RINCON BAND OF LUISEÑO INDIANS

RINCON BAND OF LUISEÑO INDIANS

RINCON INDIAN RESERVATION, CALIFORNIA

UNAUTHORIZED FACILITIES TRESPASS ORDINANCE

RINCON TRIBAL CODE § 8.800

Adopted May 14, 2026

Ordinance No. 8.800

Original Enactment Date: May 14, 2026

Subject: Facilities Trespass Ordinance

UNAUTHORIZED FACILITIES TRESPASS ORDINANCE

Rincon Tribal Code § 8.800

Table of Contents

§ 8.800

TITLE ...............................................................................................................1

§ 8.801

FINDINGS ........................................................................................................1

§ 8.802

PURPOSE .........................................................................................................1

§ 8.803

AUTHORITY ...................................................................................................1

§ 8.804

APPLICABLE LAW .......................................................................................2

§ 8.805

SOVEREIGN IMMUNITY.............................................................................2

§ 8.806

DEFINITONS...................................................................................................2

§ 8.807

ADMINISTRATION .......................................................................................5

§ 8.808

GENERAL MEMBERSHIP RIGHT-OF-WAY APPROVAL ...................6

§ 8.809

APPLICATIONS RELATING TO UNAUTHORIZED FACILITIES ......6

§ 8.810

ANNUAL COMPENSATION ........................................................................8

§ 8.811

CIVIL TRESPASS ...........................................................................................8

§ 8.812

ENFORCEMENT ..........................................................................................11

§ 8.813

DISPOSITION OF PROPERTY ON TRIBAL LAND IN VIOLATION

OF THIS ORDINANCE ................................................................................14

§ 8.814

TAXES, FEES AND ASSESSMENTS .........................................................15

§ 8.815

SEVERABILITY ...........................................................................................15

Adopted 5/14/26

PAGE i

Ordinance No. 8.800

Original Enactment Date: May 14, 2026

Subject: Facilities Trespass Ordinance

UNAUTHORIZED FACILITIES TRESPASS ORDINANCE

Rincon Tribal Code § 8.800

§ 8.800

TITLE

This chapter shall be known as and may be cited as the “Facilities Trespass Ordinance.”

§ 8.801

FINDINGS

The Tribal Council finds that enacting this chapter is necessary because:

(a)

Tribal lands and resources need protection from unauthorized use,

occupancy and Trespass by non-Indian Persons and entities;

(b)

The Secretary has not adequately discharged her fiduciary obligation to

protect the Tribe’s exclusive rights to use and occupancy of Tribal lands;

(c)

The Tribe wishes to assert the inherent sovereign power to exclude

unauthorized Persons and entities from Tribal lands.

§ 8.802

PURPOSE

The purpose of this chapter is to:

(a)

Adopt rules for unauthorized use, occupancy and Trespass of Tribal Lands

to strengthen Tribal sovereignty and increase Tribal control over Tribal

lands and resources;

(b)

Govern use, occupancy, Trespass and unauthorized uses of Tribal Lands

that impact continued eligibility for issuance and maintenance of Rights-ofWay and Service Lines pursuant to Federal law, 25 C.F.R. § 169.

(c)

Provide rules governing eligibility for the issuance of Rights-of-Way and

Service Line over Tribal Lands.

(d)

Protect and assert the Tribe’s inherent sovereign power to exclude

unauthorized Persons, entities and property from Tribal Lands.

§ 8.803

AUTHORITY

The Tribal Council enacts this Ordinance pursuant to its plenary, executive and legislative

authority under the Articles of Association, Sections 1 and 6.

