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Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Montana - Comprehensive Code of Justice

Most recent update received : June 2024

The tribe makes their code available online. The link below will take you to the version of the code available on the tribal court's website.

Fort Peck Tribes Comprehensive Code of Justice

Table of Contents

Title 1  General Provisions
Chapter 1. Definitions

Title 2  Courts
Chapter 1. The Fort Peck Tribal Court
Chapter 2. Fort Peck Court of Appeals
Chapter 3. Justices and Judges
Chapter 4. Court Administration
Chapter 5. Attorneys and Lay Counselors
Chapter 6. Tribal Court Prosecutor and Public Defender

Title 3  Government Organization
Chapter 1. Assiniboine and Sioux Tribal Flag
Chapter 2. Police and Law Enforcement
Chapter 3. Tribal Jail
Chapter 4. Extradition
Chapter 5. Parks
Chapter 6. Relationships with Other Governments
Chapter 7. Exclusion from the Fort Peck Reservation

Title 4  Enrollment
Chapter 1. Enrollment Ordinance No. 1
Chapter 2. Enrollment Procedure

Title 5  Elections
Chapter 1. Election Procedures
Chapter 2. Eligibility for and Filing for Tribal Office
Chapter 3. Removal of Members of the Tribal Executive Board
Chapter 4. Eligibility for and Filing for the Office of Judge

Title 6  Criminal Procedures
Chapter 1. Complaint
Chapter 2. Arrests
Chapter 3. Searches
Chapter 4. Arraignment and Release
Chapter 5. Trial Proceedings
Chapter 6. Sentences
Chapter 7. Probation and Parole
Chapter 8. Sex Offender and Violent Offender Registration Ordinance
Chapter 9. Expungement and Pardon
Chapter 10. Fort Peck Wellness Court Programs
Chapter 11. Traffic Court Procedure
Chapter 12. Fort Peck 24/7 Sobriety and Drug Monitoring Program Ordinance
Chapter 13. Surveillance by Unmanned Aerial Vehicle

Title 7  Criminal Offenses
Chapter 1. General Provisions
Subchapter A. General Provisions
Subchapter B. Defenses
Subchapter C. Inchoate Offenses
Chapter 2. Crimes Against Persons
Subchapter A. Homicide and related offenses
Subchapter B. Kidnaping and Related Offenses
Subchapter C. Sexual Trafficking
Subchapter D. Sexual Offenses
Subchapter E. Assault and Related Offenses
Subchapter F. Crimes Against the Family
Chapter 3. Crimes Against Property
Subchapter A. Arson
Subchapter B. Burglary and Related Offenses
Subchapter C. Theft and Related Crimes
Subchapter D. Forgery
Subchapter E. Subsidized Tribal Permits and Leases
Subchapter F. Void Liens
Chapter 4. Crimes Against the Public Order
Subchapter A. Explosives and Weapons Offenses
Subchapter B. Alcohol, Drugs and Related Offenses
Subchapter C. Offenses Involving Governmental Processes
Subchapter D. Disorderly Conduct and Related Offenses
Subchapter E. Gambling
Subchapter F. Exploitation of minors and others
Subchapter G. Violations of Regulatory Provisions
Subchapter H. Obscenity and Related Offenses
Subchapter I. Gang Ordinance
Chapter 5. Penalties
Chapter 6. Social Host Ordinance

Title 8  Civil Procedures
Chapter 1. Pre-trial Procedures
Chapter 2. Trials
Chapter 3. Judgments
Chapter 4. Extraordinary Writs and Special Remedies
Chapter 5. Applicable Laws
Chapter 6. Statute of Limitations

Title 9  Youth Code
Chapter 1. General Provisions
Chapter 2. Youth Offender
Chapter 3. Court Procedures
Chapter 4. Abused, Neglected, Abandoned or Dependent Youth
Chapter 5. Court Procedures
Chapter 6. Report of Youth Abuse, Neglect, Dependency and Abandonment
Chapter 7. Indian Child Welfare Act Transfers
Chapter 8. Termination of Parent-Youth Relationship
Chapter 9. Guardians of Minors
Chapter 10. Emancipation

Title 10 Family Code
Chapter 1. Adoption
Chapter 2. Marriage
Chapter 3. Annulment and Divorce
Chapter 4. Change of Name
Chapter 5. Paternity

