# TITLE 1 – CIVIL RIGHTS CODE............................................................................................. 1 (2024) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aminn_chippewa_mille_lacs%3A66164a90d1405e55 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Laws of the Non-Removable Mille Lacs Band of Ojibwe 2024 - 1 Table of Contents TITLE 1 – CIVIL RIGHTS CODE............................................................................................. 1 TITLE 2 – BAND GOVERNMENTAL POWER AND SOVEREIGNTY ............................. 7 TITLE 3 – LEGISLATIVE BRANCH ..................................................................................... 44 TITLE 4 – EXECUTIVE BRANCH ......................................................................................... 63 TITLE 5 – JUDICIAL BRANCH .............................................................................................. 83 TITLE 6 – GOVERNMENT EMPLOYEES.......................................................................... 117 TITLE 7 – PROCUREMENT.................................................................................................. 147 TITLE 8 – CHILDREN AND FAMILIES ............................................................................. 171 TITLE 9 – EDUCATION ......................................................................................................... 461 TITLE 10 – CULTURAL RESOURCES ............................................................................... 473 TITLE 11 – ENVIRONMENT, NATURAL RESOURCES, ANIMALS AND PLANTS .. 514 *** Titles 12 to 27, see Volume 2 ii TITLE 1 – CIVIL RIGHTS CODE Section 1. Freedom of Religion, Speech and Press; Right to Assemble and Petition. 2. Searches and Seizures. 3. Prohibition Against Double Jeopardy. 4. Self-Incrimination in Criminal Proceeding. 5. Expropriation of Private Property. 6. Individual Rights During Judicial Proceedings. 7. Bails, Fines and Penalties. 8. Equal Protection and Due Process of Law. 9. Bills of Attainder, Ex Post Facto Laws, and Laws Impairing Obligations of Contracts. 10. Rights to Trial by Jury. 11. Habeas Corpus. 12. Presumption of Innocence. 13. Protection of Cultural Values. 14. Fundamental Principles. 15. Compensation for Unlawful Taking of Band Lands. § 1. Freedom of Religion, Speech and Press; Right to Assemble and Petition. (a) The Band Assembly for the Non-Removable Mille Lacs Band of Ojibwe, in exercising the powers of self-government, shall make no law which prohibits the free exercise of religion or abridges the freedom of speech or of the press and to petition for a redress of grievances. (b) The Band Assembly for the Non-Removable Mille Lacs Band of Ojibwe, in exercising the powers of self-government, shall make no law which prohibits the rights of the people to peaceably assemble. However, no Tribal political campaign activity shall be permitted in any government building or any government owned business except for the purpose of a government sponsored candidate forum, where all candidates for band elected office are given the option to participate. Historical and Statutory Notes Source: Band Statute 1140-MLC-1, § 1. Band Ordinance 21-10, § 1. Cross References Nay-Ah-Shing School, sectarian materials or teaching, see 9 MLBS § 23. § 2. Searches and Seizures. 1 All persons within the territories under the jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe have the right to be secure in their persons, houses, papers and effects against unreasonable search and seizures. Any warrant shall be issued by a District Court judge, shall be founded upon probable cause supported by oath or affirmation, and shall describe with particularity the place to be searched and the person or thing to be seized. Historical and Statutory Notes Source: Band Statute 1140-MLC-1. § 2. Band Ordinance 38-19. Cross References Historical preservation, civil penalties, see 10 MLBS § 603. Juvenile justice, warrants, see 8 MLBS § 102. Motor vehicles, seizure and confiscation of certain substances and vehicles in which they are found, see 19 MLBS § 503. Natural Resource Officers, searches, inspections and seizures, see 11 MLBS §§ 2606 to 2608. Peaceful possession of property, see 24 MLBS § 203. Searches and seizures, criminal procedure, see 24 MLBS § 4107 et seq. Trespass, seizure of vehicles, equipment or goods, see 21 MLBS § 207. Watercraft, seizure and confiscation of certain substances and vessels in which they are found, see 20 MLBS § 405. § 3. Prohibition Against Double Jeopardy. No person shall be subjected, for the same offense, to be twice put in jeopardy by the Court of Central Jurisdiction for the commission of a crime within the territories governed by the NonRemovable Mille Lacs Band of Ojibwe. Historical and Statutory Notes Source: Band Statute 1140-MLC-l, § 3. § 4. Self-incrimination in Criminal Proceeding. No person shall be compelled, in any criminal case in the Court of Central Jurisdiction, to be a witness against her or himself. Historical and Statutory Notes Source: Band Statute 1140-MLC-l, § 4. 2 Cross References Basic rights of children taken into custody, see 8 MLBS § 105. Gasoline and petroleum products excise tax, immunity from prosecution based on testimony, see 22 MLBS § 311. Notification of rights at time of arrest, see 24 MLBS § 4106. Sales and use taxes, immunity from prosecution for testimony, see 22 MLBS § 512. Tobacco products excise taxes, immunity from prosecution based on testimony, see 22 MLBS § 218. § 5. Expropriation of Private Property. The Non-Removable Mille Lacs Band of Ojibwe shall not confiscate any private property for public use without just compensation. Historical and Statutory Notes Source: Band Statute 1140-MLC-l, § 5. § 6. Individual Rights During Judicial Proceedings. All persons in any criminal or civil proceeding of the Non-Removable Mille Lacs Band of Ojibwe shall be accorded the right to a speedy and public trial, be informed of the nature and cause of the accusation, be confronted with the witnesses against him, have a compulsory process of obtaining witnesses in her or his favor, and at her or his own expense, to have the assistance of counsel for her or his defense. Historical and Statutory Notes Source: Band Statute 1140-MLC-1, § 6. Cross References Basic rights of children taken into custody, see 8 MLBS § 105. Child care staff, abuse or neglect of children, see 8 MLBS § 1207. Human Resources Division cases, informing minor or parents of rights, see 8 MLBS § 11. Indian employment rights hearings, see 18 MLBS § 423. Legal responsibilities of Solicitor General in capacity of prosecutor, see 4 MLBS § 20. Notification of rights at time of arrest, see 24 MLBS § 4106. § 7. Bails, Fines and Penalties. The Court of Central Jurisdiction, in the exercise of judicial authority, shall issue no order which establishes excessive bail, imposes excessive fines, inflicts cruel and unusual punishments, or 3 imposes for conviction of any one (1) offense a penalty or punishment greater than imprisonment for a term of one (1) year, a fine of $5,000.00, or both. Historical and Statutory Notes Source: Band Statute 1140-MLC-l, § 8. Cross References Bail, see 24 MLBS §§ 4156, 4157. Sentence, see 24 MLBS § 4251 et seq. § 8. Equal Protection and Due Process of Law. All persons within the territorial jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe shall be accorded the equal protection of the Band's laws and no person shall be deprived of liberty or property without due process of law. Historical and Statutory Notes Source: Band Statute 1140-MLC-l, § 8. Cross References Basic rights of children taken into custody, see 8 MLBS § 105. Child care staff, abuse or neglect of children, see 8 MLBS § 1207. Creditors' remedies, due process, see 24 MLBS § 3301. Deputy Registrar of Motor Vehicles, removal, see 19 MLBS § 10. Historical preservation, civil penalties, see 10 MLBS § 603. Human Resources Division cases, informing minor or parents of rights, see 8 MLBS § 11. Indian employment rights hearings, see 18 MLBS § 423. Justices or Judges, removal or discipline, see 5 MLBS § 11. Peaceful possession of property, see 24 MLBS § 203. Solicitor General, legal responsibilities in capacity of prosecutor, see 4 MLBS § 20. § 9. Bills of Attainder, Ex Post Facto Laws, and Laws Impairing Obligations of Contracts. The Band Assembly shall not pass a bill of attainder, approve any ex post facto law, or pass any law impairing the obligations of contracts. Historical and Statutory Notes Source: Band Statute 1140-MLC-1, § 9. 4 § 10. Rights to Trial by Jury. All persons accused of an offense within the territorial jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe which is punishable by imprisonment of not more than one (1) year, shall have the right, upon request, to a trial by jury of not less than six (6) persons. Historical and Statutory Notes Source: Band Statute 1140-MLC-l, § 10. Cross References Criminal procedure, jury trial, see 24 MLBS § 4201. Trial by jury, generally, see 24 MLBS § 2014. § 11. Habeas Corpus. The privilege of the writ of habeas corpus from the Court of Central Jurisdiction, the United States District Court for the District of Minnesota, the Eighth Circuit Court of Appeals, or the United States Supreme Court shall be available to all persons whose liberties have been restricted under the laws of the Non-Removable Mille Lacs Band of Ojibwe. Historical and Statutory Notes Source: Band Statute 1140-MLC-l, § 10.01. § 12. Presumption of Innocence. In any criminal legal proceeding, each person shall be presumed innocent until proven guilty. Historical and Statutory Notes Source: Band Statute 1140-MLC-1, § 11. § 13. Protection of Cultural Values. The Band Assembly shall, in all its actions, seek to preserve and protect the official language of the Band as Ojibwe, the official religion of the Band as Me da win, and protect the Band's aboriginal rights and sovereignty, as well as the unwritten customs and traditions of the Band. 5 Historical and Statutory Notes Source: Band Statute 1140-MLC-1, § 12. Cross References Derivation of political powers, see 2 MLBS § 1. Treaty rights, see 2 MLBS § 1001 et seq. § 14. Fundamental Principles. The rights herein enumerated are basic human rights essential to the security of the Band, individual freedoms, and the continued peace and friendship between the Band and the United States of America as established in the Treaties of 1837, 1842, 1855, 1863, and 1864. Historical and Statutory Notes Source: Band Statute 1140-MLC-l, § 13. § 15. Compensation for Unlawful Taking of Band Lands. The Band Assembly hereby declares that the only means of compensation which are acceptable for unlawful taking of Band lands by other governments, persons or corporations shall be land, and, furthermore, this land shall be equal in nature, value, and all other respects to those lands that were subject to unlawful taking. Historical and Statutory Notes Source: Band Statute 1140-MLC-1, § 14. 6 TITLE 2 – BAND GOVERNMENTAL POWER AND SOVEREIGNTY Chapter 1. General Provisions 2. Treaty Rights 3. Intergovernmental Relations 4. Exclusion and Removal Section 1 1001 2001 3001 Historical and Statutory Notes The Preamble of Band Statute 1141-MLC-2 provides: "WHEREAS, in 1981, the Non-Removable Mille Lacs Band of Chippewa Indians, in a historic step, adopted a form of government based on the principle of division of powers, and, "WHEREAS, that form of government has proven to be highly satisfactory, but experience with the large body of law which was necessary to establish the system has revealed a number of flaws and ambiguities, and, "WHEREAS, the Band Assembly has determined to improve Band government by adopting an entire Code of government, revising and replacing the former Code, NOW THEREFORE, IT IS ENACTED BY THE BAND ASSEMBLY:" Band Statute 1141-MLC-2, §§ 1 and 2 provide: "Section 1. Purpose. The purpose of this act is to promote the general welfare of the Non-Removable Mille Lacs Band of Chippewa Indians and its members by establishing duties, purposes and procedures for the conduct of domestic and external affairs of the Band by a form of government based upon the principle of division of powers. This statute is enacted by the authority vested in the Mille Lacs Reservation Business Committee under Article VI, Section 1 of the Constitution of the Minnesota Chippewa Tribe. "Section 2. Scope of Amending Provision. Band Statutes 1001-MLC-l, 1002-MLC-02, 1008-MLC-1, 1011-MLC-5, 1024-MLC-3, 1032-MLC-l, 1033-MLC-l, 1037-MLC-2, 1039-MLC-1, 1063-MLC-5 are hereby repealed in their entirety and replaced by the provisions of this act, except that: "Section 2.01. The provisions of Band Statute 1032-MLC-l, Section 28, relating to the authorities of the Commissioner of Corporate Affairs shall be transferred and hereinafter referenced by Band Statute 1077-MLC-l6, Section 5. "Section 2.02. The provisions of Band Statutes 1032-MLC-1, Section 29, relating to the authorities of the Commissioner of Natural Resources shall be transferred and hereinafter referenced by Band Statute 1030MLC-22, Section 32." The Title of Band Ordinance 40-03 is “An Ordinance to Increase the Geographic Jurisdiction for Housing Renovation Services.” The Preamble of Band Ordinance 40-03 provides: “It is enacted by the Band Assembly of the Mille Lacs Band of Ojibwe to increase the Geographic Jurisdiction for Housing Renovation Services.” 7 Sections 1, 2 and 5 of Band Ordinance 40-03 provide: “Section 1. Title 2 Mille Lacs Band Statutes Annotated section 10 (referred to in this Act as 2 MLBS sec. 10), “Geographical Jurisdiction for Services” is repealed by this Act and replaced as follows. “Section 2. 2 MLBS sec. 10(a) shall be as stated in Section 3 of this Act and 2 MLBS sec. 10(b) shall be as stated in Section 4 of this Act. “Section 5. The effective date of this law is October 1, 2002.” CHAPTER 1 GENERAL PROVISIONS Section 1. Derivation of Powers. 2. Written and Unwritten Laws. 3. Division of Powers. 4. Functions of Governmental Authority. 5. Sovereign Immunity. 6. Official Seal. 7. Contracts with Band. 8. Official Oath of Office. 9. Code of Ethics. 10. Geographical Jurisdiction for Services. 11. Designation of Band Districts. 12. Waiver for Special Dispensation. § 1. Derivation of Powers. All political powers of the Non-Removable Mille Lacs Band of Ojibwe derive from the aboriginal rights of the Band comprised of the Non-Removable Sandy Lake Band of Ojibwe, the Rice Lake Band of Ojibwe, Snake River Ojibwe and the Kettle River Band of Ojibwe, and the inherent and aboriginal rights of the people of the Band to self-government. Some of these rights have been delegated to establish a constitutional form of government in which the Constitution of the Minnesota Chippewa Tribe is the supreme law of the Band. The Band has reserved to itself, however, the power to maintain a Band government which may enact laws to preserve the sovereignty of the Band and to promote and maintain individual rights and promote the general welfare of the people of the Band. Historical and Statutory Notes Source: Band Statute 1142-MLC-2, § 3. 