Adopted 5/14/26

PAGE 1

Ordinance No. 8.800

Original Enactment Date: May 14, 2026

Subject: Facilities Trespass Ordinance

UNAUTHORIZED FACILITIES TRESPASS ORDINANCE

Rincon Tribal Code § 8.800

§ 8.804

APPLICABLE LAW

This Ordinance and other laws of the Tribe shall govern all matters arising under this

Ordinance to the extent not preempted by applicable Federal law. In the absence of

applicable Tribal or Federal law, the Tribal Court may apply common law principles in

interpreting any matter arising under this Ordinance. The Tribal Court shall remit or modify

any damages, assessments or penalties prescribed by this Ordinance, as may be necessary

to assure compliance with the requirements of Due Process.

§ 8.805

SOVEREIGN IMMUNITY

The Tribe, by adoption of this Ordinance, does not waive its sovereign immunity in any

respect. No suit or action shall be allowed, permitted or maintained in any forum, including

the Tribal Court, against the Tribe, its agencies, entities, arms, enterprises, officers,

employees, contractors or agents.

§ 8.806

DEFINITONS

The following terms, wherever used or referred to in this Ordinance, shall have the

following meanings, unless a different meaning clearly appears from the text or context:

(a)

“Articles of Association” means that certain organizational document

setting forth rules of procedure that govern operations and recognize the governing body

of the Tribe, adopted by the General Membership on February 14, 1960, and approved by

the Commissioner of Indian Affairs on March 15, 1960.

(b)

“Business Committee” means the five-member Business Committee

established under Section 3 (a) of the Articles of Association. Business Committee shall

be synonymous with Tribal Council or Rincon Tribal Council as may be used in this

Ordinance or any existing or future Tribal ordinance.

(c)

“Chairperson” means the Person elected to that position pursuant to

Section (3)(a) of the Articles of Association. The Vice-Chair may act for the Chairperson

as provided in the Articles of Association and this Ordinance.

(d)

“Consumer Price Index” or “CPI” means the Consumer Price Index for

All Urban Consumers (CPI-U), All Items in U.S. City Average, [CPIAUCSL], using the

index value in effect as of March 1 of the applicable calendar year.

Adopted 5/14/26

PAGE 2

Ordinance No. 8.800

Original Enactment Date: May 14, 2026

Subject: Facilities Trespass Ordinance

UNAUTHORIZED FACILITIES TRESPASS ORDINANCE

Rincon Tribal Code § 8.800

(e)

“CPI Adjustment Factor” means, for any applicable year, a ratio, the

numerator of which is the CPI for that applicable year and the denominator of which is the

CPI for the current year.

(f)

“General Membership” means enrolled members who are twenty-one

years (21) of age or older pursuant to Section 5 of the Articles of Association.

(g)

“Ground Lease Rate” means ten percent (10%).

(h)

“Housing, Facilities & Land (“HFL”) Manager” means the tribal

official whose duties are described at Section 8.807 of this Ordinance.

(i)

“Lease” means a written contract with the Tribe for a possessory

interest in Tribal Land for a specified purpose and duration pursuant to the Rincon Business

Leasing Regulations, RTC § 7.600 et seq., or the inherent leasing authority of a tribal

corporation organized under Section 17 of the Indian Reorganization Act.

(j)

“Member” means an enrolled member of the Tribe.

(k)

“Occupancy Right” means the right to enter and occupy or use Tribal

Land pursuant to this Ordinance.

(l)

“Ordinance” means this Facilities Trespass Ordinance, as amended

from time to time.

(m) “Person” means any individual Person or entity, a natural individual,

partnership, corporation, association, other legal or fiduciary entity, and a public entity.

(n)

“Public Interest” means the best interest of the Tribe’s current and

future Members, including strengthening Tribal sovereignty, protecting the political

integrity, safety, health and welfare of the Tribe, preserving and promoting Tribal culture

and traditions, safeguarding Tribal air, water, landscapes and other natural resources and

developing and assisting the Tribe’s public and private sector economy, all as determined

by the Tribal Council pursuant to its plenary, executive and legislative authority under the

Articles of Association.

