Yankton Sioux Tribal Code
TITLE X - YANKTON SIOUX TRIBAL EXCLUSION AND REMOVAL CODE
Sec. 10-1-1 Statement of Tribal Council Determination and Intent
The Yankton Sioux Tribal Council hereby finds and determines that it is necessary to provide a means whereby the Tribe can protect itself, its members, and other persons living on the Reservation, from people whose presence on the Reservation is harmful to, or threatens harm to, the peace, health, safety, morals, general welfare or environmental quality of life of the Reservation. Such action is deemed necessary as a result of the Tribes' interest in maintaining the aforementioned interests free from harm, to protect the cultural identity of the Tribe, and to protect those residents of the Reservation who may be imposed upon, harmed or otherwise disadvantaged. The procedures outlined herein are intended to provide procedural fairness to persons affected by these provisions while at the same time recognizing the need, in appropriate situations, to act immediately to remedy actual or threatened harm.
This Title is enacted pursuant to federal case law as described in the Source note in Sec. 3-1-56.2 of the Yankton Sioux Tribal Criminal Code.
Sec. 10-1-2 Persons Subject to Exclusion and Removal
All persons, real or artificial (including corporate entities), whether or not they be owners of land located within the exterior boundaries of the Reservation or who are or who are not legally entitled to reside on said Reservation as a result of their having established a permanent domicile or permanent employment on said Reservation, may be excluded or removed from all or any portion of the Reservation as provided herein.
Sec. 10-1-3 Grounds for Exclusion and Removal
Any real or artificial person subject to exclusion and removal as provided herein may be excluded or removed from the territory within the jurisdiction of the Yankton Sioux Tribe upon any one or more of the following grounds:
A. Hunting, fishing or trapping on the Reservation without authority from the Tribe or contrary to the rules and regulations of the Tribe governing such activities;
B. Trading or conducting business upon the Reservation in violation of Tribal regulations or regulations of the Secretary of the Interior;
C. Prospecting upon the Reservation without authority from the Tribe or the Secretary or the Interior;
D. Mining, cutting lumber, grazing or other use, abuse or damage to Tribal property without authority from the Tribe or the Secretary of the Interior;
E. Exploring for or excavating upon items, sites, or locations of historic, religious or scientific significance without authority from the Tribe or in violation of federal laws or regulations;
F. Being or traveling upon the Reservation while afflicted by a communicable or contagious disease or having or maintaining in their possession any substance, material, refuse, trash, or any other material that may contain communicable or contagious diseases;
G. Committing frauds, confidence games, or usury against Indian people residing on the Reservation, or inducing them to enter into grossly unfavorable contracts of any kind;
H. Doing or threatening to do any act upon the Reservation which seriously threatens the peace, health, safety, morals or general welfare of the Tribe, its members, or other persons living on the Reservation; or
I. Doing or threatening to do any act upon the Reservation which seriously threatens the environment of the land, water, natural resources, air, or any other natural land or topographical feature on the Reservation or which would in any way threaten the environmental quality of life for the Tribe, its members, or other persons living on the Reservation.
Sec. 10-1-4 Proceedings for Exclusion and Removal
Upon complaint by the Tribal Attorney of the Yankton Sioux Tribe, the Tribal Court may determine whether a real or artificial person has committed any of the aforementioned acts constituting grounds for exclusion and removal and whether or not the removal and/or exclusion of such real or artificial person is to be ordered. Such proceedings shall be conducted as provided below. An order of exclusion and/or removal may be entered by the Tribal Court.
Sec. 10-1-5 Emergency Exclusion and Removal Without Prior Hearing
A. Whenever the Tribal Court finds that there is an immediate need to order the exclusion and/or removal of a real or artificial person from the Reservation and that the granting of notice and opportunity to be heard to such real or artificial person prior to making such order would cause a delay seriously detrimental to the interests of the Tribe, its members, or the other residents of the Reservation, the Tribal Court shall immediately order such exclusion and/or removal and provide the notice and opportunity for review of such decision outlined below.
B. Whenever the exclusion and/or removal of a real or artificial person is ordered without a prior hearing as provided herein, the person shall be served with a notice of such action. Such notice shall state the nature and extent of the exclusion and/or removal so ordered, shall state the reasons why no prior hearing was held, shall inform the person that once he has complied with the order, he may immediately petition the Tribal Court for a hearing to reconsider the order, that he may be represented by counsel at such hearing and present evidence in his own defense, and shall inform him that his compliance with such order may be enforced by Tribal or government police officers. A copy of the order shall be served with the notice and such service may be accomplished by personal service or if personal service is not reasonably possible, by mailing to the person by United States registered mail, return receipt requested, at his last known address.
C. Upon receipt of a petition for a hearing as provided next above, the Tribal Court shall schedule a hearing to allow the person to present evidence. Such hearing shall be held within two (2) weeks of the receipt of the petition, provided, however, that the order of exclusion and/or removal shall remain in full force and effect pending hearing and a decision thereon, except for purposes of attending a hearing.
D. The Tribal Court shall, as a result of such hearing, either affirm, modify or rescind its previous order, and shall give the person notice of such decision in the same manner as provided for service of the notice above.
Sec. 10-1-6 Hearing on Exclusion and Removal in Non-Emergency Situations
A. In all other cases of exclusion and/or removal, the Tribal Attorney shall cause to be served a copy of the petition and a notice of hearing upon the person involved either by personal service, or if such service is not reasonably possible, by registered mail, return receipt requested, at the last known address of such person. Such notice shall contain the date and time of the hearing, which shall be held not less than three (3) days from the date of service, and shall further inform him that he may appear with counsel if he so desires, and present evidence on his own behalf.
B. The hearing on a proposed exclusion and/or removal may be held at a regular session of the Tribal Court.
C. The Tribal Court shall hear the evidence presented and shall, if appropriate, order the exclusion and/or removal of the real or artificial person. If the real or artificial person is not present at such hearing, or if a decision thereon is not rendered until after the hearing, appropriate notice shall be served on the real or artificial person in the manner provided above, informing him of the action of the Tribal Court and shall include a copy of any order of exclusion and/or removal which affects such real or artificial person.
Sec. 10-1-7 Review of Orders of Exclusion and Removal
A. The Appellate Court shall have exclusive authority to hear appeals from orders of exclusion and/or removal after a hearing has been held thereon before the Tribal Court.
B. The Tribal Appellate Court shall have authority to stay an order of exclusion and/or removal upon such conditions of security as it deems just and proper only if all prior hearing remedies have been exhausted, and only if no substantial interest of the Tribe, its members, or other residents of the Reservation will be harmed thereby.
C. All orders of exclusion and/or removal shall remain in full force and effect during periods of hearing or review unless stayed as provided herein.
Sec. 10-1-8 Enforcement of Orders of Exclusion and Removal
All law enforcement officers of the Yankton Sioux Tribe and the U.S. Government are hereby empowered to carry into effect any exclusion and/or removal order of the Tribal Court according to the terms of such order.