# The Legislative Branch is pleased to provide an updated publication of the Laws of the NonRemovable Mille Lacs Band of Chippewa Indians. These statutes belong to the People and are (2020)

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

Laws of the
Non-Removable

Mille Lacs Band of
Chippewa Indians

1

Foreword
The Legislative Branch is pleased to provide an updated publication of the Laws of the NonRemovable Mille Lacs Band of Chippewa Indians. These statutes belong to the People and are
the result of many years of hard work by dedicated individuals in collaboration with elected
leaders. The lawmaking process is one of negotiation, review, rewrites, deliberation, and, yes,
politics. But these statutes lay the foundation to govern independently and promote our
sovereignty as a People.
The Legislative Branch is taking on the task of regular publication of statutes, routine
notification to Band membership, and the creation of a Revisor’s Office. Since the most recent
publication of Band Statutes in 2006, one title has been repealed (Title 25), two titles have been
adopted (Titles 26 and 27), and several titles have been amended by way of ordinance. Thus,
Band Statutes are fluid in nature and will need constant review by Band members and elected
leaders.
According to 4 MLBS § 18(e), only the Band’s Solicitor General may “certify to the ordinances
of Band government and codify said ordinances into Band Statutes.” The Solicitor General has
recently issued Certificates of Correctness for Titles 5, 6, 16, 18, 24, 26, and 27. As of
November 9, 2020, the titles contained herein are the most current versions known to the
Legislative Branch. As more laws are passed and Certificates of Correctness are issued, official
titles will be uploaded to the Band’s website.
We all have a duty to read and know these words, to disagree and second-guess, to recognize and
abide by, to make ongoing changes, and to propose the creation of entirely new bodies of law to
meet the times we live in. Thank you to all Legislative staff, past and present, who have been
instrumental in the exercise of our tribal sovereignty. But the ultimate thank you is to the People
of the Band from whom the Legislative Branch derives its power. We must never forget that the
inherent power to make law comes only from the People.

Miigwech,

Sheldon Boyd
Speaker of the Assembly
November 9, 2020

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Table of Contents
TITLE 1 - CIVIL RIGHTS CODE ............................................................................................. 5
TITLE 2 - BAND GOVERNMENTAL POWER AND SOVEREIGNTY ............................ 11
TITLE 3 - LEGISLATIVE BRANCH ...................................................................................... 49
TITLE 4 - EXECUTIVE BRANCH .......................................................................................... 66
TITLE 5 - JUDICIAL BRANCH .............................................................................................. 86
TITLE 6 - GOVERNMENT EMPLOYEES .......................................................................... 106
TITLE 7 – PROCUREMENT.................................................................................................. 140
TITLE 8 - CHILDREN AND FAMILIES .............................................................................. 165
TITLE 9 - EDUCATION.......................................................................................................... 388
TITLE 10 - CULTURAL RESOURCES ................................................................................ 401
TITLE 11 - ENVIRONMENT, NATURAL RESOURCES, ANIMALS AND
PLANTS ................................................................................................................ 443
TITLE 12 - HOUSING ............................................................................................................. 683
TITLE 13 - UTILITIES ........................................................................................................... 705
TITLE 14 - CAPITAL IMPROVEMENTS ........................................................................... 733
TITLE 15 – GAMING REGULATORY ACT ....................................................................... 741
TITLE 16 - CORPORATIONS ............................................................................................... 794
TITLE 17 – BANKS AND BANKING .................................................................................... 832
TITLE 18 - COMMERCIAL PRACTICES ........................................................................... 838
TITLE 19 - MOTOR VEHICLES ........................................................................................... 902
TITLE 20 - WATERCRAFT ................................................................................................... 956
TITLE 21 – REAL AND PERSONAL PROPERTY ............................................................. 981
TITLE 22 - TAXATION ........................................................................................................ 1031
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TITLE 23 - PROHIBITED DRUGS ..................................................................................... 1077
TITLE 24 - JUDICIAL PROCEEDINGS ............................................................................ 1082
TITLE 25 – [REPEALED] ..................................................................................................... 1208
TITLE 26 – COMPENSATION OF ELECTED OFFICIALS ........................................... 1208
TITLE 27 – EMERGENCY MANAGEMENT .................................................................... 1215

