WHITE EARTH BAND OF CHIPPEWA INDIANS

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RESOLUTION NO. 001-97-019

WHEREAS, the White Earth Band of Chippewa Indians is one of the six constituent

bands governed by the Revised Constitution and Bylaws of the Minnesota Chippewa Tribe as

approved on March 3, 1964, by the Assistant Secretary of the Interior; and

WHEREAS, the Minnesota Chippewa Tribe is organized under Section 16 of the act of

June 18, 1934 (48 Stat. 984), as amended; and

WHEREAS, Article I of the Revised Constitution and Bylaws of the Minnesota

Chippewa Tribe provides authority for the Reservation Business Committee to pass such

ordinances as are necessary to promote the general welfare of the members of the Tribe; and

WHEREAS, the White Earth Band of Chippewa Indians, pursuant to constitutional

authority deems it in the best interest of the Tribe to enact a Protection of Burial Grounds Code;

NOW, THEREFORE, pursuant to constitutional authority, the White Earth Band of

Chippewa Indians hereby enacts the Protection of Burial Code.

We do hereby certify that the foregoing ordinance was duly presented and adopted by a

voteof 4 for, © Against, and © silent, at a regular meeting of the

White Earth Band of Chippewa Indians Tribal Council meeting, a quorum present, held on the

/ day of April,.1997, at Pine Point, Minnesota.

JEk "Bugger" MéArhtur, Chairman -

Dare

Erma Vizohg ir, or obi easurer

WHITE EARTH TRIBAL HISTORICAL PRESERVATION ACT

PROTECTION OF BURIAL GROUNDS CODE

DOUGLAS "MICKEY" HODGES

DIRECTOR OF CULTURAL RESOURCES

WHITE EARTH RESERVATION

Section

-O1.

.02.

.03.

04,

05.

06.

.O7.

08.

-O9.

-10.

.OL.

.02.

-03.

.04.

-O5.

TITLE I - HISTORIC PRESERVATION

‘Title

Legislative Findings - Federal

Laws Preemption

Definitions

Establishment of the Cultural

Resources Alliance Board -

Membership

Powers and Duties of the Board.

Undertakings Off-Reservation

Undertakings On-Reservation

Disposition of Archaeological

Resources

Governmental Rule Making

Annual Reports

Records

Cooperation with Agencies and

Organizations .

Comprehensive Plan

Tribal Register

National Register

Education

Powers and Duties of the

Department

Nominations to the Tribe’s

Nominations to National

Assistance to the Board

Records, Salvage

Tribally-Owned Properties

Section

11.

-06.

-O7.

-08.

-O1.

02.

03.

04.

-O5.

-06..

Ol.

-02.

12.

13.

O1.

Ol.

Transfer of Property on the

Tribal Register

. Promote Preservation Efforts

Annual Report

Damaging of Adverse Effect:

Prohibited Acts

Permits,

Contents

Applications,

Application: Where Filed

Criteria

Board Action

Permit. Terms and Conditions

Duration of a Permit

Interim Permits

Duties of Permittees

Suspension and Revocation of

Permits. Grounds

Hearing

Emergency Suspensions/Stop Work

Orders

Tribal Register of

Archaeological and Historic

Properties. Nominations and

Acceptance

Tribal Vadertakings ~ Listed

Property

National Register. Nomination

of Reservation Properties

Tribal Undertakings Upon

Properties Listed in National

Survey and Comprehensive Plan.

Comprehensive Survey

Comprehensive Plan

Section

18.

19.

-O1.

-02.

Nondisclosure

., Enforcement. Offense

Criminal

Civil

Regulation by Board

Review By

Cultural Items Presently Used

Severability

TITLE IIT - PROTECTION OF BURIAL GROUNDS

Definitions

Permits

Violation Penalties

Force and Effect of Statute

Section 1,

Section 2.

Section 2.01.

Section 2.02,

Section 2.03.

Section 2.04.

Section 2.05.

Section 2.06.

TITLE I - HISTORIC PRESERVATION

7 Title. This statute shall be known as the

White Earth Band of Minnesota Chippewa Cultural

Resources Protection Statute.

Legislative Findings - Federal Laws Preemption.