(o)

“Reservation” means all lands identified in that certain Executive

Order of the President issued on March 2, 1881; the Mission Indian Relief Act, 26 Stat.

712 (1891); the trust patent issued by the President on September 13, 1892; the Act of

Congress of August 16, 1941, 55 Stat. 622; the February 12, 1968 Order setting aside land

for the Rincon Band; and, the trust patent adding land issued on January 20, 1971, also

Adopted 5/14/26

PAGE 3

Ordinance No. 8.800

Original Enactment Date: May 14, 2026

Subject: Facilities Trespass Ordinance

UNAUTHORIZED FACILITIES TRESPASS ORDINANCE

Rincon Tribal Code § 8.800

including, but not limited to, all lands thereafter acquired by the United States in trust for

the benefit of the Tribe and proclaimed by the Secretary, acting by and through the

Assistant Secretary of Indian Affairs acting pursuant to 209 D.M. 8.1, in accordance with

the authority conferred by Section 7 of the Indian Reorganization Act of 1934.

(p)

“Right-of-Way” means an easement or other legal right or interest,

consisting of the right to use or control for a specified purpose and/or to go over or across

certain Tribal Land, including, but not limited to, building, operating or maintaining a

ditch, canal or other conveyance facility, a line for utility purposes or road but exclusive of

Service Lines.

(q)

“Right-of-Way Agreement” means the authorization and agreement

for right of way prescribed by 25 C.F.R. § 169.107, or successor regulation, constituting

Tribal consent for the grant of a Right-of-Way over Tribal Land approved by the Secretary.

(r)

“Secretary” means the United States Secretary of the Interior acting by

and through his or her designee in the Bureau of Indian Affairs.

(s)

“Service Line” means a line that branches off from facilities for which

a Right-of-Way must be obtained. A service line is a utility line running from a main line,

transmission line, or distribution line that is used only for supplying telephone, water,

electricity, gas, internet service, or other utility service to a single house, business, or other

structure.

(t)

“Service Line Agreement” means the agreement between the Tribe

and a service provider required by 25 C.F.R. § Part 169, Subpart B, pursuant to which a

service provider may install a Service Line over Tribal Land to provide services to the

owners or authorized occupants or users of Tribal Land.

(u)

“Trespass” means the unauthorized occupancy and use of unlawful

action on or entry onto the property of another.

(v)

“Tribe” means the Rincon Band of Luiseño Indians, its agencies,

entities, arms and enterprises, either together or separately.

(w)

“Tribal Council” means the five-member Business Committee

established under Section 3 (a) of the Articles of Association. Tribal Council shall be

synonymous with Business Committee or Rincon Business Committee as used in this

Ordinance or any existing or future Tribal ordinance.

Adopted 5/14/26

PAGE 4

Ordinance No. 8.800

Original Enactment Date: May 14, 2026

Subject: Facilities Trespass Ordinance

UNAUTHORIZED FACILITIES TRESPASS ORDINANCE

Rincon Tribal Code § 8.800

(x)

of Appeals.

“Tribal Court” means the Rincon Civil Trial Court and Rincon Court

(y)

“Tribal Land” means land in which the Tribe has legal interest,

including, but not limited to, land within the Reservation that is held in trust by the United

States for the benefit of the Tribe and subject to civil regulatory jurisdiction of the Tribe,

inclusive of assigned, fee, restricted or allotted lands whether owned wholly or in part, by

the Tribe.

(z)

§ 8.807

“United States” means the same as Secretary.

ADMINISTRATION

(a)

Any person using or planning to use an easement for a Right of Way or a

Service Line without proper existing authorization shall file an application

with the HFL Manager. The HFL Manager shall determine whether an

applicant has satisfied all application requirements of this Ordinance, which

for a Right of Way shall include all of the materials required under

25 C.F.R. § 169.102,

except

those

required

under

25 C.F.R. § 169.102 (b) (4), (5), (6) and (9). If the HFL Manager identifies

deficiencies in an application for Right-of-Way or Service Line Agreement,

the HFL Manager shall advise the applicant and provide a reasonable period

of time for the applicant to cure the application deficiencies.