8 Cross References Protection for cultural values, see 1 MLBS § 13. § 2. Written and Unwritten Laws. All the organs of Band government are subject to written laws, consistent with the authority delegated by the constitution and unwritten laws based upon the customs and traditions of our Band since time immemorial. Historical and Statutory Notes Source: Band Statute 1142-MLC-2, § 3.01. § 3. Division of Powers. To accomplish a fair and just exercise of authorities conferred by the people in the Constitution, the authorities of government shall be balanced by dividing such authorities so that no one (1) person or governmental entity shall have absolute power. Historical and Statutory Notes Source: Band Statute 1142-MLC-2, § 3.02. Cross References Band Assembly District Representatives, prohibition against exercising Executive or Judicial powers, see 3 MLBS § 9. Joint Session of the Band Assembly, see 3 MLBS § 27. Solicitor General, investigations and prosecutions against members of all three branches, see 24 MLBS § 1054. § 4. Functions of Governmental Authority. The authority of government conferred pursuant to Articles I, VI and XIII of the Constitution of the Minnesota Chippewa Tribe is hereby divided into three (3) functions. The three (3) functions of our Band government shall be executive, legislative and judicial. Historical and Statutory Notes Source: Band Statute 1142-MLC-2, § 4. 9 Cross References Executive political authority, see 4 MLBS § 2. Joint Session of the Band Assembly, see 3 MLBS § 27. Judicial authority, see 5 MLBS § 101. Legislative political authority, see 3 MLBS § 3. § 5. Sovereign Immunity. (a) The Band Assembly shall direct by law, in what manner, and in what courts, suits may be brought against the Non-Removable Mille Lacs Band of Ojibwe. Except as specifically authorized by Band Statute, the Non-Removable Mille Lacs Band of Ojibwe shall not be subject to suit in any court of competent jurisdiction without its express written consent to such suit. The sovereign immunity of the Non-Removable Mille Lacs Band of Ojibwe shall apply unless expressly waived by Band statute. (b) Under no circumstances or matters of material fact shall the Band Assembly waive sovereign immunity for the provisions of services to members of the Non-Removable Mille Lacs Band of Ojibwe, when said members as citizens of the state of Minnesota meet eligibility guidelines to receive said services. Any said official of the Band shall have no authority, upon her or his authorization of any contractual document to consent, on behalf of the Band to suit in any court of competent jurisdiction or to submit to any binding arbitration utilizing the civil rules of procedure of the United States of America or the state of Minnesota in any dispute which involves the Band. Therefore, the appearance of any signature of any official of the Non-Removable Mille Lacs Band of Ojibwe to any contractual document shall be valid only for the purposes of implementing the Indian Self Determination and Education Assistance Act of 1975, Public Law 93-638 (25 U.S.C.A. § 450 et seq.) by providing assistance to Indians from Indians. The foregoing shall be liberally construed so as to effectuate the purposes thereof. Historical and Statutory Notes Source: Band Statute 1085-MLC-37, § 75.01. Band Statute 1142-MLC-2, § 30. § 6. Official Seal. The Official Seal of the Non-Removable Mille Lacs Band of Ojibwe shall be affixed to all official documents of the Executive and Legislative Branches of government for the NonRemovable Mille Lacs Band of Ojibwe. Any document of the Executive or Legislative Branch that is required to possess the Official Seal affixed shall have no force or effect and no weight in law until such time as the Seal is affixed. 10 Historical and Statutory Notes Source: Band Statute 1142-MLC-2, § 35. § 7. Contracts with Band. All contractual or other types of agreements, regardless of subject matter shall be executed on lands under the jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe and contain the official seal of the Band to be of any force and effect in any court of law. All said contract or contracts entered into in violation of this Section shall be of no force or effect. Historical and Statutory Notes Source: Band Statute 1085-MLC-37, § 75. Cross References Contracts with Indian tribes, see 25 U.S.C.A. § 81 et seq. § 8. Official Oath of Office. The Chief Justice, or any other Justice of the Court of Central Jurisdiction, before the Band Assembly shall administer the official Oath of Band Office to all popularly-elected leaders of the Band and to any appointee of the Band. The Oath shall be: "I, (name of officer), do hereby swear that I will support, honor and protect the Constitution of the Minnesota Chippewa Tribe, the Constitution of the United States of America, and the laws of the Non-Removable Mille Lacs Band of Ojibwe, and I will protect the rights of Band members and others under the jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe, and I will faithfully and impartially discharge the duties of the office to which I hold to the best of my judgment and ability, so help me gi-chi-ma-ni-do. Historical and Statutory Notes Source: Band Statute 1142-MLC-2, § 34. Cross References Federation Cultural Resources Board, oath of office, see 10 MLBS § 106. Oath for Band offices, see 5 MLBS § 115. § 9. Code of Ethics. 11 The Band Assembly shall establish by law a code of ethics to govern the behavior of all elected and appointed officers of the Non-Removable Mille Lacs Band of Ojibwe. Historical and Statutory Notes Source: Band Statute 1142-MLC-2, § 18. Cross References Recall of appointed officials, violations of code of ethics, see 4 MLBS § 15. § 10. Geographical Jurisdiction for Services. (a) General Geographic Service Area. Enrolled members of the Non-Removable Mille Lacs Band of Ojibwe who reside on trust and/or allotted land or who reside within a 30 mile radius of such trust and/or allotted land shall be entitled to participate in the Cultural, Natural Resources, Economic, Social, Educational, Health and General Welfare Resources of the Band Government as authorized by Article XIII of the Constitution of the Minnesota Chippewa Tribe. (b) Geographical Service Area for Housing Renovations. The Geographical Service Area for Housing Renovation Services shall be any place in the State of Minnesota and on any other lands which are located within50 miles of Mille Lacs Band trust or allotted lands. (c) Geographical Service Area for administering TANF. The Geographical Service Area for administering TANF shall be the Minneapolis/St. Paul urban areas of Hennepin, Anoka, and Ramsey Counties in addition to the geographical Jurisdiction in Title, 2, section 2 and shall be in accordance with a plan submitted by the Commissioner of Education and approved by the Band Assembly. Historical and Statutory Notes Source: Band Statute 1142-MLC-3, § 25. Band Ordinance 40-03, §§ 3 and 4. Band Ordinance 11-04, § 2. § 11. Designation of Band Districts. (a) District I of the Mille Lacs Band of Ojibwe shall be known as Nay-ah-Shing. All trust and/or allotted land within the aforementioned geographical radius with the exception of Chi-mi-ni-sing, (Isle) shall constitute the service jurisdiction of District I. 12 (b) District II of the Mille Lacs Band of Ojibwe shall be known as Ga-me-ta-wa-ga-gimog, (Sandy Lake) and be comprised of the following geographical locations: Mi-nisi-na-kwang (East Lake), Chi-mini-sing, (Isle). All trust and/or allotted land within the aforementioned geographical radius shall constitute the service jurisdiction of District II. (c) District III of the Mille Lacs Band of Ojibwe shall be known as Ah-sho-moog, (Lake Lena) and be comprised of the following geographical locations: Ne-shi-gwa-go-gog, (Pine City), A-sin-ni-ga-ning, (Sandstone), and Ga-shi-gwa-na-bi-go-gog, (Hinckley). All trust and/or allotted land within the aforementioned geographical radius shall constitute the service area of District III. Historical and Statutory Notes Source: Band Statute 1142-MLC-3, § 26. Cross References Consolidated Nay-Ah-Shing School Board, election from Districts, see 9 MLBS § 3. Legislative districts, see 3 MLBS § 2. Motor vehicle registration, application for registration, see 19 MLBS § 106. § 12. Waiver for Special Dispensation. The Band Assembly upon petition of the Chief Executive may issue a Section 20 waiver for participation in resources offered by the Band for the benefit of any Band members or executive administration upon petition of just cause. Historical and Statutory Notes Source: Band Statute 1142-MLC-3, § 27. CHAPTER 2 TREATY RIGHTS Subchapter 1. General Provisions 2. Implementation of Usufructuary Section 1001 1101 13 SUBCHAPTER I GENERAL PROVISIONS Section 1001. Policy. 1002. Supreme Law. 1003. Legal and Moral Obligation of United States. 1004. Cultural Importance of Usufructuary Rights. 1005. Conservation. 1006. Recognition by United States Courts. 1007. Authorization. 1008. Exterior Legal Counsel. Historical and Statutory Notes The Preamble of Band Statute 1056-MLC-24 provides: "It is enacted by the Band Assembly of the Mille Lacs Band of Chippewa Indians for the purpose of exercising usufructuary rights of Band members in the territory ceded in 1837." Cross References 1837 Treaty Conservation Code for the Minnesota Ceded Territory, see 11 MLBS § 4001 et seq. Migratory bird hunting off reservation, memorandum agreement with U.S. Fish and Wildlife Service, see Nat. Res. Comm. Order 144-90. Protection for cultural values, see 1 MLBS § 13. § 1001. Policy. The Band Assembly hereby declares that the Mille Lacs Band of Ojibwe has upheld all provisions of the Treaty of 1837 (7 Stat. 536). Due to the active infringement of its usufructuary rights by the Government of the State of Minnesota, members of the Mille Lacs Band of Ojibwe have not enjoyed the protection guaranteed in Article V of the Treaty of 1837. Therefore, it shall be the policy of the Mille Lacs Band of Ojibwe to aggressively assert all rights, privileges and responsibilities contained in all provisions of said Treaty without infringement by any other government. Source: Historical and Statutory Notes Band Statute 1056-MLC-24, § 1. § 1002. Supreme Law. 14 The Band Assembly hereby declares that in all matters before the Court of Central Jurisdiction, all treaties to which the Mille Lacs Band is a party shall have a status equal to the supreme law of all land under the jurisdiction of the Band. Historical and Statutory Notes Source: Band Statute 1056-MLC-24, § 1.01. § 1003. Legal and Moral Obligation of United States. The Band Assembly hereby declares that the United States of America is possessed of a legal and moral obligation to guarantee usufructuary rights of members of the Mille Lacs Band of Ojibwe by virtue of Congress ratification of the Treaty of 1837. Historical and Statutory Notes Source: Band Statute 1056-MLC-24, § 1.02. Cross References 1837 Treaty Conservation Code for the Minnesota Ceded Territory, see 11 MLBS § 4001 et seq. § 1004. Cultural Importance of Usufructuary Rights. The Band Assembly hereby declares that members of the Mille Lacs Band of Ojibwe are culturally heavily dependent on hunting, fishing, and the gathering of wild rice as vital to the continuance of a cultural existence in the ceded territory. Historical and Statutory Notes Source: Band Statute 1056-MLC-24, § 1.03. § 1005. Conservation. The Band Assembly hereby declares that it is the policy of the Mille Lacs Band of Ojibwe that the exercise of this treaty right shall be in accordance with culturally established principles of conservation. Historical and Statutory Notes Source: 15 Band Statute 1056-MLC-24, §1.04. § 1006. Recognition by United States Courts. Usufructuary rights guaranteed by Article V of the Treaty of 1837 have been recognized by the United States Court of Appeals for the Seventh Circuit in the matter of Lac Courte Oreilles Band of Chippewa Indians v. Lester P. Voight. The Solicitor General for the United States of America has further taken the position before the Supreme Court of the United States that this case was correctly decided. The Supreme Court denied Certiorari. Historical and Statutory Notes Source: Band Statute 1056-MLC-24, § 4. § 1007. Authorization. The Band Assembly hereby directs and empowers the Chief Executive, the Commissioner of Natural Resources, and the Solicitor General to initiate lawful activities which will secure the active involvement of the United States of America in securing usufructuary rights of Band members in the area beginning at the junction of the Crow Wing and Mississippi Rivers, between 20 and 30 miles above where the Mississippi is crossed by the 46th parallel of north latitude, and running thence to the north point of Lake St. Croix, one (1) of the sources of the St. Croix River; thence to and along the dividing ridge between the waters of Lake Superior and those of Mississippi, to the sources of the Ocha-sua-sepe a tributary of the Chippewa river; thence to a point on the Chippewa river, 20 miles below the outlet of Lake De Flambeau; thence to the junction of the Wisconsin and Pelican rivers' thence on an east course 25 miles; thence southerly, on a course parallel with that of the Wisconsin river; to the line dividing the territories of the Chippewa and Menominee; thence to the Plover portage; thence along the southern boundary of the Chippewa country, to the commencement of the boundary line dividing it from that of the Sioux, half a day’s march below the falls on the Chippewa river; thence with said boundary line to the mouth of Wah-tap river, at its junction with the Mississippi; and thence up the Mississippi to the place of beginning. Historical and Statutory Notes Source: Band Statute 1056-MLC-24, § 2. Band Statute 1056-MLC-24, §§ 3 and 5. Cross References Geographical restrictions of natural resource regulations, see 11 MLBS §§ 2004, 2005. 