TITLE XV. GOVERNMENT
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WAGANAKISING
ODAWA
TRIBAL CODE of LAW
TITLE XV. GOVERNMENT
DEPARTMENTS, PROGRAMS,
OFFICES, AND COMMISSIONS,
BOARDS AND COMMITTEES
2024.2
WANAKISING ODAWA TRIBAL CODE of LAW
TABLE OF CONTENTS
TITLE XV. GOVERNMENT DEPARTMENTS, PROGRAMS, OFFICES, AND
COMMISSIONS, BOARDS AND COMMITEES ................................................................ 1
Chapter 1. Executive Commissions, Boards and Committees ................................................. 1
15.101
PURPOSE .............................................................................................................. 1
15.102
RELATIONSHIP TO OTHER STATUTES ...................................................... 1
15.103
DEFINITIONS ...................................................................................................... 1
15.104
ESTABLISHMENT, DURATION AND AUTHORITY OF COMMISSIONS
AND COMMITTEES ........................................................................................... 2
15.105
ELIGIBILITY CRITERIA .................................................................................. 2
15.106
COMMISSION AND COMMITTEE APPOINTMENTS ................................ 3
15.107
TERMS OF MEMBERS ...................................................................................... 3
15.108
NUMBER OF MEMBERS................................................................................... 4
15.109
QUORUM REQUIREMENTS ............................................................................ 4
15.110
FREQUENCY OF MEETINGS .......................................................................... 4
15.111
OPEN MEETINGS ............................................................................................... 5
15.112
REPORTS AND RECORDS ............................................................................... 5
15.113
CLOSED SESSIONS ............................................................................................ 6
15.114
STIPENDS AND TRAVEL REIMBURSEMENT ............................................. 6
15.115
CONFLICT OF INTEREST ................................................................................ 7
15.116
RULES OF PROCEDURE .................................................................................. 7
15.117
APPLICATION OF INDIAN CIVIL RIGHTS ACT OF 1968.......................... 7
15.118
SAVINGS CLAUSE .............................................................................................. 7
15.119
EFFECTIVE DATE.............................................................................................. 8
Chapter 2. Removal of Commissioners...................................................................................... 9
15.201
SHORT TITLE AND PURPOSE ........................................................................ 9
15.202
REMOVAL OF COMMISSIONERS ................................................................. 9
15.203
ETHICS ............................................................................................................... 10
15.204
SEVERABILITY ................................................................................................ 10
15.205
EFFECTIVE DATE............................................................................................ 10
Chapter 3. Service of Commissioners ...................................................................................... 11
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WOTCL TITLE XV. GOVERNMENT DEPARTMENTS, PROGRAMS, OFFICES, AND COMMISSIONS,
BOARDS AND COMMITTEES last codified through March 1, 2024 – See Register for Details
Version 2024.2
15.301
CONTINUED SERVICE OF COMMISSIONERS ......................................... 11
Chapter 4. Odawa Property Managers .................................................................................... 12
15.401
REPEAL .............................................................................................................. 12
Chapter 5. Gijigowi Bibskaabiimi Department ...................................................................... 13
15.501
REPEAL .............................................................................................................. 13
Chapter 6. Enjinaaknegeng....................................................................................................... 14
15.601
PURPOSE ............................................................................................................ 14
15.602
DEFINITIONS .................................................................................................... 14
15.603
LEGAL DEPARTMENT AUTHORITY ......................................................... 15
15.604
LEGAL DEPARTMENT DUTIES ................................................................... 15
15.605
CONFIDENTIALITY AND ATTORNEY/CLIENT PRIVILEGE ............... 17
15.606
STAFFING .......................................................................................................... 18
15.607
BUDGET, PERSONNEL and ADMINISTRATIVE FUNCTIONS .............. 18
15.608
OTHER RELATED STATUTES ...................................................................... 19
15.609
SAVINGS CLAUSE ........................................................................................... 20
15.610
EFFECTIVE DATE ........................................................................................... 20
Chapter 7. Eshkiniigijik-Tribal Youth Services ..................................................................... 21
15.701
PURPOSE ............................................................................................................ 21
15.702
DEFINITIONS .................................................................................................... 21
15.703
CREATION OF THE DEPARTMENT............................................................ 22
15.704
RESTRICTIONS ................................................................................................ 22
15.705
AUTHORITIES AND DUTIES ......................................................................... 22
15.706
STAFFING .......................................................................................................... 23
15.707
REGULATIONS REQUIRED .......................................................................... 23
15.708
ADMINISTRATIVE PROCEDURES .............................................................. 24
15.709
APPROPRIATIONS AUTHORIZED .............................................................. 24
15.710
SEVERABILITY ................................................................................................ 24
15.711
EFFECTIVE DATE............................................................................................ 24
Chapter 8. Office of Legislative Attorney ................................................................................ 26
Codification Note: The chapter previously located here has been repealed and replaced by
WOS 2022-003 Enjinaaknegeng, See 15.601 of this Title. ............................... 26
Chapter 9. Land and Reservation ............................................................................................ 27
15.901
SHORT TITLE, PURPOSE AND DEFINITIONS.......................................... 27
15.902
DUTIES AND AUTHORITY OF THE TRIBAL COUNCIL ......................... 28
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WOTCL TITLE XV. GOVERNMENT DEPARTMENTS, PROGRAMS, OFFICES, AND COMMISSIONS,
BOARDS AND COMMITTEES last codified through March 1, 2024 – See Register for Details
Version 2024.2
15.903
CREATION OF THE COMMITTEE .............................................................. 29
15.904
DUTIES OF THE COMMITTEE ..................................................................... 29
15.905
AUTHORITY OF THE COMMITTEE ........................................................... 30
15.906
COMPENSATION ............................................................................................. 30
15.907
SAVINGS CLAUSE............................................................................................ 31
15.908
EFFECTIVE DATE............................................................................................ 31
Chapter 10. Office of Finance and Revenue ............................................................................ 32
15.1001
PURPOSE ............................................................................................................ 32
15.1002
DEFINITIONS .................................................................................................... 32
15.1003
AUTHORITY AND DUTIES ............................................................................ 32
15.1004
INTERNAL ORGANIZATION ........................................................................ 36
15.1005
SAVINGS CLAUSE............................................................................................ 36
15.1006
EFFECTIVE DATE............................................................................................ 36
Chapter 11. Liquor and Tobacco Licensing Board Statute ................................................... 38
15.1101
SHORT TITLE ................................................................................................... 38
15.1102
PURPOSE ............................................................................................................ 38
15.1103
DEFINITIONS .................................................................................................... 38
15.1104
LIQUOR AND TOBACCO LICENSES........................................................... 39
15.1105
LIQUOR AND TOBACCO LICENSING BOARD ........................................ 40
15.1106
AUTHORITY ...................................................................................................... 42
15.1107
APPEALS OF CITATIONS TO THE BOARD............................................... 42
15.1108
JUDICIAL REVIEW.......................................................................................... 43
15.1109
SOVERIEGN IMMUNITY................................................................................ 43
15.1110
REGULATIONS ................................................................................................. 43
15.1111
SAVINGS CLAUSE............................................................................................ 44
15.1112
EFFECTIVE DATE............................................................................................ 44
Chapter 12. Health Department ............................................................................................... 45
15.1201
PURPOSE ............................................................................................................ 45
15.1202
DEFINITIONS .................................................................................................... 45
15.1203
CREATION OF THE DEPARTMENT............................................................ 45
15.1204
AUTHORITY AND DUTIES ............................................................................ 46
15.1205
STAFFING .......................................................................................................... 47
15.1206
REGULATIONS REQUIRED .......................................................................... 47
15.1207
APPROPRIATIONS AUTHORIZED .............................................................. 47
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WOTCL TITLE XV. GOVERNMENT DEPARTMENTS, PROGRAMS, OFFICES, AND COMMISSIONS,
BOARDS AND COMMITTEES last codified through March 1, 2024 – See Register for Details
Version 2024.2
15.1208
SEVERABILITY ................................................................................................ 48
15.1209
EFFECTIVE DATE............................................................................................ 48
Chapter 13. Repeal of Waganakising Odawak Statute 2010-007 Legal and Legislative
Committee............................................................................................................ 49
15.1301
PURPOSE ............................................................................................................ 49
15.1302
FINDINGS and REPEALED ............................................................................. 49
15.1303
SAVINGS CLAUSE............................................................................................ 49
15.1304
EFFECTIVE DATE............................................................................................ 49
Chapter 14. Accounting Department ....................................................................................... 51
15.1401
PURPOSE ............................................................................................................ 51
15.1402
DEFINITIONS .................................................................................................... 51
15.1403
CREATION OF THE OFFICE ......................................................................... 51
15.1404
AUTHORITY AND DUTIES ............................................................................ 52
15.1405
STAFFING .......................................................................................................... 53
15.1406
APPROPRIATIONS AUTHORIZED .............................................................. 53
15.1407
ADMINISTRATIVE PROCEDURES REQUIRED ....................................... 54
15.1408
SEVERABILITY ................................................................................................ 54
15.1409
EFFECTIVE DATE............................................................................................ 54
Chapter 15. Department of Repatriation, Archives and Records ......................................... 55
15.1501
SHORT TITLE ................................................................................................... 55
15.1502
PURPOSE ............................................................................................................ 55
15.1503
DEFINITIONS .................................................................................................... 55
15.1504
CREATION OF THE REPATRIATION AND ARCHIVAL RECORDS .... 56
15.1505
DEPARTMENT AUTHORITY ........................................................................ 57
15.1506
STAFFING .......................................................................................................... 57
15.1507
APPROPRIATIONS........................................................................................... 58
15.1508
REPEAL .............................................................................................................. 58
15.1509
SEVERABILITY ................................................................................................ 58
15.1510
EFFECTIVE DATE............................................................................................ 59
Chapter 16. Education Department ......................................................................................... 60
15.1601
PURPOSE ............................................................................................................ 60
15.1602
DEFINITIONS .................................................................................................... 60
15.1603
CREATION OF THE DEPARTMENT............................................................ 60
15.1604
AUTHORITY AND DUTIES ............................................................................ 61
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WOTCL TITLE XV. GOVERNMENT DEPARTMENTS, PROGRAMS, OFFICES, AND COMMISSIONS,
BOARDS AND COMMITTEES last codified through March 1, 2024 – See Register for Details
Version 2024.2
15.1605
STAFFING .......................................................................................................... 62
15.1606
REGULATIONS REQUIRED .......................................................................... 63
15.1607
APPROPRIATIONS AUTHORIZED .............................................................. 63
15.1608
REPEAL .............................................................................................................. 63
15.1609
SEVERABILITY ................................................................................................ 63
15.1610
EFFECTIVE DATE............................................................................................ 64
Chapter 17. Gijigowi Anishinaabemowin Language Department ........................................ 65
15.1701
PURPOSE ............................................................................................................ 65
15.1702
DEFINITIONS .................................................................................................... 65
15.1703
CREATION OF THE GIJIGOWI ANISHINAABEMOWIN
DEPARTMENT .................................................................................................. 65
15.1704
AUTHORITY AND DUTIES ............................................................................ 66
15.1705
STAFFING .......................................................................................................... 67
15.1706
REGULATIONS REQUIRED .......................................................................... 67
15.1707
APPROPRIATIONS AUTHORIZED .............................................................. 67
15.1708
REPEAL .............................................................................................................. 68
15.1709
SEVERABILITY ................................................................................................ 68
15.1710
EFFECTIVE DATE............................................................................................ 68
Chapter 18. Office of Citizens Legal Assistance ..................................................................... 69
Codification Note: The chapter previously located here has been repealed and replaced by
WOS 2022-003 Enjinaaknegeng, See 15.601 of this Title. ............................... 69
Chapter 19. Office of Executive Services Attorney................................................................. 70
15.1901
ESTABLISHMENT ............................................................................................ 70
15.1902
PURPOSE ............................................................................................................ 70
15.1903
POLICY ............................................................................................................... 70
15.1904
FUNCTIONS ....................................................................................................... 70
15.1905
STAFFING .......................................................................................................... 71
15.1906
SEVERABILITY ................................................................................................ 71
15.1907
EFFECTIVE DATE............................................................................................ 71
Chapter 20. Department of Human Services .......................................................................... 72
15.2001
PURPOSE ............................................................................................................ 72
15.2002
DEFINITIONS .................................................................................................... 72
15.2003
CREATION OF THE OFFICE ......................................................................... 72
15.2004
AUTHORITY AND DUTIES ............................................................................ 73
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WOTCL TITLE XV. GOVERNMENT DEPARTMENTS, PROGRAMS, OFFICES, AND COMMISSIONS,
BOARDS AND COMMITTEES last codified through March 1, 2024 – See Register for Details
Version 2024.2
15.2005
INTERNAL ORGANIZATION ........................................................................ 74
15.2006
STAFFING .......................................................................................................... 75
15.2007
APPROPRIATIONS AUTHORIZED .............................................................. 75
15.2008
REGULATIONS ................................................................................................. 76
15.2009
ADMINISTRATIVE PROCEDURES REQUIRED ....................................... 76
15.2010
SAVINGS CLAUSE............................................................................................ 76
15.2011
EFFECTIVE DATE............................................................................................ 76
Chapter 21. Tribal Historic Preservation Office Statute ....................................................... 78
Codification Note: Repeals and replaces WOS 2018-022........................................................ 78
15.2101
PURPOSE ............................................................................................................ 78
15.2102
ABROGATION AND GREATER RESTRICTIONS ..................................... 78
15.2103
APPLICABILITY ............................................................................................... 79
15.2104
DEFINITIONS .................................................................................................... 79
15.2105
TRIBAL HISTORIC RESERVATION OFFICE DUTIES AND
AUTHORITY ...................................................................................................... 81
15.2106
MACPRA and NAGPRA DUTIES ................................................................... 83
15.2107