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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 for Cultural Values.
14. Fundamental Principles.
15. Compensation for Unlawful Taking of Band Lands.
Historical and Statutory Notes
The Preamble of Band Statute 1140-MLC-1 provides: “It is enacted by the Band Assembly of the Mille
Lacs Band of Chippewa Indians for the purpose of establishing basic human rights under law for the
Band and all persons under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa
Indians.”
The Preamble of Ordinance 21-10, entitled “An ordinance amending 1 MLBSA sec. 1 to exclude all
Tribal political campaign activity in all government building and government owned businesses,”
provides: “It is enacted by the Band Assembly of the Mille Lacs Band of Ojibwe for the purpose of
amending Section 1 of Title 1 of the Mille Lacs Band Statutes Annotated to exclude political campaign
activity in all government buildings and government owned businesses.”
Cross References
Band employees, civil rights, see 6 MLBS § 7.
Criminal procedure, rights of defendant, see 24 MLBS § 4004.
Juvenile delinquency, rights of accused, see 24 MLBS § 4302. Rights of members,
see Const. Art. 13.

§ 1. Freedom of Religion, Speech and Press; Right to Assemble and Petition.
(a)

The Band Assembly for the Non-Removable Mille Lacs Band of Chippewa Indians
in exercising the powers of self-government shall make no law which prohibits the

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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 Chippewa Indians
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 § 24.

§ 2. Searches and Seizures.
All persons within the territories under the jurisdiction of the Non-Removable Mille Lacs Band
of Chippewa Indians 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 justice of the Court
of Central Jurisdiction and shall be founded upon probable cause supported by oath or
affirmation, 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.
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.

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§ 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 Chippewa Indians.
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 himself.
Historical and Statutory Notes
Source:
Band Statute 1140-MLC-l, § 4.
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 Chippewa Indians 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
Chippewa Indians 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 his or her favor, and at his or her own expense, to
have the assistance of counsel for his or her defense.
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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 and for the Non-Removable Mille Lacs Bands of Chippewa
Indians, in the exercise of judicial authority, shall issue no order which establishes excessive
bail, imposes excessive fines, inflicts cruel and unusual punishments and in no event imposes for
conviction of any one offense any penalty or punishment greater than imprisonment for a term
of one year or 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 Bands of
Chippewa Indians 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.
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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 in and for the Non-Removable Mille Lacs Band of Chippewa Indians, shall
pass no bill of attainder or approve any ex post facto law, or any law impairing the obligations of
contracts. A bill of attainder is a law which imposes non-judicial punishment on a specifically
identified individual without affording him or her a judicial trial.
Historical and Statutory Notes
Source:
Band Statute 1140-MLC-1, § 9.

§ 10. Rights to Trial by Jury.
All persons accused of an offense within the territorial jurisdiction of the Non-Removable Mille
Lacs Band of Chippewa Indians which is punishable by imprisonment of not more than one
year, shall have the right, upon request, to a trial by jury of not less than six 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 or 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 Chippewa Indians.

9

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 for Cultural Values.
The Band Assembly for the Non-Removable Mille Lacs Band of Chippewa Indians 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.
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 and
individual freedoms and the continued peace and friendship between the Non-Removable Mille
Lacs Band of Chippewa Indians 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.

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§ 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 of unlawful taking.
Historical and Statutory Notes
Source:
Band Statute 1140-MLC-1, § 14.

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 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. Band Statutes
1001-MLC-l, 1002-MLC-02, 1008-MLC-1, 1011-MLC-5, 1024-MLC-3, 1032-MLC-l, 1033-MLC-l,
11

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.”
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.
Historical and Statutory Notes
The Title of Band Ordinance 40-03 is “An Ordinance to Increase the Geographic Jurisdiction for Housing
Renovation Services.”

12

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.”
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.”
The Title of Band Ordinance 11-04 is “An Ordinance to Increase the Geographical Jurisdiction for
administering Temporary Assistance to Needy Families (TANF).”
The Preamble of Band Ordinance 11-04 provides: “It is enacted by the Band Assembly of the NonRemovable Mille Lacs Band of Ojibwe to increase the Geographical Jurisdiction for administering
TANF.”
Section 1 of Band Ordinance 11-04 provides: “Title 2 Mille Lacs Band Statutes Annotated section 10 is
amended as follows in section 2.”
Cross References
Construction and interpretation of this Chapter and Title 3, see 3 MLBS §§ 29, 30.

