Mille Lacs Band Statutes Annotated
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Mille Lacs Band Statutes Annotated
Amendments received through: August 31, 2016
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TITLE 10 - CULTURAL RESOURCES
Chapter
1. Historical Preservation
2. Protection of Burial Grounds
3. Archives
4. Cemeteries
Section
1
1001
2001
3001
CHAPTER 1
HISTORICAL PRESERVATION
Subchapter
1. General Provisions
2. Federation Cultural Resources Board
3. Powers and Duties of Federation Cultural Department
4. Permits
5. Registers
6. Survey and Comprehensive Plan
7. Enforcement
SUBCHAPTER 1
GENERAL PROVISIONS
Section
1. Title.
2. Legislative Findings-Federal Laws Preemption.
3. Definitions.
4. Nondisclosure.
5. Cultural Items Presently Used.
1
Section
1
101
201
302
401
501
601
§ 1. Title.
This title shall be known as the Mille Lacs Band of Chippewa Indians Cultural Resources
Protection Statute.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 1.
§ 2. Legislative Findings-Federal Laws Preemption.
(a)
(1)
Under the federal Archaeological Resources Protection Act of 1979, 16
U.S.C. 470cc(c), the federal officials must notify the Mille Lacs Band of
Chippewa Indians whenever a permit application is being considered which
might adversely affect any religious or cultural off-reservation site.
(2)
Under the Federal Archaeological Resources Protection Act, 1 6 U.S.C.
470cc(g)(2), no federal permit for excavation or removal of any
archaeological resource located within the jurisdiction of the Mille Lacs Band
of Chippewa Indians can be issued without the consent of the Band.
(3)
There can be no exchange or disposition of archaeological resources from the
Mille Lacs Band of Chippewa Indians without the consent of the Band
pursuant to the federal Archaeological Resources Protection Act, 16 U.S.C
470dd.
(4)
The National Historic Preservation Act, 16 U.S.C. § 470 et seq., declares a
national policy to work in partnership with Indian tribal governments to
protect cultural resources and provides a mechanism by which tribal
governments may carry out the provisions of that Act (16 U.S.C. § 471,
470a(c)).
(5)
The Band Assembly finds that an orderly procedure must be established for
considering the acting upon such notifications, requests, and review functions.
(1)
The National Historic Preservation Act does not confer upon state
governments the power to nominate sites within Indian reservations to the
National Register.
(2)
The Band Assembly finds that the power to make such nominations to the
National Register must be exercised by the Mille Lacs Band of Chippewa
(b)
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Indians and that an effective procedure must be established to carry out this
activity.
(3)
The Band Assembly hereby declares its intent to preempt the field of
nominations to the National Register of archaeological and historical sites
located with the Mille Lacs Band of Chippewa Indians.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 2.
§ 3. Definitions.
As used in this chapter, the following words and phrases shall each have the designated meaning,
unless a different meaning is expressly provided for, or from the context a different meaning is
clearly indicated.
(a)
"Archaeological Resources" means any remains of the past human life or activities
which are of archaeological or historical interest. Such material remains shall include,
but not limited to: pottery, basketry, bottles, weapons, weapon projectiles, tools,
structures or portions of structures, pit houses, rock paintings, rock carvings,
intaglios, talus slide depressions, cairns, graves, human skeletal remains, or any
portion or piece of any of the foregoing items. The material or remains may also
include non-fossilized or fossilized paleontological specimens, or any portion or piece
thereof, whether or not found in an archaeological context. No item shall be treated as
an archaeological or historic resource unless such an item is as at least fifty years of
age.
(b)
"ARPA" means the Archaeological Resources Protection Act of 1 979, 16 U.S.C. §
470aa et seq.
(c)
"Band's Register of Historic and Archaeological Properties" means the tribal
register of districts, sites, buildings, structures and objects significant in tribal history,
architecture, archaeology or culture, as determined by the Board and maintained by
the Department.
(d)
"Board" means the Federation Cultural Resources Board.
(e)
"Department” means the Federation of Archaeological and Historical Programs.
(f)
"Effect" means any condition of the undertaking that causes or may cause any
change, beneficial or adverse, in the quality of the historical, architectural,
archaeological, or cultural characteristics that qualify the property to meet the criteria
of the Band's Register or the National Register. An effect occurs when an undertaking
changes the integrity of location, design, setting, materials, workmanship, feeling or
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association of the property that contributes to its significance in accordance with the
Band's Register or the National Register criteria. An effect may be direct or indirect.
Direct effects are caused by the undertaking and occur at the same time and place.
Indirect effects include those caused by the undertaking that are later in time or
farther removed in distance, but are foreseeable. Such effects may include changes in
the pattern of land use, population, density or growth rate that may effect any
properties of historical, architectural, archaeological, or cultural significance.
(g)
"Historic property" means any prehistoric or historic district, site, building,
structure of object significant in tribal history, architecture, archaeology, culture or
religion. The term includes all artifacts, records, remains and reburial sites designated
by the Federation Cultural Board
(h)
"National Register" means the National Register of Historic Places.
(i)
"NHPA" means the National Historic Preservation Act of 1966, 16 U.S.C. § 470 et
seq.
(j)
(1)
"Undertaking" means any governmental, governmentally assisted or
licensed action, activity or program or the approval, sanction, assistance, or
support of any non-governmental action, activity or program. Undertakings
include new and continuing projects and program activities that are
(i)
directly undertaken by government agencies;
(ii)
supported in whole or in part through governmental contracts, grants,
subsidies, loans, loan guarantees or other forms of direct or indirect
funding assistance;
(iii)
carried out pursuant to a governmental lease, permit, license,
certificate, approval or other form of entitlement or permission; or,
(iv)
proposed by a Federal, State or other governmental agency for
legislative authorization or appropriation.
(2)
Site-specific undertakings affect areas and properties that are capable of being
identified at the time of approval by the governmental agency.
(3)
Non-site-specific undertakings have effects that can be anticipated on Band's
Register or National Register and eligible properties but cannot be identified
in terms of specific geographical areas or properties at the time of approval.
Non-site-specific undertakings include Federal or State approval of Federal or
State plans pursuant to legislation, development of comprehensive or area
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wide plans, agency recommendations for legislation and the establishment or
modification of regulations and planning guidelines.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 3.
§ 4. Nondisclosure.
Information concerning the nature and location of any archaeological resource or historic
property may not be made available to any person unless the Director determines that such
disclosure would further the purposes of the statute and would not create an undue risk of harm
to such resources or the site at which such resources are located. The Department and the Board
are authorized to withhold from disclosure information relating to the location of sites of objects
listed on the Bands Register or the National Register upon a determination that the disclosure of
specific information would create a risk of destruction or harm to such sites or objects.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 14.
Cross References
Comprehensive survey, see 10 MLBS § 501.
§ 5. Cultural Items Presently Used.
In relationship to the protection of conservation of Historical or Archaeological resources, there
is no authority granted by this title that would allow the Band or the Department to take, regulate
or preserve any item of traditional Ojibwe religion or culture that is presently being used or has
been used by members of the Mille Lacs Band of Chippewa Indians without the written approval
of the owner, keeper or the appropriate religious leaders who are concerned with the said article.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 18.