Under the Federal Archaeological Resources

Protection Act of 1979, 16 U.S.C. § 470cc(c),

federal officials must notify the White Earth

Band of Minnesota Chippewa whenever a permit

application is being considered which might

adversely affect any religious or cultural offreservation site.

Under the Federal Archaeological Resources

Protection Act, 16 U.S.C. § 470cc(g) (2), no

federal permit for excavation or removal of any

archaeological resource located within the

jurisdiction of the White Earth Band of

Minnesota Chippewa will be issued without the

consent of the Tribal Council.

There can be no exchange or disposition of

archaeological resources from the White Earth

Band of Minnesota Chippewa without the consent

of the Tribe, pursuant to the Federal

Archaeological Resources Protection Act, 16

U.S.C. § 470dd.

The National Historic Preservation Act, 16

U.S.C. § 470 et seq., declared a national policy

to work in partnership with Indian tribal

governments to protect cultural resources and

provides a mechanism by which tribal governments

May carry out the provisions of that Act (16

U.S.C. § 470-1, 470 a(c).)

The Tribal Council finds that an orderly

procedure must be established for considering

the acting upon such notifications, request, and

review functions.

The National Historic Preservation Act does not

confer upon state governments the power to

nominate sites within Indian Reservations to the

National Register.

The Tribal Council finds that the power to make

such nominations to the National Register must

be exercised by the White Earth Band of

Section 3.

Section 3.01.

Section 3.02.

Section 3.03.

Section 3.04.

Minnesota Chippewa and that an effective

procedure must be established to carry out this

., activity.

The Tribal Council hereby declares its intent to

preempt the field of nominations to the National

located with the White Earth Band of Minnesota

Chippewa.

Definitions. As used in this statute, the

following words and phrases shall each have the

designated meaning, unless a different meaning

is expressly provided for, or from the context a

different meaning is clearly indicated.

"Board" means the Cultural Resources Board.

"Department" means the Cultural Resources

Program.

"Archaeological Resources" means any remains of

past human life or activities which are of

archaeological or historical interest. Such

material remains shall include, but not be

limited to: pottery, basketry, bottles, weapons,

weapon projectiles, tools, structures, or

portions of structures, pit houses, rock

paintings, rock carvings, intaglios, talus slide

depressions, cairns, graves, human skeletal

remains, or any portion or piece of any of the

foregoing items. The material or remains may

also include non-fossilized or fossilized

paleontological specimens, or any portion or

piece thereof, whether or not found in an

archaeological context. No item shall be

treated as an archaeological or historic

resource unless such an item is as least fifty

years of age.

"Effect" means any condition of the undertaking

that causes or may cause any change, beneficial

or adverse, in the quality of the historical,

architectural, archaeological, or cultural

characteristics that qualify the property to

meet the criteria of the Tribe’s Register or the

National Register. An effect occurs when an

undertaking changes the integrity of location,

design, setting, materials, workmanship, felling

or association of the property that contributes

to its significance in accordance with the

Tribal Register or the National Register

Section

3.05.

3.06.

3.07.

3.08.

criteria. An effect may be direct or indirect.

Direct effects are caused by the undertaking and

-, occur at the same time and place. Indirect

effects include those caused by the undertaking

that are later in time or farther removed in

distance, but are foreseeable. Such effects may

include changes in the pattern of land use,

population, density or growth rate that may

affect any properties of historical,

architectural, archaeological or cultural

significance.

"Historic property" means any prehistoric or

historic district, site, building, structure or

object significant in tribal history,

architecture, archaeology, culture or religion.

The term includes all artifacts, records,

remains and reburial sites designated by the

Cultural Resources Board.

"Tribal Register or Historic and Archaeological

Properties" means the tribal register of

districts, sites, buildings, structures and

objects significant in tribal history,

architecture, archaeology or culture, as

determined by the Board and maintained by the

Department .

"National Register" means the National Register

of Historic Places.

"Undertaking" means any governmental,

governmentally assisted or licensed action,

activity or program or the approval, sanction,

assistance, or support of any non-governmental

action, activity or program. Undertakings

include new and continuing projects and program

activities that are [1] directly undertaken by

government agencies; [2] supported in whole or

in part through governmental contracts, grants,

subsidies, loans, loan guarantees or other forms

of direct or indirect funding assistance; [3]

carried out pursuant to a governmental lease,

permit, license, certificate, approval or other

form of entitlement or permission; or, [4]

proposed by a Federal, State or other

governmental agency for legislative

authorization or appropriation. Site-specific

undertakings affect areas and properties that

are capable of being identified at the time of

approval by the governmental agency. Non-sitespecific undertakings have effects that can be

Section

3.10.

