# WHEREAS,

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URL: https://www.frixlaw.com/law-library/documents/tribal%3Apyramid_lake%3Aed3383e64500e286

## Record

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

## Text

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

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WHEREAS,

Pyramid Lake Paiute Tribal Council

Post Office Box 256
Nixon, Nevada 89424
Telephone: (775) 574-1000

Fax (775) 574-1054
RESOLUTION NO.: PL 086-21

RESOLUTION OF THE TRIBAL COUNCIL
OF THE PYRAMID LAKE PAIUTE TRIBE
NIXON, NEVADA

the Pyramid Lake Paiute Tribe is organized pursuant to the provisions of Section
16 of the Indian Reorganization Act (25 U.S.C. § 476) and is federally
recognized by the United States Government through the Secretary of the Interior
and the Bureau of Indian Affairs; and possesses attributes of sovereignty over
both the members and territory.

the Pyramid Lake Paiute Tribe, pursuant to Article VI, Section | of the
Constitution and By-laws of the Pyramid Lake Paiute Tribe, authorized the
Pyramid Lake Tribal Council to act on behalf of the Pyramid Lake Tribe, and to
promulgate ordinances to safeguard the peace and safety of residents of the
Reservation and to establish courts for the adjudication of claims and disputes;
and

Article VI, Section 1(c) authorizes the Tribal Council to approve any sale,
disposition, lease or encumbrance of tribal lands consistent with Federal law; and

Article VI, Section 1(m) authorizes the Tribal Council to adopt resolutions
regulating the procedure of the Tribal Council and of other tribal agencies and
tribal officials of the reservation; and

Article VII, Section 1 authorizes that Tribal lands may be leased or otherwise
used by the Tribe; and

Article VII, Section 1 authorizes the Tribal Council to lease tribal lands for such
periods of time as permitted by law; and

pursuant to these powers, the Tribal Council has created a Law & Order Code
and other laws and ordinances to govern the conduct of people within the Tribe's
Reservation; and

on February 5, 2021, the Tribal Council adopted Resolution No. PL 016-21
which adopted Title 3 Chapter 18 Trust Lands Business Leasing Ordinance of the
Law and Order Code ("Leasing Ordinance") to implement leasing and
environmental review process for the leasing of tribal lands pursuant to the
H.E.A.R.T.H. Act, codified at 25 U.S.C. 415(h); and
Pyramid Lake Paiute Tribal Council

Page 2

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RESOLUTION NO.: PL 086-21

pursuant to the Bureau of Indian Affairs Department Manual, which implements
the approval of tribal leasing ordinances and regulations under the HEARTH Act,
the Tribe submitted the Leasing Ordinance to the BIA for approval; and

BIA Realty staff and attorneys have required additional changes and revisions to
the Leasing Ordinance ("Revised Leasing Ordinance") to comply with the
HEARTH Act and BIA guidelines; and

the Chairwoman and outside counsel have negotiated final changes and revisions
to the Revised Leasing Ordinance, which is attached and incorporated herein,
with the BIA realty staff and attorneys; and

the Tribal Council has determined that the revisions requested and required by
the BIA are not sufficiently substantive to require the changes to be reviewed by
the Law and Order Committee or re-issued for public comment.

NOW, THEREFORE BE IT RESOLVED, that the Pyramid Lake Paiute Tribal Council hereby

approves the revisions and changes to the Pyramid Lake Paiute Revised Tribal
Lands Leasing Ordinance, which is attached and incorporated herein; and

BE IT FURTHER RESOLVED, that the Tribal Chairperson or designee is hereby authorized to

effectuate any and all administrative actions necessary for implementation of this
resolution; and

BE IT FINALLY RESOLVED, nothing in this resolution shall be construed as a waiver of the

sovereign immunity of the Pyramid Lake Paiute Tribe.

CERTIFICATION

It is hereby certified that the foregoing resolution of the Pyramid Lake Paiute
Tribal Council, governing body of the Pyramid Lake Paiute Tribe, composed ten
members, of whom nine (9) constituting a quorum were present at a meeting
duly held on the 16” day of July 2021, was adopted by the affirmative vote of
eight (8) FOR and zero (0) AGAINST, with zero (0) ABSTENTIONS; pursuant
to the authority contained in the Constitution and By-laws of the Pyramid Lake

udu eu

Brentla A. Henry, Tribal Council cretary
Pyramid Lake Paiute inci ouncil

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Apyramid_lake%3Aed3383e64500e286. Public record. Not legal advice.
