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Tribal Code - Sault Ste. Marie Tribe of Chippewa Indians

Enacted July 5, 1995. Including Updates Through 2004.

CHAPTER 61: BARRING INDIVIDUALS FROM TRIBAL LANDS

61.101 Purpose.

The purpose of this Chapter is to establish a procedure for barring individuals from Tribal lands.

 

61.102 Tribal Lands Defined.

For purposes of this Chapter, "Tribal lands" means the area over which the Tribe exercises criminal or civil regulatory jurisdiction, and includes the following:

(1) all lands within the exterior boundaries of the tribe's reservation; and

(2) all lands held in trust for the Tribe by the United States; and

(3) all lands owned by the Tribe which are "dependent Indian communities" under 18 U.S.C. '1151.

 

61.103 Chairman's Order.

(1) The Chairman is authorized to order any person barred from Tribal lands for any reasonable cause related to the welfare of the Tribe, its property, members, business interest or the public interest.

(2) The order barring a person from Tribal lands shall be in writing and may be served upon the individual by Tribal police or other adult person. The order barring an individual shall be limited to a period of time of one year or less, and may be limited to a particular place.

 

61.104 Review Hearing.

(1) A person barred from Tribal lands is entitled to a hearing to review the order barring the person from Tribal lands before the Tribal Board of Directors upon request. The request shall be made orally or in writing to the Secretary of the Board of Directors. The hearing shall be held at the next regular Board of Directors meeting after the request is received.

(2) At the hearing, the individual who is barred may make argument and present evidence or testimony on his or her own behalf, or be represented by another person.

 

61.105 Discretion; Factors to Consider.

(1) The determination to bar an individual from Tribal lands is a policy matter in the discretion of the Chairman and, upon review, the Board of Directors.

(2) In exercising this discretion, the Chairman and Board of Directors should consider:

(a) the interest of the individual as a member or non-member, resident or relative of a resident of Tribal lands;

(b) the nature of the conduct or circumstances giving rise to the barring;

(c) the interest of the Tribe and other residents or visitors to the Tribal lands; and

(d) the public interest of the Tribe.

 

61.106 Finality of Review.

The Board of Directors determination upon review is final.

 

61.107 Disclaimer.

This Chapter does not limit the power of an individual resident, the manager of a Tribal enterprise or the Tribal employee in charge of a particular place to bar an individual from that place.

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