Approved Ordinances for the Te-Moak Tribe of Western Shoshone
Last amended: 2003
TITLE I - GENERAL PROVISIONS
Chapter 1. Preliminary Provisions
1-1-1 Constitutional Authority
and Order Code is planned to be adopted Chapter at a time, to insure
an orderly transition from our present ordinance format to this codified
Law and Order Code. This law and Order Code is being adopted pursuant
to the authority vested in the Te-Moak Tribal Council under Article
4, Section 3 (n) of the Te-Moak Constitution as amended and approved
August 26, 1982.
1-1-2 Name of Code
This Law and Order Code shall be known as the Law and Order Code of the Te-Moak Tribes of Western Shoshone Indians of Nevada. Sub-codes and rules included herein may be cited by the name given in the sub-code or rule heading.
1-1-3 Prior Inconsistent Ordinances Repealed
Any and all Ordinances and Resolutions of the Te-Moak Tribe or Bands which in any way conflict with the provisions of this law and Order Code are hereby repealed to the extent that they are inconsistent with or conflict with, or are contrary to the spirit and/or purpose of this Law and Order Code.
1-1-4 C.F.R. No Longer Applicable
Any and all provisions of the Code of Federal Regulations, Title 25, Part II, as presently constituted or hereafter constituted which deal with subject covered in this Law and Order Code or the purpose and/or spirit of this law and Order Code are declared to be no longer applicable to the Te-Moak Tribe Reservations and Colonies.
1-1-5 Amendment of Law and Order Code
This Law and Order Code may be amended, additions made hereto, or deletions made herefrom in the manner provided for the adoption of Tribal Ordinances. Amendments and additions to this Law and Order Code shall become a part thereof, for all purposes and shall be codified and incorporated herein, in a manner consistent with the numbering and organization hereof.
It is hereby declared as a matter of Tribal Policy and legislative determination, that interests and the interest of the Te-Moak Tribe demand that the Tribe provide itself, it's members and other person (s) living within the territorial jurisdiction of the Tribe as set forth in Article 2 of the Constitution of the Te-Moak Tribes of Western Shoshone Indians of Nevada with an effective means to redress in both civil (as defined in Section 3-3-4 of the Tribal Court Ordinance) and criminal cases (as defined in Section 3-3-5 of the Te-Moak Tribal Court Ordinance) against Te-Moak Tribal members and Non-Indian members who through either their residence, presence, business, dealings, actions or failures to act or other significant minimum contacts with our Colonies and Reservations and/or it's residents commit criminal offenses against the Tribe or Reservation incur civil obligations to persons or entitled to the tribe's protection. This action is deemed necessary as a result of the confusion and conflicts caused by the increased contacts and interaction between which the Tribe has not previously elected to exercise jurisdiction. The jurisdictional provisions of this Law and Order Code, to insure maximum protection for the Tribe, its members' and other residents of the South Fork Reservation, Elko Indian Colony, Battle Mountain Indian Colony and Wells Indian Colony, should be applied equally to all persons, members and non-members alike.
1-2-2 Territorial Jurisdiction
(1) The jurisdiction of the Courts of the Te-Moak Tribe shall extend to the territory within the original confines of the South Fork Indian Reservation set forth by the authority Act of May 9, 1935 purchases of May 29, 1937, March 31, 1938, November 14, 1938, December 10, 1938, March 27, 1943 and June 14, 1951. Battle Mountain Colony by executive Order #2639 of June 18, 1917 and Public Law 90-72 (81 STAT. 173) , August 21, 1967. Elko Indian Colony by Executive Order #2824 of March 23, 1918 and Public Law 71-581 (46 STAT. 1046) of July 10, 1931 and Wells Indian Colony by Public Law 95-133 of October 15, 1977 and to such other lands without such boundaries as have been or may hereafter be added to or held in trust for the Tribe under any laws of the United States or otherwise.
(2) The jurisdiction of the Courts of the Te-Moak Tribe shall extend beyond the territorial limitation set forth above, to effectuate the Jurisdictional provisions set forth below, to the greatest extent permissible by law.
1-2-3 Personal Jurisdiction
(1) As used in these jurisdictional provisions, the word "person" shall include any individual, firm, association, or corporation.
1-2-4 Jurisdiction Over Property
Subject to any contrary provisions, exceptions, or limitations contained in either Federal Laws and Regulations, the Tribal Constitution, or as expressly stated elsewhere in this law and Order Code, the Courts of the Te-Moak Tribe shall have jurisdiction over any real or personal property located on the Reservation or Colonies, to determine the ownership of such property to the satisfaction of a claim for which the owner of the property may be liable.
I, the undersigned, as Chairperson of the Tribal Council of the Te-Moak Tribe of Western Shoshone Indians of Nevada do hereby certify that the Te-Moak Council is composed of 9 members of whom 5 constituting a quorum were present at a duly held meeting on the 15th day of July, 1987 and that the foregoing ordinance was duly enacted at such meeting by an affirmative vote of 4 FOR, 0 AGAINST, 0 ABSTENTIONS, pursuant to the authority contained under Article 4, Section 3(j) and (n) of the Constitution of the Te-Moak Tribe of Western Shoshone Indians of Nevada.
[Digitizer's note: At the end of this section is a table of contents for "Tribal Codes," which lists out sections in terms of Titles, such as "Title 1. General Provisions," as opposed to ordinances. It is not digitized here. For assistance accessing this section, contact the National Indian Law Library.]
TITLE I GENERAL PROVISIONS
BE IT ENACTED BY THE TRIBAL COUNCIL OF THE TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA AS FOLLOWS: