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Oglala Sioux Tribe: Law and Order Code

Last amended: 1996; New Ordinances Received: 2002.

CHAPTER 24

HISTORIC SITE PRESERVATION



SECTION 1. The Oglala Sioux Tribal Executive Committee is hereby authorized to designate, from time to time, areas of historic interest and value on the Pine Ridge Reservation as Historic Sites.

SECTION 2. No construction, reconstruction, alteration, or razing of any building or structure of any type or any other change in the appearance of any tract shall take place within the Historic Site without a permit issued by the Tribal Executive Committee, as provided by Section 3 and Section 4 below.

SECTION 3. Any person who wishes to engage in any construction , reconstruction, alteration or razing of any building or structure of any type or any change in the appearance of any tract within a Historic Site shall apply for a permit for such construction, reconstruction , alteration or razing or change from the Tribal Executive Committee at least sixty (60) days prior to the proposed construction, reconstruction, alteration or razing or change. Such application shall include plans of the proposed construction, reconstruction, alteration, or razing or change, and a statement as to the impact of the proposed construction, reconstruction, altering, razing or change on the historic interest and value of the Historic Site. The plans shall be prepared by a licensed architect, unless the Tribal Executive Committee shall waive this requirement.

SECTION 4. The Tribal Executive Committee shall determine if proposed construction, reconstruction, alteration or razing or changing will adversely affect the historic interest or value of a Historic Site. The Tribal Executive Committee may reasonably request further information with respect to any application pursuant to this Ordinance in order to make its determination. If the Tribal Executive Committee determines the proposed construction, reconstruction, alteration, razing or changing will not adversely affect the historic interest and value of a Historic Site, or for other reasons which the Tribal Executive Committee may, in its discretion, rely upon, it shall issue a permit as applied for or with such modifications or conditions as it may in its discretion, deem appropriate.

SECTION 5. A decision by the Tribal Executive Committee under Section 4 may be appealed to the Tribal Court within ten days of such decision. Tribal Court may, after according opportunity for hearing, affirm, modify, or vacate a decision by the Tribal Executive Committee and its decision shall be final.

SECTION 6. If any person engages or causes to be engaged in any construction, reconstruction, alteration, razing or changing without, or in violation of the terms of the permit required by this Ordinance, the Tribal Executive Committee may apply to the Tribal Court for an order enjoining such construction, reconstruction, alteration, razing or changing. Such order may, upon a showing of need, be granted without notice to the person who is the subject of injunction. The Tribal Police shall be empowered to enter upon site of construction, reconstruction, alteration, razing or change and enforce the Tribal Court injunction.

SECTION 7. The person who is the subject of an order issued without his appearance under Section 6 may apply for a rehearing by the Tribal Court within ten (10) days of the issuance of such order. The Tribal Court may, after affording the opportunity for a rehearing, affirm, modify, or vacate its previous order and this decision or rehearing will be final.

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