3.11.

4.01.

4.02.

4.03.

anticipated on the Tribal Register or the

National Register and eligible properties but

, Cannot be identified in terms of specific

geographical areas or properties at the time of

approval. Non-site-specific undertakings

include Federal or State approval of Federal or

State plans pursuant to legislation, development

of comprehensive or area wide plans, agency

recommendations for legislation plans, and

establishment or modification of regulations and

planning guidelines.

"ARPA" means the Archaeological Resources

Protection Act of 1979, 16 U.S.C. § 470aa, et

seq.

"NHPA" means the National Historic Preservation

Act of 1966, 16 U.S.C. § 470, et seq.

Establishment of the Cultural Resources Alliance

Board - Membership. The Board shall be composed

of the Director of the Cultural Resources

Department, the Chairperson of the Elderly

Advisory Board, the Tribal Archaeologist, the

Tribal Historian/Anthropologist, and the Tribal

Staff Attorney, as designated by the Tribal

Chairman.

Officers. The Board shall elect from among its

members a Chairperson, a Vice-Chairperson and a

Secretary. In the absence of the Chairperson,

the Vice-Chairperson shall preside, and in the

absence of. both the Chairperson and Vice-

Chairperson, the Secretary shall preside.

Quorum. Four members of the Board shall

constitute a quorum. The Chairperson will vote

only in the event of a tie.

Meetings. Meetings of the Board shall be held

at quarterly intervals. Emergency meetings may

be held within twelve hours of actual notice,

and business may be transacted provided that not

less than a majority of the full Board concurs.

in the proposed action.

Principal Office. The principal office of the

Board shall be the White Earth Reservation

Cultural Resources Office.

Oath of Office. Each member of the Board shail

take the following oath before beginning his/her

Section 5.

Section 5.01.

Section 5.02.

Section 5.03.

Section 5.04.

duties:

"I promise to faithfully execute all provisions

‘of the Cultural Resources Protection Ordinance

and any regulations promulgated in furtherance

thereof, and to be bound by the White Earth

Statutes, the jurisdiction of the White Earth

Tribal courts, and to the White Earth Tribe and

to otherwise faithfully perform my duties as

outlined by the law."

Powers and Duties of the Board. Undertakings

Off-Reservation. The Board is empowered to

participate in the review of the permitting

process where a federal or state officer has or

should notify the Tribe pursuant to ARPA, 16

U.S.C. § 470cc(c), the NHPA, or American

Religious Freedom Act, 42 U.S.C. § 1996, that an

undertaking is proposed or an application is

being considered for a permit which might

adversely affect any off-reservation

archaeological resource or historical property.

Undertakings On-Reservation. The Board is

authorized and directed to review any proposed

undertaking that might adversely affect any onreservation archaeological resource of historic

property included on or eligible for inclusion

on the Tribe’s Register or the National

consider requests for consent to on-reservation

excavation or removal of archaeological

resources as an initial application or as

referred by officials acting pursuant to ARPA,

16 U.S.C. § 470cc(g) (2), the NHPA, or the

American Indian Religious Freedom Act.

Disposition of Archaeological Resources. The

Board is empowered to consider requests for

exchange or dispositions of archaeological

resources (see 16 U.S.C. § 470dd) and to

‘determine what conditions, if any, should be

attached if consent is given.

Governmental Rule Making. As directed by the

Tribal Chairman, the Board is empowered to

initiate, comment and participate in federal,

state of other governmental rule-making

processes concerning matters pertaining to its

expertise. See 16 U.S.C. § 470s, 470ii.

Annual Reports. The Board shall prepare a

Section 5.05.

Section 5.06,

Section 5.07.

Section 5.08.

Section 5.09.

comprehensive annual report for submission to

the Tribal Chairman, which shall report on the

activities carried out under the provisions of

this statute, and shall make such

recommendations as the Board deems appropriate

as to changes or improvements needed in the

provisions of this statute. Such report shall

include a summary of actions undertaken by the

Board in reviewing proposed undertakings,

applications for excavation or removal permits,

and nominations for the Tribe’s Register and the

National Register.