16 § 1008. Exterior Legal Counsel. The Band Attorneys are hereby authorized and directed to assist the Solicitor General of the Mille Lacs Band of Ojibwe in the legal implementation of this chapter. Historical and Statutory Notes Source: Band Statute 1056-MLC-24, § 6. SUBCHAPTER 2 IMPLEMENTATION OF USUFRUCTUARY RIGHTS Part A. General Provisions B. Great Lakes Indian Fish and Wildlife Compact Section 1101 1151 Historical and Statutory Notes The Preamble of Band Statute 1092-MLC-5 provides: "It is enacted, an Indian Fish and Wildlife Compact with Keweenaw Bay Band of Chippewa Indians, Red Cliff Band of Chippewa Indians, Bad River Band of Chippewa Indians, Mole Lake Band of Chippewa Indians, Lac Courte Oreilles Band of Chippewa Indians, Grand Portage Band of Chippewa Indians, Fond du Lac Band of Chippewa Indians, St. Croix Band of Chippewa Indians, Bay Mills Band of Chippewa Indians, Lac du Flambeau Band of Chippewa Indians for the exercise of usufructuary right in the Wisconsin territory of the Treaty of 1837." Cross References Natural Resources Protection Code, see 11 MLBS § 2001 et seq. PART A GENERAL PROVISIONS Section 1101. Reservation of Right of Amendment. 1102. Rights of Band Members. 1103. Applicability of Natural Resources Code. 1104. Court of Central Jurisdiction. 1105. Conflicting Laws. 1106. Obligations of the United States of America. 1107. Rules and Regulations. 17 1108. Obligations of Solicitor General. § 1101. Reservation of Right of Amendment. The Band Assembly hereby fully reserves the right to alter, amend or repeal the several provisions of this subchapter, and all rights and privileges granted or extended hereunder shall be subject to such reserved right. Historical and Statutory Notes Source: Band Statute 1092-MLC-25, § 12. § 1102. Rights of Band Members. Every enrolled member of a constituent Band of the Non-Removable Mille Lacs Band of Ojibwe shall have usufructuary rights provided that in the exercise of said rights, no Band member shall violate the terms and conditions established to exercise said rights. Historical and Statutory Notes Source: Band Statute 1092-MLC-25, § 17. § 1103. Applicability of Natural Resources Code. All provisions of the Natural Resources Code (11 MLBS § 2001 et seq.) shall apply to the exercise of usufructuary rights by Band members in all the territory ceded by the Treaty of 1837. Historical and Statutory Notes Source: Band Statute 1092-MLC-25, § 13.03. § 1104. Court of Central Jurisdiction. The Court of Central Jurisdiction is hereby granted subject matter jurisdiction for any cause of action which arises from implementation of this subchapter. Nothing in this subchapter shall be construed as a waiver of sovereign immunity of the Non-Removable Mille Lacs Band of Ojibwe in any state or federal court of competent jurisdiction. Historical and Statutory Notes 18 Source: Band Statute l092-MLC-25, § 6. Cross References Subject matter jurisdiction, Court of Central Jurisdiction, see 5 MLBS § 111. § 1105. Conflicting Laws. The provisions of this subchapter shall control and be supreme in the event it shall be employed notwithstanding any statutory provision to the contrary or in conflict herewith and the justices of the Court of Central Jurisdiction shall be bound thereby. Historical and Statutory Notes Source: Band Statute 1092-MLC-25, § 15. § 1106. Obligations of the United States of America. Nothing herein or the application thereof shall be construed by any government, agency, person or circumstance as a waiver by the Non-Removable Mille Lacs Band of Ojibwe of the solemn, special trust obligation of the United States of America, as legal trustee for the land, air, water and general natural resource and environmental right, privileges and interests of the Band. Historical and Statutory Notes Source: Band Statute 1092-MLC-25, § 10. § 1107. Rules and Regulations. The Commissioner of Natural Resources shall have the power to issue Commissioner's Orders for the purpose of promulgating all rules and regulations for the exercise of usufructuary rights by Band members in all the territory ceded by the Treaty of 1837 regardless of state boundaries and borders. Historical and Statutory Notes Source: Band Statute 1092-MLC-25, § 13.01. Cross References 19 Commissioner's Orders, see 4 MLBS § 7. § 1108. Obligations of Solicitor General. (a) Should there be any doubt as to the proper interpretation of any part of this chapter, the Chief Executive, Speaker of the Assembly or the Commissioner of Natural Resources shall submit such question to the Solicitor General, who shall give her or his written opinion thereon and such opinion shall be binding until annulled by the full Court of Central Jurisdiction or amended by law. (b) The Solicitor General, consistent with the statutory authority conferred by law shall represent the interests of the Non-Removable Mille Lacs Band of Ojibwe in all matters, related to enforcement of Band law be they prosecutorial or otherwise in the Court of Central Jurisdiction. Historical and Statutory Notes Source: Band Statute 1092-MLC-25, § 14. Cross References Duties of Solicitor General, see 4 MLBS § 18. PART B GREAT LAKES INDIAN FISH AND WILDLIFE COMPACT Section 1151. Findings and Determinations. 1152. Constitution of Great Lakes Indian Fish and Wildlife Commission. 1153. Compact for Non-Removable Mille Lacs Band of Ojibwe. 1154. Voight Inter-Tribal Task Force Charter. 1155. Ratification. 1156. Enabling Legislation. 1157. Withdrawal. 1158. Construction and Severability. 1159. Cooperation of Band Officers. 1160. Commissioner of Natural Resources. § 1151. Findings and Determinations. 20 (a) The Band Assembly hereby finds and determines that usufructuary rights exist in all territories encompassed by the Treaties of July 29, 1837, 7 Stat. 536, and October 4, 1842, 7 Stat. 842 as construed by the Seventh Circuit Court of Appeals in Lac Courte Oreilles Band vs. Voight, 700 F.2d 341, cert. denied 104 S. Ct. 53, 464 US 805, 78 L.Ed.2d 72 (1983). (b) The Band Assembly finds and determines that the sovereignty and jurisdiction of each Band who was signatory to the aforementioned treaties shall extend to all places interior and exterior to their boundaries thereof as defined in federal law. Notwithstanding any provisions of any law of the Mille Lacs Band to the contrary, the Mille Lacs Band shall now and hereafter retain and exercise civil and criminal jurisdiction over enrolled members of the Mille Lacs Band of Ojibwe who exercise usufructuary rights in the territory ceded in the aforementioned treaties. (c) The Band Assembly hereby finds and determines that just cause exists for the NonRemovable Mille Lacs Band of Ojibwe to be a party to a Commission known as the Great Lakes Indian Fish and Wildlife Commission. (d) The Band Assembly finds and determines that a Compact is required, pursuant to the laws of the Non-Removable Mille Lacs Band of Ojibwe. Said Compact to be known as the Great Lakes Indian Fish and Wildlife Compact. (e) The Band Assembly finds and determines that a Constitution proposed by the constituent Bands of the Great Lakes Indian Fish and Wildlife Commission is incompatible with the laws of the Non-Removable Mille Lacs Band of Ojibwe, however we find and determine that in the best interests of unity and conservation of the natural resources, an agreement is necessary and prudent. (f) The Band Assembly hereby finds and determines that any other party to this Commission shall exercise whatever statutory authority deemed necessary to be party to said Commission. (g) Therefore, the Band Assembly hereby finds and determines that the document entitled, "Constitution of the Great Lakes Indian Fish and Wildlife Commission" (2 MLBS § 1152.) is hereby ratified and approved subject to condition entered in the foregoing 'Compact'. Anything in the contents of the 'Constitution', which is inconsistent with any provision of the 'Compact' both ratified herein, it shall be the 'Compact' that controls on behalf of the Non-Removable Mille Lacs Band of Ojibwe. Historical and Statutory Notes Source: Band Statute 1092-MLC-25, § 1. Cross References Court of Central Jurisdiction, jurisdiction over persons, see 5 MLBS §§ 112, 113. 21 § 1152. Constitution of Great Lakes Indian Fish and Wildlife Commission. (a) (b) Entered into by and between the following Bands of Ojibwe: (1) Keweenaw Bay, (2) Bay Mills, (3) Mole Lake, (4) Bad River, (5) Red Cliff, (6) Fond du Lac, (7) Grand Portage, (8) Lac Courte Oreilles, (9) St. Croix, (10) Lac du Flambeau; and (11) Non-Removable Mille Lacs Band. PREAMBLE WE, THE INDIAN TRIBES OF THE GREAT LAKES INDIAN FISH AND WILDLIFE COMMISSION RECOGNIZE THAT OUR FISH, WILDLIFE AND OTHER RENEWABLE RESOURCES ARE IMPORTANT NATURAL RESOURCES AND OF VITAL CONCERN TO THE INDIAN TRIBES OF THE GREAT LAKES REGION AND THAT THE CONSERVATION OF THIS RESOURCE IS DEPENDENT UPON EFFECTIVE AND PROGRESSIVE MANAGEMENT. AND IT IS FURTHER RECOGNIZED THAT THE TRIBES HAVE REGULATORY AUTHORITY AND A RESULTANT DUTY TO PROTECT THE RESOURCE THAT IS OF GREAT IMPORTANCE TO US. WE FURTHER BELIEVE THAT BY UNITY OF ACTION WE CAN BEST ACCOMPLISH THESE THINGS, NOT ONLY FOR THE BENEFIT OF OUR PEOPLE BUT FOR ALL THE PEOPLE OF THE GREAT LAKES. ARTICLE I NAME 22 The name of this organization shall be the GREAT LAKES INDIAN FISH AND WILDLIFE COMMISSION. ARTICLE II PURPOSE A. The GREAT LAKES INDIAN FISH AND WILDLIFE COMMISSION was begun in recognition of the traditional pursuits of the Native American people and the deep abiding respect for the circle of life in which our fellow creatures have played an essential life-giving role. As governments who have inherited the responsibilities for protection of our fish, wildlife, and plants we are burdened with the inability to effectively carry-out our tasks as protectors and managers. This is especially true now that the state and federal courts have recognized our traditional claims. We have never intended to abandon our responsibilities. B. The purposes of this organization are exclusively charitable and educational and shall be: 1. 2. 3. 4. 5. 6. 7. To provide an organization to facilitate and coordinate intertribal communications in the Great Lakes concerning matters pertaining to the exercise of usufructuary rights including fish and wildlife management, treaty rights issues, court cases related to fish and wildlife, tribal and/or inter-tribal regulations. To assist tribal governments in the protection, preservation, conservation and prudent use and management of tribal fish, wildlife, and plant resources in the Great Lakes area. To direct the administration of federal programs, funds and efforts in order to aid and assist the federally recognized members of this organization. To educate Indian and non-Indian professionals involved in fish and wildlife management and others in the general public similarly dedicated to the protection, preservation, enhancement and prudent use of fish, wildlife and other resources. To provide administrative support for and provide expertise and advice to tribal governments in the Great Lakes relating to the protection, preservation, enhancement and prudent use and management of fish, wildlife and other resources in the Great Lakes. To improve the general welfare of Indian people in the Great Lakes through educational, charitable, and fish and wildlife related activities. To carry out the purposes as herein set forth in any state, territory, district, possession, dependency, or other political subdivision of the United States of America or in any foreign country at any other location in the world to the extent that such purposes are not forbidden by the laws of such state, territory, district, possession, dependency, or political subdivision of the United States of America, or of such foreign country, or of such other political entity as may be applicable; provided, however, that such purposes shall be accomplished and exercised only if they may be accomplished and exercised under and in accordance with, Section 501 (c) (3) of the Internal Revenue Code of 1954 and any amendments thereto. ARTICLE III MEMBERS 23 Section 1. Membership shall be open to an Indian tribe in the Great Lakes region who: a. Is recognized as a tribe by federal treaty, statute, agreement or regulation; and who; b. Is organized and operating under a constitution and by-laws; and who; c. [left blank] d. Ratifies this constitution and bylaws of appropriate tribal resolution. ARTICLE IV GOVERNING BODY Section 1. The governing body shall be the Commission. The Commission shall consist of the tribal Chairpersons from each member tribe. Section 2. Two (2) committees of the Commission are hereby established. Great Lakes Indian Fisheries Commission and Voigt Fish and Wildlife Committee, each of which shall be governed by a charter ratified by the constituent tribes of each committee. a. Upon selection the tribe shall notify the Commission of their duly authorized representative by letter. Section 3. The Commission members shall report in writing to their respective governing body on the business transacted, including recommendations for final approval relating to any contract or agreement to be entered on behalf of member tribes, by the Commission. Section 4. A special meeting of the Commission can be called by the Chairman at the request of any Commission member. ARTICLE V OFFICERS Section 1. The officers of the Commission shall be the Chairman, Vice Chairman and Secretary, and shall be elected by the members of the Commission. Section 2. The term of office of each officer shall be for one (1) year and shall commence with the regular meeting, except the first elected officers shall serve until the first regular election. ARTICLE VI VACANCIES AND REMOVAL OF OFFICERS Section 1. If a Commission officer shall die, resign, permanently leave the state or tribe which he or she represents, the Commission shall declare the position vacant and shall select a replacement for the balance of the unexpired term. ARTICLE VII DUTIES OF OFFICERS Section 1. The Chairman shall preside over all meetings of the Commission and shall perform all duties of a Chairman and exercise any authority delegated to her or him by the Commission and shall have all authority to sign all documents for the Commission. He or she shall vote in all matters for her or his respective tribe. 