§ 1. Derivation of Powers.
All political powers of the Non-Removable Mille Lacs Bands of Chippewa Indians derive from
the aboriginal rights of the Band comprised of the Non-Removable Sandy Lake Band of
Chippewa Indians, the Rice Lake Band of Chippewa Indians, Snake River Chippewa Indians and
the Kettle River Band of Chippewa Indians, 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.

Cross References
Protection for cultural values, see 1 MLBS § 13.

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
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 § 8.
Joint Session of the Band Assembly, see 3 MLBS § 24.
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 functions. The three functions of our
Band government shall be executive, legislative and judicial.
Historical and Statutory Notes
Source:
Band Statute 1142-MLC-2, § 4.
Cross References
Executive political authority, see 4 MLBS § 2.
Joint Session of the Band Assembly, see 3 MLBS § 24.
Judicial authority, see 5 MLBS § 101
Legislative political authority, see 3 MLBS § 1.
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§ 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 Bands of Chippewa Indians.
Except as specifically authorized by Band Statute, the Non-Removable Mille Lacs
Bands of Chippewa Indians 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 Bands of Chippewa Indians 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 Chippewa Indians, 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 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 Chippewa Indians 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 Chippewa Indians shall be affixed
to all official documents of the Executive and Legislative Branches of government for the NonRemovable Mille Lacs Bands of Chippewa Indians. 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.
Historical and Statutory Notes
Source:
Band Statute 1142-MLC-2, § 35.

15

§ 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 Chippewa Indians 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 Chippewa Indians, and I will protect the rights of Band members and others under
the jurisdiction of the Non-Removable Mille Lacs Bands of Chippewa Indians, 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 § 15.

9. Code of Ethics.
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 Bands of Chippewa Indians.
Historical and Statutory Notes
Source:
Band Statute 1142-MLC-2, § 18.
16

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
thirty-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 within fifty (50) 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 Bands of Chippewa Indians shall be known as Nay-ahShing. 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.

(b)

District II of the Mille Lacs Bands of Chippewa Indians shall be known as Ga-me-tawa-ga-gi-mog, (Sandy Lake) and be comprised of the following geographical
locations: Mi-ni-si-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.

17

(c)

District III of the Mille Lacs Bands of Chippewa Indians shall be known as Ah-shomoog, (Lake Lena) and be comprised of the following geographical locations: Ne-shigwa-go-gog, (Pine City), A-sin-ni-ga-ning, (Sandstone), and Ga-shi-gwa-na-bi-gogog, (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 § 1.
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

SUBCHAPTER 1
GENERAL PROVISIONS
Section
1001. Policy.
1002. Supreme Law.
1003. Legal and Moral Obligation of United States.
18

1004.
1005.
1006.
1007.
1008.

Cultural Importance of Usufructuary Rights.
Conservation.
Recognition by United States Courts.
Authorization.
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 Chippewa Indians 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 Chippewa Indians 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 Chippewa Indians to
aggressively assert all rights, privileges and responsibilities contained in all provisions of said
Treaty without infringement by any other government.
Historical and Statutory Notes
Source:
Band Statute 1056-MLC-24, § 1.

§ 1002. Supreme Law.
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.

19

§ 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
Chippewa Indians 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 Chippewa Indians
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 Chippewa
Indians that the exercise of this treaty right shall be in accordance with culturally established
principles of conservation.
Historical and Statutory Notes

Source:
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.
20

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 twenty and thirty miles above where the Mississippi is crossed by the forty-sixth
parallel of north latitude, and running thence to the north point of Lake St. Croix, one 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, twenty miles below the outlet of Lake
De Flambeau; thence to the junction of the Wisconsin and Pelican rivers' thence on an east
course twenty-five 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 days 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.

§ 1008. Exterior Legal Counsel.
The Band Attorneys are hereby authorized and directed to assist the Solicitor General of the
Mille Lacs Band of Chippewa Indians in the legal implementation of this chapter.
Historical and Statutory Notes
Source: Band Statute 1056-MLC-24, § 6.

21

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.
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.

22

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
Chippewa Indians 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
Chippewa Indians in any state or federal court of competent jurisdiction.
Historical and Statutory Notes
Source:
Band Statute l092-MLC-25, § 6.
Cross References
Subject matter jurisdiction, Court of Central Jurisdiction, see 5 MLBS § 111.

23

§ 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 Chippewa Indians 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
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 his
24

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 Chippewa Indians
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 Chippewa Indians.
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.
(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
25

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 Chippewa Indians 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 Chippewa Indians 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 Chippewa Indians. 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 Chippewa
Indians, 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
Chippewa Indians.
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.

