As used in this chapter, the following terms
shall have the meanings indicated:
ARTIFACTS
Human-made objects utilized in daily or ceremonial life at
any point in the past.
BURIAL SITES
Geographic locations which contain human skeletal remains.
Burial sites may have precise spatial boundaries in the case of cemeteries.
Other burial sites may have vague spatial boundaries in the case of
old, undocumented burial areas.
CONSTRUCTION
Construction projects occurring upon privately owned land
will only include ground disturbing activity such as building basements,
septic systems and large-scale road construction. Common yard work
and improvements are excluded from the permit process.
CULTURAL RESOURCE
Any resource that had or maintains a cultural character,
such as, but not limited to, social institutions, historic places,
artifacts, and documents.
GROUND DISTURBING ACTIVITIES
Any activities which could result in damage to, or destruction
of, cultural or historic resources must first receive a permit from
the Historic Preservation Department. Activities such as (but not
limited to) logging, construction, mining (including mineral resource
exploitation), silviculture, aquaculture, archaeological research,
or agriculture would require a permit to conduct such activities.
Individuals or programs planning on conducting such activities shall
apply for a permit prior to engaging in those activities.
HISTORIC PLACES
Geographic locations or specific man-made structures, buildings,
objects, sites, and districts which are eligible for inclusion the
National Register under the guidelines of the National Historic Preservation
Act. Historic places will receive protection similar to the protections
set forth under the National Historic Preservation Act.
MEMORANDUM OF AGREEMENT/UNDERSTANDING
Legally binding agreements between permit applicants conducting
large-scale projects and the Tribe. Such agreements shall be negotiated
by the Historic Preservation staff to resolve or mitigate any adverse
affects of the applicant, agreed to by the Menominee Language and
Culture Commission, and signed by the Tribal Chairperson.
MENOMINEE ELDER
A middle-aged or older individual knowledgeable in Menominee
traditions and language or community history and community traditions.
MENOMINEE LANGUAGE AND CULTURE COMMISSION
The Commission established by the Tribal Legislature to guide
the Historic Preservation Department in all cultural and spiritual
matters. All members are knowledgeable in the traditions and oral
histories of the Menominee Tribe.
MENOMINEE TRIBAL LEGISLATURE
The nine-member board authorized by the federal government
in governing all matters concerning the Tribe as provided in Article
III, Section 1 of the Menominee Constitution.
MENOMINEE TRIBAL REGISTER OF HISTORIC PLACES
An ongoing listing of historic or cultural properties throughout
the Menominee Indian Reservation and any lands owned in whole or part
by the Tribe outside the exterior boundaries of the Reservation. Many
sites will not be disclosed to the public for the protection of the
resource. Nomination will occur by anyone, but the Review Board shall
conduct evaluation and placement on the register. Part of the register
shall be made open to the public. Part of the register shall be made
closed to the public for the protection of the site location.
ON-SITE MONITOR
An individual trained to observe and identify cultural resources
during the typical construction process.
REVIEW BOARD
The Board made up of the Menominee Language and Culture Commission
and any other tribal elder or local tribal expert who possesses knowledge
specific to cultural resources and is appointed by the Menominee Language
and Culture Commission for a short-term seat on the Review Board.
SACRED SITES
Geographic locations which are highly significant due to
the nature of activities occurring on the site. Activities may occur
now or in the past. Most sacred sites will be locations of religious
activity, specifically traditional Menominee religious activities.
Most will also be eligible for inclusion in the National Register
or Menominee Tribal Register. These sites are paramount to the continuation
of traditional lifeways of Menominee culture. Most sacred sites will
not be formally nominated to the National Register for the protection
of the resource. Instead, they will be placed upon the Menominee Tribal
Register, which is not open to the public. Sacred sites will receive
the highest protection according to the direction of the Menominee
Language and Culture Commission. Human activities will be strictly
limited on site or disallowed completely.
TECHNICAL EXPERT
Qualification for archaeologists, historians, architects,
and those who provide designations under this plan which meets the
criteria set forth in the Department of the Interior guidelines and
appropriate National Register bulletins.
TRADITIONAL CULTURAL PROPERTIES
Geographic locations which are significant due to either
the human activity occurring on the site or the history of the location.
Traditional cultural properties are the core of Menominee history
or the cultural identity of the Menominee Tribe. Traditional cultural
properties will receive protection according to the direction of the
Menominee Language and Culture Commission. Human activities may be
limited on site or disallowed completely.
TRIBAL LANDS
A.
All lands within the exterior boundaries of
the Menominee Indian Reservation.
B.
Any land owned in whole or in part by the Menominee
Tribe occurring outside the exterior boundaries of the Menominee Indian
Reservation.