5
SUBCHAPTER 2
FEDERATION CULTURAL RESOURCES BOARD
Section
101. Establishment of Federation Cultural Resources Board; Membership.
102. Officers.
103. Quorum.
104. Meetings.
105. Principal Office.
106. Oath of Office.
107. Powers and Duties of the Board; Undertakings Off-Reservation.
108. Undertakings On-Reservation.
109. Disposition of Archaeological Resources.
110. Governmental Rulemaking.
111. Regulation by Board.
112. Annual Reports.
113. Records.
114. Cooperation with Agencies and Organizations.
115. Comprehensive Plan; Board Review.
116. Band's Register; Review of Nominations.
117. National Register; Review of Nominations.
118. Education.
119. Review by Court of Central Jurisdiction.
§ 101. Establishment of Federation Cultural Resources Board; Membership.
The Board shall be composed of the Director of the Cultural Department, the Chairperson of the
Elderly Advisory Board, the Commissioner of Natural Resources Department, a Band
archaeologist, and Band staff attorney designated by the Chief Executive.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 4.
§ 102. Officers.
The Board shall elect from among its members a Chairperson, a Vice-Chairperson and a
Secretary. In the absence of the Chairperson the Vice-Chairperson shall preside, and in the
absence of both the Chairperson and Vice-Chairperson, the Secretary shall preside.
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Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 4.01.
§ 103. Quorum.
Four members of the Board shall constitute a quorum. The Chairperson will vote only in the
event of a tie.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 4.02.
§ 104. Meetings.
Meetings of the Board shall be held at quarterly intervals. Emergency meetings may be held
upon twelve hours actual notice, and business may be transacted, provided that not less than a
majority of the full Board concurs in the proposed action.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 4.03.
§ 105. Principal Office.
The principal office of the Board shall be the Mille Lacs Government Center.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 4.04.
§ 106. Oath of Office.
Each member of the Board shall take the following oath before beginning his duties:
"I promise to faithfully execute all provisions of the Federation Cultural Resources Protection
Ordinance and any regulations promulgated in furtherance thereof, and to be bound by the Mille
Lacs Statutes, the jurisdiction of the Court of Central Jurisdiction and the Mille Lacs Band and to
otherwise faithfully perform my duties as outlined by the law."
7
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 4.05.
Cross References
Oath for Band offices, see 5 MLBS § 115.
Official oath of office, see 2 MLBS § 8.
§ 107. Powers and Duties of The Board; Undertakings Off-Reservation.
The Board is empowered to participate in the review of permitting process where a federal or
state officer has or should notify the Band pursuant to ARPA, 16 U.S.C. § 470cc(c), the NHPA,
or the American Indian Religious Freedom Act, 42 U.S.C. § 1996, that an undertaking is
proposed or an application is being considered for a permit which might adversely affect any offreservation archaeological resource or historic property.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 5.
§ 108. Undertakings On-Reservation.
The Board is authorized and directed to review any proposed undertaking that might adversely
affect any on-reservation archaeological resource of historic property included on or eligible for
inclusion on the Band's Register or the National Register. The Board is also empowered to
consider requests for consent to on-reservation excavation or removal of archaeological
resources as an initial application or as referred by officials acting pursuant to ARPA, 16 U.S.C.
§ 470cc(g)(2), the NHPA, or the American Indian
Religious Freedom Act. (42 U.S.C.A. § 1996.)
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 5.01.
§ 109. Disposition of Archaeological Resources.
The Board is empowered to consider requests for exchange or dispositions of archaeological
resources (see 16 U.S.C. § 470dd) and to determine what conditions, if any, should be attached if
consent is given.
8
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 5.02.
§ 110. Governmental Rulemaking.
As directed by the Chief Executive, the Board is empowered to initiate, comment and participate
in federal, state or other governmental rule making processes concerning matters pertaining to its
expertise (see 16 U.S.C. §§ 470s, 470ii).
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 5.03.
§ 111. Regulation by Board.
For the purpose of carrying into effect the provisions of this title or of supplying any deficiency
therein, the Board may make such regulations not inconsistent with the spirit and intent of this
title as are deemed necessary or advisable. All such regulations shall have the same force and
effect as if incorporated in this title.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 16.
§ 112. Annual Reports.
The Board shall prepare a comprehensive annual report for submission to the Chief Executive,
which shall report on the activities carried out under the provisions of this title, and shall make
such recommendations as the Board deems appropriate as to changes or improvements needed in
the provisions of this title. Such report shall include a summary of actions undertaken by the
Board in reviewing proposed undertakings, applications for excavation or removal permits, and
nominations for the Band's Register and the National Register.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 5.04.
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§ 113. Records.
The Board shall maintain records of its proceedings. All proceedings shall be documented in
writing, to be distributed to the Band Assembly not more than five days following a meeting.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 5.05.
§ 114. Cooperation with Agencies and Organizations.
The Board is authorized and directed to consult and cooperate, to the extent feasible, with other
Tribal and non-Tribal government departments and agencies, and with private organizations
involved in historical and archaeological protection activities, including the National Trust for
Historic Preservation, the Inter-National Center for the study of Preservation and Restoration of
Cultural Property, museums and organizations of professionals. Cooperation activities shall
include providing assistance to other agencies and organizations, and coordinating the planning
and conduct of historic preservation programs.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 5.06.
§ 115. Comprehensive Plan; Board Review.
The Board is authorized and directed to review the comprehensive Reservation-wide
archaeological and historic preservation plan prepared by the Department. The Board is further
authorized to approve the plan and submit it to the Chief Executive or to direct the Department to
change the plan until it met with its approval.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 5.07.
Cross References
Comprehensive plan, see 10 MLBS § 502.
10
§ 116. Band's Register; Review of Nominations.
The Board is authorized and directed to review nominations of properties to the Band's Register
submitted by the Department, and to approve those that qualify as significant in tribal history,
architecture, archaeology, cultural, or religious sites.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 5.08.
Cross References
Band's Register, see MLBS §§ 401, 402.
Department powers and duties, nominations to Band's Register, see 10 MLBS § 202.
§ 117. National Register; Review Of.
The Board is authorized and directed to review forms or reports proposing to nominate properties
to the National Register, assure adequate public participation in the nomination process, and to
recommend to the Chief Executive those properties it deems appropriate for nomination for
listing on the National Register.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 5.09.
Cross References
National Register, see 10 MLBS §§ 403, 404.
Preparation by Department of nomination forms, see 10 MLBS § 203.
§ 118. Education.
The Board is authorized to develop and operate a program of information and education, for
tribal members and/or the general public, concerning cultural resources and protection of
properties listed on the Band's Register.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 5.10.
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§ 119. Review by Court of Central Jurisdiction.
The Director, the Solicitor General, or any applicant or permittee aggrieved by any decision of
the Board may petition the Court of Central Jurisdiction for a hearing to review such decision. A
written notice of appeal must be filed with the Clerk of Court within twenty days of such adverse
decision; provided, however, that such limitation period shall not apply to ban the petition of the
Solicitor General or the Director of the Department where such would be contrary to the Band
interest in preservation of archaeological resources or historic properties.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § I 7.
Cross References
Subject-matter jurisdiction, Court of Central Jurisdiction, see 5 MLBS § 111.
SUBCHAPTER 3
POWER AND DUTIES OF FEDERATION CULTURAL DEPARTMENT
Section
201. Powers and Duties.
202. Nominations to the Band's Register.
203. Nominations to National Register; Preparation of Forms.
204. Assistance to Boards.
205. Records and Salvage.
206. Tribally-Owned Properties.
207. Transfer of Property on Band's Register.
208. Promotion of Preservation Efforts.
209. Annual Report.
§ 201. Powers and Duties.
The Federation Cultural Department shall have the duties and powers set out in this subchapter,
which shall be in addition to such powers and duties provided by prior Statutes of the Mille Lacs
Band of Chippewa as are not inconsistent with this title.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 6.
12
§ 202. Nominations to the Band's Register.
The department is directed to nominate to the Board all sites, buildings, districts and objects
within the reservation that appear to qualify for listing on be Band's Register. The Department
shall, in order to compile the information needed to make the nominations:
(a)
Conduct a comprehensive survey of all historic properties on the reservation pursuant
to 10 MLBS § 501.
(b)
Compile an inventory that includes basic information about the location and history
of each property.
(c)
Evaluate each property surveyed with regard to its historic, archaeological,
anthropological, religious and cultural significance.
(d)
Based on the evaluation described in subsection (c), place each surveyed property
into one of four categories of significance.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 6.01.
Cross References
Band's Register, see 10 MLBS §§ 401, 402.
Board review of nomination, see 10 MLBS § 116.
§ 203. Nominations to National Register; Preparation of Forms.
The Department shall prepare nominations forms for those properties that appear to be eligible
for placement on the National Register, and present them to the Board.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T.1, § 6.02.
Cross References
Board review of nominations, see 10 MLBS § 117.
National Register, see 10 MLBS §§ 403, 404.
13
§ 204. Assistance to Boards.
The Department shall assist and consult with the Administrative Policy Board and the Board on
issues relating to the conservation of historic and archaeological resources and on other matters
within the scope of their duties.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T.1, § 6.03.
§ 205. Records and Salvage.
The Department shall initiate measures to ensure, at a minimum, that where a property listed on
the Band's Register is to be substantially altered or affected, timely steps be taken to make or
have made records, including measured drawings, photographs and maps of the property, and
that a copy of records then be deposited in the tribal archives for future use and reference. The
Department shall use its best efforts to assure adequate surveying testing, to salvage, analysis
and duration of artifacts, where such is feasible.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T.I, § 6.04.
§ 206. Tribally-Owned Properties
The Department shall initiate measures and procedures to provide for the maintenance,
preservation, rehabilitation or restoration, of tribally-owned and registered sites at professional
standards prescribed by the Director of the Department.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T.I, § 6.05.
§ 207. Transfer of Property on Band's Register.
The Department shall cooperate with purchasers and transferees of any property listed on the
Band's Register in the development of viable plans to use such property in a manner compatible
with preservation objectives and which does not result in a unreasonable burden in the public
interest.
14
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T.I, § 6.06.
§ 208. Promotion of Preservation Efforts.
The Department is authorized to take the following actions for the purpose of promoting historic
preservation efforts:
(a)
Develop and make available to Band Agencies information concerning professional
methods and techniques for identifying, preserving, stabilizing, improving, restoring
and maintaining, archaeological and historic properties.
(b)
Advise Band agencies in the evaluation, identification, preservation, stabilizing,
improvement, restoration and maintenance of historic and archaeological properties.
(c)
Encourage in cooperation with the Board, public interest and participation in
archaeological and historic preservation.
(d)
Conduct studies in such areas as the adequacy of federal, state and band laws
pertaining to archaeological and historic preservation activities.
(e)
Encourage training and education in the field of archeological and historic
preservation.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T.I, § 6.07.
§ 209. Annual Report.
The Department shall submit annually a comprehensive report of its activities and the results of
its studies to the Chief Executive and the Board, and from time to time submit such additional
and special reports as the Department deems advisable. These reports may propose such
legislative enactments and other actions as, in the judgment of the Department, are necessary
and appropriate to carry out its recommendations.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T.I, § 6.08.
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SUBCHAPTER 4
PERMITS
Section
301. Damaging or Adverse Effects: Prohibited Acts.
302. Illegal Possession or Transfer of Archaeological or Historic Resources.
303. Contents of Permit Application.
304. Filing of Application.
305. Criteria.
306. Board Action.
307. Terms and Conditions of Permit.
308. Duration of Permit.
309. Interim Permits.
310. Duties of Permittees.
311. Suspension and Revocation of Permits.
312. Hearing.
313. Emergency Stop Work Orders.
§ 301. Damaging or Adverse Effects: Prohibited Acts.
No person shall excavate, remove, damage or otherwise alter, deface or adversely affect any
archaeological resource or historic property unless such activity is pursuant to a permit duly
issued under this title.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T.I, § 7.
§ 302. Illegal Possession or Transfer of Archaeological or Historic Resources.
No person shall sell, purchase, exchange, transfer, transport, receive, possess or offer to sell,
purchase or exchange any archaeological resource or historic property if such resource is
excavated or removed from Reservation lands in violation of the prohibition contained in 10
MLBS § 301.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 7.01.
16
§ 303. Contents of Permit Application.
An application for a permit to excavate, remove, alter, damage, or otherwise adversely affect
archaeological resources or historic properties from Reservation land shall include information
concerning the time, scope, location and specific purpose of the proposed work, together with
such other information as the Board deems necessary. Each application must be accompanied by
a definite outline of the proposed work, indicating the name of the individuals or group making
the request, the date proposed for beginning the work, the length of time proposed to be devoted
to it and the person who will have immediate charge of the work. The application must also
contain an exact statement of the character of the work, whether examination, excavation or
gathering, the museum in which the collections made under the permit are to be permanently
preserved, and, where such museum is off-reservation, the length of time proposed by the
application before such collections are to be returned to the reservation. The application must be
accompanied by a sketch plan and a legal description of the particular site or area to be affected,
so definite that it can be located on a map with accuracy. Each application shall be signed by the
applicant and verified on oath or affirmation, and shall contain the promise of the applicant to
abide and be bound by all of the provisions of this title and by all other Band laws.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T.I, § 8.
Cross References
Archaeological research methodology, see Nat. Res. Comm. Order 157-92.
§ 304. Filing of Application.
Each application for a permit must be filed with the Board and the director of the Cultural
Department.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 8.01.
§ 305. Criteria.
A permit may be issued pursuant to an application submitted in strict accordance with 10 MLBS
§§ 303 and 304, if the Board determines that:
(a)
The applicant has demonstrated its qualifications to carry out the proposed activity by
submitting to the Board references and a resume showing prior successful experience
in archaeological field work, site surveying, excavation techniques and reporting;
17
(b)
Adequate mitigation efforts are guaranteed that will avoid any adverse effect on
properties included on or eligible for inclusion on the Band's Register or the National
Register, or that acceptance of an adverse effect on such properties is clearly in the
Band's best interest;
(c)
The archaeological resources or historic properties which are excavated or removed
will remain the property of the Band; and,
(d)
The activity pursuant to such permit is not inconsistent with any management plan
applicable to the lands concerned.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 8.02.
Cross References
Band's Register, see 10 MLBS §§ 401, 402.
National Register, see 10 MLBS §§ 403, 404.
§ 306. Board Action.
The Board shall allow the department a reasonable opportunity to comment on each application
for a permit. The board shall make its decision to issue or deny a permit within six months after
the date the application was filed; Provided, however, that the Board may make a unlimited
number of three month extensions of such review period upon providing the applicant with a
written explanation of the factors requiring such an extension. Applicants shall be notified of
Board action by certified mail.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T.I, § 8.03.
§ 307. Terms and Conditions of Permit.
Any permit may contain such terms and conditions that the Board deems necessary to carry out
the purposes of this title. Each permit shall identify the individual who shall be responsible for
carrying out the terms and conditions of the permit and for otherwise complying with this title
and other laws applicable to the permitted activity. The permit may contain provisions requiring
restoration of the site of its former condition. Every permit shall be issued in the name of the
applicant therefore, and no permit shall be transferable; nor shall the holder of any permit allow
18
any other person to use the permit. The Board may require that a bond be posted as a prerequisite
to issuance of a permit.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 8.04.
§ 308. Duration of Permit.
Each permit shall be effective for three years from the date of its issuance of or for such shorter
period as may be specified therein. The terms of each permit may be extended on order of the
Board for proper cause upon finding that the work has been diligently prosecuted under the
permit. Failure to begin work under a permit within six weeks after it is granted, or failure to
diligently prosecute such work after it has begun, shall make the permit void without any order
or proceeding by the Board.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T.1, § 8.05.
§ 309. Interim Permits.
Persons who received approval from the Board to excavate or adversely affect any
archaeological resource or historic property prior to the date of enactment of Band Statute 1072MLC-23 may receive an interim permit to continue work during the period that their application
for a permit is pending before the Board, under the following procedure:
(a)
Within thirty days after the date of enactment of Band Statute 1072- MLC-23, such
person shall file with the Board a declaration, stating the time approval was received,
the location of the property the purpose of the work, and the work done. The
declaration shall be accompanied by an application for a permit.
(b)
Upon filing of the declaration and the application, the Board shall issue an interim
permit. The Department shall determine whether the alleged authority to affect the
property was validly obtained, the Board shall revoke the interim permit.
(c)
Such interim permit shall be in effect until the Board approves or denies the
application for the permit.
19
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23. T.1, § 8.06.
§ 310. Duties of Permittees.
During the course of the undertaking, each permittee shall report monthly and quarterly to the
Board. Monthly reports shall contain a brief summary statement of the work performed during
the month, and quarterly reports shall contain a catalog of collections and photographs made
during the quarter. Each permittee shall cooperate fully with any and all inspections conducted
by the Department or the Board. No part of any collections shall leave the reservation unless the
express written consent of the Board has been given in the form of a Temporary Removal
License. Such license shall at all times accompany the artifacts while off the reservation.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 9.
§ 311. Suspension and Revocation of Permits.
Any permit issued under this chapter may be suspended or revoked by the Board in accordance
with the procedures set forth in 10 MLBS §§ 312 and 313, upon determination:
(a)
That the permittee has violated any provision of the permit, this title, or other
applicable law;
(b)
That relevant circumstances have changed since the granting of the permit so that the
application would no longer meet the criteria of 10 MLBS § 305;
(c)
That material misrepresentations were contained in the application; or
(d)
That the permit was improvidently granted.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 10.
20
§ 312. Hearing.
Upon written notice specifying the alleged grounds for revocation for suspension, filed with the
Board by the Chairperson or the Director of the Department, the Board shall schedule a hearing
to determine the matter, which hearing shall not be less than five days nor more than thirty days
after the service of such notice upon the permittee. The permittee shall be entitled to an
opportunity to appear at such hearing and controvert the allegations in support of revocation or
suspension.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 10.01.
§ 313. Emergency Stop Work Orders.
Upon finding that a delay in suspending or revoking a permit for the period required by a hearing
would be contrary to the Band's interest in preserving archaeological or historic properties, the
Board may issue a written stop work order, directing the permittee immediately to cease and
desist all excavation, removal or other activity pursuant to the permit. It shall be unlawful for any
person to disobey a stop work order. In all cases where a stop work order has been issued, the
Board shall immediately schedule a hearing to determine the matter, which hearing shall not be
less than two days nor more than ten days after the date of the stop work order, unless continued
by the Board upon motion of the permittee.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 10.02.
SUBCHAPTER 5
REGISTERS
Section
401. Band's Register of Archaeological and Historic Properties; Nomination and
Acceptance.
402. Band's Undertakings Upon Property Listed in Band's Register.
403. National Register; Nomination of Reservation Properties.
404. Band Undertakings Upon Properties Listed in National Register.
21
§ 401. Band's Register of Archaeological and Historic Properties; Nomination and
Acceptance.
There is hereby established a Band's Register of Cultural Properties, which shall be a register of
prehistoric or historic districts, sites, building, structures and objects significant in tribal history,
architecture, archaeology, culture or religion. Nominations at the Band's Register may be made
by any person. Acceptance or rejection of any nomination shall be made by the Board.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 11.
Cross References
Board review of nominations, see 10 MLBS § 116.
Department powers and duties, nominations to Band's Register, see 10 MLBS § 202.
§ 402. Band's Undertakings Upon Property Listed in Band's Register.
Whenever the Mille Lacs Band has direct or indirect jurisdiction over a proposed Band or
Band assisted undertaking, or has authority to license or permit any undertaking, the Board shall,
prior to the approval of the expenditure of any Band funds on the undertaking or prior to the
issuance of any license or permit, as the case may be, take into account the effect of the
undertaking on any district, site, building, structure or object that is included or eligible for
inclusion in the Band's Register. The Board and the Director shall be afforded a reasonable
opportunity to comment with regard to such undertaking.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 11.01.
Cross References
Permit criteria, adverse effects on properties, see 10 MLBS § 305.
§ 403. National Register; Nomination of Reservation Properties.
Nomination of any district, site, building, structure, or object located within the
Reservation for inclusion in the National Register shall be made by the Band Assembly.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 12
22
Cross References
Board review of nominations, see 10 MLBS § 117.
Preparation of nomination forms by Department, see 10 MLBS § 203.
§ 404. Band Undertakings Upon Properties Listed in National Register.
Whenever the Chief Executive has direct or indirect jurisdiction over a proposed Band or Bandassisted undertaking or has authority to license any undertaking, the Board shall, prior to the
approval of the expenditure of the Band funds on the undertaking or prior to the issuance of any
license or permit, as the case may be, take into account the effect of the undertaking on any
district, site, building, structure or object within the Reservation that is included in or eligible for
inclusion in the National Register. The Board and the Director shall be afforded a reasonable
opportunity to comment with regard to such undertaking.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 12.01.
Cross References
Permit criteria, adverse effects on properties, see 10 MLBS § 305.
SUBCHAPTER 6
SURVEY AND COMPREHENSIVE PLAN
Section
501. Comprehensive Survey.
502. Comprehensive Plan.
§ 501. Comprehensive Survey.
A comprehensive Reservation-wide survey of archaeological and historical properties shall be
conducted by the Director of the Department and submitted to the Board. The long-range
objective of the comprehensive survey shall be the identification, protection and preservation of
all archaeological resources, districts, sites, buildings, structures and objects within the
Reservation that are potentially significant to tribal history, architecture, archaeology, culture or
religion. The survey shall be conducted in as timely a manner as possible and shall encompass all
historic properties and archaeological resources, regardless of title, boundaries or ownership.
Survey data shall be maintained by the Department in an accessible location and shall be kept up
23
to date so that information is readily available to Band planners during the decision-making
process. The survey data need not be published but shall be physically organized and indexed in
a manner to provide for easy access Availability of survey data to the general public may be
limited if, in the opinion of the Department such availability might result in damage to
archaeological resources or historic properties. An end result of the overall survey process is
nomination of property significant to Band history, architecture, archaeology, culture or religion
to the Band's Register or the National Register.
Historical and Statutory Notes
Source: Band Statute 1072-MLC-23, T. I, § 13.
Cross References
Department powers and duties, nominations to Band's Register, see 10 MLBS § 202.