STAFFING .......................................................................................................... 83
15.2108
BURIAL SITES AND TREATMENT OF HUMAN REMAINS ................... 84
15.2109
PERMITS TO PROCEED WITH AN UNDERTAKING ON LAND
WITHIN THE RESERVATION ....................................................................... 84
15.2110
PERMITS TO CONDUCT ACHAEOLOGICAL INVESTIGATIONS ....... 87
15.2111
ENFORCEMENT OF PENALTIES ................................................................. 88
15.2112
SEVERABILITY ................................................................................................ 90
15.2113
EFFECTIVE DATE............................................................................................ 90
15.2114
OTHER RELATED STATUTES ...................................................................... 90
Chapter 22. Department of Kikaajik ....................................................................................... 91
15.2201
PURPOSE ............................................................................................................ 91
15.2202
DEFINITIONS .................................................................................................... 91
15.2203
CREATION OF THE DEPARTMENT............................................................ 91
15.2204
AUTHORITY AND DUTIES ............................................................................ 92
15.2205
STAFFING .......................................................................................................... 92
15.2206
REGULATIONS REQUIRED .......................................................................... 93
15.2207
ADMINISTRATIVE PROCEDURES REQUIRED ....................................... 93
15.2208
APPROPRIATIONS AUTHORIZED .............................................................. 93
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WOTCL TITLE XV. GOVERNMENT DEPARTMENTS, PROGRAMS, OFFICES, AND COMMISSIONS,
BOARDS AND COMMITTEES last codified through March 1, 2024 – See Register for Details
Version 2024.2
15.2209
SEVERABILITY ................................................................................................ 94
15.2210
EFFECTIVE DATE............................................................................................ 94
Chapter 23. Elders Commission ............................................................................................... 95
15.2301
PURPOSE ............................................................................................................ 95
15.2302
DEFINITIONS .................................................................................................... 95
15.2303
CREATION OF THE COMMISSION ............................................................. 95
15.2304
ORGANIZATION AND DUTIES ..................................................................... 96
15.2305
BUDGET, COMPENSATION AND TRAVEL ............................................... 97
15.2306
MEETINGS AND MINUTES............................................................................ 97
15.2307
SEVERABILITY ................................................................................................ 99
15.2308
EFFECTIVE DATE ............................................................................................ 99
Chapter 24. Tribal Government Human Resources Department ....................................... 100
15.2401
PURPOSE .......................................................................................................... 100
15.2402
DEFINITIONS .................................................................................................. 100
15.2403
CREATION OF THE DEPARTMENT ......................................................... 100
15.2404
APPROPRIATIONS AUTHORIZED ............................................................ 101
15.2405
INTERNAL ORGANIZATION ...................................................................... 101
15.2406
DUTIES.............................................................................................................. 102
15.2407
QUARTERLY REPORTS ............................................................................... 103
15.2408
SEVERABILITY .............................................................................................. 103
15.2409
EFFECTIVE DATE ......................................................................................... 103
Chapter 25. Environmental Appeals Board ........................................................................... 104
15.2501
PURPOSE .......................................................................................................... 104
15.2502
DEFINITIONS .................................................................................................. 104
15.2503
CREATION OF THE BOARD ....................................................................... 104
15.2504
DUTIES AND AUTHORITY OF THE BOARD ........................................... 105
15.2505
MEETINGS ....................................................................................................... 106
15.2506
TRIBAL COURT REVIEW ............................................................................ 106
15.2507
SEVERABILITY .............................................................................................. 107
15.2508
EFFECTIVE DATE ......................................................................................... 107
15.2509
OTHER RELATED STATUTES .................................................................... 107
Chapter 25. Burial Program .................................................................................................... 108
15.2601
PURPOSE .......................................................................................................... 108
15.2602
ELIGIBILITY ................................................................................................... 108
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WOTCL TITLE XV. GOVERNMENT DEPARTMENTS, PROGRAMS, OFFICES, AND COMMISSIONS,
BOARDS AND COMMITTEES last codified through March 1, 2024 – See Register for Details
Version 2024.2
15.2603
IMPLEMENTATION ...................................................................................... 108
15.2604
IMPLEMENTING REGULATIONS ............................................................. 109
15.2605
SAVINGS CLAUSE.......................................................................................... 109
15.2606
EFFECTIVE DATE.......................................................................................... 109
Chapter 27. Health, Food and Housing Program Statute ..................................................... 111
15.2701
PURPOSE .......................................................................................................... 111
15.2702
GENERAL WELFARE EXCLUSION ........................................................... 111
15.2703
DEFINITIONS .................................................................................................. 111
15.2704
APPLICATION................................................................................................. 112
15.2705
FUNDS ............................................................................................................... 113
15.2706
SUSPENSION OF PROGRAM ....................................................................... 113
15.2708
SEVERABILITY .............................................................................................. 114
15.2709
EFFECTIVE DATE.......................................................................................... 114
15.2710
OTHER RELATED STATUTES .................................................................... 114
Chapter 28. Reserved................................................................................................................ 115
Chapter 29. Department of Public Works Statute................................................................. 116
15.2901
PURPOSE .......................................................................................................... 116
15.2902
DEFINITIONS .................................................................................................. 116
15.2903
CREATION OF THE DEPARTMENT.......................................................... 116
15.2904
AUTHORITY .................................................................................................... 117
15.2905
DUTY AND AUTHORITY .............................................................................. 118
15.2906
STAFFING ........................................................................................................ 120
15.2907
REGULATIONS REQUIRED ........................................................................ 120
15.2908
APPROPRIATIONS AUTHORIZED ............................................................ 121
15.2909
SEVERABILITY .............................................................................................. 121
15.2910
EFFECTIVE DATE.......................................................................................... 121
Chapter 30. Authorization of the Marijuana Program Statute............................................ 122
15.3001
PURPOSE .......................................................................................................... 122
15.3001
DEFINITIONS .................................................................................................. 122
15.3003
MARIJUANA PROGRAM AUTHORIZED ................................................ 124
15.3004
DEPARTMENT OF COMMERCE DUTIES AND AUTHORITY............. 124
15.3005
APPLICATION................................................................................................. 126
15.3006
DEPARTMENT FUNDING ............................................................................ 128
15.3007
LICENSES ......................................................................................................... 128
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WOTCL TITLE XV. GOVERNMENT DEPARTMENTS, PROGRAMS, OFFICES, AND COMMISSIONS,
BOARDS AND COMMITTEES last codified through March 1, 2024 – See Register for Details
Version 2024.2
15.3008
ELIGIBILITY ................................................................................................... 128
15.3009
APPEALS .......................................................................................................... 128
15.3010
REGULATIONS ............................................................................................... 129
15.3011
SAVINGS CLAUSE.......................................................................................... 129
15.3012
EFFECTIVE DATE.......................................................................................... 129
Chapter 31. Energy Improvement Program Statute ............................................................. 131
15.3101
PURPOSE .......................................................................................................... 131
15.3103
PROGRAM ....................................................................................................... 133
15.3104
DEPARTMENT OF COMMERCE DUTIES AND AUTHORITY............. 134
15.3105
APPLICATION................................................................................................. 135
15.3106
DEPARTMENT FUNDING ............................................................................ 136
15.3107
ENERGY IMPROVEMENT PROJECT ........................................................ 137
15.3108
ELIGIBLE PROPERTY .................................................................................. 139
15.3109
CREDIT REVIEW OF APPLICANT ............................................................ 140
15.3110
DELINQUENT AND DEFAULT PAYMENTS ............................................ 140
15.3111
PRIORITY DISTRIBUTION .......................................................................... 142
15.3112
REGULATIONS REQUIRED ...................................................................... 142
15.3113
EFFECTIVE DATE.......................................................................................... 143
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WOTCL TITLE XV. GOVERNMENT DEPARTMENTS, PROGRAMS, OFFICES, AND COMMISSIONS,
BOARDS AND COMMITTEES last codified through March 1, 2024 – See Register for Details
Version 2024.2
TITLE XV. GOVERNMENT DEPARTMENTS, PROGRAMS, OFFICES, AND
COMMISSIONS, BOARDS AND COMMITEES
Chapter 1. Executive Commissions, Boards and Committees
15.101 PURPOSE
The purpose of this statute is to set forth general provisions applicable to Commissions, Boards
and Committees within the Executive branch of the Little Traverse Bay Bands of Odawa Indians.
These provisions do not apply to Commissions, Boards or Committees within the Legislative or
Judicial branches of government, the Election Board, the Office of the Tribal Prosecutor, or
Tribally chartered corporations. This statute repeals and replaces Waganakising Odawak Statute
2006-007.
(Source: WOS 2023-006, September 18, 2023, Section I)
15.102 RELATIONSHIP TO OTHER STATUTES
If the terms of this statute conflict with those of a statute establishing a specific Executive
Commission or Board, the terms of the specific statute or resolution shall control.
(Source: WOS 2023-006, September 18, 2023, Section II)
15.103 DEFINITIONS
As used hereafter in this statute:
A.
“Commission” means a permanent commission or board within the Executive Branch of
LTBB that is established by statute.
B.
“Committee” means a temporary committee within the Executive Branch of LTBB that is
established by resolution for a limited time period and purpose.
C.
“Executive” means the Tribal Chairperson and the Vice-Chairperson of LTBB.
D.
“Immediate Family” means a person who is related to a Tribal Citizen by one of the
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BOARDS AND COMMITTEES last codified through March 1, 2024 – See Register for Details
Version 2024.2
following relationships: wife, husband, son, daughter, mother, father, brother, sister, stepmother, step-father, step-brother, step-sister, father-in-law, mother-in-law, child, step-child,
grandmother, grandfather, brother-in-law and sister-in-law.
E.
“LTBB” or “Tribe” means the Little Traverse Bay Bands of Odawa Indians.
F.
“Public” means Tribal Citizens of LTBB and their Immediate Family.
(Source: WOS 2023-006, September 18, 2023, Section III)
15.104 ESTABLISHMENT, DURATION AND AUTHORITY OF COMMISSIONS AND
COMMITTEES
A.
Commissions shall be established by statute and are perpetual.
B.
Committees shall be established by resolution and shall expire 2 years from the date the
authorizing resolution is enacted unless the resolution expressly provides otherwise.
C.
The authority of Commissions and Committees shall be strictly limited to the
performance of duties prescribed by the statute or resolution establishing them.
(Source: WOS 2023-006, September 18, 2023, Section IV)
15.105 ELIGIBILITY CRITERIA
A.
Commissions
1.
Only Tribal Citizens of LTBB shall serve on Commissions.
2.
A Tribal Citizen shall serve on a maximum of two Commissions simultaneously.
3.
Two or more members of the same immediate family shall not serve on the same
Commission at the same time.
4.
A Tribal Citizen shall not serve as Commission Chairperson if the Commission’s
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WOTCL TITLE XV. GOVERNMENT DEPARTMENTS, PROGRAMS, OFFICES, AND COMMISSIONS,
BOARDS AND COMMITTEES last codified through March 1, 2024 – See Register for Details
Version 2024.2
work pertains to a specific Executive department and the director or assistant
director of the department is an immediate family member of the Tribal Citizen.
5.
B.
Tribal government employees may serve on Commissions and receive a stipend if
a Commission is not directly related to their employment, does not interfere with
their work, and does not meet during scheduled work hours. With the consent of
the Executive, a Tribal government employee may use PTO (paid time off) or
flextime to avoid Commission-related conflicts with their employment duties.
Committees
1.
Any person with relevant subject matter expertise may serve on a Committee.
2.
The eligibility criteria for Commission members in Section VI(A)(3-5) shall also
apply to Committee members.
(Source: WOS 2023-006, September 18, 2023, Section V)
15.106 COMMISSION AND COMMITTEE APPOINTMENTS
A.
The Executive shall submit nominations to Tribal Council to fill Commission/Committee
appointments within a reasonable period of time after the establishment of a
Commission/Committee or a vacancy in a Commissioner/Committee seat. Acting
Commission/Committee chairpersons shall give the Executive timely notice of any vacant seat.
B.
All appointed Commission/Committee members shall take an oath of office administered
by the Tribal Court prior to beginning their term of service.
(Source: WOS 2023-006, September 18, 2023, Section VI)
15.107 TERMS OF MEMBERS
A.
The terms of Commission members shall begin and end on September 21 of the years
corresponding with their appointment. Commission members may serve beyond the expiration of
their term until they are reappointed and sworn in or a successor is appointed and sworn in.
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WOTCL TITLE XV. GOVERNMENT DEPARTMENTS, PROGRAMS, OFFICES, AND COMMISSIONS,
BOARDS AND COMMITTEES last codified through March 1, 2024 – See Register for Details
Version 2024.2
B.
Committee members shall serve until a Committee expires unless the resolution
establishing the Committee provides otherwise.
C.
All Commission and Committee members shall complete their terms unless they
voluntarily resign or are removed earlier.
(Source: WOS 2023-006, September 18, 2023, Section VII)
15.108 NUMBER OF MEMBERS
A.
Commissions shall be composed of at least three, but not more than five, members.
B.
Committees shall be composed of at least three members.
(Source: WOS 2023-006, September 18, 2023, Section VIII)
15.109 QUORUM REQUIREMENTS
A.
No Commission or Committee meetings shall be called to order without a quorum
present, and no official business may be conducted absent a quorum.
B.
A quorum shall consist of a simple majority of the total number of membership positions
on the Commission or Committee, regardless of any vacancies. Thus, one member shall never
constitute a quorum; two members shall constitute a quorum only where a Commission or
Committee has three membership positions; and three members shall be necessary to form a
quorum on Commissions or Committees with five membership positions.
(Source: WOS 2023-006, September 18, 2023, Section IX)
15.110 FREQUENCY OF MEETINGS
A.
Commissions shall meet no more than twice monthly.
B.
Committees shall meet as prescribed by the resolution establishing them.
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WOTCL TITLE XV. GOVERNMENT DEPARTMENTS, PROGRAMS, OFFICES, AND COMMISSIONS,
BOARDS AND COMMITTEES last codified through March 1, 2024 – See Register for Details
Version 2024.2
C.
The Executive may direct a Commission or Committee to increase the frequency of
meetings when necessary to further the purposes of the Commission or Committee.
D.
If vital interests of LTBB require immediate action prior to a regular or special meeting,
such action may be taken by phone poll or teleconference call for the limited purpose of
addressing a matter necessary to preserve or promote essential interests of the Tribe.
(Source: WOS 2023-006, September 18, 2023, Section X)
15.111 OPEN MEETINGS
A.
Commissions and Committees shall provide public notice of their meetings as prescribed
by applicable law and policy of LTBB.
B.
Commission and Committee meetings shall be open to all Tribal Citizens, their
Immediate Family and LTBB governmental employees except phone conferences and closed
sessions.
C.
Public comments shall be solicited at all Commission and Committee meetings. A
reasonable amount of time for public comments shall be afforded.
D.
Minutes shall be taken at all Commission and Committee meetings and, following
Commission/Committee approval, promptly sent to the Executive for posting on LTBB’s
website. Minutes taken during closed session shall be redacted.
(Source: WOS 2023-006, September 18, 2023, Section XI)
15.112 REPORTS AND RECORDS
A.
Commissions and Committees shall submit a report to the Executive on at least a
quarterly basis.
B.
Commission and Committee records shall be available to Tribal Citizens consistent with
LTBB’s Public Documents Statute, Title VI, Chapter 19.
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(Source: WOS 2023-006, September 18, 2023, Section XII)
15.113 CLOSED SESSIONS
A.
Commissions and Committees may enter into closed session to protect the interests of
LTBB and fulfill their responsibilities to Tribal Citizens.
B.
Commissions and Committees shall not discuss anything in closed session beyond the
scope of the matters for which the closed session is called. Closed session shall be limited to
matters concerning:
1.
Child welfare;
2.
Personnel under the authority of the Commission/Committee;
3.
Litigation or legal issues directly related to the Commission/Committee; or
4.
Other subjects that raise significant privacy or confidentiality concerns.
C.
Commissions and Committees shall return to open session immediately upon completion
of the closed-session discussions. Any action considered in closed session that can be taken in
open session without harming Tribal interests shall be taken after the Commission/Committee
returns to open session.