§ 1152. Constitution of Great Lakes Indian Fish and Wildlife Commission.
(a)

Entered into by and between the following Bands of Chippewa Indians:
(1)

Keweenaw Bay
26

(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

(11)

Non-Removable Mille Lacs Band

(b)
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
The name of this organization shall be the GREAT LAKES INDIAN FISH AND WILDLIFE
COMMISSION.
ARTICLE II PURPOSE
1. 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
27

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.
2. The purpose of this organization are exclusively charitable and educational and shall be:
A. 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.
B. 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.
C. To direct the administration of federal programs, funds and efforts in order to aid and
assist the federally recognized members of this organization.
D. 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.
E. 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.
F. To improve the general welfare of Indian people in the Great Lakes through
educational, charitable, and fish and wildlife related activities.
G. 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
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;
28

B. Is organized and operating under a constitution and by-laws; and who;
C. Ratifies this constitution and bylaws of appropriate tribal resolution.
ARTICLE IV GOVERNING BODY
1. The governing body shall be the Commission. The Commission shall consist of the tribal
Chairpersons from each member tribe.
2. Two 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.
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.
4. A special meeting of the Commission can be called by the Chairman at the request of any
Commission member.
ARTICLE V OFFICERS
1. The officers of the Commission shall be the Chairman, Vice Chairman and Secretary, and
shall be elected by the members of the Commission.
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
1. If a Commission officer shall die, resign, permanently leave the state or tribe which
she/he 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
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 him by the Commission and
shall have all authority to sign all documents for the Commission. She/he shall vote in all
matters for his respective tribe.

29

2. The Vice-Chairman shall assist the Chairman when called upon to do so in the absence of
the Chairman, she/he shall preside. While presiding, she/he shall have all the rights,
privileges, and duties as well as the responsibilities of the Chairman.
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.
4. The Executive Administrator shall be appointed by the Commission.
ARTICLE VIII MEETINGS
1.
a. The conduct and procedure of the meetings may be further defined by the
appropriate resolution of the Commission.
b. A quorum shall consist of a majority of the Commission membership.
ARTICLE IX OWERS OF THE COMMISSION
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.
c. To coordinate committee budgets and the work of the committees.
d. To administer the provision of technical services to the committees and the member
tribes.
e. 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.
f. To render any assistance within the authority of the Commission to any tribe
requesting such assistance.
g. As a non-profit organization to accept funds from state, federal, private foundations
or other sources for operations.
h. To provide public information.
2. Any and all rights vested in members’ tribes shall not be abridged by this Constitution.
30

3. The Commission shall interpret any and all ambiguous words and phrases found within
this Constitution.
ARTICLE X POWERS OF THE COMMITTEES
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.
b. To formulate a broad natural resource management program for those matters of
concern to the committee.
c. To carry out any other powers provided in Charter.
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 Chippewa Indians.
(a)

Entered into by and between the Non-Removable Mille Lacs Band of
Chippewa Indians 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 CHIPPEWA INDIANS
HEREBY SOLEMNLY AGREES TO:
GREAT LAKES INDIAN FISH AND WILDLIFE COMPACT

31

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 are, through means of joint or cooperative action:
1. 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).
2. 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.
3. To make it possible for Reservations within the Treaty and their members to derive the
maximum benefit from the utilization of these resources.
4. 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 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 of the parties of this Compact.
32

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 bylaws provided for the execution and acknowledgment of all instruments in its behalf.
B. The Commission shall be composed of one 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 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.
D. The commissioners of any two 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, vice-chairman
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.

33

I. The Commission may establish and maintain one 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.
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.

34

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.
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.

35

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.
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 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,
36

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
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. Develop the capabilities of its members’ tribes to regulate their use of natural resources.
2. Develop biological expertise in inland fish, wildlife, and plant species, communities, and
ecosystems.
3. Develop resource management plans.
4. Assist tribes to develop resource regulations suitable for tribal adoption and adequate to
protect the environment.
5. Develop law enforcement capabilities adequate to insure compliance with resource
regulations.
6. Assist tribes in the development of judicial systems adequate to adjudicate cases arising
under tribal resource regulations.