Nondisclosure, see 10 MLBS § 4.
Registers, see 10 MLBS § 401.
§ 502. Comprehensive Plan.
A comprehensive Reservation-wide archaeological and historic preservation plan shall be
prepared by the Department and submitted to the Board. The plan shall consist of a report or
series of reports on the Reservation archaeological and historic preservation program. These
reports shall describe, analyze and make future projections about the program. The
archaeological and historic preservation plan shall include an explanation of the philosophy or
rationale behind the program components, a report on the current status of each component, an
evaluation of the effect of each component, and the projection of future plans.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 13.01.
Cross References
Board review and approval of comprehensive plan, see 10 MLBS § 115.
24
SUBCHAPTER 7
ENFORCEMENT
Section
601. Prohibited and Required Acts.
602. Criminal Offenses.
603. Civil Penalties.
§ 601. Prohibited and Required Acts.
It shall be unlawful and prohibited for any person to do any act the performing of which is
prohibited under this chapter or to fail to do any act the performance of which is required under
this chapter.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 15.
§ 602. Criminal Offenses.
The procedure established for criminal offenses under the Mille Lacs Statutes shall be utilized
for violations of this chapter committed by persons subject to tribal criminal jurisdiction. In the
event that the defendant pleads guilty or is found guilty of committing an offense, the Court may
impose all or any of the following penalties:
(a)
A fine of not less than $10.00 or more than $500.00;
(b)
A jail term of not less than one day nor more than six months;
(c)
Forfeiture of any articles seized by reason of illegal activities prohibited by this
chapter, under the procedures established by statute.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 15.01.
Cross References
Criminal procedure, see 24 MLBS § 4000.
25
§ 603. Civil Penalties.
The Mille Lacs Band may bring an action for a civil penalty against any person who is alleged to
have engaged in an activity which is violative of this chapter, including any person who is not
subject to Band criminal jurisdiction. The Band also may bring an action for forfeiture of any
articles possessed in violation of this chapter. Such civil penalty and forfeiture actions shall be
brought under the procedures established in the Civil Law Statute. Any person violating the
provisions of this chapter shall be subject to exclusion from the Reservation under 2 MLBS §
201 [Digitizer's note: section not in digital copy] et seq. Such relief as may be fashioned by the
Court shall be intended to be remedial in nature and not punitive and should compensate the
Band for the damage done to the archaeological or historic resources of the Reservation and its
archaeological and historic resources. Such relief shall also be intended to coerce the individuals
into obeying this chapter and regulations promulgated hereto and not to punish such individuals
for violation of this chapter and such regulations. Search, seizure and forfeiture of articles
possessed in violation of this chapter shall be pursuant to 1 MLBS § 1 et seq. The Court may also
order the forfeiture of any bond, the revocation of any permits, the return of any property which
has been removed from the Reservation or the restoration of any archaeological resources or
historic property to its former or customary condition. In assessing civil penalties, the court may
consider as factors the archaeological or commercial value of the resources involved, or the cost
of restoration and repair of the resource and the archaeological or historic site involved.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. I, § 15.02.
Cross References
Due process of law, see 1 MLBS § 8.
Unreasonable searches and seizures, see 1 MLBS § 2.
CHAPTER 2
PROTECTION OF BURIAL GROUNDS
Section
1001. Definitions.
1002. Permits.
1003. Violation; Penalties.
1004. Force and Effect of Chapter.
26
§ 1001. Definitions.
The Mille Lacs Reservation Band of Chippewa Indians hereby establishes that the following
definition of terms be utilized when interpreting this chapter.
(a)
An "artifact" is defined as
(1)
a usually simple object (as a tool or ornament) showing human workmanship
or modification;
(2)
a product of civilization;
(3)
a product of artistic endeavor
(b)
A "burial ground" is defined as the site or location whereupon there has been
performed the act or process of burying.
(c)
A "cemetery" is defined as burial place; a burial ground.
(d)
"Historic" is defined as of or relating to times or events of written history.
(e)
"Indian" is defined as (American Indian) a member of any of the aboriginal
peoples of the western hemisphere.
(f)
A "monument" is defined as a burial vault; a memorial stone or a building erected
in remembrance of a person or event.
(g)
"Prehistoric" is defined as of or relating to times or events of written history.
(h)
A "ruin" is defined as the remains of something destroyed.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. III, § 1.
§ 1002. Permits.
Permits for the examination of ruins, burial grounds, cemeteries, the excavation of
archaeological sites and the gathering of objects of antiquity upon the lands under the
jurisdiction of the Mille Lacs Band of Chippewa Indians may be granted by the Mille Lacs
Reservation Business Committee to institutions or persons which they may deem properly
qualified to conduct such examinations, excavation or gathering, subject to such rules and
regulations as they may prescribe.
27
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. III, § 2.
§ 1003. Violation; Penalties.
(a)
Any person who shall appropriate, excavate, injure or destroy any Indian cemetery,
Indian burial mound or burial ground, historic or prehistoric ruin or monument, or
any object of antiquity situate on lands owned or controlled by the Mille Lacs Band
of Chippewa Indians or under their jurisdiction without the written permission of the
Mille Lacs Reservation Business Committee having jurisdiction over said lands
within the boundaries of the Mille Lacs Indian Reservation, Minnesota, shall upon
conviction be fined in the sum of not more than five hundred dollars ($500.00) or
imprisonment for a period not to exceed six (6) months or shall suffer both fine and
imprisonment, in the discretion of the Court.
(b)
In addition to the above penalty, whosoever shall violate this chapter may be subject
to civil suit for both actual damages plus punitive damages in the amount of five
hundred dollars ($500.00) by any aggrieved party. The Mille Lacs Reservation
Business Committee shall be considered an aggrieved party and may sue any violator
in the name of the Mille Lacs Band of Chippewa Indians.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. III, § 3.
Cross References
Historical preservation, enforcement, see 10 MLBS § 601.
§ 1004. Force and Effect of Chapter.
Pursuant to the provisions of P.L. 280 (28 U.S.C. 1360), this chapter shall be given full force and
effect in the determination of any civil cause of action brought in the Courts of the State of
Minnesota.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. III, § 4.
28
CHAPTER 3
ARCHIVES
Section
2001. Purpose.
2002. Archival Program.
2003. Protection of Records.
2004. Transfer of Records.
2005. Archivist Access to Current Records.
2006. Records Management.
2007. Access to Records.
§ 2001. Purpose.
The Federation Fund Archives, FFA, has been established for the purpose of preserving and
making available for research materials which help to document the founding, development,
organization, management and achievements of the Federation Fund. The collections also
contain information on the Chippewa of the Mississippi (both before and after the formation of
the FFA in 1855), and general information on Indian History and the history of Chippewa of the
Mississippi. The records reflect the FFA dealings with government agencies, private
foundations, the business community, fraternal and labor organizations, individual donors and
members, and most importantly, treaties with the United States Government.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. II, § I.
§ 2002. Archival Program.
The Archivist shall collect, arrange, and describe the archival records of the FFA. They shall
make available to qualified researchers all open archival record series.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23. T. II, § 2.
§ 2003. Protection of Records.
The Archivist shall protect the integrity of the records in their custody. They shall guard them
against defacement, alteration, or theft; they shall protect them against physical damage by
29
excessive exposure to light, dampness, and dryness; and they shall ensure that their evidentiary
value is not impaired in the normal course of rehabilitation, arrangement, and use.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. II, § 2.01.