(b)

If HFL Manager determines that a Right-of-Way application meets the

requirements of this Ordinance and therefore is complete, the HFL Manager

shall submit the application packet to the Tribal Council for referral to the

General Membership for approval or disapproval of the Right-of-Way. The

Right-of-Way application packet submitted to the Tribal Council shall

include:

Adopted 5/14/26

(1)

Relevant documents from the application packet submitted to the

BIA pursuant to 25 C.F.R. § 169.102;

(2)

Any notarized statement from the applicant-grantee pursuant to

Section 8.809;

(3)

A projected statement of compensation to be paid to the Tribe

pursuant to 25 C.F.R. § 169.110 and Section 8.810 (a);

PAGE 5

Ordinance No. 8.800

Original Enactment Date: May 14, 2026

Subject: Facilities Trespass Ordinance

UNAUTHORIZED FACILITIES TRESPASS ORDINANCE

Rincon Tribal Code § 8.800

(c)

§ 8.808

(4)

A projected statement of taxes, fees and assessments to be paid to

the Tribe pursuant to Section 8.814;

(5)

The recommendation of the HFL Manager to approve or disapprove

the Right-of-Way Agreement; and

(6)

Any other relevant documents.

The HFL Manager shall review and recommend all Service Line Agreement

requests to the Tribal Council for review and approval, provided that a

Right-of-Way Agreement, pursuant to 25 C.F.R. § 169, that feeds the

relevant Service Line is in effect prior to Tribal Council approval of the

Service Line Agreement.

GENERAL MEMBERSHIP RIGHT-OF-WAY APPROVAL

(a)

The General Membership shall have the authority to approve or disapprove

a Right-of-Way application by resolution at a duly noticed meeting of the

General Membership.

(b)

The Tribal Council shall have the authority to approve or disapprove the

business terms and conditions of the Right-of-Way Agreement and whether

the Right-of-Way Agreement is in the Public Interest and in accordance

with Tribal Law.

(c)

All realty-related interests authorized by this Ordinance shall be evidenced

by the signature of the Chairperson on all such instruments and related

documents.

§ 8.809

APPLICATIONS RELATING TO UNAUTHORIZED FACILITIES

(a)

An applicant for a Right-of-Way or Service Line who owns, operates,

licenses or otherwise benefits from unauthorized existing facilities on Tribal

Land, or any applicant who is the successor-in-interest of such owner,

operator, licensee or beneficiary, shall include in any application for a

Right-of-Way or Service Line Agreement a notarized statement describing:

(1)

Adopted 5/14/26

The date and the circumstances under which the facilities were

placed on Tribal Lands,

PAGE 6

Ordinance No. 8.800

Original Enactment Date: May 14, 2026

Subject: Facilities Trespass Ordinance

UNAUTHORIZED FACILITIES TRESPASS ORDINANCE

Rincon Tribal Code § 8.800

(2)

Whether and, if so, when and how, the siting or placement of the

facilities on Tribal Lands was approved;

(3)

If the siting or placement of the facilities on Tribal Lands was

previously approved, when that approval ended, and;

(4)

Copies of any instruments or other documentation related to the

above matters.

(b)

No Right-of-Way Agreement application under 25 C.F.R. § 169 shall be

considered complete for an applicant described under Section 8.807 unless

the applicant first pays to the Tribe an amount not less than the sum, for each

year and fraction thereof the facility was present without authorization, of the

following: $1.50 in 2026 dollars multiplied by the Ground Lease Rate,

multiplied by the CPI Adjustment Factor for the applicable year multiplied by

the length (in feet) of the easement area, multiplied by the width (in feet) of

the easement area plus interest calculated at an annual rate of seven (7)

percent per annum based on the amount owed for each year that the facility

was present without authorization.