24 Section 2. The Vice-Chairman shall assist the Chairman when called upon to do so in the absence of the Chairman, he or she shall preside. While presiding, he or she shall have all the rights, privileges, and duties as well as the responsibilities of the Chairman. Section 3. The Secretary shall work with administrative staff to ensure that official minutes of all meetings are kept and that meeting notices are mailed in a timely manner. Section 4. The Executive Administrator shall be appointed by the Commission. Section 1. a. b. ARTICLE VIII MEETINGS The conduct and procedure of the meetings may be further defined by the appropriate resolution of the Commission. A quorum shall consist of a majority of the Commission membership. ARTICLE IX OWERS OF THE COMMISSION Section 1. The Commission shall have the following powers: a. To formulate and adopt a budget for Commission activities. b. To formulate a broad natural resource management program for those matters of concern to the committee. b. To coordinate committee budgets and the work of the committees. c. To administer the provision of technical services to the committees and the member tribes. d. Request technical advice and/or assistance from any source whatever for the purpose of assisting tribal fish and wildlife programs and to consult with any and all individuals, organizations, institutions, and government (tribal, local, state, federal, and international) on matters pertaining to fish and wildlife. e. To render any assistance within the authority of the Commission to any tribe requesting such assistance. f. As a non-profit organization to accept funds from state, federal, private foundations or other sources for operations. g. To provide public information. Section 2. Any and all rights vested in members tribes shall not be abridged by this Constitution. Section 3. The Commission shall interpret any and all ambiguous words and phrases found within this Constitution. ARTICLE X POWERS OF THE COMMITTEES Section 1. Each constituent committee shall have the following powers: a. To formulate and adopt a budget to carry out its activities and to secure funding therefore. 25 b. c. To formulate a broad natural resource management program for those matters of concern to the committee. To carry out any other powers provided in Charter. Section 2. Any and all rights vested in members tribes shall not be abridged by this Charter. ARTICLE XI AMENDMENTS This Constitution may be amended by unanimous vote of the member tribes upon at least 15 days’ notice prior to such meeting to consider such proposed amendment submitted to member tribes. Historical and Statutory Notes Source: Band Statute 1092-MLC-25, § 2. § 1153. Compact for Non-Removable Mille Lacs Band of Ojibwe. (a) Entered into by and between the Non-Removable Mille Lacs Band of Ojibwe for the purpose of declaring the conditions under which the Band enters into the Great Lakes Indian Fish and Wildlife Commission. The Band Assembly hereby determines that any Band party to the provision of the "Constitution" found in 2 MLBS § 1152, shall in their own right, enter into the Great Lakes Indian Fish and Wildlife Commission upon terms designated in Article III of 2 MLBS § 1152. (b) THE NON-REMOVABLE MILLE LACS BAND OF OJIBWE HEREBY SOLEMNLY AGREES TO: GREAT LAKES INDIAN FISH AND WILDLIFE COMPACT GREAT LAKES INDIAN FISH AND WILDLIFE COMPACT is hereby ratified, enacted into law, and by this Band as party thereto with any other Band which, pursuant to Article II of said Compact, that desires to legally join therein substantially as follows: ARTICLE I The purpose of this Compact is, through means of joint or cooperative action: 1. 2. To promote the orderly, integrated, and comprehensive development, use, and conservation of Indian resources within the Treaty Cession of 1837/42 (hereinafter called Treaty Cession). To plan for the welfare and development of the Indian resources of the Treaty Cession on a whole as well as for those portions of the Treaty which may have problems of special concerns. 26 3. 4. To make it possible for Reservations within the Treaty and their members to derive the maximum benefit from the utilization of these resources. To establish and maintain an intergovernmental agency to the end that the purposes of this Compact may be accomplished more effectively. ARTICLE II This Compact shall enter into force and become effective and binding when it has been enacted by any Reservation by such action as their laws and the laws of their government may prescribe for adherence thereto. ARTICLE III The Great Lakes Indian Fish and Wildlife Commission created by Article IV of this Compact shall exercise its power and perform its functions in respect to the Treaty Cession Area for which is the purposes of this Compact. The authorization of two (2) committees of the Commission are hereby established, Great Lakes Indian Fisheries Commission and Voight Intertribal Task Force each of which shall be governed by a charter ratified by the respective laws of the Band Governments. ARTICLE IV A. There is hereby created an agency of the party Bands to be known as the Great Lakes Indian Fish and Wildlife Commission. In that name the Commission may sue and be sued. In any of the party's Court of Competent Jurisdiction, the individual party's governing body may at its discretion notify the Band Court no later than 72 hours after any case has been filed of its decision to accept or reject any decision filed by the Court. However, the Great Lakes Indian Fish and Wildlife Commission must put forth a proper defense in any case to which it is a defendant. Actions by non-Indian parties of this Compact shall only be filed in a competent court of one (1) of the parties of this Compact. Transaction involving federal funds shall conform to the laws of any Band Government within whose territory funds are being expended. The Commission may pursuant to by-laws provided for the execution and acknowledgment of all instruments in its behalf. B. The Commission shall be composed of one (1) member from each Band Government as designated or appointed in accordance with the law of the Band Government which they represent and serve and subject to removal in accordance with such law. C. Each band delegate shall be entitled one (1) vote in the Commission. The presence of commissioners from a majority of the party Bands shall constitute a quorum for the transaction of business at any meeting of the Commission. Actions of the Commission shall be by a majority of the votes cast except that any recommendations made pursuant to Article VI of this Compact shall require an affirmative vote of not less than a majority of the votes cast from each of a majority of the Bands present and voting. 27 D. The commissioners of any two (2) or more party Bands may meet separately to consider problems of particular interest to their Band but no action taken at any such meeting shall be deemed an action of the Commission unless and until the Commission shall specifically approve the same. E. In the absence of any commissioner, a representative casting said vote shall have a written proxy in proper form as may be required by the Commission. F. The Commission shall elect annually from among its members a Chairman, ViceChairman and Secretary-Treasurer. The executive director shall serve at the pleasure of the Commission and at such compensation and under such terms and conditions as may be fixed by it. The executive director shall be custodian of the records of the Commission with authority to affix the Commission's official seal and attest to and certify such records or copies thereof. G. The executive director, subject to the approval of the Commission in such cases as its bylaws may provide, shall appoint and remove or discharge such personnel as may be necessary for the performance of the Commission's functions subject to the aforesaid approval, the executive director may fix their compensation, define their duties, and require bond of such of them as the Commission may designate. H. The executive director, on behalf of, as trustee for, and with the approval of the Commission, may borrow, accept, or contract from the services of personnel from any government or any subdivision or agency thereof, from any intergovernmental agency, or from any institution, person, firm or corporation; and may accept from any of the Commissioners’ purposes and functions under this Compact any and all donations, gifts, and grants of money, equipment, supplies, materials and services from any state or government or any subdivision or agency thereof or intergovernmental agency or from any institution, person, firm or corporation and may receive and utilize the same. I. The Commission may establish and maintain one (1) or more offices for the transacting of its business and for such purposes the executive director on behalf, of as trustee for, and with the approval of the Commission, may acquire, hold and dispose of real and personal property necessary to the performance of its functions. J. The Commission may adopt, amend and rescind by-laws, rules, and regulations for the conduct of its business. K. The Commission and its executive director shall make available to the party Bands any information within its possession and shall always provide free access to its records by duly authorized representatives of such party Band. L. The Commission shall keep a written record of its meetings and proceedings and shall annually make a report thereof to be submitted to the duly designated official of each party Band. 28 M. The Commission may issue any reports as it may deem desirable. ARTICLE V A. The Commission shall submit to the executive head or designated officer of each party Band a budget of its estimated expenditures for such period as may be required by the laws of the Band for presentation to the Government thereof. B. Each of the Commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party Bands. Detailed Commission budgets shall be recommended by a majority of the votes cast, and the costs shall be allocated equitably among the party states in accordance with their respective interests. Majority is defined as 3/4 of all parties. C. The Commission shall not pledge the credit of any party Band. The Commission may meet any of its obligations in whole or in part with funds available to it under Article IV (H) of this Compact, provided that the Commission takes specific action setting aside such funds prior to the incurring of any obligations to be met in whole or in part in this manner. Except where the Commission makes use of funds available to it under Article IV (H) hereof, the Commission shall not incur any obligations prior to the allotment of funds by the party states adequate to meet the same. D. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under the bylaws. However, all receipts and disbursement of funds handled by the Commission shall be audited yearly by a certified public accountant and the report of the audit shall be included in and become part of the annual report of the Commission. E. The account of the Commission shall be open at any reasonable time for inspection by such agency, representative or representatives of the party Band as may be duly constituted for that purpose and others who may be authorized by the Commission. ARTICLE VI The Commission shall have power to: A. Collect, correlate, interpret, and report on data relating to the Indian resources and the use thereof in the Treaty Cession or any portion thereof. B. Recommend methods for the orderly, efficient, and balanced development, use and conservation of the Indian resources of the Treaty Cession or any portion thereof to the part Band and to any other governments or agencies having interest in or jurisdiction over the Treaty Cession or any portion thereof. 29 C. Consider means of improving and maintaining the fisheries and wildlife of the Treaty Cession or any portion thereof. D. Recommend policies relating to Indian resources including the institution and alteration of flood plain and other zoning laws, ordinances and regulations. E. Recommend uniform or other laws, or regulations relating to the development, use and conservation of the Treaty Cession resources to the party Band or any of them and to other governments, political subdivision, agencies or intergovernmental bodies having interests in or jurisdiction sufficient to affect conditions in the Treaty Cession or any portion thereof. F. Consider and recommend amendments or agreement supplementary to this Compact to the party Bands or any of them, and assist in the formulation and drafting of such amendments or supplementary agreements. G. Prepare and publish reports, bulletins and publications appropriate to this work and fix reasonable sale prices thereof. H. With respect to the Indian resources of the Treaty Cession or any portion thereof, recommend agreements between the governments of the United States and Canada. I. Cooperate with the governments of the United States and of Canada, the party Band and any public or private agencies or bodies having interests in or jurisdiction sufficient to affect the Treaty Cession or any portion thereof. J. Make any recommendation and do all things necessary and proper to carry out the powers conferred upon the Commission by this Compact, provided that no action of the Commission shall have the force of law in, or be binding upon any party Band. ARTICLE VII Each party Band agrees to consider the action the Commission recommends in respect to: A. To provide an organization to facilitate and coordinate intertribal communication in the Great Lakes concerning matters pertaining to the exercise of usufructuary right including fish and wildlife management, treaty rights issues, court cases related to fish and wildlife, tribal and/or intertribal regulations. B. Measures for combating pollution. C. To assist tribal governments in the protection, preservation, conservation and prudent use and management of tribal fish, wildlife and plant resources in the Great Lakes area. D. Propose wildlife improvement. 30 E. Uniformity or effective coordinating action in fishing laws and regulations and cooperative action to eradicate destructive and parasitical forces endangering the fisheries, wildlife and other Indian resources. F. To direct the administration of federal programs, funds, and efforts in order to aid and assist the federally recognized members of this organization. G. To educate Indian and non-Indian professionals involved in fish and wildlife management and others in the general public similarly dedicated to the protection, preservation, enhancement and prudent use of fish, wildlife and other resources. H. To provide administrative support for and provide expertise and advice to tribal governments in the Great Lakes relating to the protection, preservation, enhancement and prudent use and management of fish, wildlife and other resources in the Great Lakes. ARTICLE VIII This Compact shall continue in force and remain binding upon each party Band until renounced by act of the Government of such Band, in such form and manner as it may choose and as may be valid and effective to repeal a statute of said Band, provided that such renunciation shall not become effective until six (6) months after notice of such action shall have been officially communicated in writing to the executive head of the other party Bands. ARTICLE IX It is intended that the provisions of this Compact shall be reasonably and liberally construed to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party Band or of the United States, or the applicability thereof to any Band, agency, person or circumstance is held invalid, the constitutionality of the remainder of this Compact and the applicability thereof to any Band, agency, person or circumstance shall not be affected hereby, provided further that if this Compact shall be held contrary to the Constitution of the United States, or any party Band, the Compact shall remain in full force and effect as to the remaining Bands and in full force and effect as to the Band affected as to all severable matters. Historical and Statutory Notes Source: Band Statute 1092-MLC-25, § 3. § 1154. Voight Intertribal Task Force Charter. CHARTER VOIGHT INTERTRIBAL TASK FORCE COMMITTEE GREAT LAKES INDIAN FISH AND WILDLIFE COMMISSION 31 ARTICLE I - NAME The name of this committee shall be the Voight Intertribal Task Force Committee. ARTICLE II - PURPOSE The purposes of this committee shall be to: 1. 