Records. The Board shall maintain records of

its proceedings. All proceedings shall be

documented in writing and distributed to the

Tribal Council not more than five days following

each meeting.

Cooperation with Agencies and Organizations.

The Board is authorized and directed to consult

and cooperate to the extent feasible with other

Tribal and non-Tribal governmental departments

and agencies, and with private organizations

involved in historical and archaeological

protection activities, including the National

Trust for Historic Preservation, the Inter-

National Center for the Study of Preservation

and Restoration of Cultural Property, museums

and organizations of professionals. Cooperation

activities shall include providing assistance to

other agencies and organizations, and

coordinating the planning and conduct of

historic preservation programs.

Comprehensive Plan. The Board is authorized and

directed to review the comprehensive White Earth

Integrated Resource Management Plan, 1993-2002,

prepared by the White Earth Biology Department

(Cultural Resources Plan). The Board is further

authorized to approve the plan and submit it to

the Tribal Chairman or to direct the Department

to change the plan until it meets with approval.

Tribal Register. The Board is authorized and

directed to review nominations of properties to

the Tribe’s Register submitted by the

Department, and to approve those that are

significant in tribal history, architecture,

archaeology, culture, or religion.

National Register. The Board is authorized and

Section

5.10.

6.01A.

6.01B.

6.01c.

6.01D.

directed to review forms or reports proposing to

nominate properties to the National Register,

_ assure adequate public participation in the

nomination process, and to recommend to the

Tribal Chairman those properties it deems

appropriate for nomination for listing on the

National Register.

Education. The Board is authorized to develop

and operate a program of information and

education for tribal members and/or the general

public concerning cultural resources and

protection of properties listed on the Tribe’s

Powers and Duties of the Department. The

Cultural Resources Department shall have the

following duties and powers, which shall be in’

addition to such powers and duties provided by

prior Statutes of the White Earth Band of

Minnesota Chippewa as are not inconsistent with

this Statute:

Nominations to the Tribe’s Register. The

Department is directed to nominate to the Board

all sites, buildings, districts and objects

within the reservation that appear to qualify

for listing on the Tribe’s Register. The

Department shall, in order to compile the

information needed to make the nominations:

Conduct a comprehensive survey of all historic

properties on the reservation pursuant to

Section 13 of this Statute.

Compile an inventory that includes basic

information about the location and history of

each property.

Evaluate each property surveyed with regard to

its historic, archaeological, anthropological,

religious and cultural significance.

Based on the evaluation described in Section

6.01C., place each surveyed property into one of

four categories of significance.

Nominations to National Register. The

Department shall prepare nomination forms for

those properties that appear to be eligible for

placement on the National Register and present

them to the Board.

Section

6.03.

6.04.

6.05.

6.06.

6.07A.

6.073.

Assistance to the Board. The Department shall

assist and consult with the White Earth Tribal

Council and the Board on issues relating to the

conservation of historic and archaeological

resources and on other matters within the scope

of their duties.

Records, Salvage. The Department shall initiate

measures to ensure, at a minimum that when a

property listed on the Tribe’s Register is to be

substantially altered or affected, timely steps

be taken to make records, including measures

drawings, photographs and maps of the property.

A copy of the records must then be deposited in

the tribal archives for future use and

reference. The Department shall use its best

efforts to assure adequate surveying, testing,

salvage and analysis of artifacts, where such is

feasible.

Tribally-Owned Properties. The Department shall

initiate measures and procedures to provide for

the maintenance, preservation, rehabilitation,

or restoration of tribally-owned and registered

sites at professional standards prescribed by

the Director of the Department.

Transfer of Property on the Tribal Register.

The Department shall cooperate with purchasers

and transferors of any property iisted on the

Tribe’s Register in the development of viable

plans to use such property in a manner

compatible with preservation objectives and

which does not result in a unreasonable burden

to the landholder.

Promote Preservation Efforts. The Department is

authorized to take the following actions for the

purpose of promoting historic preservation

efforts:

Develop and make available to Tribal Agencies

information concerning professional methods and

techniques for identifying, preserving,

Stabilizing, improving, restoring and

maintaining archaeological and historic

properties.

Advise Tribal Agencies in the evaluation,

identification, preservation, stabilization,

improvement, restoration and maintenance of

historic and archaeological properties.