(c)

For illustrative purposes, if a 10-foot-wide easement that is 1,000 feet long

was on Tribal Lands without approval beginning sometime in 2021 and

through sometime in 2026, the following amount must be paid before an

application could be considered complete:

$1.50 * 0.1 * (2021 CPI/2026 CPI) * 10 feet * 1000 feet * 1.075 plus

$1.50 * 0.1 * (2022 CPI/2026 CPI) * 10 feet * 1000 feet * 1.074 plus

$1.50 * 0.1 * (2023 CPI/2026 CPI) * 10 feet * 1000 feet * 1.073 plus

$1.50 * 0.1 * (2024 CPI/2026 CPI) * 10 feet * 1000 feet * 1.072 plus

$1.50 * 0.1 * (2025 CPI/2026 CPI) * 10 feet * 1000 feet * 1.07, plus

$1.50 * 0.1 * (2026 CPI/2026 CPI) * 10 feet * 1000 feet * 1 (no interest),

which equals $1,687.69 plus $1,712.49 plus $1,679.16 plus $1,624.03 plus

$1,553.94 plus $1,500.00 for a total of $9,757.31.

Adopted 5/14/26

PAGE 7

Ordinance No. 8.800

Original Enactment Date: May 14, 2026

Subject: Facilities Trespass Ordinance

UNAUTHORIZED FACILITIES TRESPASS ORDINANCE

Rincon Tribal Code § 8.800

§ 8.810

ANNUAL COMPENSATION

(a)

Without notice or demand, the Right-of-Way Agreement shall provide for

annual payment of just compensation that is in the Public Interest, as

determined by the Tribe, but not less than $ 1.50 per year in 2026 dollars,

adjusted annually in accordance with the Consumer Price Index, multiplied

by the Ground Lease Rate, multiplied by the length (in feet) of the easement

area, multiplied by the width (in feet) of the easement area.

(b)

The Tribe may require or permit alternatives to the compensation identified

in Section 8.807 (b) (3) that it deems in the Public Interest, including, but

not limited to:

(c)

§ 8.811

(1)

In-kind consideration;

(2)

Payments based on throughput of the line or road or percentage of

income;

(3)

Payments at specific stages during the life of the Right-of-Way

grant, such as fixed annual payments during construction, payments

based on income during an operational period; or

(4)

Bonuses.

Payments due under a Right-of-Way Agreement shall be made directly to

the Tribe.

CIVIL TRESPASS

(a)

Adopted 5/14/26

Trespass. A Person commits civil Trespass who intentionally and without

the Tribe’s consent:

(1)

Enters Tribal Land or causes an object, structure, chattel or a third

Person to do so, or

(2)

Remains on Tribal Land, or

(3)

Fails to remove from Tribal Land an object, structure or chattel

which he or she is under a duty to remove.

PAGE 8

Ordinance No. 8.800

Original Enactment Date: May 14, 2026

Subject: Facilities Trespass Ordinance

UNAUTHORIZED FACILITIES TRESPASS ORDINANCE

Rincon Tribal Code § 8.800

(b)

Burden of Proof. In any action to enforce this Ordinance, the defendant

shall bear the burden of proof on the issue of consent.

(c)

Failure to Remove Object, Structure or Chattel Placed on Tribal Land.

A Trespass is committed by the continued presence on Tribal Land of an

object, structure or chattel that a Person or his predecessor in legal interest

has placed on Tribal Land pursuant to a license or privilege conferred on

the Person:

(1)

With the consent of the Tribe if the Person fails to remove it after the

consent has been effectively terminated, or

(2)

Without consent of the Tribe, if the Person fails to remove it after

the privilege has been terminated by the accomplishment of the

purpose for the license or privilege.

(d)

Separate Acts of Trespass. A separate violation of this Ordinance is

committed with respect to each parcel of Tribal Land on which a Trespass

is committed under Section 8.811 (a) and Section 8.811 (c) for each day on

which a Trespass occurs.

(e)

Remedies. The following remedies are cumulative and apply separately to

each act of Trespass:

(1)

(2)

Ejectment.

(A)

A Person in Trespass shall be subject to immediate ejectment,

at the trespasser’s expense.

(B)

In lieu of ejectment, the Tribe, at its discretion, may order the

Person in Trespass to apply for a Lease or Right-of-Way, as

applicable.

Accounting.

(A)

(3)

Adopted 5/14/26

The Tribe shall be entitled to obtain from a Person in Trespass

or who was in Trespass, an accounting of rents, profits and

any avoided costs derived from the trespassed property.

Damages and Penalties. For each act of Trespass, the Tribe shall be

entitled to the greater of:

PAGE 9

Ordinance No. 8.800

Original Enactment Date: May 14, 2026

Subject: Facilities Trespass Ordinance

UNAUTHORIZED FACILITIES TRESPASS ORDINANCE

Rincon Tribal Code § 8.800

(A)

An amount equal to:

(i)

Rents, profits and any avoided costs derived from the

trespassed property; and

(ii)

Damages caused to the trespassed property; or

(iii)

The penalty determined by the Tribal Court, which

shall be not less than $100 and no more than $5,000

for each day that a Trespass occurs or occurred,

based on the size, scope, and impact of the Trespass,

and whether the Person in Trespass knew or should

have known it or its property was or is on Tribal

Land; or

(iv)

Three times the property taxes due for the entire time

period of the Trespass based on the tax rates under

present Tribal law for any object, structure or chattel

on Tribal Land.

(4)

Other. Legal and other costs incurred by the Tribe to enforce this

Ordinance.

(5)

No Waiver of Fees, Damages, Penalties, or Annual

Compensation. Tribal consent to a Right-of-Way Agreement shall

not waive fees owed for prior unauthorized uses of Tribal Land

pursuant to Section 8.809 (b), trespass damages and penalties

pursuant to Section 8.811 (e) (3), or just compensation under

Section 8.810. The Attorney General may order payments of fees

under Section 8.809 (b) and just compensation under Section 8.810,

all of which shall be timely paid. If a party receiving such an order

fails to make timely payments, the Attorney General, on behalf of

the Tribe, may bring an action in Tribal Court, and the Tribal Court

shall order the Person that received the order from the Attorney

General to:

(A)

make timely payments of fees under Section 8.809 (b) and

just compensation under Section 8.810, and

(B)

pay trespass damages

Section 8.811 (e) (3), and

Adopted 5/14/26

PAGE 10

and

penalties

pursuant

to

Ordinance No. 8.800

Original Enactment Date: May 14, 2026

Subject: Facilities Trespass Ordinance

UNAUTHORIZED FACILITIES TRESPASS ORDINANCE

Rincon Tribal Code § 8.800

(C)

pay legal costs and fees incurred by the Attorney General to

enforce this Ordinance, and

(D)

pay interest at a rate of one percent (1%) per month for any

amounts not immediately paid when due.

§ 8.812

ENFORCEMENT

(a)

Jurisdiction. The Tribal Court shall have exclusive jurisdiction to enforce

actions over any rights, obligations or interests created pursuant to this

Ordinance, provided, however, that this Ordinance shall not be deemed a

waiver of the Tribe’s sovereign immunity from unconsented suit and the

Tribe shall not be named a defendant in any action brought under this

Ordinance.

(b)

Trespass. A Person occupying Tribal Land without authorization is subject

to immediate removal, ejectment and damages and penalties pursuant to

Section 8.811 of this Ordinance. The Tribe shall have no liability for loss

or damage to personal property.

Adopted 5/14/26

(1)

Any Tribal Law Enforcement Officer at the time the Trespass occurs

shall be authorized to issue a citation for Trespass and seize any

motorized vehicles, equipment and material goods, used in

connection with the Trespass.