37

7. 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 1837 and 1842.
8. 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.
9. 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) Is a member of the Great Lakes Indian Fish and Wildlife Commission; and
(b) Is a signatory or successor thereto to either the 1837 or 1842 Treaties; and
(c) Has a reservation within the territories ceded by the 1837 and 1842 Treaties; and
(d) Has by resolution adopted this Charter.
ARTICLE IV-TRANSACTING BUSINESS
Section 1. Representatives. Each member tribe may appoint one representative to the committee
and one 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
absence of the chairman, the vice chairman, or in any event by any three 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 vote.
Section 5. Quorum. A majority of the member tribes shall constitute a quorum.
ARTICLE V-OFFICERS

38

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 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 his or her 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 insure 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)

To undertake any programs consistent with the purposes as defined in Article II.

(2)

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.

(3)

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.

(4)

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.
39

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 Chippewa Indians by executing the
final draft thereof in his own name as Commissioner for and on behalf of the Non-Removable
Mille Lacs Band of Chippewa Indians and affixing the Seal of the Non-Removable Mille Lacs
Band of Chippewa Indians.
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 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 Chippewa Indians 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.
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,
40

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 CompactConstitution or any part thereof shall be held contrary to the laws of any party Band, this
Compact-Constitution 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 Chippewa Indians
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:
Band Statute 1092-MLC-25, § 13.

CHAPTER 3
INTERGOVERNMENTAL RELATIONS
Section
2001. Minnesota State Intertribal Affairs Council.

41

§ 2001. Minnesota State Intertribal Affairs Council.
Pursuant to Minnesota Statutes-Chapter 3, Section 922, the Non-Removable Mille Lacs Band of
Chippewa Indians 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 Chippewa Indians 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 Chippewa Indians, 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.
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.
42

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 Chippewa Indians has the authority to exclude
certain persons from territories under the jurisdiction of the Non-Removable Mille
Lacs Band of Chippewa Indians 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 Chippewa Indians, 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 Chippewa Indians.
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
Chippewa Indians, a federally recognized Indian Tribe.

(c)

"Court" means the Court of Central Jurisdiction for each constituent Band of the
Non-Removable Mille Lacs Band of Chippewa Indians.

(d)

"Constituent Bands" means the Non-Removable Sandy Lake Band of Chippewa
Indians, the Snake River Band of Chippewa Indians, the Rice Lake Band of
Chippewa Indians, the Lake Lena (Knife River) Band of Chippewa Indians, and the
Non-Removable Mille Lacs Band of Chippewa Indians.

(e)

"District Court" means the District Division of the Court of Central Jurisdiction of
the Non-Removable Mille Lacs Band of Chippewa Indians.

43

(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 Chippewa Indians, 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 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.

(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 Chippewa Indians.

(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 of the following acts for the purpose
of hindering the apprehension, prosecution, conviction or punishment of a person
44

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 Chippewa Indians 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.

(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 Chippewa Indians.

(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 his labor or service of any nature.

(m)

Unauthorized taking of any property from lands under the jurisdiction of NonRemovable Mille Lacs Band of Chippewa Indians.

45

(n)

Entering land under the jurisdiction of any constituent Band of the Non-Removable
Mille Lacs Band of Chippewa Indians for the purpose of evicting of a Band member
or the removal of any real or personal property of a Band member without his/her
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.
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 should not be excluded from said land. The hearing shall be held not less than three days
after the time of service or mailing.
Historical and Statutory Notes
Source:
Band Statute 1069-MLC-7, § 5.

46

§ 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 Chippewa Indians. 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 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 him excluded from all or any portion of said lands, or may
permit 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.

§ 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 his removal from said land at the nonmember's expense, or the prevention of his entry into lands under the jurisdiction of the NonRemovable Mille Lacs Band of Chippewa Indians, and may refer the matter to the United States
Attorney for prosecution under any applicable federal statute.

47

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 Chippewa Indians. In the event that removal is ordered, the law enforcement officer
executing the Writ shall use only so much force as is necessary to effect 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 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 his presence on said land unless the Writ specifically
provides otherwise. In all other respects, the provisions of 2 MLBS §§ 3007 to 3009 shall be
applicable to a person excluded from land under the jurisdiction of the Non-Removable Mille
Lacs Band of Chippewa Indians under an Emergency Writ of Exclusion.
Historical and Statutory Notes
Source:
Band Statute 1069-MLC-7 § 10.

48

§ 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 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.

