[Adopted 4-21-1981 by Ord. No. 81-8; amended in its entirety 1-21-2021 by Ord. No. 20-42]
The purpose of this article is to provide a statutory basis for the regulation of cutting and removing of timber for fuelwood for personal or commercial use by tribal members in a manner consistent with sustained yield practices mandated in the Menominee Forest Management Plan.
For the purpose of this article, the following terms shall have the meanings indicated:
COMMERCIAL
Exchanging, buying or selling timber.
FOREST MANAGER
The MTE Forest Manager.
MENOMINEE LANDS
All lands subject to the jurisdiction of the Tribe.
MENOMINEE TRIBAL ENTERPRISES (MTE)
The entity created by the Management Plan, one of the Restoration documents approved April 22, 1975.
MERCHANTABLE TIMBER
A tree or stand of trees which may be disposed of at a profit through conversion to a salable product.
MTE BOARD OF DIRECTORS and BOARD
That body elected pursuant to provisions of the Management Plan.
PERMIT
Written authorization of the Menominee Tribal Enterprises to cut and remove timber on lands within the boundaries of the Menominee Indian Tribe of Wisconsin.
PERMIT HOLDER
The person holding a permit to cut and remove timber on lands within the boundaries of the Menominee Indian Tribe of Wisconsin.
PERSON
Any enrolled member of the Menominee Indian Tribe of Wisconsin.
TIMBER
Includes trees, saplings, bushes, seedlings, and sprouts from which trees may grow, of every size, nature, kind and description. The term includes trees that will produce forest products of value, whether standing or down, and including but not limited to logs, bolts, pulpwood, cedar posts, poles, cordwood, lumber and ornamental or other decorative material.
TRIBE
The Menominee Indian Tribe of Wisconsin, acting through its duly constituted governing body, the Tribal Legislature.
The MTE Board:
A. 
Shall administer the cutting and removal of timber for fuelwood and other purposes from Menominee lands, consistent with the provisions of this article.
B. 
Is authorized to issue permits and to promulgate regulations to govern cutting and removing of timber for fuelwood and other purposes on Menominee lands. The Menominee Tribal Enterprises Board may delegate its power to issue, suspend, or cancel permits to the Forest Manager.
C. 
Shall have power to promulgate regulations that are deemed necessary for cutting and removing timber from Menominee lands, whether for personal or commercial use. Any such proposed regulation shall be published one time in the Menominee Nation News before the Board takes final action to adopt the regulations.
D. 
Shall promulgate interim regulations that are deemed necessary for cutting and removing timber from Menominee lands, whether for personal or commercial use, which shall be effective until such time as permanent regulations described in Subsection C above can become effective. The Tribal Legislature finds there is just cause to waive the requirement for publication of any such interim regulations in the Menominee Nation News prior to adoption.
[1]
Editor's Note: For the Charter of Menominee Tribal Enterprises, see Ch. 692.
All existing permits for cutting and gathering timber are void 30 days after the effective date of this article.
Any tribal member is eligible to apply for a permit to cut and remove timber for fuelwood and other purposes, whether for personal or commercial use.
A. 
The MTE Board shall issue a numbered permit to salvage or cut timber in an amount not to exceed 25 cords of fuel wood per year for personal use from dead and down timber.
B. 
The permit may be issued for a period not to exceed one year.
C. 
The permit shall be correctly dated and executed by the Forest Manager and signed by the person whose name appears on the permit.
D. 
No permit shall be issued to any person other than the person who applies for the permit.
E. 
The permit shall provide that:
(1) 
All the timber for fuelwood or other purpose sold or designated for cutting shall be cut without damage to other timber and that the permit holder shall remove all timber authorized to be cut under the permit.
(2) 
The permit holder shall pay the permit price value or some other amount determined by the MTE Board for any timber sold which is negligently destroyed or damaged by the permit holder in cutting or removing other timber sold.
(3) 
The Forest Manager shall have the power to order suspension of all operations under the permit when in his/her judgment the conditions of the permit have not been complied with, and any timber cut or removed during such suspension shall be deemed to have been cut in trespass.