(Source: WOS 2023-006, September 18, 2023, Section XIII)
15.114 STIPENDS AND TRAVEL REIMBURSEMENT
A.
Commission/Committee members may receive a stipend for attending required meetings
subject to the availability of funds and the Commission’s/Committee’s compliance with
applicable rules of procedure.
B.
Commission/Committee members who attend a required meeting; any conference,
training, meeting or hearing directly related to their duties; or any event where their attendance is
required may be compensated for their reasonable costs of travel in accordance with the Tribal
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Government Travel Policy for attendance so long as there are funds available in the
Commission’s/Committee’s budget.
(Source: WOS 2023-006, September 18, 2023, Section XIV)
15.115 CONFLICT OF INTEREST
No Commission or Committee member shall participate in making any decision that involves a
personal or financial interest including that of a member of his or her immediate family unless
such interest is held in common with the Tribe and its Citizens.
(Source: WOS 2023-006, September 18, 2023, Section XV)
15.116 RULES OF PROCEDURE
The Executive shall promulgate regulations establishing rules of procedure applicable to all
Commissions and Committees and otherwise implementing this statute.
(Source: WOS 2023-006, September 18, 2023, Section XVI)
15.117 APPLICATION OF INDIAN CIVIL RIGHTS ACT OF 1968
Commissions shall comply with the provisions of the Indian Civil Rights Act of 1968, 25 U.S.C.
§§ 1301-1303.
(Source: WOS 2023-006, September 18, 2023, Section XVII)
15.118 SAVINGS CLAUSE
In the event that any phrase, provision, part, paragraph, subsection or section of this statute is found
by a court of competent jurisdiction to violate the Constitution or laws of LTBB, such phrase,
provision, part, paragraph, subsection or section shall be considered to stand alone and to be
deleted from this statute, the entirety of the balance of the statute to remain in full and binding
force and effect.
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(Source: WOS 2023-006, September 18, 2023, Section XVIII)
15.119 EFFECTIVE DATE
This statute shall be effective upon the signature of the Executive, or 30 days from Tribal
Council approval, or if the Executive vetoes the legislation, then upon the date on which Tribal
Council overrides the veto.
(Source: WOS 2023-006, September 18, 2023, Section XIX)
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Chapter 2. Removal of Commissioners
15.201 SHORT TITLE AND PURPOSE
A.
Short Title. This Statute may be cited as the "Commissioner Removal and Nepotism
Act."
B.
Purpose.
This Act sets out standard procedures for the removal of members of
commissions of the Tribe, and rules regarding nepotism. This Act shall apply to all commissions
of the Tribe unless otherwise specified in a specific commission statute. This Statute repeals and
replaces the WOS 1997005 Removal of Commissioners and Nepotism Statute and WOS
Removal of Commissioners and Nepotism 2001-10.
(Source: WOS 2016-001, February 26, 2016, Section I)
15.202 REMOVAL OF COMMISSIONERS
A.
A Commissioner may only be removed for cause by a majority vote of Tribal Council.
B.
Cause of removal shall be one of the following:
1.
Unethical conduct, as defined by the Little Traverse Bay Bands of Odawa
Constitutionally Mandated Rules of Conduct for Officials of Tribal Government or
any other approved ethical standards.
2.
Physical or mental disability which prevents the performance of Commissioner’s
duties;
3.
Persistent failure to perform duties in a timely manner;
4.
Gross misconduct;
5.
Conviction of a felony.
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(Source: WOS 2016-001, February 26, 2016, Section II)
15.203 ETHICS
Commissioners shall follow Constitutionally Mandated Rules of Conduct for Officials of Tribal
Government or any other approved ethical standards.
(Source: WOS 2016-001, February 26, 2016, Section III)
15.204 SEVERABILITY
If any section, subsection, paragraph, sentence, phrase or portion of this Statute is, for any
reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
(Source: WOS 2016-001, February 26, 2016, Section IV)
15.205 EFFECTIVE DATE
Effective upon signature of the Executive or thirty (30) days from Tribal Council approval
whichever comes first or if the Executive vetoes the legislation, then upon Tribal Council
override of the veto, but shall not be implemented until after the next election and until the next
Tribal Council or individual councilors are sworn in.
(Source WOS 2016-001, February 26, 2016, Section V)
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Chapter 3. Service of Commissioners
15.301 CONTINUED SERVICE OF COMMISSIONERS
Members of the Tribal Commissions created pursuant to a Waganakising Odawak Statute will
serve beyond the expiration of their terms until their successors are appointed and sworn in. This
Statute repeals and replaces Waganakising Odawak Statute 1997002 which was enacted on
February 16, 1997.
(Source: WOS 2001-08, April 22, 2001, Section I)
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Chapter 4. Odawa Property Managers
15.401 REPEAL
The Odawa Property Managers Act, being Waganakising Odawak Statute 1999004, is hereby
repealed.
(Source: WOS 2000-10, September 24, 2000, Section I)
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Chapter 5. Gijigowi Bibskaabiimi Department
15.501 REPEAL
This chapter of the Gijigowi Bibskaabiimi is hereby repealed and replaced with Title VI, Chapter
38, Department of the Repatriation, Archives and Records, Waganakising Odawak Statute 20120002; Chapter 39, Education Department, Waganakising Odawak Statute 2012-003; Chapter 6,
Gijigowi Anishnaabemowin Language Department, Waganakising Odawak Statute 2012-004..
(Source: WOS 2012-002, April 22, 2012 Section I; WOS 2012-003, April 22, 2012 Section I;
WOS 2012-004, April 22, 2012 Section I)
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Chapter 6. Enjinaaknegeng
15.601 PURPOSE
The purpose of this Statute is to set out the roles and functions of the Legal Department in
accordance with the LTBB Constitution. This Statute repeals and replaces WOS 2014-008
Amending WOS 2011-008 Enjinaaknegeng; WOS 2011-008 Enjinaaknegeng; WOS 2007-009
Enjinaaknegeng; WOS 2012-006 The Office of Citizens Legal Assistance; WOS 2006-022 Office
of the Legislative Services Attorney; and any other portion or portions of any and all Statutes that
are inconsistent with this Statute.
(Source: WOS 2022-003, March 24, 2022, Section I)
15.602 DEFINITIONS
A.
“Constitution” or “Tribal Constitution” means the Constitution of the Little Traverse
Bay Bands of Odawa Indians as adopted on February 1, 2005, and any amendments thereto.
B.
“Department” means Enjinaaknegeng, the Legal Department.
C.
“Executive” means the Tribal Chairperson and Vice-Chairperson of the Executive
Branch created under Article VIII of the Constitution, including their designees.
D.
“Tribal Citizen” means an enrolled member of the Little Traverse Bay Bands of Odawa
Indians.
E.
“Tribal Council” or “Council” means the elected body of the Little Traverse Bay Bands
of Odawa Indians to carry out legislative powers under Article VII of the Constitution.
F.
“Tribe” or “LTBB” means the Waganakising Odawa, also known as the Little Traverse
Bay Bands of Odawa Indians.
(Source: WOS 2022-003, March 24, 2022, Section II)
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15.603 LEGAL DEPARTMENT AUTHORITY
A.
In accordance with Constitution, the Legal Department is under the authority of Tribal
Council, Article VII (D)(14), but shall be available to assist the Executive and Executive
Departments as set forth in this Statute.
B.
The Department shall be made up of a General Counsel, Legislative Services Attorney,
and Citizens Legal Assistance Attorney.
(Source: WOS 2022-003, March 24, 2022, Section III)
15.604 LEGAL DEPARTMENT DUTIES
A.
The General Counsel shall provide legal services, counsel and representation of LTBB on
legal matters, as per contract and/or job description, which may include, but not limited to,
negotiations with federal, state, local and tribal governmental entities, issues relating to
economic development, reserved Treaty rights, Indian child welfare policy, litigation, and work
with subordinate Tribal entities including Tribally Chartered Corporations, Enterprises,
Executive Departments, and Executive Commissions, Committees and Boards.
B.
The Legislative Services Attorney shall provide legal services to Tribal Council and Tribal
Council Committees as per contract, statute, and/or job description which may include, but not
limited to, assisting one or more Tribal Councilors or committee members with drafting of
Resolutions, Statutes, Certified Motions, policies, procedures, Legislative Directives,
Declarations, Special Tributes, agreements, proposals, legal memorandums, MOUs, leases and
contracts; provide legal advice in order to promote and protect Tribal Sovereignty, Tribal Selfsufficiency, and Tribal Self-determination; provide representation of Tribal Council in
negotiations and court; and provide advice and analysis of the Tribal Constitution, Tribal Codes,
state and federal laws and regulations for the Tribe and Tribal Council.
C.
In the event that the Tribal government, or any Legislative or Executive officials or staff
are sued in their official capacity, General Counsel and/or Legislative Services Attorney shall
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defend such suits and ensure that Tribal Council receives proper notification, and shall raise
sovereign immunity as a defense unless Tribal Council has taken an action to expressly waive
sovereign immunity for the type of claim or specific case.
D.
Assignments may be dispersed between General Counsel and Legislative Services
Attorney based on allocation of resources and areas of expertise, as recommended by the
Department and allocated by Tribal Council.
E.
General Counsel and Legislative Services Attorney may also utilize outside attorneys and
consultants within a budget adopted by Tribal Council within the scope of Tribal Council approved
litigation or other approved activities. Any attorney contracts in excess of five-thousand dollars,
($5,000) must be individually approved by Tribal Council.
F.
General Counsel and Legislative Services Attorney will provide current updates to the
Tribal Council on legal matters taken on behalf of the Tribe and any recommendations for final
actions, that require Tribal Council approval under the Constitution, shall be presented to the Tribal
Council prior to that action being taken.
G.
Citizens Legal Assistance Attorney shall provide advice and assistance to Tribal Citizens
on legal issues, provide legal guidance and draft documents, but cannot appear in Court on behalf
of Tribal Citizens. The Citizens Legal Assistance Attorney shall maintain the attorney-client
privilege relationship with respect to all communications between it and any Citizen it services
and may assist with the following:
1.
Estate Planning, including drafting of Wills, Power of Attorneys, Medical Power
of Attorneys and Trusts;
2.
Real Estate, including assisting with the purchase, sale, or transfer of real estate,
including foreclosures or forfeitures;
3.
Landlord/Tennant, assisting with evictions or any other issues with a landlord or
tenant;
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4.
Divorce/Custody/Support, that may encompass child custody, visitation, or child
support;
5.
Probate of Estates, assisting with probating a Will in state or tribal court;
6.
Criminal Matters shall be limited to explaining the legal process;
7.
Civil Matters shall be limited to giving legal advice if the Tribal Citizen is
involved in a civil lawsuit, including accusations of abuse or neglect of a child against a
parent;
8.
Paternity, DNA testing, Birth Certificates, includes establishing paternity, DNA
testing, and making changes to birth certificates;
9.
Guardianships and Conservatorships for minors or persons who are unable to care
for themselves;
10.
Driver’s Licenses including license restored through the Secretary of State; and,
11.
General legal advice can be given for any type of legal issue that a Tribal Citizen
may have, except for issues that involve the Tribe.
H.
The Citizens Legal Assistance Attorney may only provide procedural advice on matters
that are criminal in nature, and matters involving the Tribe, Tribal Officials, Tribal Employees or
other Tribal Citizens as a potential party in a dispute.
(Source: WOS 2022-003, March 24, 2022, Section IV)
15.605 CONFIDENTIALITY AND ATTORNEY/CLIENT PRIVILEGE
A.
The attorney/client privilege to protect attorney work product, communications and
information from unauthorized disclosure to any persons or entities outside of the Tribal
government and governmental administration applies to any confidential communications between
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the Department and any branch of LTBB government, including elected and appointed officials,
employees and agents.
B.
Unless otherwise stated in an attorney contract and/or job description, the attorney/client
privilege applies to the Tribe as a whole. Officials, staff and agents have no individual expectation
of privacy or attorney-client confidentiality. Attorneys may share any pertinent legal information
with supervisors and Tribal Council.
C.
Matters deemed confidential in a Tribal Council closed session shall not be disclosed to
persons or entities not present in the closed session, including other branches of LTBB government
and staff, unless otherwise directed by Tribal Council.
(Source: WOS 2022-003, March 24, 2022, Section V)
15.606 STAFFING
The Department shall begin operations with current attorneys and staff of the Legal Department,
Legislative Services Attorney Office and Office of the Citizens Legal Assistance.
(Source: WOS 2022-003, March 24, 2022, Section VI)
15.607 BUDGET, PERSONNEL and ADMINISTRATIVE FUNCTIONS
A.
The Legislative Services Attorney, working with staff shall present the Department’s
budget in accordance with WOS 2020-006 Tribal Government Budget Formulation and
Modification Process, or as amended.
B.
The Legislative Services Attorney shall have administrative authority for the Legal
Department, including approving expenditures, travel, and other matters related to the
Department’s budget.
C.
The Legislative Services Attorney shall have supervisory authority over the Legal
Department’s administrative staff.
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D.
Attorney hiring, and/or employment contracts, and Paid Time Off (PTO) must be approved
by the Tribal Council, in accordance with Constitution Article VII (D)(14) and Attorneys shall
report directly to Tribal Council.
E.
Carry-Over Reserve Funds
1.
Unspent annual budgeted funds for the Department shall carry over to the following
year. The Department, as directed by Tribal Council, may utilize the cumulated funds for
additional legal services or expense. Any carryover funds not expended will be carried to
future years indefinitely unless otherwise re-appropriated by the Tribal Council. The
Department shall provide reports quarterly or as otherwise requested by Tribal Council, on
the status of the amounts and expenditures of these carry-over funds.
2.
If Tribal Council makes a special appropriation for a distinct project or specific
litigation, such specially appropriated funds will carry over as long as the original approved
litigation or project is still ongoing. At the conclusion of all approved litigation or project
costs the remaining specific appropriated funds will revert to General Fund-Funds Balance
unless Tribal Council directs otherwise.
F.
Under the supervision of the Legislative Services Attorney, administrative function for the
Department will be through the Legislative Branch, as appropriate.
(Source: WOS 2022-003, March 24, 2022, Section VII)
15.608 OTHER RELATED STATUTES
See Waganakising Odawak Statute 2006-22, Office of Legislative Services Attorney;
Waganakising Odawak Statute 2012-007, Office of Executive Services Attorney; 2012-006,
Office of Tribal Citizens Legal Assistance; WOS 2020-006 Tribal Government Budget
Formulation and Modification Process; or as amended.
(Source: WOS 2022-003, March 24, 2022, Section VIII)
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15.609 SAVINGS CLAUSE
In the event that any section, subsection or phrase of this Statute is found by a court of competent
jurisdiction to violate the Constitution or laws of the Little Traverse Bay Bands of Odawa Indians,
such part shall be considered to stand alone and to be deleted from this Statute, the entirety of the
balance of the Statute to remain in full and binding force and effect so long as the overall intent of
the Statute remains intact.