TITLE 3 - LEGISLATIVE BRANCH
Section
1. Band Assembly.
2. Legislative Power.
3. Initiative and Referendum.
4. Band Assembly Members.
5. Terms of Office.
6. Powers and Duties of Speaker of Assembly.
7. Powers and Duties of the Secretary-Treasurer.
49

8. Powers and Duties of District Representatives.
9. Parliamentarian/Clerk of the Band Assembly.
10. Record of Proceedings.
11. Rules of Band Assembly.
12. Membership of Band Assembly.
13. Quorum.
14. Roll Call Vote.
15. Compensation.
16. Passage of Laws.
17. Annulment of Commissioner's Orders and Opinions of Solicitor General.
18. Appropriation Bills Prior to End of Fiscal Year.
19. Fiscal Year.
20. Petitions of Members of Band.
21. Legislative Privilege.
22. Assembly Powers of Inquiry.
23. Multi-Topic Bills.
24. Joint Session of Band Assembly.
25. Removal of Elected Officials or Appointees.
26. Elections.
27. Legislative Orders.
28. Style of Laws.
29. Interpretation of Title.
30. Construction of Title.
Historical and Statutory Notes
Band Statute 1142-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 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. Band Statutes 1001-MLC-1, 1002-MLC-02,
1008-MLC-1, 1011-MLC-5, 1024-MLC-3, 1032-MLC-1, 1033-MLC-1, 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-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 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 23-99 is “An Ordinance amending the budgeting period of the Mille Lacs
Band of Ojibwe and repealing and replacing 4 MLBS §3(d), 4 MLBS §10(e), 3 MLBS §18 and 5 MLBS
114(e) of the Mille Lacs Band Statutes Annotated.”
50

The Preamble of Band Ordinance 23-99 provides: “It is enacted by the Band Assembly of the Mille Lacs
Band of Ojibwe for the purposes of amending the body of law governing the Band’s budgeting period.
The Band Assembly determines that it is in the Band’s best interest to appropriate Band funds for a twoyear budgeting period.” Band Ordinance 23-99, §§ 1 & 2 provide:
“Section 1. Purpose “This Act is intended to amend the body of law governing the budgeting cycle of
the Mille Lacs Band of Ojibwe. The purpose of this Act is to provide a process whereby the Mille Lacs
Band of Ojibwe appropriates funds based on a two-year time period.
“Section 2. Repeal “3 MLBAS §18, 4 MLBS §3(d), 4 MLBS §10(e) and 5 MLBS §114(e) of the Mille
Lacs Band Statutes Annotated is hereby repealed and replaced in its entirety.”
Cross References
Band government identification cards, see 22 MLBS § 308.
Bribery, see 24 MLBS § 1203.
Environmental Protection Ordinance, approval of variances, see 11 MLBS § 115.
Exemption from personnel manual provisions, see 6 MLBS § 8.
Procurement, Band Assembly responsibilities, see 7 MLBS § 103.
Special Revenue Resolutions, see 22 MLBS § 102.

§ 1. Band Assembly.
All legislative political authority of the Non-Removable Mille Lacs Bands of Chippewa Indians
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
representative. The Districts are as follows: District 1 Nay-Ah-Shing, District 2, Mi ni Si na
kwang, Chi MI ni sing, Sandy Lake, and Minnewawa, District 3 Ah Sho Moog. The SecretaryTreasurer shall be the leader of the Band Assembly. The Secretary-Treasurer shall exercise
his/her legislative duties under the title "Speaker of the Assembly." The Secretary-Treasurer
shall exercise his/her financial duties under the title "Secretary of Treasury." 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 as the Reservation Business Committee.
Historical and Statutory Notes
Source:
Band Statute 1141-MLC-2, § 4.01.
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.

51

§ 2. Legislative Power.
It shall be the authority and duty of the Legislative Branch to enact laws which regulate internal
and external affairs of the Mille Lacs Bands 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 § 17;

(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.
Cross References
Consolidated Nay-Ah-Shing School Board; powers reserved to Band Assembly, see 9 MLBS § 15.
Education-related funds, appropriation authority, see 9 MLBS § 27.
Gaming, Compacts with State of Minnesota, see 15 MLBS § 106.
Management agreements, ratification, see 15 MLBS § 105.
Negotiation and execution of agreements, contracts, etc., see 4 MLBS § 3.
Recommendation of agreements, contracts, etc., see 4 MLBS § 6.
Violation of approved Tribal Ordinance, see 24 MLBS § 1211.

