Resolution Number TMBC1092-04-26 of the Duly Elected and Certified Governing Body of the Turtle Mountain Band of Chippewa

WHEREAS, the Turtle Mountain Band of Chippewa Indians, hereinafter referred to as the Tribe, is an unincorporated Band of Indians acting under a revised Constitution and bylaws approved by the Secretary of the Interior on June 16, 1959, and amendments thereto approved; and

WHEREAS, Article IX (a) Section 1the Turtle Mountain Constitution and Bylaws empowers the Tribal Council with the authority to represent the Band and to negotiate with the Federal, State and local governments and with private persons; and

WHEREAS, Article XIII section 2 of the Turtle Mountain Constitution and Bylaws allows for amendment of the Constitution by a petition of twenty percent of the qualified voters or by and affirmative vote of five of the Tribal Council members; and

WHEREAS, the Tribal Council proposes the adoption of an Emergency Management Act to provide the community with resources and plans to respond to emergency situations; and

WHEREAS, the Emergency Management Act was out for a 30-day public comment period and no comments were received; and

THEREFORE BE IT RESOLVED that the Tribe is approving the Tribal Emergency Management Act as Title 65 of the Turtle Mountain Tribal Code in its entirety; now

BE IT FURTHER RESOLVED that the Emergency Management Act will be numbered in the Tribal Code accordingly.

CERTIFICATION

I, the undersigned Tribal Secretary of the Turtle Mountain Band of Chippewa Indians, do hereby certify that the Tribal Council is composed of nine (9) members of whom seven (7) constituting a quorum were present at a meeting duly called, convened and held on the 23rd day of April, 2026, that the foregoing resolution was adopted by an affirmative vote of all six (6) in favor – Representatives Chad Counts, Lynn Gourneau, Craig Lunday, Jon Jon Keplin, Ron Trottier Sr. and Elmer Davis Jr.; two (2) absent- Reps. Kenneth Malaterre and Blaine "Slugger" Davis; none (0) opposed; with the Tribal Chairman not voting.

______________________________

Jolean A. Morin, Tribal Secretary

( ) SIGNED INTO LAW/Dated this____day of _____________, 2026

( ) VETOED/Dated this_____day of ______________, 2026

_____________________________

Jamie Azure, Tribal Chairman

Emergency Management Response Act

I. TITLE AND CODIFICATION

This Act shall be known as the Turtle Mountain Band of Chippewa Indians Emergency Management Response Act.

II. AUTHORIZATION

Article IX, Sections (a) (2-6) of the Turtle Mountain Band of Chippewa Indians Constitution ("Constitution") grants the Tribal Council the power to make laws, including codes, ordinances, resolutions, and statutes.

III. PURPOSE AND INTENT

The purpose and intent of this Act is to provide for the preparation and implementation of a comprehensive Tribal Emergency Management Plan to mitigate, prepare for, respond to, and recover from injury and damage to persons or property resulting from emergencies or disasters.

IV. AUTHORIZATION AND THE CREATION OF AN EMERGENCY MANAGEMENT DEPARTMENT

(a) The Turtle Mountain Band of Chippewa Indians creates the Turtle Mountain Band of Chippewa Indians Emergency Management Department.

(b) The Emergency Management Department is responsible for enforcing this title.

(c) The Tribe creates the Position of Emergency Manager of the TMBCI Emergency Management Department who shall oversee the administration of this title and the staff of the Department.

(d) The Emergency Manager shall be directly accountable to the Chairman and/or designee.

A. DEFINITIONS

“TMBCI EMERGENCY MANAGEMENT PLAN” means a written comprehensive plan with elements that address all natural and man-made emergencies and disasters to which the Tribe is vulnerable which specifies the purpose, organization, responsibilities, capabilities and facilities of agencies, departments, and officials of the Tribe in the mitigation of, preparation for, response to, and recovery from emergencies and disasters.

“DISASTER” means an event or set of circumstances which demand immediate action to preserve public health, protect life or property, or to provide relief for the Tribe and or the Tribal community affected by such events or set of circumstances, including but not limited to an event or set of circumstances which reaches such dimension or degree of destructiveness as to warrant the Chairman of the TMBCI to declare a state of emergency pursuant to tribal law, the Governor of the state of North Dakota to declare a state of emergency pursuant to state law, or the President of the United States to issue an emergency determination under section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C §§ 5121-5207 (the “Stafford Act”), such as acts of God, enemy or hostile governmental action, civil commotion, fire or other casualty, and pandemic or epidemic.

“EMERGENCY” means a disaster, and shall also include an incident that requires typical police, fire, rescue, or emergency medical services.

“TMBCI TRIBAL FACILITIES” means all buildings, structures or other areas used for the operation of the Turtle Mountain Tribal government or Tribally-owned businesses, enterprises, or services located on or off TMBCI Tribal Lands.

“TMBCI TRIBAL LANDS” means all lands over which the Tribe exercises jurisdiction, including but not limited to, its Reservation, other lands held in trust for the Tribe by the United States, and all of the Tribe’s “Indian Country” as defined by 18 U.S.C. § 1151, including but not limited to lands owned in fee by the Tribe wherever located.

“TRIBE” means the Turtle Mountain Band of Chippewa Indians (TMBCI).

B. TRIBAL EMERGENCY MANAGEMENT PLAN

(a) The Tribal Council shall cause to be prepared and updated as needed on a periodic basis, a comprehensive Tribal Emergency Management Plan.

(b) The Tribal Emergency Management Plan shall coordinate the response of emergency personnel and supporting services of the Tribe in the event of an emergency or disaster and during the aftermath thereof. Its purpose is to save lives, and protect public health, safety, property, the economy, the environment, culture, and history of the Tribe.

(c) The Tribal Emergency Management Plan shall follow tribal and local emergency management best practices, including the Federal Emergency Management Agency (FEMA) Comprehensive Preparedness Guide (CPG 101), and any other federal and state guidelines that relates to emergency management best practices.

(d) The Tribal Emergency Management Plan shall be subject to the approval of the TMBCI Tribal Council. Once approved by the TMBCI Tribal Council, the Tribal Emergency Management Plan shall govern and control all emergency management response to a disaster or emergency by the Tribe.

C. EMERGENCY MANAGEMENT FUNCTION; EMERGENCY POWERS OF THE CHAIRPERSON

(a) The Turtle Mountain Band of Chippewa Indians Emergency Management Department is responsible for coordinating the emergency management function for the Tribe, its properties, assets, and infrastructure.

(b) The TMBCI Tribal Council and the TMBCI Emergency Manager are responsible for establishing objectives and policies for emergency management and providing general guidance for disaster response and recovery coordination.

(c) In the event of an emergency or disaster, the Chairman is authorized to undertake the following:

(1) To make and issue emergency rules, regulations and orders on matters reasonably related to the protection of life and property affected by such emergency or disaster, including but not limited to orders relating to closure or restriction of access to and evacuation of TMBCI Tribal lands and TMBCI Tribal facilities affected by the emergency or disaster, subject to approval by the TMBCI Tribal Council resolution as soon as practicable under the circumstances;

(2) To issue a Tribal state of emergency declaration, subject to approval by TMBCI Tribal Council resolution as soon as practicable under the circumstances;

(3) When satisfied that the Tribal state of emergency no longer exists, issue a written declaration terminating the state of emergency, subject to approval by TMBCI Tribal Council resolution as soon as practicable under the circumstances;

(4) To obtain or cause to be obtained supplies, equipment and services found lacking and needed for the protection of life or public property, and to bind the Tribe for the costs associated therewith, without regard to procurement and standard budgetary approval procedures;

(5) Subject to the Tribal Emergency Management Plan, to requisition necessary personnel or material of any other Tribal department or agency to aid in the emergency management response;

(6) To request mutual aid, assistance, and support from the U.S. Government, the State of North Dakota, Rolette County, and other entities when the Tribe’s capabilities have been exceeded or exhausted;

(7) To ensure the continuity of the TMBCI Tribal Council.

D. EMERGENCY MANAGER

1. Role

Emergency management has an important role in both emergencies and non-emergencies. During an event, emergency management is the coordinating entity between emergency responders, tribal agencies, state agencies, and federal agencies to ensure that resources are where they are most needed.

Provides a tribal system for effective mitigation, preparation for, response to, and recovery from, manmade or natural disasters.

Prepares and maintains a plan which provides for:

(a) Alerting and informing the public

(b) Assessing the situation

(c) Activating volunteers

(d) Supporting emergency response

(e) Restoration and recovery

2. Duties and Responsibilities

Develop, maintain, and evaluate a TMBCI Local Emergency Operations Plan (LEOP) for all emergency and hazardous events that may occur, including, but not limited to, disaster response and recovery plans and hazardous materials plans.

Maintain and evaluate the TMBCI Tribal Multi-Hazard Mitigation Plan.

Develop policies and procedures for the Emergency Operations Center (EOC), and Mutual Aid Agreements as it relates to tribal response.

Apply for and comply with federal and state emergency management grants (Homeland Security, FEMA, etc.).

Create and maintain a Local Emergency Planning Committee (LEPC) consisting of tribal and surrounding emergency response agencies, including local law enforcement, fire departments, and emergency medical services.

Maintain coordination with surrounding emergency management agencies related to services, mutual aid, as well as with other tribal, state, and federal officials.

Develop, maintain, and test the tribal warning systems with local law enforcement, fire department, and other emergency response agencies, including the Tribal Emergency Alert System (EAS) and all outdoor warning sirens.

Establish and maintain working relationships with all government agencies and community groups within the Tribe, surrounding emergency management agencies, state agencies, and federal agencies.

Meet with the TMBCI Tribal Council on a regular basis to keep them informed of emergency management activities.

Attend the required training sessions as set forth by the TMBCI Tribal Council, the North Dakota Department of Emergency Services, and Federal Grant Compliance Programs.

Participate in classes and conferences provided by emergency management organizations and Homeland Security agencies.

Responsible for passing along all training information, as well as providing training opportunities to local emergency responder organizations.

Plan, develop, and implement exercises each year with cooperation from LEPC. These exercises should provide essential training for most emergency responder agencies within the Tribe and surrounding communities.

Conduct annual Threat and Hazard Identification and Risk Assessments (THIRA) on all TMBCI properties and grounds.

Will serve as an advisor to the TMBCI Tribal Council and Chairman regarding emergency operations and disaster declarations.

Will work directly with state and federal Homeland Security and FEMA staff in the event of a disaster.

Individual must ensure that proper documentation is being kept for all disaster related events to insure accountability, liability, and reimbursement.

Manages the TMBCI Tribal Skywarn Storm Watch program that provides information about pending storm conditions. Will assist with conducting an annual National Oceanic and Atmospheric Administration (NOAA)/ National Weather Service (NWS) Skywarn storm spotter training session within the community and help to recruit and train for the storm spotter network. Complete requirements and application renewal for NOAA Storm Ready.

V. SEVERABILITY

If any provision of this Act, or the application thereof, is ruled unconstitutional, or in the event of a court finding of invalidity of any word, phrase, paragraph, or section of this Act, such invalid word, phrase, paragraph, or section shall be severed from the remaining body of the Act, and the remainder of the Act shall remain in full force and effect.

VI. SOVEREIGN IMMUNITY

Nothing within this Act shall be deemed a waiver of the Tribe's sovereign immunity.

VII. AMENDMENT

Any amendment to this Act will be effective upon enactment by the TMBCI Tribal Council.