[HISTORY: Adopted by the Legislature of the
Menominee Indian Tribe as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-22-1998 by Ord. No. 97-25]
A.
Menominee law addresses natural resource development
within the Menominee Constitution and Bylaws, Article X, Section 3,
which requires the consent of the tribal membership.
B.
It is a general feeling among tribal membership that
sulfide metallic mining is totally against Menominee culture, tradition,
and spirituality.
C.
The Legislature at this time in history needs to by
law address sulfide metallic mining to ensure the protection of the
health, safety, and welfare of the Menominee people, land, and resources
for now and for future generations.
The Tribal Legislature shall not permit exploration
or shall not develop on a commercial or industrial basis any sulfide
metallic mining without the consent of a vast majority of the total
number of eligible voters of the Tribe. "Vast majority" for purposes
of this article means 2/3 of the total Menominee eligible voter membership.
Until such time the Menominee Tribal Legislature
by unanimous vote of 9/9 of the entire Legislature initiates a referendum
or receives a petition of 51% of the eligible voter membership and
the Legislature shall cause to be held a referendum, there shall be
a moratorium, no granting of exploration or mining of sulfide metallic
ore bodies within the exterior boundaries of the Menominee Nation.