2. 3. 4. 5. 6. 7. 8. 9. Develop the capabilities of its members tribes to regulate their use of natural resources. Develop biological expertise in inland fish, wildlife, and plant species, communities, and ecosystems. Develop resource management plans. Assist tribes to develop resource regulations suitable for tribal adoption and adequate to protect the environment. Develop law enforcement capabilities adequate to ensure compliance with resource regulations. Assist tribes in the development of judicial systems adequate to adjudicate cases arising under tribal resource regulations. Assist tribes or Bands to secure through negotiations, litigation, arbitration, or any other lawful and appropriate means, the full exercise of the usufructuary rights reserved in the Treaties of 1 837 and 1842. Develop the capability to recognize, analyze and recommend action on actual and potential environmental degradation which may impair the opportunity to engage in usufructuary activities within the territories ceded by the Treaties of 1837 and 1842. Educate tribal membership, tribal leadership, and the general public in issues and events related to the other purposes stated herein. ARTICLE III - MEMBERSHIP Section 1. Membership. Membership in this committee is open to any federally recognized Chippewa Tribe or Band which: (a) (b) (c) (d) Is a member of the Great Lakes Indian Fish and Wildlife Commission; and Is a signatory or successor thereto to either the 1837 or 1842 Treaties; and Has a reservation within the territories ceded by the 1837 and 1842 Treaties; and Has by resolution adopted this Charter. ARTICLE IV - TRANSACTING BUSINESS Section 1. Representatives. Each member tribe may appoint one (1) representative to the committee and one (1) alternate. Each tribe may select its representative and alternate by whatever means and for whatever term deemed appropriate by the tribe. Section 2. Meetings. The committee shall hold an annual meeting in October of each year. The committee shall also hold meetings as needed, which may be called by the Chairman, or in the 32 absence of the Chairman, the Vice Chairman, or in any event by any three (3) member tribes or the executive administrator of the Commission. Meetings may be conducted by conference call. Section 3. Action. All action must be authorized by motion and approval by a majority of those tribes in attendance. Section 4. Voting. On all matters upon which a vote shall be taken each member tribe shall have one (1) vote. Section 5. Quorum. A majority of the member tribes shall constitute a quorum. ARTICLE V - OFFICERS Section 1. Officers. The officers of the committee shall be the Chairman and Vice-Chairman, and shall be elected by the members of the committee at the annual meeting. Section 2. Terms. The term of office for each officer shall be one (1) year except that the officers first elected under this Charter shall serve until the 1985 annual meeting. Section 3. Vacancies. In the event a committee officer is for any reason unable or unwilling to complete her or his term the committee shall, on at least 30 days’ notice to its members, hold a special election for the purpose of replacing the officer. ARTICLE VI - DUTIES OF OFFICERS Section 1. Chairman. The Chairman shall preside over all meetings of the committee, shall perform all duties of a Chairman, shall exercise any authority delegated by the committee, and shall have authority to sign all documents for the committee. The Chairman shall work with the administrative staff to ensure that official minutes of all meetings are kept and that meeting notices are mailed in a timely manner. The Chairman shall be allowed to vote. Section 2. Vice-Chairman. The Vice-Chairman shall assist the Chairman when called upon to do so and in the absence of the Chairman shall preside. While presiding, the Vice-Chairman shall have all the rights, privileges, duties, and responsibilities of the Chairman. Section 3. Further Duties. The duties of the officers may be defined further by motion of the committee. ARTICLE VII - POWERS The committee shall have the following powers: (1) (2) To undertake any programs consistent with the purposes as defined in Article II. To formulate and adopt a budget to carry out its activities, and to secure funding through the Commission therefore, and to approve modifications and amendments to the budget as may from time to time be required. 33 (3) (4) To formulate and adopt policies for the provision of technical, enforcement, and judicial services to the committee and its member tribes, to be implemented by the Commission staff. To establish subcommittees to pursue such objectives as the committee shall direct. ARTICLE VIII - AMENDMENTS This Charter may be amended by affirmative vote of at least two-thirds of the member tribes upon furnishing to all member tribes of the Commission a copy of the proposed amendment at least 60 days in advance of the vote on such amendment. Historical and Statutory Notes Source: Band Statute l092-MLC-25, § 4. § 1155. Ratification. The Commissioner of Natural Resources is authorized and directed to witness the ratification of the Compact by the Non-Removable Mille Lacs Band of Ojibwe by executing the final draft thereof in her or his own name as Commissioner for and on behalf of the Non-Removable Mille Lacs Band of Ojibwe and affixing the Seal of the Non-Removable Mille Lacs Band of Ojibwe. Historical and Statutory Notes Source: Band Statute 1092-MLC-25, § 5. § 1156. Enabling Legislation. This Compact shall become effective and operative immediately after passage the Constitution of the Great Lakes Indian Fish and Wildlife Commission by any five (5) party Bands incorporating the provisions of said Constitution into the laws of such Bands. Historical and Statutory Notes Source: Band Statute 1092-MLC-25, § 9. § 1157. Withdrawal. The Non-Removable Mille Lacs Band of Ojibwe in acceding to this Compact Constitution reserves the right at any time to withdraw from said Compact-Constitution, but such withdrawal shall be based upon a law properly enacted pursuant to Band 3 MLBS § 16. 34 Historical and Statutory Notes Source: Band Statute 1092-MLC-25, § 8. § 1158. Construction and Severability. This Compact shall be liberally construed so as to effectuate the purposes thereof by the Court of Central Jurisdiction. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the laws of any party Band or the application thereof to any agency, person or circumstance is held invalid by the Court of Central Jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any agency, person, or circumstance shall not be affected thereby. If this Compact-Constitution or any part thereof shall be held contrary to the laws of any party Band, this CompactConstitution may remain in full force and effect as to the remaining party Bands and as to the Mille Lacs Band so affected, in full force and effect as to all severable matters. Historical and Statutory Notes Source: Band Statute 1092-MLC-25, § 7. § 1159. Cooperation of Band Officers. All administrations and entities of the Non-Removable Mille Lacs Band of Ojibwe shall cooperate with the Commission and the Task Force in the execution of their functions and shall assist the Commission and the Task Force in carrying out the duties imposed upon it. Historical and Statutory Notes Source: Band Statute 1092-MLC-25, § 11. § 1160. Commissioner of Natural Resources. In pursuance of Article IV of the Compact and Article IV of the Charter, the Commissioner of Natural Resources shall be the duly authorized representative of the Band at meetings called by the Chairman of the Commission and the Task Force at a designated location and shall exercise all voting rights conferred by the Compact and Charter as provided. Historical and Statutory Notes Source: 35 Band Statute 1092-MLC-25, § 13. CHAPTER 3 INTERGOVERNMENTAL RELATIONS Section 2001. Minnesota State Intertribal Affairs Council. § 2001. Minnesota State Intertribal Affairs Council. Pursuant to Minnesota Statutes-Chapter 3, Section 922, the Non-Removable Mille Lacs Band of Ojibwe may participate in an Indian Affairs Intertribal Council, an entity of the state of Minnesota. The Chief Executive is hereby authorized and directed to notify the Governor of the state of Minnesota and other tribal governments that effective on March 1, 1985 the NonRemovable Mille Lacs Band of Ojibwe shall withdraw from participation in this state council and shall in no way sanction any actions of said council as they may apply to the NonRemovable Mille Lacs Band of Ojibwe, as the public policy of the Band is to recognize and enhance government to government diplomatic relations. Historical and Statutory Notes Source: Band Statute 1085-MLC-37, § 82. CHAPTER 4 EXCLUSION AND REMOVAL Section 3001. Findings and Determinations. 3002. Definitions. 3003. Persons Subject to Exclusion and Removal. 3004. Grounds for Exclusion and Removal. 3005. Complaint for Exclusion. 3006. Notice of Exclusion. 3007. Exclusion Hearing. 3008. Exclusion Orders. 3009. Enforcement Proceedings. 3010. Emergency Writs. 3011. Authorized Entry for Exclusion Hearing. 3012. Review of Orders of Exclusion and Removal. 36 3013. Stays. Historical and Statutory Notes The Preamble of Band Statute 1069-MLC-7 provides: "It is enacted by the Band Assembly of the Mille Lacs Band of Chippewa Indians for the purpose of exclusion and removal of persons within the jurisdiction of the Band for just cause." Cross References Commercial practices, violations, see 18 MLBS § 10. Cultural actions, sanctions, see 24 MLBS § 603. Life estates in trust or restricted lands, spouse or children of member, see 21 MLBS § 102. Prohibited drugs, see 23 MLBS § 1 et seq. Trespass, see 21 MLBS § 206. § 3001. Findings and Determinations. (a) That under federal law and Article 6, Section 1 (c), of the Constitution of the Minnesota Chippewa Tribe, and as an incident of its inherent sovereign powers, the Non-Removable Mille Lacs Band of Ojibwe has the authority to exclude certain persons from territories under the jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe and to determine the conditions upon which such persons may be present within said lands. (b) That in order to protect and promote the health, safety, morals and general welfare of the Band, its members and other residents of lands under the jurisdiction of the NonRemovable Mille Lacs Band of Ojibwe, it is necessary to provide a means to exclude or remove such persons from said lands in the event that they violate Band law or do other acts harmful to the Band, its members or other residents of territories under the jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe. Historical and Statutory Notes Source: Band Statute 1069-MLC-7, § 1. § 3002. Definitions. The following terms shall have the following meanings when used in this chapter: (a) "Appellate Court" means the Appellate Division of the Court of Central Jurisdiction of the Band. (b) “Band" means any constituent Band of the Non-Removable Mille Lacs Band of Ojibwe, a federally recognized Indian Tribe. 37 (c) "Court" means the Court of Central Jurisdiction for each constituent Band of the Non-Removable Mille Lacs Band of Ojibwe. (d) "Constituent Bands" means the Non-Removable Sandy Lake Band of Ojibwe, the Snake River Band of Ojibwe, the Rice Lake Band of Ojibwe, the the Lake Lena (Knife River) Band of Ojibwe, and the Non-Removable Mille Lacs Band of Ojibwe. (e) "District Court" means the District Division of the Court of Central Jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe. (f) "Law Enforcement Officer" means an officer of the Band authorized to enforce the laws of the Band. (g) "Secretary" means the United States Secretary of the Interior. (h) "Weapon" means an instrument of offensive or defensive combat, or anything used, or designed to be used, in destroying, defeating or injuring a person. Historical and Statutory Notes Source: Band Statute 1069-MLC-7, § 13. § 3003. Persons Subject to Exclusion and Removal. All persons, except those authorized by federal law to be present on lands under the jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe, are subject to exclusion or removal from all or any portion of said lands as provided herein. Historical and Statutory Notes Source: Band Statute 1069-MLC-7 § 2. § 3004. Grounds for Exclusion and Removal. Persons subject to exclusion and removal may be excluded or removed from said lands for commission of one (1) or more of the following acts within said lands: (a) An act that is a crime, as defined by federal or Band law, or any act which, if committed by a member of the Band, would be a crime under Band law. 38 (b) Any act causing physical loss or damage of any nature to the property of the Band or Tribe, enrolled member of the Band, or other residents of land under the jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe. (c) Obstructing the performance of governmental functions by any elected official, officer, agent or employee of the Band through the use or threat of force or violence, bribery, deception or other unlawful means. (d) Resisting arrest by a law enforcement officer through the use of threat of force or violence, bribery, deception or other unlawful means. (e) Rendering criminal assistance by doing any one (1) of the following acts for the purpose of hindering the apprehension, prosecution, conviction or punishment of a person known to have committed a crime, to be sought by law enforcement officers for the commission of a crime, or to have escaped from a detention facility: (1) harboring or concealing such person, (2) providing to such person a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension, (3) concealing, altering or destroying any physical evidence that might aid in the discovery or apprehension of such person, (4) warning such person of impending discovery or apprehension, except where such warning is given in an attempt to persuade the person to comply with the law, or (5) obstructing