(4) 
At any time the MTE may bring an action or suit to restrain, enjoin and prohibit the further cutting or removal of timber or the further entry of the permit holder or representative upon the lands covered by the permit if the conditions of the permit have been or will be violated, which suit shall be without prejudice to any other action or proceeding on behalf of the Tribe or MTE.
F. 
If the permit holder shall cut or remove or negligently destroy or damage any timber upon the land described, such timber shall be deemed to have been cut in trespass. The permit holder shall be liable for any such timber.
G. 
The Forest Manager may cancel the permit at any time when in his/her judgment the conditions of the permit have not been complied with, and such cancellation shall constitute repossession of the timber by the Tribe.
H. 
The MTE Board may issue a numbered permit to any person to cut up to 20 cedar posts for personal use, subject to any reasonable restrictions. The MTE Board may issue a numbered permit to any person to cut cedar boughs, subject to any reasonable restrictions. No person shall strip a tree or cut limbs that are more than 10 feet from the base of the tree.
I. 
The cutting or removal of any green saplings or ornamental or other decorative material shall be preserved as a right of any person, provided that the cutting or removal is for personal use.
J. 
Any enrolled Menominee spouse or designee (nonenrolled Menominee) may authorize them to cut wood and that the designee name shall accompany the permit.
A. 
The MTE Board may issue a numbered permit to any person to enter upon lands designated on the permit and to cut and remove the timber for fuelwood or other purpose described on the permit according to the provisions of this article for commercial purposes, subject to any reasonable restrictions. The permit shall be correctly dated and executed by the Forest Manager and signed by the person whose name appears on the permit.
B. 
The permit shall expire three months from the date it was issued to the permit holder. The MTE Board may grant an additional period of time not to exceed one month for the removal of cut timber and equipment upon receipt of such request by the permit holder for good and sufficient reasons.
C. 
The MTE Board shall charge a reasonable fee for each cord of timber authorized in the permit. The fee shall be based on the actual market value of timber in the immediate geographic region surrounding the Menominee Indian Reservation.
D. 
No permit shall be issued to any person other than the person who applies for the permit.
E. 
The permit shall state the amount of timber for fuelwood or other purpose estimated for cutting on the land and specify the identification marks to be used in determining any timber that may be authorized for cut.
F. 
The permit shall provide that:
(1) 
The permit holder shall plainly place the specified marks upon a sufficient number of pieces to adequately identify the timber from the time of cutting until delivered to the consumer. The permit shall make provisions for the continuous identification of the cut timber.
(2) 
In case of any failure to mark the timber as specified in the permit, the MTE has the right to take possession of the cut timber.
(3) 
All timber for fuelwood or other purpose sold or designated for cutting shall be cut without damage to other timber and that the permit holder shall remove all timber authorized to be cut under the permit.
(4) 
The permit holder shall pay the permit price value or some other amount determined by the MTE Board for any timber sold which is negligently destroyed or damaged by the permit holder in cutting or removing other timber sold.
(5) 
The Forest Manager shall have the power to order suspension of all operations under the permit when in his/her judgment the conditions of the permit have not been complied with, and any timber cut or removed during such suspension shall be deemed to have been cut in trespass.
(6) 
The permit holder shall burn or otherwise dispose of all slashing or other refuse resulting from cutting operations in the manner now or hereafter provided by law or regulation.
(7) 
At any time the MTE may bring an action or suit to restrain, enjoin and prohibit the further cutting or removal of timber or the further entry of the permit holder or representative upon the lands covered by the permit if the conditions of the permit have been or will be violated, which suit shall be without prejudice to any other action or proceeding on behalf of the Tribe or the MTE.
G. 
If the permit holder shall cut or remove or negligently destroy or damage any timber upon the land described, such timber shall be deemed to have been cut in trespass. The permit holder shall be liable for any such timber.
H. 
The Forest Manager may cancel the permit at any time when in his/her judgment the conditions of the permit have not been complied with, and such cancellation shall constitute repossession of the timber by the Tribe.