(Source: WOS 2022-003, March 24, 2022, Section IX)
15.610 EFFECTIVE DATE
Effective upon signature of the Executive or 30 days from Tribal Council approval whichever
comes first or if the Executive vetoes the legislation, then upon Tribal Council override of the
veto.
(Source: WOS 2022-003, March 24, 2022, Section X)
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Chapter 7. Eshkiniigijik-Tribal Youth Services
15.701 PURPOSE
The Tribal Youth are the Tribe's most vital and cherished future resource. To ensure that the
Tribal Youth of the Little Traverse Bay Bands of Odawa Indians has the necessary opportunities
to prepare them for their future, the Tribe will support the establishment and continuation of the
Youth Department that will provide cultural, social, educational, and leadership opportunities.
This Statute is hereby enacted to establish and continue the Tribal Youth Services Department
and repeals and replaces any previous Statute including WOS 2006-012.
(Source: WOS 2015-22, December 2, 2015, Section I)
15.702 DEFINITIONS
A.
“Cultural” means aspects of the Odawa history, spirituality, traditions, arts and crafts,
values and mannerisms.
B.
“Cultural Proficiency” means the knowledge, skills, and attitudes/beliefs that enable a
person to work well with, respond effectively to, and be supportive of the Odawa Citizens.
C.
“Department” means the Tribal Youth Services Department.
D.
“Eshkiniigijik” or “Youth” means a person who is eighteen (18) years of age or younger.
E.
“Tribe” means the Little Traverse Bay Bands of Odawa Indians.
F.
“Tribal Youth” shall mean youths who are Tribal Citizens, Tribal members of
another recognized Tribe or youth who have community ties with the Tribe.
G.
“Volunteer” shall mean an unpaid employee.
(Source: WOS 2015-22, December 2, 2015, Section II)
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15.703 CREATION OF THE DEPARTMENT
A.
Pursuant to Article VII (D) (22) of the Tribal Constitution the Tribal Council shall have
the power to: “Approve the creation or dissolution of Executive divisions or departments to
promote and protect the peace, health, safety, education, and general welfare, including but not
limited to cultural and natural resources, of the Little Traverse Bay Bands of Odawa Indians and
its members”.
B.
The Tribal Council hereby approves the creation and continuation of the Youth Services
Department within the Executive Branch of government..
(Source: WOS 2015-22, December 2, 2015, Section III)
15.704 RESTRICTIONS
A.
The minimum standards of character shall mean a benchmark of moral, ethical, and
emotional strengths established by character traits and past conduct to ensure that the individual
is competent to complete his/her job without harm to Indian children. In order to protect Indian
children, the Indian Health Services has established minimum standards of character requiring
completion of a satisfactory background investigation that ensures that no individuals who have
been found guilty of, or entered a plea of nolo contendere or guilty to, any felonious offense or
any of two or more misdemeanor offenses under Federal, State, or Tribal law involving crimes of
violence; sexual assault, molestation, exploitation, contact, or prostitution; crimes against
persons; or offenses committed against children, are placed in positions involving regular contact
with or control over Indian children, in accordance with 25 CFR 63.13.
B.
These minimum standards shall apply to all Departmental Employees including
Volunteers and any other person that has regular contact or control over Indian children.
(Source: WOS 2015-22, December 2, 2015, Section IV)
15.705 AUTHORITIES AND DUTIES
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A.
The Department shall have the following duties:
1.
Promote, design and implement Odawa cultural and Tribal social activities that
meet the needs of the Tribal youth.
2.
Strive to improve and enhance opportunities for the Tribal Youth by identifying
available national, state and tribal resources.
3.
Collaborate with other LTBB departments to provide service to the Tribal Youth
regardless of geographical location.
(Source: WOS 2015-22, December 2, 2015, Section V)
15.706 STAFFING
A.
If appropriate, the Department shall begin operations with currently employed LTBB
staff as designated by the Executive.
B.
Only persons who possess cultural proficiency shall be eligible for hire in this
Department with the exception of hiring persons that provide technical expertise outside of the
Odawa culture or Anishinaabemowin.
(Source: WOS 2015-22, December 2, 2015, Section VI)
15.707 REGULATIONS REQUIRED
The Executive shall develop Regulations for this Statute in order to implement the intent of the
Statute and shall forward such Regulations to the Tribal Council for approval in accordance with
Administrative Procedures 2008-001, or as amended.
(Source: WOS 2015-22, December 2, 2015, Section VII)
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15.708 ADMINISTRATIVE PROCEDURES
Administrative Procedures shall be developed by the Executive Branch and presented to Tribal
Council for approval in accordance with the Administrative Procedures Act 2008-001, or as
amended, in order to clarify the implementation of this statute by defining how the department
will implement the daily activities of a statute such as applications procedures and forms for a
Tribal program.
(Source: WOS 2006-012, July 25, 2006, Section VIII)
15.709 APPROPRIATIONS AUTHORIZED
The current appropriations for the Youth Services Department within the Executive budget shall
be used to implement this statute along. The Executive may request additional supplemental
funds necessary to meet the obligations of this Statute; and the Executive shall present Tribal
Council with future annual budgets necessary to implement this statute.
(Source: WOS 2015-22, December 2, 2015, Section IX)
15.710 SEVERABILITY
If any section, subsection, paragraph, sentence, phrase or portion of this Statute is, for any
reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
(Source: WOS 2015-22, December 2, 2015, Section X)
15.711 EFFECTIVE DATE
Effective upon signature of the Executive or 30 days from Tribal Council approval whichever
comes first or if the Executive vetoes the legislation, then upon Tribal Council override of the
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veto.
(Source: WOS 2015-22, December 2, 2015, Section XI)
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Chapter 8. Office of Legislative Attorney
Codification Note: The chapter previously located here has been repealed and replaced by
WOS 2022-003 Enjinaaknegeng, See 15.601 of this Title.
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Chapter 9. Land and Reservation
15.901 SHORT TITLE, PURPOSE AND DEFINITIONS
A.
Short Title
This statute shall be entitled “The Land and Reservation.”
B.
Purpose
The Land and Reservation Statute shall provide a process on how recommendation regarding
land and reservation are ascertained, shall establish a Standing Committee of the Tribal Council
with powers and authority, shall provide for the ability of the Committee to interact with the
Judiciary and Executive on matters relating to land and reservation and shall define such powers
and duties not explicitly enumerated in the LTBB Constitution related to land and reservation.
C.
Definitions
As used in this Statute:
1.
“Committee” shall mean “Tribal Council Land and Reservation Standing
Committee”.
2.
“LTBB” mean the Little Traverse Bay Bands of Odawa Indians or the
Waganakising Odawa.
3.
“Reservation” in accordance with Little Traverse Bay Bands of Odawa Indians
Constitution, Article III, Section H, means the lands within the boundaries of the
reservations for the Little Traverse Bay Bands of Odawa Indians as set out in Art I,
paragraphs third and fourth of the Treaty of 1855, 11 Stat. 621, plus any lands set out in
Articles Second and Third of the Treaty of March 28, 1836, 7 Stat. 491, in the event that
the 1836 reservation is determined to include lands which are not included within the 1855
reservation, plus any lands outside of those boundaries which are now or in the future
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declared to be Little Traverse Bay Bands of Odawa Indians reservation by the U.S.
Department of Interior.
(Source: WOS 2008-002, February 15, 2008, Section I)
15.902 DUTIES AND AUTHORITY OF THE TRIBAL COUNCIL
A.
The Tribal Council has the following LTBB Constitutional powers regarding land and
reservation:
Purchase, receive by gift, or otherwise acquire land, interests in land,
personal property or other intangible assets which the Tribal Council may
deem beneficial to the Little Traverse Bay Bands of Odawa Indians.
•
Request lands be placed in trust with the United States for the benefit of
the Little Traverse Bay Bands of Odawa Indians when the Tribal Council
deems this beneficial to the Tribe.
•
Approve land use plans and zoning of lands subject to the jurisdiction of
the Little Traverse Bay Bands of Odawa Indians.
•
Approve leases for Tribally owned land and lands held in trust for the
Little Traverse Bay Bands of Odawa Indians by the United States subject
to the approval of the Secretary of the Interior if required by Federal law.
•
Approve all sales, or dispositions of Tribal lands, provided that such sale
or disposition must also be approved by a majority vote by referendum, or
by a quorum at an annual membership meeting.
B.
The Tribal Council shall create a standing committee of the Tribal Council to advise and
make recommendations to the Tribal Council on matters related to above listed Constitutional
land and reservation powers.
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C.
The Tribal Council may employ staff, legal counsel and/or consultants regarding the
above listed Constitutional land and reservation powers.
(Source: WOS 2008-002, February 15, 2008, Section II)
15.903 CREATION OF THE COMMITTEE
A.
The Tribal Council hereby creates the Land and Reservation Standing Committee of the
Tribal Council and its membership shall consist of three (3) Tribal Council members assigned by
motion and majority vote at a regularly scheduled Tribal Council meeting.
B.
The Committee Chair shall be decided amongst the members of the Committee.
(Amendment Source: WOS 2013-013, November 3, 2013, Section III(A)) Note: WOS 2013-012
Repealed.
(Source: WOS 2008-002, February 15, 2008, Section III)
15.904 DUTIES OF THE COMMITTEE
A.
The Committee shall develop policies, processes, and procedures to carry out its duties.
B.
The Committee shall develop a strategic plan for Land and Reservation that outlines the
goals and objective for the next two to five years to be presented to Tribal Council for approval.
C.
The Committee shall hold meetings as necessary to carry out its authorized functions and
duties and may hold executive sessions in accordance with the Open Meetings Statute.
D.
The Committee shall not obligate or encumber the Tribe in any manner.
E.
The Committee shall comply with approved meeting and hearing procedures which in the
absence shall not impede progress of the committee;
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F.
The Committee shall make recommendations and advise the Tribal Council on matters
related to land and/or reservation.
G.
The Committee shall make known to the Tribal Council all Land and Reservation matters
brought before it.
H.
Tribal Council shall approve or disapprove the recommendations of the Committee by a
majority vote of Tribal Council.
I.
The Committee shall ensure that it maintains confidentiality involving land and
reservation matters that may involve litigation, confidential business or legal matters, or other
matters that raise significant privacy or confidentiality concerns.
(Source: WOS 2008-002, February 15, 2008, Section IV)
15.905 AUTHORITY OF THE COMMITTEE
A.
The Committee may hold public hearings and solicit Tribal Citizen input on any and all
matters within their authority and duties.
B.
The Committee shall have the authority to request documents and information related to
land and reservation from the Judiciary and Executive Departments, Programs and staff; including
legal counsel and consultants.
(Source: WOS 2008-002, February 15, 2008, Section V)
15.906 COMPENSATION
Committee members and Tribal Council members shall be compensated in accordance with the
Tribal Council’s Stipend Policy for attendance at Land and Reservation meetings that are
scheduled in advance and posted.
(Source: WOS 2008-002, February 15, 2008, Section VI)
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15.907 SAVINGS CLAUSE
In the event that any phrase, provision, part, paragraph, subsection or section of this statute is found
by a court of competent jurisdiction to violate the Constitution, laws, ordinances or statutes of the
Little Traverse Bay Bands of Odawa Indians, such phrase, provision, part, paragraph, subsection
or section shall be considered to stand alone and to be deleted from this statute, the entirety of the
balance of the statute to remain in full and binding force and effect.
(Source: WOS 2008-002, February 15, 2008, Section VII)
15.908 EFFECTIVE DATE
Effective upon signature of the Executive or 30 days from Tribal Council approval whichever
comes first or if the Executive vetoes the legislation, then upon Tribal Council override of the
veto.
(Source: WOS 2008-002, February 15, 2008, Section VIII)
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Chapter 10. Office of Finance and Revenue
15.1001
PURPOSE
The purpose of this Statute is to establish the Office of Finance and Revenue under the
Little Traverse Bay Bands of Odawa Indians Legislative Branch and repeals and replaces Office
of the Treasury, WOS 2011-013.
(Source: WOS 2016-005, August 26, 2016, Section I)
15.1002
DEFINITIONS
A.
“Appropriation and Finance Committee” means the Tribal Council committee established
by Statue.
B.
“Legislative Branch” or “Tribal Council” means the elected body created under Article VII
of the Little Traverse Bay Bands of Odawa Indians Tribal Constitution.
C.
“LTBB” or “Tribe” means the Little Traverse Bay Bands of Odawa Indians or the
Waganakising Odawa.
D.
“Organization” means the Little Traverse Bay Bands of Odawa Indians Tribal government.
(Source: WOS 2016-005, August 26, 2016, Section II)
15.1003
AUTHORITY AND DUTIES
A.
The Office of Finance and Revenue shall have the authority and duty to provide Tribal
Council with professional financial advice regarding Tribal revenues, expense monitoring
appropriation of funds, and budget processes. Activities include, but are not limited, to the
following:
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1.
Work closely with Tribal Council and Tribal Council Committees as
applicable.
2.
Receive and analyze quarterly reports of all LTBB gaming and enterprise
component units.
3.
Directs and analyzes studies of general economic, business, and financial
conditions and their impact on LTBB's policies and operations.
4.
Appraise the organization's financial position and issue periodic reports
on organization's financial stability, liquidity, and growth; and review of check
registry for possible fraud and/or misappropriation of assets of the LTBB.
5.
Oversee long range forecasting activities, investments, and bank loans
6.
Oversee custody of funds, securities, and assets of LTBB.
7.
Collaborate and coordinates the annual budget process for upcoming fiscal years.
8.
Assist Tribal Council in identification of all funding sources, management of cash
liquidity for current and future obligations, long range forecasting of economic
revenues, investments, indirect cost and other cost allocation plans.
9.
Prepares financial impact statements on pending legislation; including, but not
limited to, grant request motions and appropriation requests.
10.
Evaluates business partnering opportunities.
11.
Represents the Tribal Council in establishing and maintaining contacts within
the LTBB Tribe, outside financial institutions, and the investment community.
12.
Assist with the raising of revenue in accordance with the Constitution.
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13.
Assist in the development of policies for receiving grants, donations or any other
funding in accordance with the Constitution.
14.
Assist organization’s CFO with annual indirect cost proposal process.
15.
Assist Tribal Council in procurement of financing when appropriate.
16.
Assist the Tribal Council with the development of spending priorities.
17.
Assist Tribal Council in approving an Independent Auditor for the Tribe’s
annual audit of Tribal accounts and receive, review and analyze all audits and
audit findings or the organization and its component units..
18.
Assist Tribal Council in developing policies that meet acceptable auditing
standards.
19.
Fulfills responsibilities as defined by Tribal Law, as applicable.
20.
All other duties as assigned relevant to the position.
B.
The Office of Finance and Revenue shall have the authority to receive all financial records
of the Tribe and related LTBB entities, enterprises, chartered corporations, departments, divisions,
commissions, board, committees, programs, grants and contractors. The requested records shall
be made available with all due diligence.