Title 11 Involuntary Commitment
Chapter 1. Procedures for the Involuntary
Chapter 2. Involuntary Commitment of Alcoholic and Drug or Chemically Dependent Persons

Title 12 Probate and Guardianship
Chapter 1. Probate
Chapter 2. Guardianship and Powers of Attorney

Title 13 Indian Employment and Contracting Preferences
Chapter 1. Definitions
Chapter 2. Establishment
Chapter 3. Tribal Employment Rights Review Board
Chapter 4. Business Licensing, Registration; Employment Preference; and Work Permits
Chapter 5. Contracting and Subcontracting Preference; Registration; Contracting Plan
Chapter 6. Voluntary Indian Preference
Chapter 7. Liaison Officers

Title 14 Health and Sanitation
Chapter 1. Disease Control
Chapter 2. Waste Disposal and Sewage Facilities
Chapter 3. Sanitation Requirements for Restaurants
Chapter 4. Fire Prevention
Chapter 5. Dogs and Pets
Chapter 6. Tribal Board of Health
Chapter 7. Sexually Transmitted Diseases
Chapter 8. Right of Disposition of Remains

Title 15 Landlord and Tenant – Forcible Detainer and Eviction
Chapter 1. Jurisdiction
Chapter 2. Grounds and procedure for forcible detainer or eviction
Chapter 3. Judicial eviction procedures

Title 16 Tribal Education Code
Chapter 1. General Provisions
Chapter 2. Tribal Education Department
Chapter 3. School Board and Governing Bodies
Chapter 4. Curriculum and Education Standards
Chapter 5. Parental and Community Involvement
Chapter 6. Educators
Chapter 7. Indian Preference
Chapter 8. Chartered Educational Programs and Chartered Schools
Chapter 9. Home School

Title 17 Highways
Chapter 1
Sec. 101. Driving without a license.
Sec. 102. Permitting an unauthorized minor to drive.
Sec. 103. Driving with vehicle in unsafe condition.
Sec. 104. Starting, turning and stopping without regard to safety.
Sec. 105-A. Speeding - commercial motor vehicle.
Sec. 105. Speeding.
Sec. 106. Reckless or careless driving.
Sec. 106-A. Fleeing from or eluding law enforcement officer.
Sec. 107. Driving a motor vehicle while under the influence of intoxicating liquor or drugs.
Sec. 107-A. Driving a motor vehicle while under the influence of intoxicating liquor or drugs.
Sec. 107-B. Driving a motor vehicle while under the influence of intoxicating liquor or drugs - Aggravated.
Sec. 108. Chemical blood, breath, or urine tests.
Sec. 109. Admissibility of evidence.
Sec. 110. Failure to drive on right side of roadway.
Sec. 111. Following too closely.
Sec. 112. Overtaking a vehicle without regard for safety.
Sec. 113. Failure to stop for school bus flashing lights.
Sec. 114. Failure to give right-of-way.
Sec. 115. Stopping, standing or parking on highway.
Sec. 116. Obstruction to driver's view or driving mechanism.
Sec. 116-A. Windshields required - unobstructed and equipped with wipers - window tinting and sunscreening.
Sec. 117. Riding on fenders, bumpers, hoods, or other exterior parts of motor vehicles, and attachment to the exterior parts of motor vehicles.
Sec. 118. Pedestrians on roadways without regard for safety.
Sec. 119. Unlawful use of or tampering with a motor vehicle.
Sec. 120. Abandonment of motor vehicle.
Sec. 121. Driving in violation of an order of the Court.
Sec. 122. Emergency medical assistance.
Sec. 123. Duties in the event of accident.
Sec. 124. Law officers to report accidents.
Sec. 125. Traffic violations procedures.
Sec. 126. Notification of parents or guardians of juvenile traffic offenders.
Sec. 127. Penalties not otherwise prescribed.
Sec. 128. Right of appeal.
Sec. 129. Statute of limitations.
Sec. 130. Child restraint systems.
Sec. 131. Safety belt use required.
Sec. 132. Mandatory financial responsibility.
Sec. 132-A. Mandatory vehicle license/registration
Sec. 133. Parking in restricted areas.
Sec. 134. Headgear required for minor motorcycle riders.
Sec. 135. Lighting equipment
Sec. 136. Liens – motor vehicle towing and storage
Sec. 137-138. Reserved.
Sec. 139. Hand-held electronic communications device use prohibited.
Sec. 140. Purpose.
Sec. 141. Maximum gross weight
Sec. 142. Penalties