Section 6.07C.

Section 6.07D.

Section 6.07E.

Section 6.08.

Section 7.

Section 7.01.

Section 8.

Encourage public interest and participation in

archaeological and historic preservation.

Conduct studies in such areas as the adequacy of

federal, state and tribal laws pertaining to

archaeological and historic preservation

activities.

Encourage training and education in the field of

archaeological and historic preservation.

Annual Report. The Department shall submit a

comprehensive annual report of its activities

and the results of its studies to the White

Earth Tribal Chairman and the Board, and from

time to time shall submit such additional and

special reports as the Department deems

advisable. These report may propose such

legislative enactments and other actions as the

Department deems necessary and appropriate to

carry out its recommendations.

Damaging of Adverse Effect: Prohibited Acts.

No person shall excavate, remove, damage or

otherwise alter, deface or adversely affect any

archaeological resource or historic property

unless such activity is pursuant to a permit

duly issued under this statute.

No person shall sell, purchase, exchange,

transfer, transport, receive, possess or offer

to sell, purchase or exchange any archaeological

resource or historic property if such resource

is excavated or removed from reservations lands

in violation of the prohibition contained in

Section 7 above.

Permits, Applications, Contents. An application

for a permit to excavate, remove, alter, damage,

or otherwise adversely affect archaeological

resources or historic properties from

reservation land shall include information

concerning the time, scope, location and

specific purpose of the proposed work, together

with such information as the Board deems

necessary. Each application must be accompanied

by a definite outline of the proposed work,

indicating the name of the individuals or group

making the request, the date proposed for

beginning the work, the length of time proposed

to be devoted to it and the person who will have

immediate charge of the work. The application

Section

8.01.

8.02.

8.02A.

8.02B.

8.02C.

8.02D.

8.03.

must also contain an exact statement of the

character of the work, whether examination,

_@excavation or gathering, the museum in which the

collections made under the permit are to

permanently preserved, and where such museum if

off-reservation, the length of time proposed by

the application before such collections are to

be returned to the reservation. The application

must be accompanied by a sketch plan and a legal

description of the particular site or area to be

affected, so definite that it can be located on

a map with accuracy. Each application shall

contain the promise of the applicant to abide

and be bound by all of the provisions of this

statute and by all other Tribal laws.

Application: Where Filed. Each application for

a permit must be filed with the Board and the

Director of the Cultural Resources Department.

Criteria. A permit may be issued pursuant to an

application submitted in strict accordance with

Section 8 and 8.01. above, if the Board

determines that:

The applicant has demonstrated its

qualifications to carry out the proposed

activity by submitting to the Board references.

and a resume showing prior successful experience

in archaeological field work, site surveying,

excavation techniques and reporting;

Adequate mitigation efforts are guaranteed that

will avoid any adverse effect on properties

included on or eligible for inclusion on the

Tribe’s Register or the National Register, or

that acceptance of an adverse effect on such

properties is clearly in the Tribe’s best

interest;

The archaeological resources or historic

properties which are excavated or removed will

remain the property of the Tribe; and,

The activity pursuant to such permit is not

inconsistent with any management plan applicable

to the lands concerned.

Board Action. The Board shall allow the

Department a reasonable opportunity to comment

on each application for a permit. The Board

shall make its decision to issue or deny a

Section 8.04.

Section 8.05.

Section 8.06.

Section 8.06A.

permit within six months after the date the

application was filed, provided, however, that

., the Board may make an unlimited number of three-

month extensions of such review period upon

providing the applicant with a written

explanation of the factors requiring such an

extension. Applicants shall be notified of

Board action by certified mail.

Permit. Terms and Conditions. Any permit may

contain such terms and conditions that the Board

deems necessary to carry out the purposes of

this statute. Each permit shall identify the

individual who shall be responsible for carrying

out the terms and conditions of the permit and

for otherwise complying with this statute and

other laws applicable to the permitted

activities. The permit may contain provisions

requiring restoration of the site to its former

condition. Every permit shall be issued in the

name of the applicant therefore, and no permit

shall be transferable; nor shall the holder of

any permit allow any other person to use the

permit. The Board may require that a bond be

posted as a prerequisite to issuance of a

permit.