C.
The Office of Finance and Revenue shall have the authority to request information related
to finances from LTBB entities, enterprises, chartered corporations, departments, divisions,
commissions, board, committees, programs, grants and contractors. The requested information
shall be made available with all due diligence.
D.
Establish and maintain all necessary liaison and communication with the officials of the
Tribe and related LTBB entities, enterprises, chartered corporations, departments, divisions,
commissions, boards, committees, programs, grants and contractors, and state and federal agencies
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for the furtherance and accomplishment of the purpose of the office.
E.
Coordinate with the Executive, Judicial Branches, Prosecutor and Election Board in the
development of accounting, budget formulation, and financial-related policies.
F.
Be responsive to the requests of Tribal Council for specific information, providing
management advisory services to the LTBB regarding finances, cash liquidity for current and
future obligations, economic development, budgets and budget formulation processes, and
compliance with financial documents and obligations.
G.
Serve as one of the principal advisors to Tribal Council regarding accounting, systems and
policies.
H.
Exercise supervisory control and direction of all personnel within the office and maintain
the highest standards of quality, ethics, independency and confidentiality. Review, modify and
approve programs, reports and recommendations. Schedule and prioritize audits.
I.
Represent Tribal Council on workgroups that are formed to address financial related
legislation.
J.
Represent the LTBB government within the areas of the responsibility and authority of the
Office and as authorized by Tribal Council, in relations with all persons and organizations outside
the LTBB, and in matters relating to cooperative activities with state or federal agencies.
K.
Provide, to the extent necessary, training programs and library resources for the
development of a well-qualified professional staff. Maintain a continuing education program
designed to qualify staff personnel to meet the government standards.
L.
Enter into agreements, as deemed necessary with LTBB, state or federal departments or
offices for the sole purpose of accomplishing the objectives of the office, subject to review by and
approval of Tribal Council.
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M.
Delegate authority to appropriate staff when necessary.
N.
Report directly to Tribal Council or its designee on all operational issues and be
responsible for the accomplishment of the purposes of the office.
(Source: WOS 2016-005, August 26, 2016, Section III)
15.1004
INTERNAL ORGANIZATION
A.
The Department shall begin operations with currently employed LTBB staff as
designated by Tribal Council.
B.
All other personnel shall be hired and compensated pursuant to LTBB policies and
procedures relating to qualifications, experience, Odawa preference, salaries, etc.
(Source: WOS 2016-005, August 26, 2016, Section IV)
15.1005
SAVINGS CLAUSE
In the event that any phrase, provision, part, paragraph, subsection or section of this statute is found
by a court of competent jurisdiction to violate the Constitution, laws or ordinances of the Little
Traverse Bay Bands of Odawa Indians, such phrase, provision, part, paragraph, subsection or
section shall be considered to stand alone and to be deleted from this statute, the entirety of the
balance of the statute to remain in full and binding force and effect.
(Source: WOS 2016-005, August 26, 2016, Section V)
15.1006
EFFECTIVE DATE
Effective upon signature of the Executive or shall be deemed enacted if not expressly vetoed by
the Executive within thirty (30) days of submission. Tribal Council may, by an affirmative vote
of seven (7) members of the Tribal Council, override a veto by the Executive.
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(Source: WOS 2016-005, August 26, 2016, Section VI)
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Chapter 11. Liquor and Tobacco Licensing Board Statute
(As required under 18 U.S.C. § 1161, the Department of the Interior published the Liquor and
Tobacco Licensing Board Statute in the Federal Register on April 2, 2015, 80 FR 17779-01)
15.1101
SHORT TITLE
This Statute may be cited as the “Licensing Board.”
(Source: WOS 2009-019, July 26, 2009, Section I)
15.1102
PURPOSE
The purpose of this Statute is to provide for the establishment of the Liquor and Tobacco
Licensing Board that issues, renews and regulates liquor and tobacco licenses and permits in
order to protect the rights and interest of Tribal Citizens.
(Source: WOS 2009-019, July 26, 2009, Section II)
15.1103
DEFINITIONS
The following definitions apply in this Statute:
A.
“Alcoholic Liquor” means the four varieties of liquor (alcohol, spirits, wine and beer)
and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed
liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise
intoxicating; and every liquor or solid or semi-solid or other substance, patented or not,
containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids and all
preparations or mixtures capable of human consumption, and any liquid, semi-solid, solid, or
other substance, which contains more than one percent of alcohol by weight shall be
conclusively deemed to be intoxicating.
B.
“Board” means the Liquor and Tobacco Licensing Board.
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C.
“Cigarette” means any roll for smoking, made wholly or in part of tobacco, irrespective
of size or shape and irrespective of whether the tobacco is flavored, adulterated or mixed with
any other ingredient, where such roll has a wrapper or cover made of paper or any material,
except where such wrapper is wholly or in the greater part made of natural leaf tobacco in its
natural state.
D.
“Licensee” means any person or entity, includes any employee or agent of the Licensee,
licensed by the Tribe to sell alcohol or tobacco on Tribal trust lands.
E.
“LTBB” or “Tribe” means the Waganakising Odawak Nation, also known as the Little
Traverse Bay Bands of Odawa Indians.
F.
“Person” or “Entity” means any individual, firm, partnership, co-partnership, joint
venture, association, social club, fraternal organization, corporation, estate, trust, receiver,
trustee, syndicate or any other group or combination acting as a unit.
G.
“Tobacco Products” means all forms of tobacco prepared in such a manner at to be
suitable for chewing or smoking including cigarettes, cigars, smoking tobacco, snuff, chewing
tobacco.
H.
“Tribal Court” means the Little Traverse Bay Bands of Odawa Tribal Court.
(Source: WOS 2009-019, July 26, 2009, Section III)
15.1104
LIQUOR AND TOBACCO LICENSES
A.
Any person or entity that shall engage in the sale of alcohol or tobacco within the
jurisdiction of the Tribe shall first obtain a license for such sale, provided that any person or entity
engaging in such sales prior to the adoption of this Statute shall obtain a license within sixty (60)
days for the enactment of this Statute.
B.
A license shall be valid for a period of one (1) year from the date of its issuance and shall
expire automatically without notice on the expiration date stated in the license.
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C.
No license shall be transferable.
D.
Temporary licenses for a limited time-frame and purpose may also be available.
(Source: WOS 2009-019, July 26, 2009, Section IV)
15.1105
LIQUOR AND TOBACCO LICENSING BOARD
A.
The Liquor and Tobacco Licensing Board (“Board”) is hereby created within the Executive
Branch to carry out the purposes stated in this Statute, and each annual budget submitted by the
Executive shall include funding for the Board’s operation subject to funding availability.
B.
The Board shall adopt policies and regulation to carry out its duties under this Statute,
subject to Tribal Council approval. General application of Commission, Board and Committee
Statutes shall not apply to this board unless designated otherwise.
C.
The Board shall meet once a year in regular meetings and additionally if necessary within
15 days of receiving any request for action by the Board.
D.
Appointments, Term, Nepotism and Conflict
1.
The Board shall consist of three (3) members nominated by the Executive and
confirmed by the Tribal Council. To be eligible for appointment a person must be
a Tribal Citizen who is at least eighteen (18) years of age and is familiar with all
Tribal liquor and tobacco laws, regulations, policies and procedures. One Board
member will have at least 2 years of experience in law enforcement, legal or
judiciary. The Board members shall serve three year terms with initial
appointments being one member for one year, a second member for two years, and
a third for three years to provide for staggered terms.
2.
Tribal employees may serve on the Board and may be compensated by stipend if
the Board is not directly related to their employment, does not interfere with their
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work, and does not meet during scheduled work hours. If a Board meets during
scheduled working hours and the staff member wishes to attend, the staff member
must utilize PTO (personal time off), or flextime upon prior approval of the
individual’s supervisor.
E.
F.
3.
Two or more members of the same immediate family as defined in the Constitution
shall not serve on the Board at the same time.
4.
No Board member may participate in making any decision that involves a personal
or financial interest of the Board or a member of his or her immediate family unless
such interest is held in common with the Tribe and its Citizens.
Open Meetings and Records
1.
Board meetings shall be open to LTBB Citizens.
2.
Board records shall be open to LTBB Citizens.
3.
The Board must provide notice of meetings at least five days in advance of the
meeting.
Compensation and Stipends
1.
Board members who attend any meeting or hearing directly related to their duties
or attend any event where their attendance is required may be compensated for
attendance so long as there are funds available in the Board’s budget.
2.
Board members shall receive a stipend for attendance at Board meetings subject to
the availability of funds.
3.
Any Board member who attends a properly noticed meeting shall be eligible for a
stipend, mileage, and expenses, even if no official action can be taken due to lack of a quorum.
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(Source: WOS 2009-019, July 26, 2009, Section V)
15.1106
AUTHORITY
A.
B.
The Board shall hear and decide the granting, denial or renewal of licenses and permits.
The Board shall hear and decide on the suspension or revocation of a license based on
citations of violations.
C.
The Board shall hear and decide appeals on the issuance of citations.
D.
The Board may hire inspectors or investigators provided funding availability.
(Source: WOS 2009-019, July 26, 2009, Section VII)
15.1107
A.
APPEALS OF CITATIONS TO THE BOARD
Any party who has received an issuance of citations and disagrees with the citation may
appeal to the Board.
1.
An appeal of a citation must be filed within fourteen (14) days of the issuance of
the citation. The party must file a written appeal to the Board including at a
minimum:
a.
A clear and concise statement of the reason(s) the appellant believes the
decision should be overturned by the Board; and
b.
The relief requested from the Board.
B.
The aggrieved party must be given an effective opportunity to defend themselves by
confronting any adverse witnesses and by being allowed to present witnesses, evidence
and arguments.
C.
The Board shall hear the appeal within 15 calendar days of filing, either during a regular
meeting or special meeting called for that purpose, and issue its written ruling within ten
(10) days of such hearing.
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(Source: WOS 2009-019, July 26, 2009, Section VIII)
15.1108
JUDICIAL REVIEW
A.
Decisions of the Board may be appealed to the Tribal Court by filing a written appeal
with the Court within ten (10) days of the Board’s ruling. The Court shall uphold the
decision of the Board unless the Court determines that the Board’s decision is clearly
arbitrary, capricious, or otherwise not in accordance with applicable law or regulations.
B.
The Tribal Council expressly waives the sovereign immunity of the Tribe and its agents
for the limited purpose of reviewing the decisions of the Board under the standards set
forth in Section VI.A and allowing for the remedies set forth in Section VI.C.
C.
In the event the Court finds the Board’s decision to be clearly arbitrary, capricious, or
otherwise not in accordance with applicable law or regulations, it shall enter an equitable
order overturning the Board’s action, but shall not award monetary damages.
(Source: WOS 2009-019, July 26, 2009, Section IX)
15.1109
SOVERIEGN IMMUNITY
The Tribe, and all of its constituent parts, which includes but is not limited to Tribal enterprises,
subordinate organizations, boards, committees, officers, employees and agents, are immune from
suit in any jurisdiction except to the extent that such immunity has been clearly and expressly
waived by Tribe Council.
(Source: WOS 2009-019, July 26, 2009, Section X)
15.1110
REGULATIONS
The Executive may develop Regulations as it deems necessary for the implementation of the
intent of this Statute and shall forward such Regulations to the Tribal Council for approval.
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(Source: WOS 2009-019, July 26, 2009, Section XI)
15.1111
SAVINGS CLAUSE
In the event that any section, subsection or phrase of this Statute is found by a court of competent
jurisdiction to violate the Constitution or laws of the Little Traverse Bay Bands of Odawa
Indians, such part shall be considered to stand alone and to be deleted from this Statute, the
entirety of the balance of the Statute to remain in full and binding force and effect so long as the
overall intent of the Statute remains intact.
(Source: WOS 2009-019, July 26, 2009, Section XII)
15.1112
EFFECTIVE DATE
Effective upon the signature of the Executive, or 30 days from submission to the Executive
branch, or if the Executive vetoes the legislation, then upon Tribal Council override of the veto.
(Source: WOS 2009-019, July 26, 2009, Section XIII)
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Chapter 12. Health Department
15.1201
PURPOSE
This Statute is hereby enacted to establish the Health Department that is responsible for
overseeing all Health related programs and personnel including physical and mental health to
ensure a holistic approach by respecting and intertwining both modern and traditional healing.
(Source: WOS 2010-002, June 6, 2010, Section I)
15.1202
D.
DEFINITIONS
“Anishinaabemowin” means the language spoken by the Odawa people.
E.
“Cultural” means aspects of the Odawa history, spirituality, traditions, arts and crafts,
values and mannerisms.
F.
“Cultural Proficiency” means the knowledge, skills, and attitudes/beliefs that enable a
person to work well with, respond effectively to, and be supportive of the Odawa Citizens.
G.
“Department” means Health Department.
H.
“Director” means the Health Department Director.
I.
“Tribe” means the Little Traverse Bay Bands of Odawa Indians.
(Source: WOS 2010-002, June 6, 2010, Section II)
15.1203
CREATION OF THE DEPARTMENT
A.
Pursuant to Article VII (D) (22) of the Tribal Constitution the Tribal Council shall have
the power to: “Approve the creation or dissolution of Executive divisions or departments to
promote and protect the peace, health, safety, education, and general welfare, including but not
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limited to cultural and natural resources, of the Little Traverse Bay Bands of Odawa Indians and
its members”.
B.
The Tribal Council hereby approves the creation of the Health Department within the
Executive Branch of government.
(Source: WOS 2010-002, June 6, 2010, Section III)
15.1204
A.
AUTHORITY AND DUTIES
The Department shall have the following duties under the direction of the Director:
1.
Promote, design and implement health programs for each facet of our tribal
community.
2.
Strive to improve and enhance the understanding of health related issues within our
community and in the greater community.
3.
Assist with annual community events that incorporate health and
wellbeing.
4.
Provide services and programs that increase health and wellbeing.
5.
Administer health-based programs, grants and projects that assist our Tribal
Citizens with an awareness of the unique needs of our Tribal Citizens.
6.
Establish more interactive resources for tribal citizens that utilize the most current
and feasible technologies.
7.
Administer all Indian Health Services’ health-related programs and funding
received by the Tribe, as appropriate.
8.
Administer all funds and grants to the Tribe related to health matters, as
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appropriate.
9.
Establish appropriate programs such as health clinic, dental clinic, contract health,
healthy start, community outreach, diabetes self-management, substance abuse, mental
health and any other applicable health related opportunities.
(Source: WOS 2010-002, June 6, 2010, Section IV)
15.1205
STAFFING
A.
The Department shall begin operations with current staff of the health clinic, dental
clinic, contract health, healthy start, community outreach, diabetes self-management, substance
abuse, mental health and any other applicable health related department, division or program, as
appropriate.
B.
The Director shall authorize and implement such divisions and programs as necessary to
meet the health related needs of the Tribal community.
I.
