46.01.050 Definition of Terms

(a) "Business License" mean a license issued pursuant to the Turtle Mountain Band of Chippewa Tribal Business Licenses Code under Title 18.

(b) "Cease and Desist Order" means an Order issued by the Tribal Court to a Person directing such Person to cease an act or activity following the presentation to the Court of satisfactory evidence that a violation of the laws and regulations of the Turtle Mountain Band of Chippewa has or is about to occur.

(c) "Construction" means any activity that is directly related to building or renovating a Structure. Construction does not include minor repairs to existing Structures.

(d) "Construction PermiT" means the final Permit issued by the Tribal Council authorizing a Person to initiate Construction of a Structure on the Turtle Mountain Reservation.

(e) "Declaration" means a formal response from any Infrastructure Department Director that there is a potential impact from a planned Project or that the Department has a vested interest in the Project.

(f) "Design Permit" means the approval issued by the Tribal Council to a Person which authorizes a Person to proceed with the design or engineering of a Project on the Turtle Mountain Reservation.

(g) "Designated Director(s)" means any Tribal department director of a Department listed in Section 3.l.. herein who is responsible to represent their respective program where impacts from a planned Project are express or implied.

(h) "Employee" means any person that is employed by the Turtle Mountain Band of Chippewa.

(i) "Exterior Boundaries of the Turtle Mountain Band of Chippewa Indian Reservation" means all areas encompassing the exterior boundaries of the Turtle Mountain Band of Chippewa Indian Reservation (the geographic extent of which is defined in the Constitution of the Turtle Mountain Band of Chippewa) as well as such areas which hereafter may be acquired by or for the Turtle Mountain Band of Chippewa or its members.

(j) "External Organization" means any organization, agency or governmental entity not listed in the tribal financial system or which is not subject to the TMBC Employee Policy and Procedures.

(k) "Federal Acquisition Requirements" means the governing law when dealing with tribal lands and relative issues.

(l) "Infrastructure Department" herein means any department employed or utilized by the Turtle Mountain Band of Chippewa such departments would include, but are not limited to, the following:

(1) Environmental Protection;

(2) Housing;

(3) Land Realty;

(4) Public Utilities.

(5) Transportation;

(6) Tribal Employment Rights Office;

(7) Water Resources.

(m) "Internal Organization" means any Tribal department or program listed under the TMBC financial system and/or whose employees are subject to the TMBC Employee Policy and Procedures.

(n) "Notification" means a formal invitation to Infrastructure Departments to participate in all planning and project meetings.

(o) "Permit" refers to the authorization issued by the Tribal Council to a Person to proceed with the design or engineering plans for a Construction Project or the authorization by the Tribal Council to begin Construction of a Structure on the Reservation. A Design and Construction Permit shall be valid for one year and, upon application to the Tribal Council, may be extended up to an additional year upon a showing to the Tribal Council that the Project can be designed or completed within the additional time.

(p) "Permit Application" means the written form and associated documents provided by the TERO Office and presented by a Person to seeking a Design Permit or Construction Permit from the Tribal Council which sets out sufficient information describing a planned Project for the Tribal Council to consider the request.

(q) "Person" means a natural person, a tribal employee, any business partnership, limited partnership, joint venture, firm, association, corporation, cooperative, or any other entity.

(r) "Project" means a Structure located on the Turtle Mountain Reservation, or the planned rehabilitation or modification of an existing Structure (other than minor repairs), that requires a Permit under this Ordinance.

(s) "Right of Way" means the right to access a strip of land, measured in feet, that is required for a Project to permit entry and egress to an existing or planned Structure or area.

(t) "Structure" means a permanent or temporary building, or any piece of work, including pre-fabricated units, which are installed on, above, or below the surface. The term Structure also includes roads.

(u) "Tribal Court" means the Tribal Court of the Turtle Mountain Band of Chippewa.

(v) "Turtle Mountain Band of Chippewa Indian Reservation" means all areas encompassing the exterior boundaries of the Turtle Mountain Band of Chippewa Indian Reservation (the geographic extent of which is defined in the Constitution of the Turtle Mountain Band of Chippewa) as well as such areas which hereafter may be acquired by or for the benefit of the Turtle Mountain Band of Chippewa or its members.

(w) "Waiver" means that a Tribal Infrastructure Departments declaration that it has determined that there are no likely impacts or vested interests that require their participation in reviewing plans or participation in discussions concerning a particular Project.