Duration of a Permit. Each permit shall be

effective for three years from the date of its

issuance or for such shorter period as may be

specified therein. The terms of each permit may

be extended by order of the Board for. proper

cause upon finding that the work has been

diligently completed under the permit. Failure

to begin work under a permit within six weeks

after it is granted, or failure to diligently

prosecute such work after it has begun, shall

make the permit void without any order or

proceeding by the Board.

Interim Permits. Persons who received approval

from the Board to excavate or adversely affect

any archaeological resource or historic property

prior to the date of the enactment of this

statute may receive an interim permit to

continue work during the period that their

application for a permit is pending before the

Board, under the following procedure;

Within thirty days after the date of the

enactment of this statute, such person shall

file with the Board a declaration, stating the

Section 8.06B.

Section 8.06C.

Section 9.

Section 10.

Section 10.01.

time approval was received, the location of the

property, the purpose of the work, and the work

done. The declaration shall be accompanied by

an application for a permit.

Upon filing of the declaration and the

application, the Board shall issue an interim

permit. If the Department determines that the

permit to affect the property was improperly

obtained, the Board shall revoke the interim

permit.

Such interim permit shall be in effect until the

Board approves or denies the application for the

permit.

Duties of Permittees. During the course of the

undertaking, each permittee shall report monthly

and quarterly to the Board. Monthly reports

shall contain a brief, summary statement of the

work performed during the month. Quarterly

reports shall contain a catalog of collections

and photographs made during the quarter. Each

permittee shall cooperate fully with any and all

inspections conducted by the Department or the

Board. No part of any collections shall leave

the Reservation unless the express written

consent of the Board has been given in the form

of a Temporary Removal License. Such license

shall at all times accompany the artifacts while

off the Reservation.

Suspension and Revocation of Permits. Grounds.

Any permit issued under this statute may be

suspended or revoked by the Board in accordance

with the procedures set forth below, upon

determination that the permittee has violated

any provision of the permit, this statute, or

other applicable law; that relevant

circumstances have changed since the granting of

the permit so that the application would no

longer meet the criteria of Section 8.02 above;

that material misrepresentations were contained

in the application; or that the permit was

improperly granted.

Hearing. Upon written notice specifying the

alleged grounds for revocation or suspension,

filed with the Board by the Chairperson or the

Director of the Cultural Resources Department,

the Board shall schedule a hearing to determine

the matter, which hearing shall not be less than

Section 10.02.

Section 11.

Section 11.01.

five days nor more than thirty days after the

service of such notice upon the permittee. The

_ permittee shall be entitled to an opportunity to

appear at such hearing and controvert the

allegations in support of revocation or

suspension.

Emergency Suspensions/Stop Work Orders. Upon

finding that a delay in suspending or revoking a

permit for the period required by a hearing

would be contrary to the Tribe’s interest in

preserving archaeological or historic

properties, the Board may issue a written stop

work order, directing the permittee to

immediately cease and desist all excavation,

removal or other activity pursuant to the

permit. It shall be unlawful for any person to

disobey a stop work order. In all cases where a

stop order has been issued, the Board shall

immediately schedule a hearing to determine the

matter, which hearing shall not be less than two

days nor more than ten days after the date of

the stop work order, unless continued by the

Board upon motion of the permittee.

Tribal Register of Archaeological and Historic

Properties. Nominations and Acceptance. There

is hereby established a Tribal Register of

Cultural Resources Properties, which shall be a

sites, buildings, structures and objects

significant in tribal history, architecture,

archaeology, culture or religion. Nominations

to the Tribal Register may be made by any

person. Acceptance or rejection of any

nomination shall be made by the Board.

Tribal Undertakings Upon Listed Property.

Whenever the White Earth Tribe has direct or

indirect jurisdiction over a proposed Tribal or

Tribal assisted undertaking, or has authority to

license or permit any undertaking, the Board

shall, prior to the approval of the expenditure

of any Tribal funds on the undertaking or prior

to the issuance of any license or permit, as the

case may be, take into account the effect of the

undertaking on any district, site, building,

structure or object that is included or eligible

for inclusion in the Tribes Register. The Board

and the Director shall be afforded a reasonable

opportunity to comment with regard to such

undertaking.

Section 12.

Section 12.01.

Section 13.

National Register. Nomination of Reservation

Properties. Nomination of any district, site,

building, structure, or object located within

the Reservation for inclusion in the National

Council.