Only persons who possess cultural proficiency shall be
eligible for hire in this Department with the exception of hiring persons that provide technical
expertise outside of the Odawa Cultural or Anishinaabemowin.
(Source: WOS 2010-002, June 6, 2010, Section V)
15.1206
REGULATIONS REQUIRED
Any regulations shall be developed by the Executive Branch and presented to Tribal Council for
approval in accordance with the Administrative Procedures Act.
(Source: WOS 2010-002, June 6, 2010, Section IV)
15.1207
APPROPRIATIONS AUTHORIZED
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Any current appropriations for the health clinic, dental clinic, contract health, healthy start,
community outreach, diabetes self-management, substance abuse, mental health and any other
applicable health related department, division or program, as appropriate, shall be used to
implement this Statute and the Executive shall present Tribal Council with future annual budgets
necessary to implement this Statute.
(Source: WOS 2010-002, June 6, 2010, Section VII)
15.1208
SEVERABILITY
If any section, subsection, paragraph, sentence, phrase or portion of this Statute is, for any
reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
(Source: WOS 2010-002, June 6, 2010, Section VIII)
15.1209
EFFECTIVE DATE
Effective upon signature of the Executive or 30 days from Tribal Council approval whichever
comes first or if the Executive vetoes the legislation, then upon Tribal Council override of the
veto.
(Source: WOS 2010-002, June 6, 2010, Section IX)
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Chapter 13. Repeal of Waganakising Odawak Statute 2010-007 Legal and Legislative
Committee
15.1301
PURPOSE
The purpose of this Statute is to repeal the Waganakising Odawak Statute 2010-007
Legal and Legislative Committee Statute.
(Source: WOS 2015-021, November 13, 2015, Section I)
15.1302
FINDINGS and REPEALED
The Legal and Legislative Committee is no longer applicable to the current organization
of the Little Traverse Bay Bands of Odawa Indians tribal government and WOS 2010-007, Legal
and Legislative Committee Statute along with any of its policies are hereby repealed in its
entirety.
(Source: WOS 2015-021, November 13, 2015, Section II)
15.1303
SAVINGS CLAUSE
In the event that any phrase, provision, part, paragraph, subsection or section of this
statute is found by a court of competent jurisdiction to violate the Constitution, laws, ordinances
or statutes of the Little Traverse Bay Bands of Odawa Indians, such phrase, provision, part,
paragraph, subsection or section shall be considered to stand alone and to be deleted from this
statute, the entirety of the balance of the statute to remain in full and binding force and effect
(Source: WOS 2015-021, November 13, 2015, Section III)
15.1304
EFFECTIVE DATE
Effective upon signature of the Executive or thirty (30) days from Tribal Council approval
whichever comes first or if the Executive vetoes the legislation, then upon Tribal Council override
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of the veto.
(Source: WOS 2015-021, November 13, 2015, Section IV)
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Version 2024.2
Chapter 14. Accounting Department
15.1401
PURPOSE
The purpose of this Statute is to create the Accounting Department to provide the
administration of appropriations and accounting services for the Tribe, other than gaming related
enterprises.
(Source: WOS 2011-009, May 2, 2011, Section I)
15.1402
DEFINITIONS
A.
“Constitution” or “Tribal Constitution” means the Constitution of the Little Traverse
Bay Bands of Odawa Indians as adopted on February 1, 2005, and any amendments thereto.
B.
“Executive Branch” means the Branch identified in Article VIII of the Tribal
Constitution.
C.
“LTBB” or “Tribe” for the purposes of this Statute means the three branches of
government-Legislative, Executive and Judiciary, including the Election Board and Prosecutor’s
Office of the Little Traverse Bay Bands of Odawa Indians.
D.
“Tribal Council” or “Council” means the elected body of the Little Traverse Bay Bands
of Odawa Indians to carry out legislative powers under Article VII of the Constitution.
(Source: WOS 2011-009, May 2, 2011, Section II)
15.1403
CREATION OF THE OFFICE
A.
Pursuant to Article VI of the Tribal Constitution the Executive Branch administers the
funds that are appropriated by Tribal Council.
B.
The Tribal Council hereby creates and establishes the Accounting Department
within the Executive Branch.
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(Source: WOS 2011-009, May 2, 2011, Section III)
15.1404
AUTHORITY AND DUTIES
The Accounting Department shall have the following authority and duties:
A.
To conduct internal audits in accordance with Generally Accepted Auditing
Standards for internal audits to the extent those standards are not in conflict with the
Constitution or laws of the Tribe.
B.
To request information and documents from any Tribal Governmental Branch,
Prosecutor’s Office, Election Board including departments, boards, commissions,
committees and businesses of the Tribe as it relates to the finances and accounting.
C.
To oversee budgeting, accounting, purchasing and payroll for compliance with laws,
regulations and Tribal Council approved policies, along with maintaining proper records to afford
adequate accounting controls and services.
D.
To establishes budget programs.
E.
To oversee grant compliance.
F.
To assist each of the governmental branches of government; Legislative, Executive, and
Judiciary along with the Prosecutor’s office and Election Board with any and all accounting,
purchasing, budgets, compliance, grant compliance and any other accounting related matter.
G.
To assist in the preparation of an annual report as mandated by the Constitution for
distribution at the annual meeting that includes all appropriations of operating funds and Tribal
enterprises by department showing how the funds were spent and profit and loss statements where
applicable and submit same to Tribal Treasurer for approval.
H.
To evaluate the program’s expenditures, and audits of the government and businesses
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of the Tribe and provide suggestions to the Executive and Tribal Council on methods to make
the government more efficient, effective, and responsive to the needs of the Tribal Citizens.
I.
To prescribe additional auditing standards and financial practices as necessary to be
presented for approval by the Tribal Council.
J.
To perform financial functions for the Tribe, other than gaming enterprises, such as
payroll, accounts payable, revenue receipts, general ledger maintenance, cash management
activities, bank reconciliations, and monitoring of grant activities and grants requirements.
K.
To perform financial functions for the Tribal non-gaming enterprises and Tribally
Chartered Corporations, if requested by said entity, such as payroll, accounts payable, revenue
receipts, general ledger maintenance, cash management activities, bank reconciliations, and
monitoring of grant activities and grants requirements.
L.
To provide copies of all audits and findings to Tribal Council.
M.
To provide Tribal Council quarterly reports, an annual report and an annual audited
financial statements including all it enterprises and component units.
(Source: WOS 2011-009, May 2, 2011, Section IV)
15.1405
STAFFING
The Office shall begin operations with current staff of the accounting department.
(Source: WOS 2011-009, May 2, 2011, Section V)
15.1406
APPROPRIATIONS AUTHORIZED
Any current appropriations for the accounting department, as appropriate, shall be used to
implement this Statute.
(Source: WOS 2011-009, May 2, 2011, Section VI)
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15.1407
ADMINISTRATIVE PROCEDURES REQUIRED
Administrative Procedures shall be developed within One hundred and Twenty days (120) days
by the Executive Branch and presented to Tribal Council for approval in accordance with the
Administrative Procedures Act 2008-001, or as amended, in order to clarify the implementation of
Waganakising Odawak Statute 2011-009 Accounting Department by defining how the Department
will administer funds and services.
Source: WOS 2014-007 Amended 2011-009, August 7, 2014, Section VII by Override)
15.1408
SEVERABILITY
If any section, subsection, paragraph, sentence, phrase or portion of this Statute is, for any
reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
(Source: WOS 2014-007 Amended 2011-009, August 7, 2014, Section VIII by Override)
14.1409
EFFECTIVE DATE
Effective upon signature of the Executive or 30 days from Tribal Council approval
whichever comes first or if the Executive vetoes the legislation, then upon Tribal Council override
of the veto.
(Source: WOS 2014-007 Amended 2011-009, August 7, 2014, Section IX by Override)
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Version 2024.2
Chapter 15. Department of Repatriation, Archives and Records
15.1501
SHORT TITLE
This Statute shall be entitled “Department of Repatriation, Archives and Records” Statute.
This statute rescinds and replaces “Gijigowi Bibskaabiimi” WOS 2010-008.
(Source: WOS 2012-002, April 22, 2012, Section I)
15.1502
PURPOSE
To create the Executive Department of the Repatriation, Archives and Records and to
provide coordination and assistance for the MACPRA/NAGPRA Representative. The Department
shall manage Tribal Archives and house and process Tribal records and assist the
MACPRA/NAGPRA Representative with duties relating to the repatriation of Native American
remains and cultural items and will receive and manage such items.
(Source: WOS 2012-002, April 22, 2012, Section II)
15.1503
DEFINITIONS
A.
“Archives” means the collection of tribal history and culture that is significant to the
identity of Odawa people.
B.
“Cultural” means aspects of the Odawa history, spirituality, traditions, arts, values and
mannerisms.
C.
“Cultural Proficiency” means the knowledge, skills, and attitudes/beliefs that enable a
person to work well with, respond effectively to, and be supportive of the Odawa Citizens and
Community.
D.
“Department” means the Repatriation and Archival Records Department.
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E.
“MACPRA” means the Michigan Anishnaabeg Cultural Preservation and Repatriation
Alliance. An alliance of the Tribe of Michigan that defends and protects indigenous grave and
traditional cultural properties.
F.
“NAGRPA” means the Native American Graves Protection and Repatriation Act (as
amended).
G.
“Remains” means Tribal ancestral remains or Native American remains and/or funerary
objects.
H.
“Representative” means the person designated as the Tribe’s representative to
MACPRA and authorized by NAGPRA on behalf of the Tribe.
I.
“Tribe” means the Little Traverse Bay Bands of Odawa Indians or the Waganakising
Odawa.
(Source: WOS 2012-002, April 22, 2012, Section III)
15.1504
CREATION OF THE REPATRIATION AND ARCHIVAL RECORDS
DEPARTMENT
A.
Pursuant to Article VII (D) (22) of the Tribal Constitution the Tribal Council shall have
the power to: “Approve the creation or dissolution of Executive divisions or departments to
promote and protect the peace, health, safety, education, and general welfare, including but not
limited to cultural and natural resources, of the Little Traverse Bay Bands of Odawa Indians and
its members”.
B.
The Tribal Council hereby approves the creation of the Repatriation and Archival Records
Department within the Executive Branch of government and shall be overseen by the Repatriation
and Archival Records Department Director.
(Source: WOS 2012-002, April 22, 2012, Section IV)
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15.1505
A.
DEPARTMENT AUTHORITY
Collect, preserve and manage any and all information about the Odawa people, both
historical and contemporary, utilizing the most current methods of archival preservation and
digitization in order to create a seamless process for internal creation of educational
materials, programs, classes and resources.
B. Serve as a clearing house and storage facility for all government documents and products
created through government processes and functions.
C. The Department shall coordinate with the Representative to ensure that the repatriation of
Native Ancestral remains, cultural patrimony, and sacred objects to tribe is handled in a
culturally significant manner.
D. The Department shall coordinate with the Representative to ensure that traditional cultural
properties and sacred sites are protected.
E.
The Department shall assist the Representative with administrative tasks and services.
(Source: WOS 2012-002, April 22, 2012, Section V)
15.1506
A.
STAFFING
If appropriate, the Department shall begin operations with currently employed LTBB
staff as designated by the Executive.
B.
All research, academic, and work products produced by the Department shall belong to the
Tribe and be considered public documents.
C.
Credits may be given for program and/or individual contributions to materials produced by
the Department.
D.
Copies may be used in educational promotion purposes; all copies shall include all original
credits.
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E.
Copy for profit shall be prohibited.
F.
Only persons who possess cultural proficiency shall be eligible for hire in this Department
with the exception of hiring persons that provide technical expertise outside of the Odawa culture
or Anishinaabemowin.
(Source: WOS 2012-002, April 22, 2012, Section VI)
15.1507
APPROPRIATIONS
The current appropriations for the Archives and Records Program within the Gijigowi
Bibskaabiimi Department shall be used to implement this statute along with any additional
supplemental funds necessary to meet the obligations of this Statute; and the Executive shall
present Tribal Council with future annual budgets necessary to implement this statute.
(Source: WOS 2012-002, April 22, 2012, Section VII)
15.1508
REPEAL
Any Statute, Resolution or Regulation, or portion therein, that is in conflict with this Statute
is repealed upon the effective date of this Statute.
(Source: WOS 2012-002, April 22, 2012, Section VIII)
15.1509
SEVERABILITY
If any section, subsection, paragraph, sentence, phrase or portion of this Statute is, for any
reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
(Source: WOS 2012-002, April 22, 2012, Section IX)
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15.1510
EFFECTIVE DATE
Effective upon signature of the Executive or 30 days from Tribal Council approval
whichever comes first or if the Executive vetoes the legislation, then upon Tribal Council override
of the veto AND the passage of Waganakising Odawak Statute Education Department and
Waganakising Odawak Statute Gijigowi Anishinaabemowin Language Department.
(Source: WOS 2012-002, April 22, 2012, Section X)
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Version 2024.2
Chapter 16. Education Department
15.1601
PURPOSE
This Statute is hereby enacted to establish an Education Department. This statute rescinds
and replaces “Gijigowi Bibskaabiimi” WOS 2010-008.
(Source: WOS 2012-003, April 22, 2012, Section I)
15.1602
DEFINITIONS
A.
“Cultural” means aspects of the Odawa history, spirituality, traditions, arts, values and
mannerisms.
B.
“Cultural Proficiency” means the knowledge, skills, and attitudes/beliefs that enable a
person to work well with, respond effectively to, and be supportive of the Odawa Citizens.
C.
“Department” means Education Department.
D.
“Tribe” means the Little Traverse Bay Bands of Odawa Indians.
(Source: WOS 2012-003, April 22, 2012, Section II)
15.1603
CREATION OF THE DEPARTMENT
A.
Pursuant to Article VII (D) (22) of the Tribal Constitution the Tribal Council shall have
the power to: “Approve the creation or dissolution of Executive divisions or departments to
promote and protect the peace, health, safety, education, and general welfare, including but not
limited to cultural and natural resources, of the Little Traverse Bay Bands of Odawa Indians and
its members”.
B.
The Tribal Council hereby approves the creation of the Education Department within the
Executive Branch of government, and shall be overseen by the Education Department Director.
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(Source: WOS 2012-003, April 22, 2012, Section III)
15.1604
B.
AUTHORITY AND DUTIES
The Department shall have the following duties:
1.
Promote, design and implement cultural training programs for each facet of our
Tribal community and Tribal government.
2.
Strive to improve and enhance the understanding of Tribal culture within our
community and in the greater community.
3.
Collaborate with other LTBB departments to infuse culture and spirituality into
their programs and activities.
4.
Assist with annual community events that incorporate Odawa traditions and
culture.
5.
Provide services and programs that increase accessibility to two kinds of
"traditional" education in tandem: formal, mainstream schooling and culturally-based,
spiritual teachings.
6.
Administer education-based programs, grants and projects that assist our people
to reach their personal and educational goals with an awareness of the unique needs of our
Tribal Citizens.
7.
