Nottawaseppi Huron Band of the Potawatomi, MI Jurisdiction

[Amended 3-17-2016 by Res. No. 03-17-16-05]

Jurisdictional statement. The jurisdiction of the Nottawaseppi Huron Band of the Potawatomi (NHBP, Tribe, or Band) Tribal Court shall extend, except as limited by federal statutory or NHBP tribal law, to:

(1)

All persons natural and legal of any kind; and to

(2)

All subject matters which, now and in the future, are permitted to be within the jurisdiction of any Tribal Court of a sovereign Indian tribe or nation; and to

(3)

All matters having to do with rights in or encumbrances to lands within or outside the Pine Creek Indian Reservation on lands held in trust by the United States for the Tribe or its members, in restricted fee by the Tribe, or lands held in fee by members of the Tribe located within the Pine Creek Indian Reservation; and tribal territorial jurisdiction shall extend, except as limited by federal statutory law or NHBP tribal law, to all lands in trust or in fee, within the Pine Creek Indian Reservation and outside the Pine Creek Indian Reservation to lands reserved or obtained by the Tribe and its people for their use by any treaty or law or in any other manner, including but not limited to Court decision, purchase, established right of use, or gift.

Long-arm statute. It has been and continues to be the intent of the NHBP that the Tribal Court exercise long-arm jurisdiction to the extent consistent with the due process protections provided in 25 U.S.C. § 1302(8) and the limitations set forth in Subsection C of this section. Unless prohibited by federal statutory law or beyond the limitations of Subsection C of this section, a person, including any entity, who is a nonmember of the Tribe residing outside the Tribe's territorial jurisdiction and/or not present within such territory, submits to the jurisdiction of the Tribal Court by doing any of the following acts:

(1)

Transacting any business with the Tribe, its entities or instrumentalities, including but not limited to, constructing or supplying services, tangible items or property transactions, or participation in any transaction or contract occurring in whole or in part within the Reservation or off-Reservation trust lands or restricted lands, and conveying any interest in property located within such tribal territory;

(2)

Committing tortious acts within the Reservation or other tribal property;

(3)

Owning, using, possessing, or having an interest in any property, whether real or personal, situated within tribal territory;

(4)

Contracting to insure any person, property, or risk located within the Reservation or other tribal territory at the time of contracting;

(5)

Living in a marital relationship subject to the Tribe's jurisdiction, notwithstanding subsequent departure from the tribal territory, so long as one party to the marriage continues to reside within tribal territory;

(6)

Is the parent, custodian, or other person with a legal interest in an Indian child subject to the jurisdiction of the Tribe;

(7)

Residence within the Tribe's service area for purposes of compelled process of the Tribal Court;

(8)

Accepting or receipt of services or benefits from the Tribe, or entering into a consensual relationship or commercial transaction with the Tribe or tribal member, and this relationship substantially affects the self-governance interests of the Tribe.

Tribal immunity. The NHBP, its Tribal Council, its agencies, enterprises, its chartered organizations, corporations, or entities of any kind, and its officers, employees, agents, contractors, and attorneys, in the performance of their duties shall be immune from suit; except where the immunity of the Tribe or its officers and employees is expressly, specifically, and unequivocally waived by, and in a NHBP or federal statute, a duly executed contract approved by the Tribal Council, or a duly enacted law or resolution of the Tribal Council.