I. 
Any permit which fails to conform to any requirement of this article is void.
J. 
The MTE Board may issue a numbered permit to any person to cut or remove saplings for nursery stock, subject to any reasonable restrictions.
A. 
Whoever unlawfully cuts, removes, transports, carries away, conceals, or converts to personal use any timber unlawfully cut, or any dead and fallen timber upon any land subject to the jurisdiction of the Tribe, which is managed by the MTE, shall be fined not more than $1,000 or imprisoned not more than 180 days, or both.
B. 
Whoever unlawfully cuts or wantonly injures or destroys any tree growing, standing, or being upon any land subject to the jurisdiction of the Tribe, which is managed by the MTE, shall be fined not more than $1,000 or imprisoned not more than 180 days, or both.
C. 
Whoever, without valid permit, shall cut any timber upon lands subject to the jurisdiction of the Tribe, or remove or carry away any such timber or other property appertaining to these lands, or shall commit any other trespass upon these lands, or shall induce or assist another to do so, shall be liable to the Tribe for treble damages if the trespass is adjudged to have been willful, but liable for double damages only if the trespass is adjudged to have been casual and involuntary.
D. 
Any person found to have acquired possession in any manner of any timber unlawfully cut on lands subject to the jurisdiction of the Tribe shall be liable to the Tribe for twice the stumpage value.
E. 
It shall be no defense to plead or claim a purchase of any timber from anyone other than the MTE, nor may it be claimed that any other person should be joined as a defendant, nor may any claim be made for remuneration or allowance for labor or expenses incurred in preparing such timber for market or transporting the same to or toward market.
F. 
The MTE may take possession of any timber hereafter unlawfully cut upon or taken from any land subject to the jurisdiction of the Tribe and may sell the same informally. When any timber so unlawfully cut has been intermingled with any other timber or property so that it cannot be identified or plainly separated therefrom, the MTE may so seize and sell the whole quantity so intermingled, and in such case the whole quantity of such timber shall be conclusively presumed to have been unlawfully taken from land subject to the jurisdiction of the Tribe.
G. 
Whoever makes any false statement in any application, form, or other statement for the purpose of obtaining any permit shall be fined not more than $1,000.
H. 
Whoever embezzles, steals, knowingly converts to his/her use or the use of another, willfully misapplies, or willfully permits to be misapplied any of the monies, funds, credits, goods, assets, or other property belonging to the Tribe or MTE, or entrusted to the custody or care of any officer, employee, or agent thereof, or whoever, knowing any such monies, funds, credits, goods, assets, or other property to have been so embezzled, stolen, converted, misapplied or permitted to be misapplied, receives, conceals, or retains the same with intent to convert it to his/her use or the use of another shall be fined not more than $5,000 or imprisoned not more than one year, or both, but if the value of such property does not exceed the sum of $100, he/she shall be fined not more than $500 or imprisoned not more than 90 days.
A. 
Any duly authorized Judge of the Menominee Tribal Court may issue a search warrant to search for and seize any trees that may have been cut or removed in violation of this article upon probable cause that an offense has been committed.
B. 
Any duly authorized law enforcement officer having knowledge of any offense under this article shall immediately make a complaint against the person and request the Court to issue a warrant of arrest in the case.
Nothing herein shall be construed as a waiver of sovereign immunity of the Tribe or the MTE for any claim or cause of action for monetary damages or equitable relief.
There shall be no time period for bringing either civil or criminal actions when the action is brought by the Tribe or the MTE for trespass upon any Menominee lands, or for violating any of the terms of the permit under which timber is removed from lands subject to the jurisdiction of the Tribe, or for any criminal prosecution instituted under this article.
The Tribe's Department of Legal Services shall design and issue a ticket in the form and having the effect of a summons and complaint for use in cases of theft of Menominee timber or other Menominee or MTE property, where the value of the property is $200 or less. The ticket shall provide for the name and address of the person charged with the violation, the offense charged, the time and place the person is to appear before the Menominee Tribal Court, and any other information necessary.