Title 18 Livestock
Chapter 1. Livestock Trespass
Chapter 2. Livestock-At-Large on Highways

Title 19 Game and Fish Management
Chapter 1. Scope and Application
Chapter 2. Permits
Chapter 3. Limits and Seasons
Chapter 4. Restrictions on Hunting
Chapter 5. Restrictions on Fishing
Chapter 6. Remedies for Destruction of Property by Hunter, Fisherman, or Trapper
Chapter 7. Administration and Enforcement

Title 20 Water Resources Use and Administration
Chapter 1. General Provisions
Chapter 2. Notice of Enactment of this Code
Chapter 3. Water Resources Control Commission
Chapter 4. Applications for Water Permits
Chapter 5. Hearings
Chapter 6. Water Permits
Chapter 7. Revocation of Water Use Permits
Chapter 8. Priority of Tribal Uses in Times of Shortage and Resolution of Disputes Among Users of Tribal Water Right
Chapter 9. Appeals
Chapter 10. Water Administrator
Chapter 11. Transfer of Rights to Use Water
Chapter 12. Miscellaneous Provisions
Chapter 13. Assiniboine and Sioux Tribes Municipal, Rural & Industrial (MR&I) Water Commission

Title 21 Floodplain and Floodway Management Ordinance
Intent
Statutory Authority
Adoption
Chapter 1. Title and Purpose
Chapter 2. Definitions
Chapter 3. General Provisions
Chapter 4. Administration
Chapter 5. Specific Standards
Chapter 6. General Standards
Chapter 7. Flood-Proofing Requirements

Title 22 Protection of the Environment
Chapter 1. Fort Peck Underground Storage Tank Code
Chapter 2. Underground Injection Control
Subchapter 1. General Provisions
Subchapter 2. General Underground Injection Control Program Requirements
Subchapter 3. Underground Injection Control Permit Requirements
Subchapter 4. UIC Permitting Procedures
Subchapter 5. UIC Technical Criteria and Standard
Subchapter 6. Enforcement
Subchapter 7. Appeals
Subchapter 8. Public Hearings
Subchapter 9. Miscellaneous
Chapter 3. Solid Waste Code
Subchapter 1. General Provisions
Subchapter 2. Responsibilities of Persons owning or occupying dwellings, businesses or other property
Subchapter 3. Office of Environmental Protection
Subchapter 4. Public Works Board
Subchapter 5. Operation and Maintenance
Subchapter 6. Solid Waste Plan
Subchapter 7. Storage
Subchapter 8. Collection, Transport and Disposal
Subchapter 9. Permitting
Subchapter 10. Fees
Subchapter 11. Enforcement
Subchapter 12. Violations, Criminal and Civil Penalties
Subchapter 13. Limitations
Chapter 4. Assiniboine and Sioux Tribes Standards for Subsurface Wastewater Treatment Systems

Title 23 Taxation
Chapter 1. Oil and Gas Tax
Chapter 2. Privilege of Operating Construction Business Tax
Chapter 3. Utilities Tax
Chapter 4. Basic Gasoline License Tax
Chapter 5. Basic Liquor, Beer and Wine License Tax
Chapter 6. Cigarette Tax and Tax on Other Tobacco Products

Title 24 Commercial Law
Chapter 1. General Provisions and Definitions
Subchapter A. General Provisions
Subchapter B. General Definitions
Chapter 2. Sales
Chapter 3. Commercial Paper
Chapter 4. Bank Deposits and Collections
Chapter 5. Letters of Credit
Chapter 6. Bulk Transfers
Chapter 7. Warehouse Receipts, Bills of Lading and other Documents of Title
Chapter 8. Repossession of Personal Property
Chapter 9. Secured Transactions; Sales of Accounts and Chattel Paper
Chapter 10. Nonprofit Corporations
Chapter 11. Corporation Code
Supchapter A. Application
Subchapter B. Incorporation; Articles
Subchapter C. Powers
Subchapter D. Organization; By-Laws
Subchapter E. Board
Subchapter F. Officers
Subchapter G. Shares; Shareholders
Subchapter H. Loans; Obligations; Distributions
Subchapter I. Merger, Exchange, Transfer
Subchapter J. Dissolution
Subchapter K. Extension
Subchapter L. Corporate Registration
Subchapter M. Actions Against Corporations
Subchapter N. Corporations Wholly Owned By The Tribe
Subchapter O. Effective Date and Authority
Chapter 12. Limited Liability Company Act