§ 2004. Transfer of Records.
(a)
On behalf of the FFA the Archivist is authorized to receive all the noncurrent records
of the organization.
(b)
Any record-creating division, department, or campaign area of the FFA is directed to
release to the Archives for preservation and administration such records legally in its
custody that no longer are needed for the transaction of the current business of the
office, whenever the Archivist is well and able to receive and take possession of
them.
(c)
The records of any division, department, or campaign area shall, prior to or upon the
termination of the existence and functions of that office, be transferred to the custody
of the Archives unless otherwise directed by the Archivist.
(d)
Since all records created by an employee in the performance of his or her duties
legally are the property of the FFA, upon termination of employment all individuals
shall transfer to the Archives those records no longer needed for the current
operations of their respective offices. In no case shall anyone remove such records
from the FFA Headquarters or the area offices, or destroy same without the prior
permission of the Archivist.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, § 3.
§ 2005. Archivist Access to Current Records.
The Archivist shall have the right of reasonable access to and examination of all current FFA
records.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. II, § 3.04.
30
§ 2006. Records Management.
The Archivist, together with the Executive Director, Assistant Executive Director, Secretary of
the Corporate, and the several division and department heads, shall develop guidelines and
procedures for the management of the current records of both FFA Headquarters and the area
offices. They shall determine retention and disposal schedules for all types of records, and see to
it that such schedules are observed by all divisions, department, and campaign areas.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. II, § 4.
§ 2007. Access to Records.
(a)
The FFA Archives conforms to the "Standards for Access to Research Materials in
Archival and Manuscript Repositories," as approved by the Council on the Society of
American Archivists in December 1973.
(b)
It is the policy of the FFA that all record series contained in its Archives be opened to
qualified researches ten years after the creation of the record except for certain record
series which are closed for either shorter or longer periods of time. A complete list of
open and closed record series may be obtained from the FFA Archivist.
Historical and Statutory Notes
Source:
Band Statute 1072-MLC-23, T. II, § 5.
CHAPTER 4
CEMETERIES
Section
3001. Establishment of the Mille Lacs Band Cemetery Association.
3002. Purposes.
3003. Powers and Responsibilities.
3004. Membership.
3005. Duration.
3006. Authorized Activities.
3007. Board of Trustees.
3008. Officers.
3009. Employees.
31
3010. Operations.
3011. By-Laws.
3012. Regulation of the Cemetery.
§ 3001. Establishment of the Mille Lacs Band Cemetery Association.
The Mille Lacs Band of Ojibwe Indians (“Band”) hereby establishes the Mille Lacs Band
Cemetery Association (“Association”). The Association shall be a distinct, non-profit legal entity
that is separate and apart from the Band.
Historical and Statutory Notes
Source:
Band Ordinance 41-16.
§ 3002. Purposes.
The purposes of the Association are:
(a)
to acquire the existing Lake View Cemetery (“Cemetery”), including all real and
personal property appurtenant thereto, from Kathio Township;
(b)
to hold and manage the Cemetery and all such property appurtenant thereto, unless
such property is not needed for cemetery purposes; and
(c)
to protect, preserve, and improve the burying grounds within the Cemetery.
Historical and Statutory Notes
Source:
Band Ordinance 41-16.
§ 3003. Powers and Responsibilities.
Except as otherwise provided in this chapter, the Association shall have all of the powers and
responsibilities of a cemetery association under Band law , provided that the Association shall
not dispose of any real property it acquires without the prior written approval of the Chief
Executive and Band Assembly, and provided further that the Association shall not dispose of any
real property needed or being used for cemetery purposes except to another lawful cemetery
association possessing all of the powers and responsibilities of a cemetery association under law.
Upon its acquisition of the Cemetery and all property appurtenant thereto, the powers and
responsibilities of the Association shall include, but not be limited to, the following:
32
(a)
to set walkways and, if necessary, relocate gravestones on or near graves so as to
preserve the alignment of walkways, provided that any unmarked graves shall be
preserved as completely as possible, without removing the bodies interred therein;
(b)
to make regulations governing the location of future graves and the opening of
graves;
(c)
to set and charge a uniform fee for the privilege of burial in the cemetery, which may
be adjusted from time to time;
(d)
to provide for the upkeep and maintenance of the Cemetery;
(e)
to assist in locating gravesites, with the understanding that records of burials in the
Cemetery are not always accurate or available; and
(f)
to remove shrubs or trees that have overgrown a gravesite or that have otherwise
become unsightly or a nuisance, provided that the Association will make reasonable
efforts to inform known living descendants of an individual buried in an affected
gravesite before removing such shrubs or trees.
Historical and Statutory Notes
Source:
Band Ordinance 41-16.
§ 3004. Membership.
The membership of the Association shall consist of:
(a)
all enrolled members of the Band;
(b)
all other persons who have an ancestor or relative buried in the Cemetery and who
choose to become members of the Association; and
(c)
any other person who chooses to become a member of the Association, upon approval
of the Association’s Board of Trustees. The Association will charge a one-time
membership fee to all Association members except enrolled members of the Mille
Lacs Band. The Association will not collect dues from its members, but may request
voluntary contributions from them.
Historical and Statutory Notes
Source:
Band Ordinance 41-16.
33
§ 3005. Duration.
The duration of the Association shall be perpetual unless the Association, with the approval of
the Chief Executive and Band Assembly, transfers the Cemetery and all property appurtenant
thereto to another lawful cemetery association possessing all of the powers and responsibilities
of a cemetery association under Band law.
Historical and Statutory Notes
Source:
Band Ordinance 41-16.
§ 3006. Authorized Activities.
The Association is authorized to engage in any lawful activity that is reasonable and necessary to
achieve its purposes or to exercise its powers and fulfill its responsibilities, including but not
limited to:
(a)
entering into and performing contracts;
(b)
employing personnel and retaining independent contractors, including accountants
and attorneys;
(c)
establishing, maintaining, and carrying out employee benefit plans, either on its own
or through the Band;
(d)
compromising or otherwise settling disputes; and
(e)
suing or being sued, but only in the Mille Lacs Band Court of Central Jurisdiction.
Historical and Statutory Notes
Source:
Band Ordinance 41-16.
§ 3007. Board of Trustees
The activities of the Association shall be managed by a Board of Trustees ("Board") in
accordance with the following provisions:
(a)
Composition, Appointment and Election. There shall be five positions on the
Board. Two of the positions on the Board will be filled by the Band's Commissioner
of Natural Resources and its Historic Preservation Officer, each of whom shall serve
on the Board during their terms in office. Such service shall be a part of their
respective job responsibilities, and shall not entitle them to additional compensation
34
or remuneration. The other three positions on the Board shall be appointed in the
following manner:
(b)
(1)
One (1) position shall be filled by appointment of the Chief Executive subject
to ratification by the Band Assembly. The initial appointee shall serve a twoyear term. After the expiration of the term, any subsequent appointment, other
than to fill a vacancy prior to the end of a term, shall be two (2) years.
(2)
One (1) position shall be filled by appointment of the Secretary- Treasurer
subject to ratification by the Chief Executive. The initial appointee shall serve
a two-year term. After the expiration of the term, any subsequent
appointment, other than to fill a vacancy prior to the end of the term, shall be
two (2) years.
(3)
One (1) position shall be filled by the District I Representative subject to
ratification by the Chief Executive. The initial appointee shall serve a twoyear term. After the expiration of the term, any subsequent appointment, other
than to fill a vacancy prior to the end of the term, shall be two (2) years.