§ 3. Initiative and Referendum.
(a)

The legislative authority of the Non-Removable Mille Lacs Bands of Chippewa
Indians 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.
52

(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 days after the passage of such bill or law. Newly
enacted bills and laws shall be posted in each district within 5 days of enactment and
shall remain posted until 20 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 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.
Cross References
Referendum, see Const. Art. 14, § 2.

§ 4. Band Assembly Members.
The Band Assembly shall be comprised of the popularly-elected Secretary-Treasurer who shall
be the Speaker, and the popularly elected District Representatives from each of the three
districts within the territorial jurisdiction of the Reservation. Each District Representative shall
have one vote in the Band Assembly.
Historical and Statutory Notes
Source:
Band Statute 1141-MLC-2, § 7.

§ 5. 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,
§ 3, of the Constitution.

53

Historical and Statutory Notes
Source:
Band Statute 1141-MLC-2, § 8.

§ 6. Powers and Duties of Speaker of Assembly.
The Speaker of the Assembly shall be the leader of the Legislative Branch of
Government and have the following authority in exercising said authority of government:
(a)

(b)

(1)

to convene the Assembly for due cause at any time. In the event that he/she
shall fail to do so upon request of any two District Representatives, the
Assembly may be convened after 48 hours’ notice by any member of the Band
Assembly;

(2)

to be considered as a member of the Assembly for purposes of establishing a
quorum;

(3)

to require the prompt recording of the Assembly's acts and deeds;

(4)

to schedule all special hearings of the Assembly upon request of any two
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.

He/she shall not be a voting member of the Assembly.
Historical and Statutory Notes

Source:
Band Statute 1141-MLC-2, § 9.

§ 7. 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:

54

(a)

to superintend and manage all fiscal operations, planning and budgeting of the
Non-Removable Mille Lacs Band of Chippewa Indians 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 receipt 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 him/her in the
performance of his/her duties;

(f)

to levy, impound or attach any financial account of the Non-Removable Mille
Lacs Band of Chippewa Indians 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)

the Secretary-Treasurer shall post a fidelity bond in favor of the NonRemovable Mille Lacs Band of Chippewa Indians in an amount satisfactory to
the Band Assembly; and

(j)

the Secretary-Treasurer shall 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:
Band Statute 1141-MLC-2, § 10.
Cross References
Commissioner of Finance, see 22 MLBS § 101 et seq.
Public Works Commission, financial record system, see 13 MLBS § 14.
Review of proposed procurement actions, see 7 MLBS § 6.
55

Violation of Secretarial Orders, see 24 MLBS § 1212.

§ 8. Powers and Duties of District Representatives.
(a)

(b)

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.

(9)

To perform all legislative and other duties as may be assigned by the Speaker
of the Assembly or the Band Assembly.

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 Non-Removable Mille
Lacs Bands of Chippewa Indians.
Historical and Statutory Notes

Source:
Band Statute 1141-MLC-2, § 11.
56

Cross References
Community centers, use, see Exec. Order 033.
Division of powers, see 2 MLBS § 3.
Functions of Band government, see 2 MLBS § 4.

§ 9. Parliamentarian/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. He/she shall be independent of any
supervisory authority in the Band Assembly when acting as Parliamentarian. All parliamentary
decisions shall be rendered in an impartial manner and be in accordance with Robert's Rules of
Order. He/she 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

§ 10. 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 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.

§ 11. 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
§ 24(a), but not twice for the same offense.
Historical and Statutory Notes
Source:
Band Statute 1141-MLC-2, § 13.

57

§ 12. Membership of Band Assembly.
The Band Assembly shall be defined as all popularly-elected or appointed members, in the case
of vacancies that may be filled pursuant to the provisions of Minnesota Chippewa Tribal
Election Ordinance Number 4. The Chief Executive shall not be a member of the Band
Assembly.
Historical and Statutory Notes
Source:
Band Statute 1141-MLC-2, § 14.

§ 13. Quorum.
Any three 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.

