Section
2401. Definitions.
2402. Permit Requirement.
2403. Prohibited Acts.
2404. Cutting or Maiming Wood.
2405. Duties of Bureau of Indian Affairs.
2406. Duties of Tribal Members.
2407. Permits for Firewood Harvest.
2408. Fees.
2409. Natural Resource Officer Powers; Confiscation.
2410. Failure to Comply with Directives.
2411. Unauthorized Removal of Wood.
2412. Jurisdiction.
2413. Penalties.
Cross References
Forestry, policy, goals and standards, see 11 MLBS §§ 126, 127.
§ 2401. Definitions.
The Band Assembly hereby defines the following terms as related to this chapter:
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(a) Firewood Harvest Permit. Shall mean a license issued by the Natural Resource Office or Clerk of Court which authorizes an enrolled member to cut trees and stumps in accordance with this chapter.
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(b) Identified or Marked Trees. Shall mean any and all trees marked for cutting with yellow paint.
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(c) Live Trees. Shall mean trees that are standing, bearing fruit or blossoms, or green leaves; whatever the tree species may be.
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(d) Salvage Trees/Dead or Down Trees. Shall mean any and all trees that are damaged or blown down.
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(e) Slash/Tops. Shall mean the branch extensions from a tree.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 22.
§ 2402. Permit Requirement.
Any enrolled member of the Minnesota Chippewa Tribe may harvest any species of tree provided he has a valid wood-cutting permit in his possession which designates the type of wood product to be cut and the legal cord amount authorized.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 16.
§ 2403. Prohibited Acts.
No enrolled member of the Minnesota Chippewa Tribe shall:
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(a) cut any unmarked species of wood product for firewood,
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(b) leave any stump that exceeds twelve inches in height from ground-base to top level of stump, unless provided for by permit,
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(c) leave tops which lie greater than four feet from the ground,
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(d) cut any species of wood for firewood purposes that is outside of the exterior boundaries of the permit's applicability,
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(e) leave any marked tree uncut and unfelled completely to the ground, or (f) be wasteful or misuse any species of wood or stumpage.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 16.01.
§ 2404. Cutting or Maiming Wood.
No enrolled member of the Minnesota Chippewa Tribe shall cut, maim or do anything which hinders the normal natural development of any species of wood while engaged in firewood harvest activity on tribal or Band trust property.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 16.02.
§ 2405. Duties of Bureau of Indian Affairs.
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(a) It shall be the jurisdiction of the Natural Resources section of the Minnesota Agency in consultation with the Band to designate any trust properties as eligible for harvestation. The Minnesota Agency shall be additionally responsible for identifying all species of trees for harvestation.
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(b) The Minnesota Agency of the Bureau of Indian Affairs shall recommend to the Band the amount of fees which may be charged by the Band for each cord of wood depending upon the species which is to be harvested.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 17.
§ 2406. Duties of Tribal Members.
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(a) Each member of the Minnesota Chippewa Tribe who is issued a permit to harvest firewood shall not harvest or deface any unmarked or unidentified trees lest he be liable for payment of three times the value of each tree harvested or defaced.
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(b) Each member of the Minnesota Chippewa Tribe who is issued a permit to harvest firewood shall be responsible for keeping all roads to the harvest site open and maintained in good condition.
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(c) Each member of the Minnesota Chippewa Tribe who is issued a permit to harvest firewood shall be responsible for providing his own labor, equipment (suitable cutting tools include chainsaws, axes, and other hand tools), supplies, transportation, supervision and incidentals necessary to perform the work.
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(d) Each member of the Minnesota Chippewa Tribe who is issued a permit to harvest firewood shall agree to indemnify and save and hold the Band harmless from any and all claims or causes of action relating to personal injury, death or damage to property arising from performance of the terms of the permit.
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(e) Each member of the Minnesota Chippewa Tribe who is issued a permit to harvest firewood shall possess salvage rights during the term of his permit on those lots he is permitted to harvest. All salvage felled trees shall be removed before each permit expires.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 18.
§ 2407. Permits for Firewood Harvest.
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(a) Any Natural Resource Officer or the Clerk of Court shall be authorized to issue to any enrolled member of the Minnesota Chippewa Tribe a permit to harvest firewood in accordance with the provisions of Band law.
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(b) Each permit issued shall expire thirty days from the date of issuance. Each tribal member shall be eligible to renew an expired permit for an additional fifteen days provided weather conditions hampered his attempts to harvest firewood.
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(c) All permits shall expire on the required delivery date stated upon any contractual agreement between the Band and the Bureau of Indian Affairs.
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(d) Each wood cutting permit issued to a member of the Minnesota Chippewa Tribe shall state what species of tree is authorized for cutting, whether live and/or dead trees are authorized for cutting, and the area of land where cutting shall be authorized.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 19.
§ 2408. Fees.
The Band Assembly hereby establishes the personal use fee for a firewood harvest permit as five dollars ($5.00). A vendor permit fee of twenty-five dollars ($25.00) shall be charged for firewood harvest. Additionally, a fee of five dollars ($5.00) is hereby established for each cord of wood harvested under a vendor's permit.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 23.
§ 2409. Natural Resource Officer Powers; Confiscation.
The Natural Resource Officer of the Band shall be authorized to monitor for compliance all provisions of this subchapter. He shall be empowered to issue citations for violations of this subchapter and confiscate property of any enrolled member for failure to comply with any legal desist order of the Natural Resource Officer for violations of law. Any confiscated property shall be held by the Band until the Court of Central Jurisdiction has issued a legal decision on the matter.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 20.
§ 2410. Failure to Comply with Directives.
Any enrolled member who is issued a permit to harvest firewood who fails to comply with a legal directive of the Natural Resource Officer shall after legal hearing before the Court of Central Jurisdiction have his permit revoked and/or be levied a fine not to exceed five hundred dollars ($500.00) and/or be banished from harvesting firewood for a period not to exceed two normal harvesting seasons.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 20.01.
§ 2411. Unauthorized Removal of Wood.
Any person who removes any species of wood without a valid permit shall be liable for a fine of three times the value of the wood. Said wood is hereby established as eighty dollars ($80.00) per cord.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 24.
§ 2412. Jurisdiction.
The Court of Central Jurisdiction shall have jurisdiction over all legal matters involved with this subchapter.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 21.
Cross References
Natural Resource Protection Code, jurisdiction, see 11 MLBS § 2601.
Subject-matter jurisdiction, Court of Central Jurisdiction, see 5 MLBS § 111.
§ 2413. Penalties.
The Court of Central Jurisdiction shall be authorized to issue any or all of the following punitive measures for violation(s) of provisions of this subchapter: probation, revocation of permit, fines-not to exceed five hundred dollars ($500.00), banishment from harvestation with any eligible trust property, and confiscation of woodcutting equipment to include chainsaws, axes and other hand tools and cutting supplies.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 21.01.