Title 25 Foreclosure of Mortgages and Liens on Real Estate
Chapter 1.
Sec. 101. Jurisdiction
Sec. 102. Definitions
Sec. 103. Scope
Sec. 104. Recording
Sec. 105. Proceedings in Tribal Court
Sec. 106. The hearing and judgement on the foreclosure complaint
Sec. 107. Judgement of the Court
Sec. 108. Foreclosure sales
Sec. 109 Deficiency judgement
Sec. 110. Right of redemption
Sec. 111. Non-HUD mortgagor’s possession of lands during the period of Redemption
Sec. 112. Cure of default
Sec. 113 Foreclosure evictions
Sec. 114. No merger of estates
Sec. 115. Intervention

Title 26 Tribal-State Agreements Oversight Commission
Chapter 1. Ordinance establishing
Sec. 101. Creation of Commission
Sec. 102. Composition of the Commission, appointment and term
Sec. 103. Qualifications of Commission members
Sec. 104. Oath of Office
Sec. 105. Duties of the Commission
Sec. 106. Compensation and bond of Commission members
Sec. 107. Suspension and removal of Commission members
Sec. 108. Disqualification of Commission member in particular cases

Title 27 Licensing and Regulation of Bingo and other Games of Chance
Chapter 1. Findings
Chapter 2. Definitions
Chapter 3. Class 1 Gaming
Chapter 4. Licensing Class 2 and Class 3 Gaming
Chapter 5. Class 3 Gaming
Chapter 6. Self-Regulation of Gaming Activities
Chapter 7. National Indian Gaming Commission

Title 28 Cigarette Retailer and Licensing
Chapter 1. License Applications
Sec. 101. License required
Sec. 102. Application for license
Sec. 103. Contents of applications
Sec. 104. Fees
Sec. 105. Initial licensing determination by Commission
Sec. 106. Conditions of licenses
Sec. 107. Challenges to initial determinations
Sec. 108. Hearing
Sec. 109. Revocation, suspension or alteration of licenses
Sec. 110. Appeals
Sec. 111. Finality of decisions
Sec. 112. Enforcement and recordkeeping
Sec. 113. Prohibited acts
Sec. 114. Civil remedies
Sec. 115. Criminal offenses

Title 29 Adult Protection
Chapter 1. Purpose and Definitions
Chapter 2. Report of Abuse
Chapter 3. Investigation and Provisions of Protective Services
Chapter 4. Self-endangerment
Chapter 5. Lack of Capacity to Consent to Protective Services
Chapter 6. Record keeping and Access to Records
Chapter 7. Penalties for Abuse

Title 32 Cultural Resource Protection Ordinance
Chapter 1. General Provisions
Chapter 2. Definitions
Chapter 3. Cultural Preservation Officer
Chapter 4. The Cultural Preservation Board
Chapter 5. Confidentiality and Disclosure
Chapter 6. Presumption of Cultural Resources
Chapter 7. Application for a Permit
Chapter 8. Identification and Evaluation
Chapter 9. Permit Determination
Chapter 10. Complaint and Hearing Procedure
Chapter 11. Penalties
Chapter 12. Appeals Procedure
Chapter 13. Implementation of the Native American Graves Protection and Repatriation Act and Other Federal Laws
Chapter 14. Sovereign Immunity

Title 33 Fort Peck Tribal Executive Board Code of Ethics
101. Purpose.
102. Removal Ordinance.
103. Definitions.
104. Ethical Obligations of Board Members.
105. Investigation of Complaints for Violations of this Code.
106. Decision by the Board.
107. Sanctions.
108. Determination to be Final.

APPENDICES:
Appendix 1 - 2013 Constitution and Bylaws of the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation
Appendix 2 - Rules of Civil Procedure Fort Peck Tribal Court
Appendix 3 - Rules of Procedure in the Court of Appeals
Appendix 4 - Code of Ethics for Court Clerks
Appendix 5 - Code of Ethics for Attorneys and Lay Counselors
Appendix 6 - Fort Peck Tribal Court Code of Judicial Conduct
Appendix 7 - Rules of Procedure for Judicial Conduct Commission