[HISTORY: Adopted by the Legislature of the
Menominee Indian Tribe as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-15-1992 by Ord. No. 92-10]
It is the purpose of this article to regulate
the settlement on lands within the external boundaries of the Menominee
Indian Reservation so as to allow safe, proper and orderly settlement
of Menominee lands as delegated by the Menominee Tribal Constitution.
The following definitions shall be used to interpret
this article:
Any settlement on Menominee tribal land without an official,
duly authorized, specific written permit granted by the Menominee
Indian Tribe or its designee allowing such a settlement.
Any land(s) held in trust for the Menominee Indian Tribe
by the United States federal government occurring within the external
boundaries of the Menominee Indian Reservation or in transition to
trust or owned in fee simple by the Menominee Indian Tribe.
A Menominee tribal member who is listed on the official roll
of the Menominee Indian Tribe at the time of his settlement.
Any physical presence on any tribal land by any individual,
either in person, constructively or by his property, which evidences
a permanent or semipermanent intent to reside on the land indefinitely.
It shall be a violation of Menominee tribal
law for any individual to settle upon Menominee tribal lands without
specific authorization of the Menominee Indian Tribe or its designee.
Menominee tribal members may request authorization to settle upon
Menominee tribal lands from the Menominee Tribal Real Estate Services
office.
A.Â
All authorizations shall be in writing specifying
the length of the authorization and the terms of the authorization.
B.Â
Fees may be set as a condition of the authorization.
C.Â
Nontribal members shall not be granted authorization
to settle upon Menominee tribal lands except as specified in the Menominee
Constitution and Bylaws.
It shall be a violation of tribal law for any individual to
settle upon Menominee tribal lands without a duly authorized permit.
Any individual settling upon such lands shall be subject to the following
forfeitures: any individual violating this article shall pay a forfeiture
of not less than $500 nor more than $1,000 plus costs of removal and
court costs. For the purpose of this article, each day that the individual
remains illegally settled on Menominee tribal land after he or she
receives official notice shall be considered a separate offense.
Implementation of this article shall be delegated
to the Real Estate Services Office.
This article shall be enforced by the Menominee
Tribal Police Department and the Menominee Tribal Conservation Department,
which shall cooperate with the Menominee Tribal Real Estate Services
Office.