§ 14. 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
Source:
Band Statute 1141-MLC-2, § 15

§ 15. Compensation.
The compensation for members of the Band Assembly shall be prescribed by Band Law
provided that sufficient funds are available for said compensation. No increase in compensation
shall take effect during the period for which the existing membership of the Band Assembly has
been elected after July 1, 1984.
Historical and Statutory Notes
Source:
Band Statute 1141-MLC-2, § 16.
58

§ 16. 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 2 of
Chapter 3 of Title 24 of the Mille Lacs Band Statutes Annotated. The Band Assembly
may conduct public hearings on any or all other bills at their discretion. Public
hearings shall be held in all appropriate districts of the Mille Lacs Reservation prior
to the time that the Band Assembly seeks to formally act upon said bill. Additionally,
each bill shall be posted in a conspicuous location for ten calendar days after said bill
has been introduced at a public hearing. This provision shall not apply to any bill on
which no public hearing has been held.

(b)

A majority vote of the three 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 personally delivered to the Chief Executive, who shall have five
calendar 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 his
objections to the bill. In the event he neither signs the bill or vetoes it, it shall become
law without his signature after the expiration of five 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
forwarded to the Chief Executive for his action. This date shall be utilized to
determine the appropriate five calendar 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 calendar days of the return. Failure of the Band
Assembly to act within the five calendar days shall halt further action on said bill for
180 days. Should the Assembly hold a compromise hearing with the Chief Executive
within the allocated time, fifteen 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 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 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 Assembly is 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.

59

Historical and Statutory Notes
Source:
Band Statute 1141-MLC-2, § 17.
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.

§ 17. Annulment of Commissioner's Orders and Opinions of Solicitor General.
The Band Assembly shall have five 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 and/or Solicitor General. Within ten consecutive 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
consecutive 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.
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.

§ 18. 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.

60

Historical and Statutory Notes
Source:
Band Statute 1141-MLC-2, § 20.
Band Ordinance 23-99, §§ 2, 3.
Cross References
Preparation and submission of budget requests, see 4 MLBS § 3.

§ 19. Fiscal Year.
The fiscal year of the Non-Removable Mille Lacs Bands of Chippewa Indians shall be October
1 through September 30 of each calendar year.
Historical and Statutory Notes
Source:
Band Statute 1141-MLC-2, § 20.01.

§ 20. Petitions of Members of Band.
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.

§ 21. Legislative Privilege.
No member of the Band Assembly shall be subject to suit or criminal prosecution brought
against him or her 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.
Historical and Statutory Notes
Source:
Band Statute 1141-MLC-2, § 22

61

§ 22. Assembly Powers of Inquiry.
(a)

The 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 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
4 MLBS §§ 13 and 14.
Historical and Statutory Notes

Source:
Band Statute 1141-MLC-2, § 23.

§ 23. Multi-Topic Bills.
The Band Assembly may pass any bill with many topics and said shall not be limited to one
topic for any one bill.
Historical and Statutory Notes
Source:
Band Statute 1141-MLC-2, § 24.

§ 24. 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 also be filled by appointment of the Joint Assembly. Appointees shall serve until
the next election prescribed by the Election Ordinance Number 4. The Joint Session
of the Band Assembly 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 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 One Representative, the District Two
Representative, the District Three Representative and the Tribal Chairman/Chief
Executive.

62

(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 of the Mille Lacs Band Statutes Annotated.
Historical and Statutory Notes

Source:
Band Statute 1141-MLC-2, § 25.
Cross References
Division of powers, see 2 MLBS § 3.
Functions of government authority, see 2 MLBS § 4.
Powers and duties of Chief Executive, see 4 MLBS § 6.

§ 25. 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 Non-Removable Mille Lacs Bands of Chippewa
Indians, as well as appointees of the Chief Executive as stated and defined in Title 4
of the Mille Lacs Band Statutes Annotated. 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 vote and the
Chief Executive shall have one 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.

(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.
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.
63

Employee Credit Union, Board of Directors, terms and removal, see 17 MLBS § 4.
Recall of appointed officials, see 4 MLBS § 15.

§ 26. 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.

§ 27. Legislative Orders.
(a)

The Band Assembly of the Non-Removable Mille Lacs Bands of Chippewa Indians
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 any
said Legislative Order, however, the failure of one or two members of the Band
Assembly to countersign any Legislative Order shall not invalidate the Order
provided it is passed by a majority vote of the Band Assembly under its rules of
procedure.

(b)

All said Legislative Orders shall be consecutively numbered and bear the signature of
the Solicitor General as to form and execution 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 Mille Lacs Bands until amended or repealed. The Clerk of the Band Assembly
shall produce and distribute all Legislative

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aminn_chippewa_mille_lacs%3A873fa3f5c6d792bb. Public record. Not legal advice.