Utilize the cultural knowledge of our ancestors and our elders to pursue and provide
programs, activities, initiatives and grant-supported projects for our youth that work to
instill pride in our children in being Odawa.
8.
Establish more interactive resources for Tribal Citizens that utilize the most current
and feasible technologies.
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9.
Administer all BIA education-related programs and funding received by the
Tribe.
10.
Establish appropriate programs such as Head Start, Kindergarten through Twelfth
grade, Adult Education, and General Educational Development (GED) programs, Adult
Vocational Training (AVT), Higher Education, Educational Grants and Cultural Learning
Programs and any other applicable learning opportunities.
11.
Establish an educational center that enables Tribal Citizens and the greater
community members to access historical information and data.
12.
Establish and maintain a cultural library.
(Source: WOS 2012-003, April 22, 2012, Section IV)
15.1605
STAFFING
A.
If appropriate, the Department shall begin operations with currently employed LTBB
staff as designated by the Executive.
B.
All research, academic, and work products produced by the Department shall belong to the
Tribe and be considered public documents.
C.
Credits may be given for program and/or individual contributions to materials produced by
the Department.
D.
Copies may be used in educational promotion purposes; all copies shall include all original
credits.
E.
Copy for profit shall be prohibited.
F.
Only persons who possess cultural proficiency shall be eligible for hire in this Department
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with the exception of hiring persons that provide technical expertise outside of the Odawa culture
or Anishinaabemowin.
(Source: WOS 2012-003, April 22, 2012, Section V)
15.1606
REGULATIONS REQUIRED
Any regulations shall be developed by the Executive Branch and presented to Tribal
Council for approval in accordance with the Administrative Procedures Act.
(Source: WOS 2012-003, April 22, 2012, Section VI)
15.1607
APPROPRIATIONS AUTHORIZED
The Tribe has established Educational programs within the Gijigowi Bibskaabiimi
Department. Upon the enactment of this Statute, the Educational program funds will be moved
under the Education Department with the current appropriations for the Educational programs
within the Gijigowi Bibskaabiimi Department along with any additional supplemental funds
necessary to meet the obligations of this Statute; and the Executive shall present Tribal Council
with future annual budgets necessary to implement this statute.
(Source: WOS 2012-003, April 22, 2012, Section VII)
15.1608
REPEAL
Any Statute, Resolution or Regulation, or portion therein, that is in conflict with this Statute
is repealed upon the effective date of this Statute.
(Source: WOS 2012-003, April 22, 2012, Section VIII)
15.1609
SEVERABILITY
If any section, subsection, paragraph, sentence, phrase or portion of this Statute is, for any
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reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
(Source: WOS 2012-003, April 22, 2012, Section IX)
15.1610
EFFECTIVE DATE
Effective upon signature of the Executive or 30 days from Tribal Council approval
whichever comes first or if the Executive vetoes the legislation, then upon Tribal Council override
of the veto AND the passage of Waganakising Odawak Statute Department of the Repatriation,
Archives and Records and Waganakising Odawak Statute Gijigowi Anishinaabemowin Language
Department.
(Source: WOS 2012-003, April 22, 2012, Section X)
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Version 2024.2
Chapter 17. Gijigowi Anishinaabemowin Language Department
15.1701
PURPOSE
This Statute is hereby enacted to establish the Anishinaabemowin Department for promoting and
revitalizing Anishinaabemowin. This Statute is in honor of Gijigowi, Victor Simon Kishigo, for
his dedication and work to revitalize Anishinaabe Culture and Anishinaabemowin. This statute
rescinds and replaces “Gijigowi Bibskaabiimi” WOS 2010-008.
(Source: WOS 2012-004, April 22, 2012, Section I)
15.1702
DEFINITIONS
A.
“Anishinaabemowin” means the language spoken by the Odawa people in accordance
with the Constitution, Article III (B).
B.
“Cultural” means aspects of the Odawa history, spirituality, traditions, arts, values and
mannerisms.
C.
“Cultural Proficiency” means the knowledge, skills, and attitudes/beliefs that enable a
person to work well with, respond effectively to, and be supportive of the Odawa Citizens and
Community.
D.
“Department” means the Gijigowi Anishinaabemowin Language Department.
E.
“Tribe” or “LTBB” means the Little Traverse Bay Bands of Odawa Indians.
(Source: WOS 2012-004, April 22, 2012, Section II)
15.1703
A.
CREATION OF THE GIJIGOWI ANISHINAABEMOWIN
DEPARTMENT
Pursuant to Article VII (D) (22) of the Tribal Constitution the Tribal Council shall have
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the power to: “Approve the creation or dissolution of Executive divisions or departments to
promote and protect the peace, health, safety, education, and general welfare, including but not
limited to cultural and natural resources, of the Little Traverse Bay Bands of Odawa Indians and
its members”.
B.
The Tribal Council hereby approves the creation of the Anishinaabemowin Department
titled “Gijigowi Anishinaabemowin Language Department” within the Executive Branch of
government and shall be overseen by the Language Department Director.
(Source: WOS 2012-004, April 22, 2012, Section III)
15.1704
A.
AUTHORITY AND DUTIES
The Department shall have the following duties:
1.
Shall promote the preservation and revitalization of Anishinaabemowin and
Anishinaabe culture.
2.
Shall be responsible for administering all funds and grants to the Tribe related to
Anishinaabemowin.
3.
Shall be tasked with developing Anishinaabemowin resources, including
curriculum, training aids, video and audio products.
4.
Shall provide Anishinaabemowin educational programs.
5.
Shall be responsible for adopting a common method of spelling.
6.
Shall be responsible for assisting all LTBB governmental entities and enterprises
with formal Anishinaabek names or requests.
(Source: WOS 2012-004, April 22, 2012, Section IV)
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15.1705
STAFFING
A.
If appropriate, the Department shall begin operations with currently employed LTBB
staff as designated by the Executive.
B.
All research, academic, and work products produced by the Department shall belong to
the Tribe and be considered public documents.
C.
Credits may be given for program and/or individual contributions to materials produced
by the Department.
D.
Copies may be used in educational promotion of Anishinaabemowin; all copies shall
include all original credits.
E. Copy for profit shall be prohibited.
F.
Only persons working towards or have obtained fluency in Anishinaabemowin and
possess Cultural Proficiency shall be eligible for hire in this Department with the exception of
hiring persons that provide technical expertise outside of Anishinaabemowin.
(Source: WOS 2012-004, April 22, 2012, Section V)
15.1706
REGULATIONS REQUIRED
Any regulations shall be developed by the Executive Branch and presented to Tribal Council for
approval in accordance with the Administrative Procedures Act.
(Source: WOS 2012-004, April 22, 2012, Section VI)
15.1707
APPROPRIATIONS AUTHORIZED
The Tribe has established an Anishinaabemowin Language Program within the Gijigowi
Bibskaabiimi Department. Upon the enactment of this Statute, the language program funds will
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be moved under the Language Department along with any additional supplemental funds necessary
to meet the obligations of this Statute; and the Executive shall present Tribal Council with future
annual budgets necessary to implement this statute.
(Source: WOS 2012-004, April 22, 2012, Section VII)
15.1708
REPEAL
Any Statute, Resolution or Regulation, or portion therein, that is in conflict with this Statute
is repealed upon the effective date of this Statute.
(Source: WOS 2012-004, April 22, 2012, Section VIII)
15.1709
SEVERABILITY
If any section, subsection, paragraph, sentence, phrase or portion of this Statute is, for any reason,
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portions thereof.
(Source: WOS 2012-004, April 22, 2012, Section IX)
15.1710
EFFECTIVE DATE
Effective upon signature of the Executive or 30 days from Tribal Council approval whichever
comes first or if the Executive vetoes the legislation, then upon Tribal Council override of the veto
AND the passage of Waganakising Odawak Statute Education Department and Waganakising
Odawak Statute Department of the Repatriation, Archives and Records.
(Source: WOS 2012-004, April 22, 2012, Section X)
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Chapter 18. Office of Citizens Legal Assistance
Codification Note: The chapter previously located here has been repealed and replaced by
WOS 2022-003 Enjinaaknegeng, See 15.601 of this Title.
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Chapter 19. Office of Executive Services Attorney
15.1901
ESTABLISHMENT
This Statute hereby establishes under the Executive an office to be known as the Office of
the Executive Services Attorney, also referred to in this Statute as the "Office".
(Source: WOS 2012-007, July 8, 2012, Section I)
15.1902
PURPOSE
The purpose of the Office shall be to provide legal advice to the Tribal Chair and assist the
Tribal Chair in carrying out the duties of the Tribal Chair.
(Source: WOS 2012-007, July 8, 2012, Section II)
15.1903
POLICY
The Office shall maintain impartiality as to issues of Executive policy to be determined by
the Tribal Chair, and shall not advocate the adoption or rejection of any policy decisions. The
Office shall maintain the attorney-client relationship with respect to all communications between
it and the Tribal Chair and shall serve as the attorney for the Tribal Chair in any court action.
(Source: WOS 2012-007, July 8, 2012, Section III)
15.1904
FUNCTIONS
The functions of the Office shall be as follows:
A.
Upon request of the Tribal Chair, to assist in the drafting of regulations, resolution,
policies, statutes, and accompanying reports, in accordance with the policy objectives of
the Tribal Chair.
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B.
Provide legal counsel and services upon request of the Tribal Chair.
C.
To objectively advise Tribal Chair on interpretation of any legislation, regulations,
resolutions or policies.
(Source: WOS 2012-007, July 8, 2012, Section IV)
15.1905
STAFFING
The Office will be staffed by an Executive Services Attorney, and such staff as may be
provided for in a budget approved by Tribal Council.
(Source: WOS 2012-007, July 8, 2012, Section V)
15.1906
SEVERABILITY
If any section, subsection, paragraph, sentence, phrase or portion of this Statute is, for any
reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
(Source: WOS 2012-007, July 8, 2012, Section VI)
15.1907
EFFECTIVE DATE
Effective upon the signature of the Executive, or 30 days from submission to the Executive branch,
or if the Executive vetoes the legislation, then upon Tribal Council override of the veto.
(Source: WOS 2012-007, July 8, 2012, Section VII)
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Chapter 20. Department of Human Services
15.2001
PURPOSE
The purpose of the Statute is to establish a Little Traverse Bay Bands of Odawa Indians
(LTBB) governmental Executive department entitled “Department of Human Services” that shall
work with families in a way that is characteristic of the LTBB inherent cultural traditions,
customs, and values and address the well-being and protection of LTBB children, adults,
families, communities and the Tribe.
(Source : WOS 2012-009, August 5, 2012, Section I)
15.2002
DEFINITIONS
A.
“Constitution” or “Tribal Constitution” means the Constitution of the Little Traverse Bay
Bands of Odawa Indians as adopted on February 1, 2005, and any amendments thereto.
B.
“Executive Branch” means the Branch identified in Article VIII of the Tribal
Constitution.
C.
“LTBB” or “Tribe” means the Little Traverse Bay Bands of Odawa Indians.
D.
“Tribal Council” or “Council” means the elected body of the Little Traverse Bay Bands
of Odawa Indians to carry out legislative powers under Article VII of the Constitution.
(Source: WOS 2012-009, August 5, 2012, Section II)
15.2003
A.
CREATION OF THE OFFICE
Pursuant to Article VII of the Tribal Constitution the Legislative Branch approves the
creation or dissolution of Executive divisions or departments to promote and protect the peace,
health, safety, education, and general welfare, including but not limited to cultural and natural
resources, of the Little Traverse Bay Bands of Odawa Indians and its members.
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B.
The Tribal Council hereby creates and establishes the Department of Human Services
within the Executive Branch.
(Source: WOS 2012-009, August 5, 2012, Section III)
15.2004
AUTHORITY AND DUTIES
The Department of Human Services shall:
A.
Provide a high level of social well-being essential to the improvement of the quality of
life within the Tribe by providing programs that emphasize prevention and preservation of the
family.
B.
Act as the outreach center that oversees resources administered through the Department
so Tribal Citizens can make decisions and choices affecting their present and future economic
and social stability. Provide for effective communication and dissemination of Tribal
information to the Tribal community regarding Departmental services.
C.
Promote family unity and well-being through protection of LTBB children, adults,
families, communities and the Tribe.
D.
Collaborate, consult and negotiate with tribal, state and federal agencies for the purpose
of promoting the wellbeing of all Tribal Citizens and citizens from other tribes including issues
surrounding any child and adult welfare.
E.
Have responsibility for investigating Indian child welfare and adult welfare matters,
including interaction with state, federal and other tribal human services agencies.
F.
Work with appropriate officials and departments to draft petitions for the protection of
children and adults.
G.
In conjunction with the Child Welfare Commission, determine appropriate placement
recommendations to the Presenting Office and Court for child welfare matters.
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H.
Determine appropriate placement recommendations for adult welfare matters.
I.
Maintain appropriate documentation and records according to applicable laws.
J.
Provide direct services to clients in need via effective and documented case management
as well as link them to other available resources.
K.
When implementing services to a minor child, the child’s family will have an opportunity
to be involved in decisions affecting services for that child.
(Source: WOS 2012-009, August 5, 2012, Section IV)
15.2005
INTERNAL ORGANIZATION
A.
The Department of Human Services shall consist of such divisions, branches, and offices
necessary for the execution of its mission, performance of its mandated functions, and to achieve
its annual goals and objectives.
B.
The Department shall employ staff professionals and support personnel and/or contract
with professional service firms as determined by the Director and consistent with the laws of
LTBB. Such staff professionals and support personnel and/or professional firms shall meet
minimal background standards for employment.
C.
The Department shall maintain a current organizational chart. The organizational chart
shall accompany its annual budget submission and any supplemental funding requests in
accordance with the LTBB Budget Formulation Process.
D.
The Department Director shall be a full-time employee and paid compensation
commensurate with his or her skills, education, experience, and responsibilities and within the
standards of compensation established by LTBB.
1.
The Director shall be responsible for operating within the annually appropriated
budget for the Department.
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2.
The Director may not serve as an ex officio member of any LTBB commissions,
committees or boards.
E.
The Department shall work with the Child Welfare Commission in accordance with the
Child Welfare Commission and Child Protection Statutes. The Child Welfare Commission shall
be consulted during the development of the Department’s annual goals and objectives and issues
that involve child protection and welfare.
F.
Annual Report.
The Department of Human Services shall prepare a final written annual report within thirty
(30) calendar days of the end of each fiscal year. It will report on the activities of the Department,
achievement of the goals and objectives for the previous fiscal year, and the impact, if any, of
fiscal constraints on its current goals and objectives. The Report shall be submitted to the Executive
who shall provide it to Tribal Council within thirty (30) calendar days of receipt.
(Source: WOS 2012-009, August 5, 2012, Section V)
15.2006
STAFFING
Any current employees for the Human Services Department shall remain and be used to
implement this Statute.
(Source: WOS 2012-009, August 5, 2012, Section VI)
15.2007
APPROPRIATIONS AUTHORIZED
Any current appropriations for the Human Services Department, as appropriate, shall be
used to implement this Statute and the Executive shall present Tribal Council with future annual
budget requests necessary to implement this Statute.