Vacancies.
(1)
(2)
A Board seat shall be considered vacant under the following circumstances:
(i)
if there is a vacancy in the position of Band Commissioner of Natural
Resources or Band Historic Preservation Officer, in which case the
corresponding Board seat shall be considered vacant;
(ii)
in the event of the death or resignation of a Trustee; or
(iii)
if the Board finds that a Trustee is unable or unwilling to serve.
If a Board seat is considered vacant, the vacancy shall be filled as follows:
(i)
by appointment of the Chief Executive and ratified by the Band
Assembly, in the case of a vacancy in the position held by the Band's
Commissioner of Natural Resources or its Historic Preservation
Officer, until such time as a new Commissioner of Natural Resources
or Historic Preservation Officer takes office;
(ii)
by appointment of the Chief Executive, Secretary- Treasurer, and
District I Representative subject to ratification as provided in
§ 3007(a), in the case of a vacancy in the position held by one of the
other three initial appointees, until the end of such appointee’s term;
and
(iii)
by appointment of the Chief Executive, Secretary-Treasurer, and
District I Representative subject to ratification as provided in
35
§ 3007(a), in the case of a vacancy held by one of the other three
positions of the Board subsequently appointed, until the end of such
member’s term.
(c)
(d)
Meetings.
(1)
Association's Annual Membership Meeting. The Association will hold an
annual membership meeting, in which officers of the Association shall make a
full report of the activities of the Association, including a financial report. The
date and time of the meeting will be set by the Board.
(2)
Board Meetings. The Board shall hold an annual Board meeting following
the Association's annual membership meeting for the appointment of officers
of the Association. The Board may establish a schedule for regular Board
meetings by resolution setting the date and time for such meetings. Special
meetings of the Board may be called by the Board's Chairperson on his or her
own initiative or at the request of any two Trustees, to be held at a convenient
date and time determined by the person or persons calling the meeting.
(3)
Meeting Locations. All meetings of the Association and the Board shall be
held in the Band's Government Center or in another Band facility made
available to the Association and the Board at no charge.
(4)
Notice of Meetings. Notice of the Association's annual membership meeting
shall be published at least seven calendar days before the meeting in the Mille
Lacs Band newspaper, Government Center and District Community Centers
bulletin boards, and upon the Band website. No notice is required for annual
or regular Board meetings. Notice of special Board meetings shall be given at
least three business days in advance of the meeting by written notice delivered
personally or by mail, telefax, electronic mail, or other similar means to each
Trustee at his or her business or home address or to an electronic mail address
designated by such Trustee in writing. If mailed, the notice shall be deemed to
be given three calendar days after being deposited in the United States mail
properly addressed with postage prepaid. Notice need not be given to a
Trustee who waives notice either before or after the meeting or who
participates in the meeting without timely objection as to notice. Notice also
need not be given to a meeting resumed after adjournment. Neither the
business to be transacted at nor the purpose of any special Board meeting need
be specified in the notice or waiver of notice.
Quorum. Except as otherwise provided in this Ordinance, three Trustees shall
constitute a quorum for the transaction of business at any meeting of the Board, but if
less than a quorum is present, a majority of the Trustees present may adjourn the
meeting from time to time without further notice.
36
(e)
Manner of Acting. Except as otherwise provided in this Ordinance, the act of a
majority of the Trustees present at a Board meeting at which a quorum is present shall
be the act of the Board.
(f)
Presumption of Assent. A Trustee present at a Board meeting, who neither casts a
vote nor expressly abstains from voting on a Board action taken at the meeting, shall
be presumed to have assented to the action unless his or her dissent is entered in the
minutes of the meeting of he or she files a written dissent to the action with the
person acting as the Secretary of the meeting before the adjournment thereof or
forwards such dissent by certified or registered mail to the Secretary of the
Association immediately after the adjournment of the meeting.
(g)
Committees. The Board, by affirmative vote of three Trustees, may delegate specific
authority possessed by the Board to a committee of at least two Trustees
("Committee"), provided such delegation shall not operate to relieve the Board or any
Trustee of any responsibility imposed by this Ordinance or other applicable law.
(h)
Telephone Meetings. The Trustees may participate in any meeting of the Board or a
Committee by means of a telephone conference call or similar communications
system by which all persons participating in the meeting can hear each other, and
such participation shall constitute presence at the meeting.
(i)
Action without a Meeting. Any Board or Committee action may be taken without a
meeting if consent is expressed in writing, setting forth the action taken, and signed
by all Trustees or Committee members, as the case may be. Such written consent
shall have the effect of a unanimous vote at a meeting.
(j)
Compensation. There shall be compensation for service as a member of the Board of
Trustees as provided by the Association's By-laws.
(k)
Limited liability and indemnification. The Association shall indemnify any person
who was or is a party or threatened to be made a party to any threatened, pending or
completed action, suit or proceeding either civil, criminal, administrative or
investigative by reason of the fact that he or she is or was a director, officer, agent or
employee acting on behalf of the Association, or is or was serving at the request of
the Association as a director or officer of another enterprise or corporation, against
expenses, including attorneys' fees and costs, judgments, fines and amounts paid in
settlement actually and reasonably incurred by him or her in connection with such
action, suit or proceeding, to the extent that such person is not otherwise indemnified.
The Association shall not be required to indemnify such director, officer, agent or
employee if independent counsel shall determine pursuant to a judicial decision in
any such action, suit or proceeding or independently, in case of settlement, that the
director, officer, agent or employee has failed to act in good faith and with that degree
of diligence, care and skill which ordinary prudent people would exercise under
similar circumstances in like positions.
37
Historical and Statutory Notes
Source:
Band Ordinance 41-16.
§ 3008. Officers.
The officers of the Association shall consist of a Chairman of the Board, a Vice Chairman of the
Board, a Secretary, a Treasurer, and such other officers as the Board may deem necessary or
appropriate, all of whom shall be appointed and hold office as follows:
(a)
Appointment and Term. Officers shall be appointed by the Board at the annual
Board meeting. Unless the Board specifies a shorter term, each Officer shall hold
office until the next annual Board meeting and until his or her successor is appointed
and assumes office. Any two or more Offices may be held by the same person except
Chairman and Vice Chairman or Chairman and Secretary.
(b)
Resignation, Removal and Vacancies.
(1)
Any Officer may resign by giving written notice to the Association. The
resignation shall be effective when given, unless a later effective date is
specified in the notice.
(2)
The Board may remove any officer with or without cause.
(3)
The resignation or removal of an Officer who also serves as a Trustee shall
not also terminate that person's status as a Trustee, unless the resignation so
states or that person's position on the Board is considered vacant under
§ 3007(b) above.
(4)
As provided below, the Chairman and Vice Chairman of the Board must also
be Trustees. Accordingly, upon termination of either Officer's status as a
Trustee, his or her status as Officer shall also terminate.
(5)
If a vacancy occurs in any Office of the Association for any reason, the Board
shall appoint a successor to fill the vacancy for the remainder of the unexpired
term.
(c)
Chairman of the Board. The Chairman of the Board ("Chairman") shall be
appointed from among the Trustees and shall preside at all Board meetings and have
such other powers and duties as the Board may prescribe.
(d)
Vice Chairman of the Board. The Vice Chairman of the Board ("Vice Chairman")
shall be appointed from among the Trustees. In case of the absence, disability or
death of the Chairman, the Vice Chairman shall exercise and perform all powers and
38
duties of the Chairman. The Vice Chairman shall have such other powers and duties
as the Board may prescribe.
