4. TIMBER POLICY.
(a) Scope. This policy addresses the changes and additions
necessary for harvesting of forest products to continue,
from both tribal lands as well as possessory holdings. This
policy statement applies to all Eastern Band of Cherokee
Indian trust lands, and specifically to those lands which
are considered chiefly valuable for the production of forest
products or to maintain watershed or other land values
enhanced by a forest cover.
(b) Purpose. This policy statement sets forth measures to
control and monitor the harvest of lesser value forest
products through a permit system (paid and free use), as
well as providing an avenue of harvesting higher value
forest products by means of timber sales. These procedures
for harvesting any forest product will protect the Eastern
Band of Cherokee Indians forest resource.
(c) Definitions.
(1) "Tribal Member" shall mean a person who is officially
enrolled as a member of the Eastern Band of Cherokee
Indians.
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