by force, threat, bribery or deception any person from performing an act that might aid in the discovery, apprehension, prosecution or conviction of such person. (f) Threatening to enter lands under the jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe to cause disturbances or riots or to conduct any other activity prohibited by law. (g) Mining, cutting timber or vegetation or other use, abuse or damage to property of the Band or Tribe without authorization from the Band, Tribe or Secretary. (h) Prospecting without authority from the Band or the Secretary. (i) Exploring or excavating items, sites or locations of historic, religious or scientific significance without the lawful authority or permission of the Band or in violation of Band or federal law. 39 (j) Committing frauds, confidence games or usury against any enrolled member of the Band or any other resident of lands under the jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe. (k) Inducing any enrolled member of the Band or any other resident of said lands to enter into a grossly unfavorable contract of any nature. (l) Defrauding any enrolled member of the Band or any other resident of said land of just compensation for her or his labor or service of any nature. (m) Unauthorized taking of any property from lands under the jurisdiction of NonRemovable Mille Lacs Band of Ojibwe. (n) Entering land under the jurisdiction of any constituent Band of the Non-Removable Mille Lacs Band of Ojibwe for the purpose of evicting of a Band member or the removal of any real or personal property of a Band member without her or his written consent. Historical and Statutory Notes Source: Band Statute 1069-MLC-7, § 3. Cross References Criminal causes of action, see 24 MLBS § 1001 et seq. Historical preservation, civil penalties, see 10 MLBS § 603. § 3005. Complaint for Exclusion. Any member, officer, agent or employee of the Band may make a complaint for exclusion. Forms of complaint will be kept by the Clerk of Court and other officials that may be designated by him. A complaint for exclusion shall be valid only if it bears the signature of the complaining witness and is witnessed by a Judge of the Court, the Clerk of Court, or a law enforcement officer. After the complaint has been duly signed and witnessed, it shall be delivered to the District Court. Historical and Statutory Notes Source: Band Statute 1069-MLC-7, § 4. § 3006. Notice of Exclusion. 40 Upon receipt of a valid complaint for exclusion, the District Court shall cause notice to be served personally or, if personal service is not reasonably possible, by registered mail, upon the person proposed for exclusion. The notice shall state the reason for the proposed exclusion and shall state a time and place at which the person may appear before the District Court to show cause why he or she should not be excluded from said land. The hearing shall be held not less than three (3) days after the time of service or mailing. Historical and Statutory Notes Source: Band Statute 1069-MLC-7, § 5. § 3007. Exclusion Hearing. After notice to the person proposed for exclusion, the District Court shall hold a hearing to determine whether the person shall be excluded from the lands under the jurisdiction of the NonRemovable Mille Lacs Band of Ojibwe. The person shall be given an opportunity to present evidence and argument at the hearing and cross examine opposing witnesses, and may be represented by council at her or his own expense. The District Court may, in its discretion, grant a continuance of the hearing on request by the person proposed for exclusion or upon its own motion. Historical and Statutory Notes Source: Band Statute 1069-MLC-7, § 6. § 3008. Exclusion Orders. After the hearing, or at the time set for the hearing if the person proposed for exclusion does not appear, the District Court may order her or him excluded from all or any portion of said lands, or may permit her or him to remain upon said lands on such conditions as the District Court sees fit to impose. Notice of the order shall be served in the manner set forth in 2 MLBS § 3006. Conditions that the District Court may impose in an order of exclusion may include, but shall not be limited to; the payment of money or performance of labor by the person to be excluded as restitution for damage caused by the person, and the payment of a civil penalty. A conditional civil penalty included in an order of exclusion shall be in the nature of a civil forfeiture and not a criminal fine and shall be for the purpose of recovering in part the costs of enforcement of this chapter. An order of exclusion shall remain in force until revoked by the District Court unless the order specifically provides otherwise. Historical and Statutory Notes Source: Band Statute 1069-MLC-7, § 7. 41 § 3009. Enforcement Proceedings. If any person ordered excluded from said lands by the District Court does not promptly comply with the order of exclusion, the District Court shall order her or his removal from said land at the non-member's expense, or the prevention of her or his entry into lands under the jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe, and may refer the matter to the United States Attorney for prosecution under any applicable federal statute. Historical and Statutory Notes Source: Band Statute 1069-MLC-7, § 8. § 3010. Emergency Writs. If, upon receipt of a valid Complaint for exclusion, the District Court finds that the presence of the person proposed for exclusion on said lands presents an immediate danger to the life, health, morals or property of the Band, its members or other residents of said land, and further finds that delay would result in irreparable injury, the District Court may issue an Emergency Writ of Exclusion without providing prior notice as required by 2 MLBS § 3006, or holding a hearing as required by 2 MLBS § 3007. The District Court shall cause the Writ to be served upon the person in the most expeditious manner practical under the circumstances. An Emergency Writ of Exclusion may, in addition to ordering the exclusion of a person, direct any law enforcement officer to remove the person from land under the jurisdiction of the Non-Removable Mille Lacs band of Ojibwe. In the event that removal is ordered, the law enforcement officer executing the Writ shall use only so much force as is necessary to affect the removal, and shall serve a copy of the Writ upon the person at the time of removal or as soon thereafter as possible. An Emergency Writ of Exclusion shall remain in force until revoked by the District Court unless the Writ specifically provides otherwise. Historical and Statutory Notes Source: Band Statute 1069-MLC-7, § 9. § 3011. Authorized Entry for Exclusion Hearing. An emergency Writ of exclusion shall contain notice to the person excluded of the time at which he or she may enter said land in the company of a law enforcement officer for the purpose of attending an exclusion hearing before the District Court. The person must be accompanied by a law enforcement officer at all times during her or his presence on said land unless the Writ specifically provides otherwise. In all other respects, the provisions of 2 MLBS §§ 3007 to 3009 42 shall be applicable to a person excluded from land under the jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe under an Emergency Writ of Exclusion. Historical and Statutory Notes Source: Band Statute 1069-MLC-7 § 10. § 3012. Review of Orders of Exclusion and Removal. The Appellate Court shall have exclusive jurisdiction to hear appeals from orders of exclusion. No appeal may be taken from an exclusion order if the person excluded failed without good cause to appear at the exclusion hearing. An excluded person may enter said lands in the company of a law enforcement officer for the purpose of presenting argument to the Appellate Court. The person must be accompanied by a law enforcement officer at all times during her or his presence on said lands unless the order of exclusion specifically provides otherwise. Historical and Statutory Notes Source: Band Statute 1069-MLC-7, § 11. § 3013. Stays. (a) (b) The appellate Court may stay an order of exclusion upon condition of security as it deems just, only if: (1) all prior hearing remedies have been exhausted, and (2) no substantial interest of the Band, its members, or other residents of said land will be adversely affected thereby. All orders of exclusion shall remain in full force and effect pending appeal unless stayed as provided herein. Historical and Statutory Notes Source: Band Statute 1069-MLC-7, § 12. 43 TITLE 3 – LEGISLATIVE BRANCH Section 1. Definitions. 2. Band Assembly. 3. Legislative Power. 4. Initiative and Referendum. 5. Band Assembly Members. 6. Terms of Office. 7. Powers and Duties of Speaker of Assembly. 8. Powers and Duties of the Secretary-Treasurer. 9. Powers and Duties of District Representatives. 10. Parliamentarian and Clerk of the Band Assembly. 11. Record of Proceedings. 12. Rules of Band Assembly. 13. Band Assembly Vacancies. 14. Quorum. 15. Roll Call Vote. 16. Compensation. 17. Passage of Laws. 18. Legislative Sessions. 19. Special Sessions. 20. Annulment of Commissioner's Orders and Opinions of Solicitor General. 21. Appropriation Bills Prior to End of Fiscal Year. 22. Fiscal Year. 23. Petitions by Band Members. 24. Legislative Privilege. 25. Assembly Powers of Inquiry. 26. Multi-Topic Bills. 27. Joint Session of Band Assembly. 28. Removal of Elected Officials or Appointees. 29. Elections. 30. Legislative Orders. 31. Style of Laws. 32. Effective Date for Bills, Orders, and Resolutions. 33. Interpretation of Title. 34. Construction of Title. § 1. Definitions. The definitions in this section shall apply to this Title. (a) “Band” means the Non-Removable Mille Lacs Band of Ojibwe. 44 (b) “Band Assembly” means the Band’s legislative branch, established pursuant to 3 MLBS § 2, and comprised of the duly elected Speaker of the Assembly and three (3) District Representatives. (c) “Bill” means proposed legislation under consideration by the Band Assembly. (d) “Chief Executive” means the elected official who leads the Band’s executive branch pursuant to 4 MLBS § 6. (e) “Clerk of the Band Assembly” means the appointed official pursuant to 3 MLBS § 10 who is responsible for managing the session proceedings, record-keeping, and bill drafting. (f) “Formal Public Hearing” means a hearing conducted by the Band Assembly pursuant to 3 MLBS § 17(a). (g) “Joint Session of the Band Assembly” means a meeting with the four (4) members of the Band Assembly and the Chief Executive, convened pursuant to 3 MLBS § 27. (h) “Law” means a bill adopted by the Band Assembly and not vetoed by the Chief Executive. (i) “Legislative Session” means the period of time in which the Speaker of the Assembly convenes the Band Assembly pursuant to § 18. (j) “Opinion” means a written interpretation of Band laws, policies, or Legislative, Secretarial, or Commissioner’s Orders pursuant to 4 MLBS § 18. (k) “Ordinance” means an act adopted by the Band Assembly and presented to the Chief Executive. (l) “Parliamentarian” means the appointed official pursuant to 3 MLBS § 10 who is trained in parliamentary law and in the rules, precedents, and practices of the Band Assembly. (m) “Resolution” means a formal expression of opinion, will, or intention voted on by the Band Assembly. (n) “Resolution of the Joint Session of the Band Assembly” means a resolution of the Joint Session of the Band Assembly, which is voted on by the Band Assembly, including the Speaker of the Assembly, and the Chief Executive. (o) “Secretary-Treasurer” means the elected official who has the powers and duties in administrating the Band’s financial affairs pursuant to 3 MLBS § 8. 45 (p) “Speaker of the Assembly” means the elected official who leads the Band’s legislative branch pursuant to 3 MLBS § 7. (q) “Special Session” means a meeting held outside of the normal legislative session. A special session is called pursuant to 3 MLBS § 7. (r) “Statute” means an ordinance that has been codified into Band law pursuant to Title 25. Historical and Statutory Notes Source: Band Ordinance 38-21. Band Ordinance 02-22. Band Ordinance 40-22. Band Act 79-22. § 2. Band Assembly. (a) All legislative political authority of the Non-Removable Mille Lacs Band of Ojibwe shall be vested in the Legislative Branch of government. The Legislative Branch of government shall be known as the Band Assembly. It shall be comprised of the duly elected representatives of the legislative districts of the Mille Lacs Reservation. Each District shall elect one (1) representative. The Districts are as follows: (1) District 1: Nay-Ah-Shing (Vineland). (2) District 2: Mi-ni-si-na-kwang (East Lake), Chi-mini-sing (Isle), Ga-me-tawa-ga-gi-mog (Sandy Lake), and Chi-manoominikaang (Minnewawa); and (3) District 3: Ga-shi-gwa-na-bi-go-gog (Hinckley), Ah-zhoo-moog (Lake Lena), Ne-shi-gwa-go-gog (Pine City), and A-sin-ni-ga-ning (Sandstone). (b) The Secretary-Treasurer shall be the leader of the Band Assembly. The SecretaryTreasurer shall exercise her or his legislative duties under the title "Speaker of the Assembly." The Secretary-Treasurer shall exercise her or his financial duties under the title "Secretary of Treasury." (c) Unless otherwise specified by Band Statute, all legislative authority of the Mille Lacs Reservation Business Committee shall be exercised by the Band Assembly. The Band Assembly is and shall be the body referred to in the Constitution of the Minnesota Chippewa Tribe as the Reservation Business Committee. Historical and Statutory Notes 46 Source: Band Statute 1141-MLC-2, § 4.01. Band Ordinance 38-21. Band Act 79-22. Cross References Designation of band districts, see 2 MLBS§ 11. Functions of governmental authority, see 2 MLBS § 4. Reservation Business Committee, see Const. Art. 3, § 2. § 3. Legislative Power. It shall be the authority and duty of the Legislative Branch to enact laws which regulate internal and external affairs of the Band in order to promote the general welfare of the people. The Band Assembly shall have power: (a) to enact laws which promote the general welfare of the people, (b) to appropriate all Band revenue regardless of source, (c) to confirm appointments of the Chief Executive, which are, by law, required to be with the advice and consent of the Band Assembly, (d) to adopt resolutions, (e) to annul any Commissioner's Order or any Opinion of the Solicitor General in conformity with 3 MLBS § 20, (f) to ratify agreements, contracts, cooperative and reciprocity agreements, and memoranda of understanding; and (g) to perform all other legislative functions conferred by the provisions of Article VI of the Constitution of the Minnesota Chippewa Tribe. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 5. Band Ordinance 38-21. Cross References Consolidated Nay-Ah-Shing School Board; powers reserved to Band Assembly, see 9 MLBS § 14. Education-related funds, appropriations, see 9 MLBS § 26. Gaming, Compacts with State of Minnesota, see 15 MLBS § 104. Negotiation and execution of agreements, contracts, etc., see 4 MLBS § 3. 47 Recommendation of agreements, contracts, etc., see 4 MLBS § 6. Violation of approved Tribal Ordinance, see 24 MLBS § 1211. § 4. Initiative and Referendum. (a) The legislative authority of the Band is vested in the Band Assembly, but there is reserved to the people the power to propose bills and laws and to enact or reject the same at the polls, independent of the Band Assembly and at their own option, to approve or reject at the polls any item, section or part of any bill or law passed by the Band Assembly, subject to election regulations promulgated by the Band Assembly. (b) The power of the people to approve or reject at the polls any item, section or part of any bill or law passed by the Band Assembly shall be exercised by filing a petition with the Secretary-Treasurer, signed by at least 5% of the Band members entitled to vote in tribal elections based on the total number of registered voters at the last preceding tribal election, within 20 calendar days after the passage of such bill or law. Newly enacted bills and laws shall be posted in each district within five (5) calendar days of enactment and shall remain posted until 20 calendar days have passed after enactment. The same petition requirements, excluding the 20-day limitation, shall apply to the power of the people to propose new bills and laws. An election regarding such initiative or referendum shall be held within 30 calendar days after the filing of the petition. (c) The people shall not have the power to approve or reject at the polls any item, section, or part of any bill or law passed by the Band Assembly prior to September 19, 1992. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 6. Band Ordinance 08-93. Band Ordinance 38-21. Band Act 79-22. § 5. Band Assembly Members. The Band Assembly shall be comprised of the popularly elected Secretary-Treasurer, who shall be the Speaker of the Assembly, and the popularly elected District Representatives from each of the three (3) districts within the territorial jurisdiction of the Reservation. Each District Representative shall have one (1) vote in the Band Assembly. Historical and Statutory Notes Source: 48 Band Statute 1141-MLC-2, § 7. Band Ordinance 38-21. Band Act 79-22. § 6. Terms of Office. The terms of office of the members of the Band Assembly shall be the term prescribed for the Secretary-Treasurer and Committeemen of the Reservation Business Committee in Article IV, Section 3 of the Constitution of the Minnesota Chippewa Tribe. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 8. § 7. Powers and Duties of Speaker of Assembly. (a) (b) The Speaker of the Assembly shall be the leader of the Legislative Branch of Government and have the following powers and duties in exercising said authority of government: (1) to convene the Band Assembly subject to 3 MLBS §§ 18 and 19; in the event that he or she shall fail to do so upon request of any two (2) District Representatives, the Band Assembly may be convened after 48 hours’ notice by any member of the Band Assembly, (2) to be considered as a member of the Band Assembly for purposes of establishing a quorum, (3) to require the prompt recording of the Band Assembly's acts and deeds, (4) to schedule all special hearings of the Band Assembly upon request of any two (2) District Representatives, (5) to have the powers of authorization for issuance of all subpoenas and official documents on behalf of the Band Assembly; and (6) to maintain order in all sessions of the Band Assembly. The Speaker of the Assembly shall not be a voting member of the Band Assembly. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 9. 49 Band Ordinance 38-21. Band Ordinance 02-22. Band Act 79-22. § 8. Powers and Duties of Secretary-Treasurer. The Secretary-Treasurer shall have the following general powers and duties in administrating the financial affairs of Band government: (a) to superintend and manage all fiscal operations, planning and budgeting of the Band as authorized by the Band Assembly, (b) to enforce on behalf of the Band all judgments and claims rendered in its favor, (c) to receive and keep receipts for all monies paid into the Band treasury and safely keep the same until lawfully disbursed by formal appropriation, (d) to have powers of investigations of financial irregularity, (e) to require the production of such books, accounts, documents, and property under any lawful financial inquiry in all things that will aid her or him in the performance of her or his duties; (f) to levy, impound or attach any financial account of the Band or any political subdivision thereof to prevent serious financial jeopardy or acts in violation of law. This authority shall not be exercised to contravene any lawful acts of the Band Assembly, (g) to issue Secretarial Orders to implement decisions concerning matters of the fiscal affairs of the Band consistent with the powers herein delegated. Such written orders shall be in uniform format, numbered consecutively, and have expiration dates, (h) to nominate, in conjunction with the Chief Executive, a suitable person to act as the Commissioner of Finance, (i) to post a fidelity bond in favor of the Band in an amount satisfactory to the Band Assembly; and (j) to coordinate with the Commissioner of Finance for the Office of Management and Budget to ensure that financial planning and operations are consistent. Historical and Statutory Notes Source: 50 Band Statute 1141-MLC-2, § 10. Band Ordinance 38-21. Band Act 79-22. Cross References Commissioner of Finance, see 22 MLBS § 101 et seq. Public Works Commission, financial record system, see 12 MLBS § 114. Review of proposed procurement actions, see 7 MLBS § 3 et seq. Violation of Orders or Opinions, see 24 MLBS § 1212. § 9. Powers and Duties of District Representatives. (a) The District Representatives shall have the following individual authority in the exercise of legislative powers of Band government: (1) to introduce into the Band Assembly appropriate bills promoting the general welfare of the people for enactment into the laws of the Band, (2) to establish district committees within their respective districts for the purpose of aiding them in the performance of their legislative duties, (3) to chair public hearings on any proposed law within their appropriate district, (4) to attend all sessions of the Band Assembly when called upon by the Speaker of the Assembly. The failure to attend any session of the Band Assembly shall require the official consent of the Band Assembly in order to consider said absence as excused, (5) to represent the community interests of the district from which the Representative was elected. The Representative shall exercise this duty fairly and impartially in order to promote the general welfare of all district residents, (6) to authorize the use of district community centers according to written standards that are fair and reasonable, (7) to comply with the provisions of the oath of office of a District Representative, (8) to refrain from the disclosure or distribution of any privileged or confidential information or documents that may come into their possession as a result of their office; and (9) to perform all legislative and other duties as may be assigned by the Speaker of the Assembly or the Band Assembly. 51 (b) No popularly elected District Representative to the Band Assembly shall exercise any of the authority properly belonging to either the Executive or Judicial branches of government or to any officer who is appointed to serve the Band. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 11. Band Ordinance 38-21. Band Act 79-22. Cross References Community centers, use, see Exec. Order 033. Division of powers, see 2 MLBS § 3. Functions of Governmental Authority, see 2 MLBS § 4. § 10. Parliamentarian and Clerk of the Band Assembly. The Band Assembly shall appoint an individual, not a member of the Band Assembly, who shall act as Parliamentarian and Clerk of the Band Assembly. The Parliamentarian shall be independent of any supervisory authority in the Band Assembly. All parliamentary decisions shall be rendered in an impartial manner. The Parliamentarian may be removed from office by unanimous vote of the Band Assembly in concurrence with the Speaker of the Assembly. Historical and Statutory Notes Source: Band Statute 1141-MLC-2 § 12. Band Ordinance 38-21. § 11. Record of Proceedings. It shall be the duty of the Clerk of the Band Assembly to record all official minutes of the proceedings of the Band Assembly. The Clerk of the Band Assembly shall add the meeting minutes to the next scheduled Band Assembly agenda for Band Assembly approval. The official record of the proceedings of the Band Assembly shall be prima facie evidence of the facts stated therein in the Court of Central Jurisdiction and any other court of competent jurisdiction. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 12.01. Band Ordinance 38-21. 52 § 12. Rules of Band Assembly. The Band Assembly shall establish the rules of its proceedings, decide upon its adjournment and discipline of its members through censure for improper conduct as a Band Assembly member or other disciplinary action, provided, however, that removal shall be governed by 3 MLBS § 28(a), but not twice for the same offense. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 13. Band Ordinance 38-21. § 13. Band Assembly Vacancies. Any vacancy in a popularly elected official position on the Band Assembly must be filled in accordance with the Election Ordinance most recently adopted by the Minnesota Chippewa Tribe. The Chief Executive shall not be a member of the Band Assembly. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 14. Band Act 79-22. § 14. Quorum. Any three (3) members shall constitute a quorum to transact business of the Band Assembly. The Speaker of the Assembly shall be considered as a member of the Band Assembly for the purpose of establishing a quorum. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 14.01. § 15. Roll Call Vote. In all votes of the Band Assembly, a roll call vote may be utilized upon the request of any Representative and their roll call vote shall be entered for the record. Otherwise, all other votes may be consensual. Historical and Statutory Notes 53 Source: Band Statute 1141-MLC-2, § 15. § 16. Compensation. The compensation for members of the Band Assembly shall be prescribed by Band law, provided that sufficient funds are available for said compensation. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 16. Band Act 79-22. § 17. Passage of Laws. (a) The Band Assembly shall conduct formal public hearings on any bill which alters, amends, or repeals Titles 1, 3, 4 and 5, Chapter 1 of Title 2, and Subchapters 1 to 3 of Chapter 3 of Title 24. The Band Assembly may conduct formal public hearings on any or all other bills at their discretion. Formal public hearings shall be held in all appropriate districts of the Band’s Reservation, or alternatively by live-stream or other similar media broadcast, prior to the time that the Band Assembly seeks to formally act upon said bill. Additionally, each bill shall be posted on the Tribal Register for ten (10) calendar days after said bill has been introduced at a formal public hearing and must be available at all times upon request by any enrolled Band member. This provision shall not apply to any bill on which no formal public hearing has been held. (b) A majority vote of the three (3) District Representatives shall be required for the passage of each bill. (c) After the formal action of the Band Assembly, no later than 72 hours after said action, each bill shall be presented to the Chief Executive, who shall have five (5) business days from the date of receipt to either sign the bill into law or veto the bill and return it to the Band Assembly with a written veto message containing the objections to the bill. In the event the Chief Executive neither signs the bill nor vetoes it, it shall become law without the Chief Executive’s signature after the expiration of five (5) business days from date of receipt of the bill. (d) The Clerk of the Band Assembly shall certify the date and time that each bill has been presented to the Chief Executive for action. This date shall be utilized to determine the appropriate five (5) business day time period found in subsection (c). (e) Any bill which has been vetoed and returned by the Chief Executive shall have a compromise hearing within five (5) calendar days of the return. Failure of the Band 54 Assembly to act within the five (5) calendar days shall halt further action on said bill for 180 calendar days. Should the Band Assembly hold a compromise hearing with the Chief Executive within the allocated time, 20 calendar days shall be available to negotiate an agreement for the bill's passage into law. Should an agreement not be concluded within the allotted time, further action on the bill is precluded for 180 calendar days from said date. Appropriation bills shall be excluded from the above time schedule. (f) An appropriation bill which has been returned by the Chief Executive shall have a compromise hearing within three (3) calendar days of the return to the Band Assembly. Negotiations shall commence with the Chief Executive on the fourth calendar day thereafter and shall continue until a compromise has been achieved. During this time the Band Assembly shall be precluded from adjourning. (g) A veto by the Chief Executive is a total veto of the entire bill. Sectional vetoes shall be prohibited pursuant to the provisions of this section. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 17. Band Ordinance 38-21. Band Act 79-22. Cross References Approval of laws by Tribal Executive Committee, see Const. Art. 15, § 3. Chief Executive's powers and duties, see 4 MLBS § 6. Great Lakes Indian Fish and Wildlife Compact withdrawal, see 2 MLBS § 1157. Land consolidation, applicability of federal law and regulations, see 21 MLBS § 104. Review of laws by Secretary of Interior, see Const. Art. 15, § 2. Violation of approved Tribal Ordinance, see 24 MLBS § 1211. § 18. Legislative Sessions. The Speaker of the Assembly shall convene two (2) legislative sessions per year. The first shall begin at the annual State of the Band Address on the second Tuesday of January of each calendar year running through the last week of April. The second shall begin the second week of July of each calendar year running through September 30. Historical and Statutory Notes Source: Band Ordinance 02-22. Band Act 79-22. 