Tribal Undertakings Upon Properties Listed in

National Register. Whenever the Chairman of the

White Earth Tribal Council has direct or

indirect jurisdiction over a proposed Tribal or

Tribal assisted undertaking or has authority to

license any undertaking, the Board shall, prior

to the approval of the expenditure of Tribal

funds on the undertaking, or prior to the

issuance of any license or permit, as the case

may be, take into account the effect of the

undertaking on any district, site, building,

structure or object within the Reservation that

is included in or eligible for inclusion in the

National Register. The Board and the Director

of Cultural Resources shall be afforded a

reasonable opportunity to comment with regard to

such undertakings.

Survey and Comprehensive Plan. Comprehensive

Survey. A comprehensive Reservation-wide survey

of archaeological and historical properties

Shall be conducted by the Director of Cultural

Resources and submitted to the Board. The longrange objective of the comprehensive survey

shall be the identification, protection and

preservation of all archaeological resources,

districts, sites, buildings, structures and

objects within the Reservation that are

potentially significant to Tribal history,

architecture, archaeology, culture or religion.

The survey shall be conducted in as timely a

Manner as possible and shall encompass all

historic properties and archaeological

resources, regardless of title ownership.

Survey data shall be maintained by the

Department in an accessible location and shall

be kept up to date so that information is

readily available to Tribal Programs during the

decision making process. The survey data need

not be published but shall be physically

organized and indexed in a manner to provide for

easy access. Availability of survey data to the

general public shall be limited if, in the

opinion of the Department, such availability

might result in damage to archaeological

Section 13.01.

Section 14.

Section 15,

Section 15.01.

resources or historic properties.

., Comprehensive Plan. A comprehensive

Reservation-wide archaeological and historic

preservation plan shall be prepared by the

Department and submitted to the Board. The plan

shall consist of a report or series of reports

on the Reservation archaeological and historic

preservation program. These reports shall

describe, analyze and make future projections

about the program. The archaeological and

historic preservation plan shall include an

explanation of philosophy or rationale behind

the program components, a report on the current

status of each component, an evaluation of -the

effect of each component, and the projection of

future plans.

Nondisclosure. Information concerning the

nature and location of any archaeological

resource or historic property may not be made

available to any person unless the Director of

Cultural Resources determines that such

disclosure would further the purpose of the

statute and would not create an undue risk of

harm to such resources or the site at which such

resources are located. The Department and the

Board are authorized to withhold from disclosure

information relating to the location of sites or

objects listed on the Tribal Register or the

National Register upon a determination that the

disclosure of specific information would create

a risk of destruction or harm to such sites or

objects. .

Enforcement. Offense. It shall be unlawful for

any person to do any act, the performing of

which is prohibited under this statute or fail

to do any act, the performance of which is

required under this statute.

Criminal. The procedure established for

criminal offenses pursuant to the White Earth

Rules of Criminal Procedure shall be utilized

for violations of this statute. In the event

that the defendant pleads guilty or is found

guilty of committing an offense, the court may

impose all or any of the following penalties:

1) applicable fines pursuant to the White Earth

Criminal Code; 2) applicable jail sentences

pursuant to the White Earth Criminal Code; 3)

forfeiture of all articles seized by reason of

Section 15.02.

Section 16.

Section 17.

illegal activities prohibited by this statute,

and; 4) restitution for lost or destroyed

, articles or artifacts.

Civil. The White Earth Tribe may bring a civil

action against any person who is alleged to have

engaged in an activity which is in violation of

this statute, including any person who is not

subject to Tribal criminal jurisdiction. The

Tribe may also bring an action for forfeiture of

any articles possessed in violation of this

statute. Such civil penalty and forfeiture

actions shall be brought pursuant to the

procedures established in the White Earth Rules

and Civil Procedure. Such relief as may be

granted by the Court shall be intended to be

remedial in nature and not punitive and should

compensate the Tribe for the damage done to the

archaeological or historic resources of the

Reservation and its archaeological and historic

resources. Such relief shall also be intended

to coerce the individuals into obeying this

Statute and regulations promulgated hereto. The

Court may order search, seizure and forfeiture

of articles possessed in violation of this

Statute. The Court may also order the

forfeiture of any bond, the revocation of any

permits, the return of any property which has

been removed from the Reservation or the

restoration of any archaeological resources or

historic property to its former or customary

condition. In assessing civil penalties, the

court may consider as factors the archaeological

or commercial value of the resources involved,

or the cost of restoration and repair of the

resource and the archaeological or historic site

involved.