(Source: WOS 2012-009, August 5, 2012, Section VII)
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15.2008
REGULATIONS
Regulations and/or policies promulgated to implement this Statute shall follow the
Administrative Procedures Act.
(Source: WOS 2012-009, August 5, 2012, Section VIII)
15.2009
ADMINISTRATIVE PROCEDURES REQUIRED
Administrative Procedures shall be developed by the Executive Branch and presented to
Tribal Council for approval in accordance with the Administrative Procedures Act 2008-001, or
as amended, in order to clarify the implementation of this Statute by defining how the department
will implement daily activities.
(Source: WOS 2014-004, May 6, 2014, Section IX)
15.2010
SAVINGS CLAUSE
In the event that any phrase, provision, part, paragraph, subsection or section of this Statute
is found by a court of competent jurisdiction to violate the Constitution, laws or ordinances of the
Little Traverse Bay Bands of Odawa Indians, such phrase, provision, part, paragraph, subsection
or section shall be considered to stand alone and to be deleted from this Statute, the entirety of the
balance of the Statute to remain in full and binding force and effect.
(Source: WOS 2012-009, August 5, 2012, Section IX)
15.2011
EFFECTIVE DATE
Effective upon signature of the Executive or shall be deemed enacted if not expressly
vetoed by the Executive within thirty (30) days of submission. The Tribal Council may, by an
affirmative vote of seven (7) members of the Tribal Council, override a veto by the executive.
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(Source: WOS 2014-004, May 6, 2014, Section X)
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Chapter 21. Tribal Historic Preservation Office Statute
Codification Note: Repeals and replaces WOS 2018-022
15.2101
PURPOSE
The purpose of this Statute is to establish the Tribal Historic Preservation Office (THPO)
that assumes the duties under National Historic Preservation Act of 1966, as amended (NHPA)
within the exterior boundaries of the Little Traverse Bay Bands of Odawa Indians (LTBB)
reservation; and fulfills the duties of the Native American Graves Protection and Repatriation
Act (NAGPRA) representative(s); and such others as duties and functions as designated by
Tribal Council. This Statute repeals and replaces Waganakising Odawak Statute 2018-022
Tribal Historic Preservation Office Protection and Management of Archaeological, Historical
and Cultural Properties and Cultural Resources, 2014-013, 2013-002, and any and all previous
Statutes.
(Source: WOS 2019-006, June 12, 2019, Section I)
15.2102
ABROGATION AND GREATER RESTRICTIONS
A.
Where this Statute imposes greater restrictions than those contained in relevant Federal
Laws and Regulations, this Statute shall govern.
B.
Other Federal laws and regulations that apply to Tribal Lands administered by the Bureau
of Indian Affairs, but may be superseded by this Statute include: National Historic Preservation
Act of 1966, as amended (NHPA), 16 U.S.C. 470(1988); Archaeological and Historic
Preservation Act of 1974, 16 U.S.C. 469; National Environmental Policy Act (NEPA), 42 U.S.C.
4321 (1988); 36 C.F.R. Part 800: Protection of Historic Properties; American Indian Religious
Freedom Act (AIRFA), 42 U.S.C. 1996 (1988); Native American Graves Protection and
Repatriation Act of 1990 (NAGPRA), 25 U.S.C. 3001; Archaeological Resources Protection Act
of 1979, as amended (ARPA), 16 U.S.C. 470; and Executive Order 13007.
C.
This Statute shall not affect the application of separate actions occurring under State or
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Federal laws.
(Source: WOS 2019-006, June 12, 2019, Section II)
15.2103APPLICABILITY
This Statute shall apply to all individuals, activities, and property, whether free or in trust,
within the exterior boundaries of the Little Traverse Bay Bands of Odawa Indians Reservation.
(Source: WOS 2019-006, June 12, 2019, Section III)
15.2104
DEFINITIONS
A.
“Ancestral Remains” means Tribal ancestral remains or Native American remains along
with any funerary objects.
B.
"BIA-MAO" means the Bureau of Indian Affairs-Minneapolis Area Office.
C.
"Burial Site" means any place of interment, by any means, natural or a physically prepared
location, whether originally below, on, or above the surface of the earth, where human remains or
associated funerary objects are deposited, as part of the death rites of ceremonies of a culture.
D.
“Consultant” means individuals with expertise who meet the United States, Department of
Interior Secretary's Standards.
E.
"Funerary Objects" means objects, that as a part of the death rite or ceremony of a culture,
are reasonably believed to have been placed with individual human remains either at the time of
death or later.
F.
"Historic Preservation” means the research, protection, restoration, and rehabilitation of
historic properties and resources.
G.
"Human Remains" includes any part of a deceased human being in any state of
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decomposition, including the surrounding soil immediately within and adjacent to the burial.
H.
“Land and Reservation Committee” means the standing Committee of Tribal Council.
I.
“NAGPRA” means the Native American Graves Protection and Repatriation Act (as
amended).
J.
"Reservation" means all lands within the boundaries of the Reservations for the Little
Traverse Bay Bands of Odawa Indians as set out in Article I, paragraphs third and fourth of the
Treaty of 1855, 11 Stat. 621, plus any lands set out in Articles Second and Third of the Treaty of
March 28, 1836, 7 Stat. 491, in the event that the 1836 Reservation is determined to include lands
which are not included within the 1855 Reservation, plus any lands outside of those boundaries
which are now or in the future declared to be Little Traverse Bay Bands of Odawa Indians
Reservation by the U.S. Department of the Interior.
K.
“Secretary” means the United States, Department of Interior Secretary.
L.
"THPO" means the Tribal Historic Preservation Office composed of the Tribal Historic
Preservation Officer and staff.
M.
“Tribal Citizen" means a person enrolled with the Tribe.
N.
“Tribal Culturally Significant Sites” means sites that are currently or in the past used by
the Tribe or its Tribal Citizens for gathering of medicines, conducting ceremonies or other tribal
activities; or the site is associated with the cultural practices or beliefs of a Tribal community; or
the site is closely tied to the cultural identity of the community.
O.
“Tribal Historic Properties” means any prehistoric or historic sites, districts, structures, or
objects that are significant to the prehistory, history, architecture, archeology, culture, or spiritual
nature of the Tribe,
P.
“Tribal Sacred Site” means any specific, discrete, narrowly delineated location that is
identified as sacred by virtue of its established religious significance or ceremonial use.
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Q.
"Tribe" means the Little Traverse Bay Bands of Odawa Indians.
R.
"Undertaking" includes any project, activity, or program and any of its elements that may
have potential to affect an historic property, burial site, human remains, sacred site or traditional
cultural property and includes construction, rehabilitation, planning, repair projects, land
clearing, licenses, and permits for buildings, roads and development.
(Source: WOS 2019-006, June 12, 2019, Section IV)
15.2105
TRIBAL HISTORIC RESERVATION OFFICE DUTIES AND
AUTHORITY
A.
A Tribal Historic Preservation Office (THPO) shall be established within the Legislative
Branch to increase efforts in locating, documenting, and evaluating historic properties. This
information shall provide a record of the past for future generations and a copy of the record shall
be housed with the Department of Repatriation, Archives and Records. Information on historic
properties recorded in the ceded territory shall also be collected, evaluated, and recorded, and the
THPO shall have the following duties:
1.
In cooperation with Federal and State agencies, local governments, and private
organizations and individuals, direct, conduct and maintain a comprehensive Tribal-wide
survey of historic properties and maintain inventories of such properties within the exterior
boundaries of the Tribe’s reservation and shall maintain the system for the survey and
inventory of historic properties.
2.
With Tribal Council approval via the Land and Reservation Committee, the THPO
shall identify and nominate eligible properties to the National Register, and otherwise submit
applications for listing historic properties on the National Register;
3.
Establish and maintain the Odawa Historic and Cultural Site Registries in
accordance with applicable laws.
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4.
Prepare and implement a comprehensive Tribal-wide historic preservation plan;
5.
The THPO shall administer Federal assistance funds received by the Tribe for
Historic Preservation activities;
6.
Advise and assist, as appropriate, Federal and State agencies and local governments
in carrying out their historic preservation responsibilities;
7.
Cooperate with the LTBB Tribe, Secretary, the Advisory Council on Historic
Preservation, and other Tribal, Federal and State agencies, local governments, and
organizations and individuals to ensure that historic properties are taken into consideration
at all levels of planning and development;
8.
Provide public information, education, and training, and technical assistance in
historic preservation;
9.
Consult with the appropriate Federal agencies in accordance with the National
Historic Preservation Act on— (i) Federal undertakings that may affect historic properties;
and (ii) the content and sufficiency of any plans developed to protect, manage, or to reduce
or mitigate harm to such properties; and Advise and assist in the evaluation of proposals
for rehabilitation projects that may qualify for Federal assistance;
10.
The THPO shall provide a report to the Tribal Council monthly or as requested by
Tribal Council;
11.
The THPO will hold public hearings to gather information from the Tribal
Community and Citizens; and provides for adequate public participation in the THPO
program, including the process of recommending properties for nomination to the National
Register; and
12.
The THPO may share information regarding repatriation of remains and protection
of traditional cultural properties the Tribal Community and Citizens.
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13.
The THPO shall assume responsibility under 16 U.S.C. 470a section 101 (d) 6 and
in cooperation with the State Historic Preservation Officer, determine and recommend
properties for inclusion on the National Register, properties that are of traditional,
religious/spiritual and cultural importance to the Tribe.
14.
The THPO shall assume responsibility under Section 106 of the National Historic
Preservation Act (NHPA), 54 U.S.C 306108.
B.
The Department of Repatriation, Archives and Record shall be the permanent repository
for cultural materials discovered on Tribal and allotted lands. Access to the use of collections for
educational and research purposes, shall be controlled by the Department.
C.
The THPO Office may utilize consultants, as needed, who meet the Secretary's Standards.
(Source: WOS 2019-006, June 12, 2019, Section V)
15.2106
MACPRA and NAGPRA DUTIES
A.
The THPO shall be the Tribe’s representative to Inter-tribal organizations.
B.
The THPO shall be the designated NAGPRA representative of the Tribe.
C.
The THPO may provide advice to Tribal Council on repatriation and protection of
traditional cultural properties.
(Source: WOS 2019-006, June 12, 2019, Section VI)
15.2107
STAFFING
Tribal Historic Preservation Office (THPO) shall continue operations with existing staff. If a Tribal
Historic Preservation Office position is designated or created, this position will be filled with a
Tribal Citizen.
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(Source: WOS 2019-006, June 12, 2019, Section VII)
15.2108
BURIAL SITES AND TREATMENT OF HUMAN REMAINS
A.
No individual shall knowingly excavate or damage a burial site, human remains or
funerary objects. No individual shall intentionally cause or permit the disturbance of a burial site
or established buffer zone surrounding a burial site. Further, an individual shall immediately notify
the Tribal Historic Preservation Office if the person knows of or has reasonable grounds to believe
that a burial site or established buffer zone is being disturbed contrary to this sub chapter.
B.
Only in the extreme cases of unavoidable destruction, natural exposure or accidental
discovery shall burial sites, human remains or funerary objects be approved for intentional
disturbance. When disturbance is found to be necessary, or has already occurred, the Tribal
Historic Preservation Office will agree to a procedure in writing by which the disturbance shall be
mitigated.
C.
At all times during the process of disturbing any human remains, the Tribal Historic
Preservation Office or his or her designee shall be on hand to assist and ensure that the parties
employed to remove or expose any human remains or grave goods implement the written
procedure as previously agreed upon.
D.
No Scientific Analysis or Reburial will occur unless agreed upon by the Tribal Historic
Preservation Office.
(Source: WOS 2019-006, June 12, 2019, Section VIII)
15.2109
PERMITS TO PROCEED WITH AN UNDERTAKING ON LAND
WITHIN THE RESERVATION
A.
The Tribal Historic Preservation Office is responsible for the issuance of "Permits to
Proceed with an Undertaking on Lands within the Reservation" as delineated within this Statute.
B.
Prior to beginning any undertaking on land within the Reservation, all individuals shall
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have a signed Permit to Proceed from the Tribal Historic Preservation Office.
C.
Procedures for Obtaining a Permit to Proceed.
1.
Submission of Application for Permit to Proceed. During the planning stage of all
undertakings on land within the Reservation, all individuals shall complete and submit an
application for a Permit to Proceed. Permits to Proceed can only be issued by the THPO.
The THPO shall review the application, and determine, following a review of the THPO
files covering that area, if a field investigation will be required. The THPO shall notify the
applicant in writing within thirty (30) days if a field investigation is required. If no field
investigation is required, the THPO shall either issue the Permit to Proceed or notify the
applicant in writing of the reason for Permit denial.
2.
Field Investigation. All areas within the Reservation boundaries that will undergo
earth disturbing activities, not specifically excluded, and not previously subjected to a field
investigation, shall be subject to a review process to determine the presence or absence of
historic properties, burial sites, sacred sites or traditional cultural properties. The review
consists of the following:
a.
File Search and Pre-Field Investigation. THPO staff will check files and
maps recording the locations of identified historic properties, burial sites, sacred
site and traditional cultural properties, as well as the locations of areas previously
investigated. Additional information may be sought from Tribal Elders and other
individuals if deemed necessary in areas identified as highly sensitive.
b.
Field Archeology Investigation. The project area presented in the
Permit application, if applicable, may be investigated by a qualified
archaeologist to record and describe any historic properties.
3.
Permit Contingencies. Based upon the results of the investigations, the THPO will
determine whether or not a Permit to Proceed will be granted and shall make a
recommendation to Tribal Council via the Land and Reservation Committee. Within
twenty-one (21) days of the completion of the investigations and with Tribal Council
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approval, the THPO shall issue one of the following:
a.
A Permit to Proceed with no contingencies.
b.
A Permit to Proceed with contingencies.
c.
A letter denying the Permit to Proceed stating that the project may not
proceed according to the plans presented by the applicant. The applicant may
submit a new application based upon changes made in consultation with the
THPO, which would remove or minimize any impacts to historic properties.
C.
Appeal of Denied Permits to Proceed. An applicant may appeal any denied Permits by
requesting a hearing before Tribal Council. The request must be made in writing within fourteen
(14) days of the Permit denial. A determination from Tribal Council shall be final.
D.
Lands within the Reservation, Excluded from Pre-Field and Field Archeology
Investigations. The THPO may permit the following areas to be excluded from field archeology
investigations:
1.
Activities that are excluded from pre-field and field investigations:
a.
Gardening, in general, in pre-existing gardens, or new garden construction;
b.
Projects less than one (1) square meter in size (i.e.) digging postholes,
planting trees, bushes, etc.);
c.
Maintenance activities including but not limited to: basic road maintenance,
grading, snowplowing;
d.
Any areas that have previously undergone an archaeological survey and has
been permitted with no contingencies;
e.
Projects that will not have gro
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