55 § 19. Special Sessions. (a) The Band Assembly shall meet for a special session when called on pursuant to 3 MLBS § 7. The Speaker of the Assembly may call a special session in exigent circumstances. Special sessions may be requested for exigent circumstances that require Band Assembly action. (b) The Parliamentarian shall not accept any agenda items that he or she has not received two (2) complete calendar days in advance of the upcoming special session. The Parliamentarian shall publish the agenda for any upcoming special session no later than 24 hours in advance. Historical and Statutory Notes Source: Band Ordinance 02-22. Band Act 79-22. § 20. Annulment of Commissioner's Orders and Opinions of Solicitor General. The Band Assembly shall have five (5) calendar days from the date of receipt of such order or opinion to submit notice of its intent to annul any Commissioner's Order or the Opinion of the Solicitor General. Said notice shall be directed to the attention of the Chief Executive and the appropriate Commissioner or Solicitor General. Within ten (10) calendar days thereafter, the Band Assembly shall hold a hearing on the proposed annulment of the Commissioner's Order or the Opinion of the Solicitor General. At such hearing, the appropriate Commissioner or the Solicitor General shall appear before the Band Assembly to justify the particular Commissioner's Order or Opinion of the Solicitor General. The Band Assembly, within five (5) calendar days after said hearing, may act to either accept the said Commissioner's Order or Opinion of the Solicitor General or act to annul, in whole or in part, the particular Commissioner's Order or Opinion of the Solicitor General. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 19. Band Ordinance 38-21. Band Act 79-22. Cross References Commissioner of Corporate Affairs, Commissioner's Orders, see 16 MLBS § 6. Commissioner's Orders, see 4 MLBS § 7. Opinions of Solicitor General, see 4 MLBS § 18. 56 § 21. Appropriation Bills. Should the Band Assembly fail to pass an appropriation bill before the start of the Band's biennium or should said bill be vetoed by the Chief Executive, all fiscal operations of the Band shall cease as of midnight of the last day of the biennium, unless the Band Assembly adopts a continuing resolution prior to such time. Historical and Statutory Notes Source: Band Ordinance 23-99, §§ 2, 3. Cross References Preparation and submission of budget requests, see 4 MLBS § 3. § 22. Fiscal Year. The fiscal year of the Band shall be October 1 through September 30 of each calendar year. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 20.01. Band Ordinance 38-21. Band Act 79-22. § 23. Petitions by Band Members. The Band Assembly shall pass no law or Legislative Order which abridges the rights of the membership to petition the Band Assembly on matters of the Band government. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 21. § 24. Legislative Privilege. No member of the Band Assembly shall be subject to suit or criminal prosecution brought against her or him for acts performed and remarks made in any session of the Band Assembly. This shall not, however, preclude judicial review, in a proper case, of the constitutionality or legality of acts and decisions taken by the Band Assembly. 57 Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 22. Band Act 79-22. § 25. Assembly Powers of Inquiry. (a) The Band Assembly shall have the power to hold hearings of inquiry on any issue affecting the general welfare of the Band or its members. Said power shall include the power to issue subpoenas and cause them to be served and enforced, and the power to impound records or documents that will aid the Band Assembly in fulfilling its responsibility to the members of the Band. (b) All official hearings of inquiry of the Band Assembly shall be held according to rules adopted by the Band Assembly. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 23. Band Ordinance 38-21. Band Ordinance 02-22. Band Act 79-22. § 26. Multi-Topic Bills. The Band Assembly may pass any bill with many topics and shall not be limited to one (1) topic for any one (1) bill. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 24. Band Ordinance 38-21. § 27. Joint Session of Band Assembly. (a) The Joint Session of the Band Assembly may be convened for the purpose of considering removal of members and officers as prescribed in Article X of the Constitution of the Minnesota Chippewa Tribe. Vacancies on the Band Assembly shall be filled by appointment of the Joint Session of the Band Assembly. Appointees shall serve until the next election prescribed by the Election Ordinance most recently adopted by the Minnesota Chippewa Tribe. The Joint Session of the Band Assembly 58 may be convened only by the Speaker of the Assembly. In the event that the Speaker of the Assembly shall refuse to convene the Joint Session of the Band Assembly, under extraordinary circumstances, the remaining four (4) members of the Joint Session of the Band Assembly may convene said session by presenting to the Speaker of the Assembly a notice of intent to hold said meeting and describing the time and place for said meeting. (b) The membership of the Joint Session of the Band Assembly shall be the Speaker of the Assembly, who shall preside, the District I Representative, the District II Representative, the District III Representative, and the Chief Executive. (c) Except as specifically authorized by any provision of the Constitution of the Minnesota Chippewa Tribe, the Joint Session of the Band Assembly shall take no action which serves to undermine or encroaches upon the distribution of the authority of the Band as found in Titles 1 to 5. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 25. Band Ordinance 38-21. Band Act 79-22. Cross References Division of powers, see 2 MLBS § 3. Functions of governmental authority, see 2 MLBS § 4. Powers and duties of Chief Executive, see 4 MLBS § 6. § 28. Removal of Elected Officials or Appointees. (a) The Joint Session of the Band Assembly shall have powers of impeachment over popularly elected officials of the Band, as well as appointees of the Chief Executive as stated and defined in Title 4. The cause of removal shall be as found in Article X, Section 2, of the Constitution of the Minnesota Chippewa Tribe. All removal proceedings of the Joint Session of the Band Assembly shall be made in concert with the provisions of Article X, Section 3 of the Constitution of the Minnesota Chippewa Tribe. (b) On matters of removal, the Speaker of the Assembly shall have one (1) vote and the Chief Executive shall have one (1) vote. A two-thirds majority vote of the Joint Session of the Band Assembly shall be required to remove any popularly elected officer of the Band. 59 (c) No popularly elected official of the Joint Session of the Band Assembly shall vote on any issue related to removal of said officer in which that officer is the topic of the removal proceedings. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 26. Band Ordinance 38-21. Band Act 79-22. Cross References Commissioner for corporate Affairs, removal from office, see 16 MLBS § 3. Consolidated Nay-Ah-Shing School Board, removal from office, see 9 MLBS § 6. Court of Appeals Justices, removal for cause, see 5 MLBS §§ 5, 11. District Court Judge, removal for cause, see 5 MLBS §§ 7, 10, 11. Recall of appointed officials, see 4 MLBS § 15. § 29. Elections. The Joint Session of the Band Assembly shall have the power to call an election at any time; however, elections established under Article IV, Section 1 of the Constitution and By-Laws of the Minnesota Chippewa Tribe shall be held when directed by the two-thirds majority vote of the Tribal Executive Committee of the Minnesota Chippewa Tribe. Upon the official action of the Joint Session of the Band Assembly or the Tribal Executive Committee, the Chief Executive shall cause to have prepared and distributed an official Writ of Election. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 27. § 30. Legislative Orders. (a) The Band Assembly may issue Legislative Orders on any subject matter within the Legislative Branch of government pursuant to authority conferred by this Title and the Constitution of the Minnesota Chippewa Tribe. Any said Legislative Order shall be authorized by a majority vote of the members of the Band Assembly. All members of the Band Assembly, as well as the Speaker of the Assembly, shall affix their signatures to each Legislative Order; however, the failure of one (1) or two (2) members of the Band Assembly to countersign any Legislative Order shall not invalidate the Order, provided it was passed by a majority vote of the Band Assembly in accordance with its rules of procedure. 60 (b) All said Legislative Orders shall be consecutively numbered and have the official seal of the Band affixed thereto. (c) The Clerk of the Band Assembly shall be responsible for safe keeping of original copies of all Legislative Orders. All Legislative Orders shall have the full force of law of the Band until amended or repealed. The Clerk of the Band Assembly shall produce and distribute all Legislative Orders within 24 hours after formal enactment of the Band Assembly. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 28. Band Ordinance 38-21. Band Ordinance 40-22. Band Act 79-22. § 31. Style of Laws. The style of laws of the Band shall be: "Be it enacted by the Band Assembly of the NonRemovable Mille Lacs Band of Ojibwe." No laws shall be enacted except by bill. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 29. Band Ordinance 38-21. Band Act 79-22. § 32. Effective Date for Bills, Orders, and Resolutions. (a) If a bill does not have an effective date, the effective date shall be immediately upon a majority vote of the Band Assembly and either the signature of the Chief Executive or the absence of action by the Chief Executive as prescribed in § 17(c). (b) If a Legislative Order does not have an effective date, the effective date shall be immediately upon a majority vote of the Band Assembly. (c) If a Secretarial Order does not have an effective date, the effective date shall be immediately upon the signature of the Secretary-Treasurer. (d) If a resolution does not have an effective date, the effective date shall be immediately upon the signature of the Speaker of the Assembly. Historical and Statutory Notes 61 Source: Band Ordinance 38-21. Band Ordinance 02-22. § 33. Interpretation of Title. Should there be any doubt as to the proper interpretation of any part of this Title, or of 2 MLBS Chapter 1, the Speaker of the Assembly or the Band Assembly as an entity may submit such question to the Solicitor General, who shall give a written Opinion thereon, and such Opinion shall be binding unless annulled in whole or in part, by the Court of Central Jurisdiction, or amended by the Band Assembly pursuant to the enactment of the law. The exterior legal counsel of the Band shall, on request, assist the Solicitor General in the proper interpretation of this or any other Band statute upon official request of the Band Assembly. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 32. Band Ordinance 38-21. Band Act 79-22. Cross References Legal counsel, see 4 MLBS § 16. § 34. Construction of Title. The Solicitor General, the exterior legal counsel, and the Court of Central Jurisdiction, whichever is applicable, shall liberally construe the provisions of this Title, or of 2 MLBS Chapter 1, so as to provide for the full force and effect of the purposes therein stated. Historical and Statutory Notes Source: Band Statute 1141-MLC-2, § 33. Band Act 79-22. 62 TITLE 4 – EXECUTIVE BRANCH Section 1. Definitions. 2. Executive Political Authority. 3. Powers and Duties of the Executive Branch. 4. Executive Officers. 5. Terms of Office. 6. Powers and Duties of Chief Executive. 7. Powers and Duties of Executive Officers. 8. Creation, Powers and Duties of Administration Policy Board. 9. Membership and Meetings of Administration Policy Board. 10. Powers and Duties of Commissioner of Administration. 11. Executive Committees. 12. Executive Hearings. 13. Procedures for Conduct of Hearings of Inquiry. 14. Decisions or Orders After Hearings of Inquiry. 15. Recall of Appointed Officials. 16. Legal Counsel. 17. Appointment of Solicitor General. 18. Duties of Solicitor General. 19. Legal Standards of Office of Solicitor General. 20. Legal Responsibilities of Solicitor General in Capacity of Prosecutor. 21. Immunity of Solicitor General. 22. Office Commissions. 23. Letters of Credence. 24. Executive Privilege and Immunity. 25. Interpretation of Title. 26. Construction of Title. Historical and Statutory Notes The Preamble of Band Statute 1142-MLC-3 provides: "WHEREAS, in 1981 the Non-Removable Mille Lacs Band of Chippewa Indians, in a historic step, adopted a form of government based on the principal of division of powers, and, "WHEREAS, that form of government has proven to be highly satisfactory, but experience with the large body of law which was necessary to establish the system has revealed a number of flaws and ambiguities and, "WHEREAS, The Band Assembly has determined to improve Band government of adopting an entire Code of government, revising and replacing the former Code, NOW THEREFORE, IT IS ENACTED BY THE BAND ASSEMBLY:" 63 Band Statute 1142-MLC-3, §§ I and 2 provide: "Section 1. Purpose. The purpose of this act is to promote the general welfare of the Non-Removable Mille Lacs Bands of Chippewa Indians and its members by establishing duties, purposes and procedures for the conduct of domestic and external affairs of the Band by a form of government based upon the principle of division of powers. This statute is enacted by the authority vested in the Mille Lacs Reservation Business Committee under Article VI, Section 1 of the Constitution of the Minnesota Chippewa Tribe. "Section 2. Scope of Amending Provision. The provision of Band Statutes 1001-MLC-1, 1008-MLC-1, 1032-MLC-1, 1033-MLC-1, 1039-MLC-1 are hereby repealed in their entirety and replaced by the provisions of this act, except that: "Section 2.01. The provisions of Band Statute 1032-MLC-1, Section 28, relating to the authorities of the Commissioner of Corporate Affairs shall be transferred and hereinafter referenced by Band Statute 1077MLC-16, Section 5. "Section 2.02. The provisions of Band Statute 1032-MLC-1, Section 29, relating to the authorities of the Commissioner of Natural Resources shall be transferred and hereinafter referenced by Band St [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aminn_chippewa_mille_lacs%3A66164a90d1405e55. Public record. Not legal advice.