Regulation by Board. For the purpose of

carrying into effect the provisions of this

statute or of supplying any deficiency therein,

the Board may make such regulations not

inconsistent with the spirit and intent of this

Statute as are deemed necessary or advisable.

All such regulations shall have the same force

and effect as if incorporated in this Statute.

Review By. the Director of Cultural Resources

or any applicant or permittee aggrieved by an

decision of the Board may petition the Tribal

Court for a hearing to review such decision. A

written notice of appeal must be filed with the

Section

18.

19.

1.03.

Clerk of Courts within twenty days of such

adverse decision; provided, however, that such

, Limitation period shall not apply to ban the

petition of the Director of the Cultural

Resources Department where such would be

contrary to the Tribe’s interest in preservation

of archaeological resources or historic

properties.

Cultural Items Presently Used. In relationship

to the protection or conservation of historical

or archaeological resources, there is no

authority granted by this Statute that would

allow the Tribe or the Department to take,

regulate or preserve any item of traditional

Ojibwe religion or culture that is presently

being used or has been used by members of the

White Earth Band of Chippewa Indians without the

written approval of the present owner, keeper or

the appropriate religious leaders which are

concerned with the article.

Severability. If any provision of this Statute

or its application to any person or circumstance

is held to be invalid, the remainder of this

Statute or the application of the provision to

other persons or circumstances shall not be

affected.

TITLE II - PROTECTION OF BURIAL GROUNDS

Definitions. The White Earth Band of Minnesota

Chippewa hereby establishes that the following

definition of terms be utilized when

interpreting this statute.

A cemetery is defined as "burial place; a burial

ground".

A burial ground is defined as "the site or

location whereupon there has been performed the

act or process of burying”.

An artifact is defined as "(a) a usually simple

object (as a tool or ornament) showing human

workmanship or modification; (b) a product of

civilization; (c) a product of artistic

endeavor".

A monument is defined as a "burial vault; a

Section 1.05.

Section 1.06.

Section 1.07.

Section 1.08.

Section 2.

Section 3.

Section 3.01.

memorial stone or a building erected in

remembrance of a individual or event".

A ruin is defined as "the remains of a man-made

structure which has been destroyed".

Historic is defined as "of or relating to times

or events of recorded history". :

Prehistoric is defined as "of or relating to

times or events before recorded history".

Indian is defined as {Native American} "a member

of any of the indigenous peoples of North

America".

Permits. Permits for the examination of ruins,

burial grounds, cemeteries, the excavation of

archaeological sites and the gathering of

objects of antiquity upon the lands under the

jurisdiction of the White Earth Band of

Minnesota Chippewa may be granted by the

Director of Cultural Resources of the White

Earth Reservation to institutions or persons

which they may deem properly qualified to

conduct such research, examinations, excavations

or gatherings, subject to such rules and

regulations as they may prescribe.

Violation Penalties. Any person who shall

appropriate, excavate, injure or destroy any

Indian cemetery, Indian burial mound or Indian

burial ground, historic or prehistoric ruin or

monument, or any object of antiquity situated on

lands within the White Earth Indian Reservation

or under lands under their jurisdiction without

the express written permission of the White

Earth Tribal Council or the White Earth Cultural

Resources Department, shall upon conviction be

fined in the sum of not more than five hundred

dollars {$500.00} or imprisonment for a period

not to exceed six {6}. months or shall suffer

both fine and imprisonment, in the discretion of

the Court.

In addition to the above penalty, whosoever

shall violate this Statute may be subject to

civil suit for both actual damages plus punitive

damages in the amount of five hundred dollars

{$500.00} by any aggrieved party. The White

Earth Tribal Council shall be considered an

aggrieved party and may sue any violator in the

Section 4.

name of the White Earth Band of Minnesota

Chippewa.

Force and Effect of Statute. Pursuant to the

provisions of P.L. 280, 28 U.S.C. § 1360, this

Statute shall be given full force and effect in

the determination of any civil cause of action

brought in the Courts of the State of Minnesota.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.