(2)

The Tribal Chairman may order any Person who owns, operates,

licenses, or otherwise benefits from existing facilities on Tribal Land

to demonstrate that such facilities are authorized to be on such Tribal

Land. The Person shall then have thirty (30) days to demonstrate

that all the facilities are properly and currently authorized by the

Tribe, and if applicable by the United States, to be on Tribal Lands.

(3)

If a Person fails to respond to the Tribal Chairman or if the Person

fails to provide evidence demonstrating that all of its facilities are

properly and currently authorized within thirty (30) days of being so

ordered, the Person shall file an application within fifteen (15) days

pursuant to 25 C.F.R. § 169 and Section 8.807 of this Ordinance for

all facilities that the Person has not demonstrated are properly and

currently authorized to be on Tribal Land.

PAGE 11

Ordinance No. 8.800

Original Enactment Date: May 14, 2026

Subject: Facilities Trespass Ordinance

UNAUTHORIZED FACILITIES TRESPASS ORDINANCE

Rincon Tribal Code § 8.800

(4)

(c)

Adopted 5/14/26

If a Person fails to timely file an application as required by

paragraph (b)(3) of this subsection, the Attorney General, on behalf

of the Tribe, may bring an action in Tribal Court, and the Tribal Court

shall order the Person to:

(A)

immediately and properly file an application under

Section 8.807 of this Ordinance and 25 C.F.R. § 169, and

(B)

pay a penalty of $100 per day per parcel from the application

due date in Section 8.812 (b) (3) until the application is filed,

such penalty shall be in addition to any other amounts due,

and

(C)

pay legal costs and fees incurred by the Attorney General to

enforce this Ordinance, and

(D)

pay interest at a rate of one percent (1%) per month for any

amounts not immediately paid when incurred under the

Tribal Court order.

Termination of Occupancy Right. Upon violation of the terms of any

Right-of-Way Agreement, Service Line Agreement, or Tribal Court order

under Section 8.811 (e) (5) and the expiration of any cure period, the Tribe

may initiate proceedings to terminate the Occupancy Right of the Person in

violation by filing a verified complaint, which shall include:

(1)

The name of the Person(s) allegedly in violation and each Person(s)

known to be claiming an interest through such Person(s), as a

defendant;

(2)

A concise statement of the facts concerning the alleged default(s)

and such other facts as may be necessary to constitute a cause of

action;

(3)

True and correct copies of the document by which the Occupancy

Right was conferred, and any related note, mortgage, or other

recorded real property security instrument, the operative instrument,

and any assignment of any of these documents; and

(4)

Any applicable allegations concerning compliance with any relevant

requirements and conditions prescribed in:

PAGE 12

Ordinance No. 8.800

Original Enactment Date: May 14, 2026

Subject: Facilities Trespass Ordinance

UNAUTHORIZED FACILITIES TRESPASS ORDINANCE

Rincon Tribal Code § 8.800

(5)

(A)

Tribal codes, ordinances and regulations;

(B)

Federal statutes and regulations, and

(C)

Operative provisions of the document by which the

Occupancy Right was conferred.

A copy of the summons and complaint shall be served on all

defendants in accordance with Tribal law.

(d)

The Tribal Court shall hear and decide an action to terminate an Occupancy

Right in a prompt and reasonable time period not to exceed sixty (60) days

from the date of service of the complaint on the defendants.

(e)

If the plaintiff establishes grounds to terminate the Occupancy Right, the

Tribal Court shall enter judgment, which shall include payment by the

defendant(s) of the legal costs and fees incurred by the Attorney General

associated with the legal proceedings under this Ordinance, and, as

appropriate:

(f)

Adopted 5/14/26

(1)

Declaration of the plaintiff’s right to recover the premises;

(2)

Termination of the defendant’s Occupancy Right;

(3)

A writ of restitution directing one or more Tribal Law Enforcement

Officers to immediately remove the defendant(s) and all other

Persons, and their property, from Tribal Land they have occupied

unlawfully or pursuant to the terminated Right-of-Way Agreement

or Service Line Agreement; and/or

(4)

Monetary damages, which may include damages to the Tribal Land,

the revenues derived from the unlawful occupancy and liquidated

damages of $1,000 per day.