(e)
(f)
Secretary. The Secretary shall:
(1)
take minutes of all Board and Committee meetings, and maintain a book
thereof at the Band Government Center, reporting the time and place of the
meeting, how it was authorized, the notice given, the names of those present
at the meeting, and the actions taken;
(2)
keep at the Band Government Center a book containing a copy of this
Ordinance and all subsequent actions of the Chief Executive and Band
Assembly with respect to the Association and Cemetery;
(3)
keep at the Band Government Center copies of any By-Laws adopted by the
Board in accordance with this Ordinance;
(4)
keep at the Band Government Center annual and quarterly financial
statements showing in reasonable detail the Association's assets and liabilities
and the results of its operations; and
(5)
make the foregoing books and records available at all reasonable times for
review and inspection by the Trustees, Chief Executive, Commissioner of
Finance, Band Assembly, and their designees.
Treasurer. The Treasurer shall:
(1)
supervise and control the maintenance of fiscally responsible accounts for the
Association's assets, liabilities, receipts, disbursements, and other financial
affairs;
(2)
cause the books of these accounts to be open at all reasonable times for review
and inspection by the Trustees, Chief Executive, Commissioner of Finance,
Band Assembly, and their designees;
(3)
prepare or oversee the preparation of annual and quarterly financial statements
showing in reasonable detail the Association's assets and liabilities and the
results of its operations, and cooperate with the Secretary of the Association in
making such statements available in accordance with paragraph 8(3)(iv)
above;
(4)
deposit all funds and other financial assets of the Association with the Band’s
Office of Management and Budget;
(5)
receive or cause to be received, and give or cause to be given, receipts for
moneys paid to or on behalf of the account of the Association;
39
(6)
request the Commissioner of Finance to disburse, or cause to be disbursed, all
funds of the Association as may be directed by the Board, taking proper
vouchers for such disbursements;
(7)
render to the Trustees, whenever they may require, accounts of all transactions
engaged in as Treasurer and accounts showing the financial condition of the
Association; and
(8)
have such other powers and duties as the Board may prescribe.
(g)
Other Officers; Delegation. The Board may appoint other Officers as it considers
necessary or appropriate. These Officers shall have powers and duties as the Board
may prescribe. In case of the unavailability or disability of any Officer, the Board
may from time to time temporarily delegate his or her powers or duties to another
Officer or Trustee.
(h)
Compensation. The Officers shall serve with compensation as provided by the
Association's By-laws.
Historical and Statutory Notes
Source:
Band Ordinance 41-16.
§ 3009. Employees.
(a)
Management of Cemetery. Employees of the Band's Community Development
Public Works Department ("Public Works") shall oversee the operation of the
Cemetery, however, the Board may hire a Cemetery Manager to oversee the
operation of the Cemetery in accordance with this Ordinance. The Cemetery Manager
may be hired for such term, and on particular terms and conditions, as the Board
considers necessary or appropriate to serve the best interests of the Association.
Public Works or the Cemetery Manager shall not be a member of the Board. Public
Works or the Cemetery Manager shall report to the members of the Association at the
Association's annual membership meeting, and shall report to the Board at each
regular and special meeting of the Board.
(b)
Other Employees. The Board may hire other employees as it considers necessary or
appropriate to serve the best interests of the Association, on terms and conditions it
considers appropriate.
(c)
Right to Terminate. The Board may terminate an employee who is not an employee
of Public Works, with or without cause, but the termination shall be without prejudice
to the contract rights, if any, of the person so terminated.
40
Historical and Statutory Notes
Source:
Band Ordinance 41-16.
§ 3010. Operations.
(a)
Source of Funds. The Association shall have three sources of funds:
(1)
burial fees collected under § 3003(c) above;
(2)
gifts and donations, which shall be tax deductible to the maximum extent
permitted by law; and
(3)
membership fees collected from non-Band Member Association members
under § 3004(c) above.
(b)
Deposit and Expenditure of Funds. All funds of the Association shall be deposited
with the Office of Management and Budget and maintained in a separate, earmarked
account for the Association. The Association, in consultation with the Commissioner
of Finance, shall use a portion of its funds to establish a permanent trust fund for the
benefit of the Association, which shall also be managed by the Office of Management
and Budget and held in a separate, earmarked account for the Association. The
Commissioner of Finance will disburse the Association's funds on behalf of the
Association when requested to do so in accordance with § 3008(e)(6) above, provided
that no funds will be disbursed for any purpose other than the authorized purposes of
the Association under this Ordinance. The Association's funds shall not be used or
obligated by the Band or any other person or entity for any other purpose.
(c)
Authority to Sign or Endorse Written Instruments. All checks, drafts, other
orders for the payment of money, notes or other evidence of indebtedness, and
securities or other valuable instruments, issued in the name of or payable to the
Association, and all written contracts of the Association, shall be signed or endorsed
on behalf of the Association by the Officer(s) and employee(s) the Board may
designate by written resolution. No Officer or employee of the Association shall
have power to bind the Association by contract or otherwise unless authorized to do
so by this Ordinance or by the Board. ·
(d)
Fiscal Year. The Board shall determine the fiscal year of the Association.
Historical and Statutory Notes
Source:
Band Ordinance 41-16.
41
§ 3011. By-Laws
The Board may adopt, amend, or repeal by-laws of the Association, provided that the bylaws
may not contain provisions inconsistent with the provisions of this Ordinance or applicable law.
Historical and Statutory Notes
Source:
Band Ordinance 41-16.
§ 3012. Regulation of the Cemetery.
(a)
Upon its acquisition by the Association, the use of the Cemetery shall be subject to
the regulations in this section.
(b)
The Cemetery shall be open to the public from two hours before sunrise until two
hours after sunset, provided that these hours may be modified by the Association.
With the exception of officers or employees of the Association, who the Association
has authorized to be on the premises during closed hours, it shall be unlawful to be on
the premises of the Cemetery except when it is open to the public. It shall also be
unlawful to engage in any activities on the premises of the Association other than
those normally associated with burials, visitation of grave sites, memorial services, or
upkeep and maintenance of the Cemetery. The Association shall post notice of these
provisions in a conspicuous place at or near the entrance to the Cemetery. A person
who violates a provision of this paragraph shall be guilty of a civil and criminal
trespass under Band law.
(c)
No person shall open a grave without first obtaining permission from the Association.
A person applying for permission to open a grave shall submit an application to the
Association at least twenty-four hours before the opening. A person in charge of
opening a grave shall be responsible for closing the grave and leaving the gravesite in
good condition.
(d)
Headstones and other markers must be placed inside gravesites and in accordance
with any directives of the Association regarding such placement.
(e)
Flowers placed m the Cemetery must be placed m non-breakable containers within a
gravesite.
(f)
No hedges, fences, walls, curbing, railings, or other similar structures may be placed
around a gravesite or elsewhere within the Cemetery without approval m writing
from the Association.
(g)
Any person who violates any provision in paragraphs c, d, e, or f above shall be guilty
of a civil offense, punishable by a civil penalty of not less than $100 and not more
than $500, and shall be liable to the Association for the costs of removing or
42
relocating any offending item and any damages caused by such item, together with
the Association's reasonable attorneys' fees, all as determined by the Mille Lacs Band
Court of Central Jurisdiction.
Historical and Statutory Notes
Source:
Band Ordinance 41-16.
43
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.