Resolution Number TMBC1507-09-24 of the Duly Elected and Certified Governing Body of the Turtle Mountain Band of Chippewa Indians
WHEREAS, the Turtle Mountain Band of Chippewa Indians, hereinafter referred to as the Tribe, is an unincorporated Band acting under a revised Constitution and By-Laws approved by the Secretary of the Interior on June 16th, 1959, and amendments approved; and
WHEREAS Article IX – Powers of the Tribal Council Sec. 11 of the Constitution authorizes the Tribal Council of the Turtle Mountain Band of Chippewa Indians to engage in any business that will further the economic well-being of the members of the Tribe or to undertake programs or projects designed for the economic advancement of the people; and
WHEREAS Article IX (a) Section 1 of the Turtle Mountain Constitution and Bylaws empowers the Tribal Council with the authority to represent the Band and to negotiate with the Federal, State, and local government and with private persons; and
WHEREAS Article IX (a) Section 6 of the Turtle Mountain Constitution and Bylaws empowers the Tribal Council with the authority to enact ordinances to provide rules and regulations governing fishing, hunting and trapping on the reservation; and,
WHEREAS Article IX (a) Section 1 of the Turtle Mountain Constitution and Bylaws requires a 30-day comment period prior to the adoption of any ordinances or amendments to the Tribal Code, whether proposed by resolution or otherwise. Adoption must occur through a roll call vote of the Tribal Council at a publicly held meeting; and,
WHEREAS the Tribe is proposing to amend TITLE 35 – FISH AND GAME, adding Chapter 35.08.01 to formally establish the (TMBCI) Department of Natural Resources (DNR); and, within the Tribal DNR, the "Turtle Mountain Parks Division" to manage and oversee Sky Chief Park / Gordon Lake and other nature-based parks under Tribal DNR's jurisdiction; establish Tribal Parks Policy and Mission Statements; establish the Director / Supervisor position to manage the Turtle Mountain Parks Division, and establish the powers, authority, duties and responsibilities of the director(s) under the Tribal DNR / Turtle Mountain Parks Division; establish Tribal DNR Parks policies on Natural Resources Management and Forest Management within Tribal DNR park and recreation areas, including prescriptions and plans for forest harvesting/ renewal of over-aged aspen stands and prescribed burning for hazard reduction and wildlife habitat; establish authorities and policies for Recreation Grant Programs and functions; establish policies and procedures on DNR Parks expenditures through existing departments or agencies; allow Tribal DNR to train and appoint DNR employees and Park Rangers as law enforcement certified peace officers within the boundaries of DNR park and recreation areas to increase public safety and visitor protection; authorize the Tribal DNR Parks Division to provide for and regulate facilities, services, and vendors within the park, charge established fees for camping and park use; require permits for motor vehicles, park visitors and offer free permits to tribal elders; establish rental and campsite fees for tents/vehicle camping and RV camping sites; and establish policies and procedures for the collection of park-use permits, vehicle permits cabin/facility rentals and fees/penalties collected for violation of park rules and regulations.
WHEREAS the Tribe is proposing to further amend TITLE 35 – FISH & GAME adding Chapter 35.08.02 TRIBAL DNR – PARK USE RULES AND PENALTIES in order to formally establish and enforce rules and regulations by the DNR staff in order to establish a safe and healthy park environment for park visitors and users; reduce conflicts and serious incidents within the park; establish non-criminal penalties and citations for violations of park rules and regulations, should enforcement be necessary; provide for the protection of park resources, park facilities, cultural and historical resources, reduce park littering, "dumping" and damage to park amenities, trees and vegetation; restrict the locations and times of fires and fireworks to protect park visitors and resources from destructive wildfires, restrict and regulate animals that are brought into the park, particularly aggressive and dangerous animals; maintain and enforce "quiet hours"; regulate boating, fishing, ATV/UTV/off-highway vehicle and snowmobile use; regulate swimming areas, boat ramps and marinas to maintain visitor safety; prohibit / restrict the use or possession of firearms and dangerous weapons within DNR parks; restrict / prohibit hunting or chasing of and harassment of wildlife; establish rules and regulations for camp sites for visitor / resource protection; establish a "zero tolerance" policy for the possession or use of dangerous narcotics within DNR park and recreation areas; establish regulations for park roads, trails, and vehicles within the park; etc.
WHEREAS the Tribe proposes to place the aforementioned proposed revisions out for a public comment period under Title 35 of the Tribal Code which will create a Turtle Mountain Parks Division under a TMBCI Department of Natural Resources (DNR) as tribal organizations as Chapter 35.08.01 of Title 35 DEPARTMENT OF NATURAL RESCOURCES - TURTLE MOUNTAIN PARKS DVISION; as well as to establish and enforce Tribal DNR Turtle Mountain Parks rules, regulations and penalties under Title 35 Chapter 08.01 TRIBAL DNR PARK USE RULES AND PENALTIES; now
THEREFORE BE IT RESOLVED that the Tribe is approving revisions to Title 35 of the Tribal Code creating under Title 35 Chapter 08.01 a Department of Natural Resources (DNR) and under the DNR, a Turtle Mountain Parks Division as tribal organizations; and Title 35, Chapter 08.01 Tribal DNR - Park Use Rules and Penalties.
CERTIFICATION
I, the undersigned Tribal Secretary of the Turtle Mountain Band of Chippewa Indians, do hereby certify that the Tribal Council is composed of nine (9) members of whom nine (9) constituting a quorum were present at the meeting duly called and held on the 24th day of September 2024 that the foregoing resolution was voted by an affirmative vote of nine (9) in favor – Reps. Elmer Davis, Jr., Blaine 'Slugger' Davis, Kenneth Malaterre, Craig Lunday, JonJon Keplin, Ron Trottier,, Sr., Lynn Gourneau and Chad Counts; none (0) opposed; none (0) absent; with the Chairman not voting.
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Jolean Morin, Tribal Secretary
( ) SIGNED INTO LAW / Dated the ____th day of ___________, 2024
( ) VETOED / Dated this ____th day of ____________, 2024
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Jamie Azure, Tribal Chairman