Emergency Expedited Hearing. In the event the activities, conduct or

conditions on Tribal Land pose a threat to the Public Interest, the Tribe or

other party with a legal interest in the property may initiate termination

proceedings without regard to otherwise applicable procedural

requirements. In such event, the Tribal Court shall:

PAGE 13

Ordinance No. 8.800

Original Enactment Date: May 14, 2026

Subject: Facilities Trespass Ordinance

UNAUTHORIZED FACILITIES TRESPASS ORDINANCE

Rincon Tribal Code § 8.800

(g)

§ 8.813

(1)

expedite legal proceedings to adjudicate termination of the

Occupancy Right, and

(2)

order such interim or permanent relief as may be necessary,

including, if warranted, removal of the defendant and/or its property

from the premises or immediate cessation of activities, conduct or

alleviation of conditions that post a threat to the Public Interest.

Federal Enforcement. In addition to any Tribal Court enforcement action and

remedies described in this Ordinance, the United States may, at its discretion

and upon reasonable notice from the Tribe, enforce or cancel any Right-ofWay Agreement or Service Line Agreement pursuant to 25 C.F.R. § 169.

DISPOSITION OF PROPERTY ON TRIBAL LAND IN VIOLATION

OF THIS ORDINANCE

(a)

The Tribe shall have the right to seize, hold and exclude the owner from

using property that the Tribe determines has been intentionally placed or left

on Tribal Land in violation of this Ordinance.

(b)

At the conclusion of any legal proceedings brought pursuant to this

Ordinance, the Tribe shall:

(c)

Adopted 5/14/26

(1)

return the property to the defendant if ordered to do so by the Tribal

Court, or

(2)

continue to hold and exclude the defendant from possession or use

of the property pending payment in full of any damages, penalties,

interest, legal costs and other expenses imposed on the defendant by

the Tribal Court.

In the event the defendant fails, within 90 days, to pay in full any damages,

penalties, legal costs or other expenses imposed by the Tribal Court, the

Tribe at its discretion may:

(1)

Sell the property and credit the proceeds against the judgment; or

(2)

Assume ownership of the property and credit its value, as

determined by the Tribal Court, against the judgment, provided that

if the value of the property exceeds the judgment, the Tribe shall pay

the excess to the defendant.

PAGE 14

Ordinance No. 8.800

Original Enactment Date: May 14, 2026

Subject: Facilities Trespass Ordinance

UNAUTHORIZED FACILITIES TRESPASS ORDINANCE

Rincon Tribal Code § 8.800

§ 8.814

TAXES, FEES AND ASSESSMENTS

(a)

Pursuant to RTC § 4.400, the Tribe reserves the right to impose fees, taxes

or assessments in connection with an application for Right-of-Way

Agreement or in connection with the use of a Right-of-Way pursuant to a

Right-of-Way Agreement. The Tribe may also agree in a particular Rightof-Way Agreement to waive such taxes, fees and assessments.

(b)

No tax, assessment, fee or charge of any kind imposed by the State of

California or any subdivision of the State of California shall apply to goods

or services provided or present on the Reservation pursuant to an authorized

Right-of-Way granted under this Ordinance.

§ 8.815

SEVERABILITY

If any provision of this Ordinance shall be held unconstitutional or invalid by the Tribal

Court, only the invalid provision or language shall be severed from the Ordinance and the

remaining provision and language of this Ordinance shall remain in full force and effect.

Adopted 5/14/26

PAGE 15