The purpose of this article is to provide a framework for ensuring
that the purchases of motor fuels exempt from Michigan motor fuels
tax from authorized retailers are understood, undertaken in compliance
with legal obligations under the tax agreement between the Nottawaseppi
Huron Band of the Potawatomi and the State of Michigan and to ensure uniformity of procedures.
The effective date of this article is January 1, 2010.
For purposes of this article, the following terms have the meanings
assigned to them in this section:
AUTHORIZED RETAIL LOCATION
A retail seller of diesel or gasoline whose location has
been designated by resolution of the Tribal Council and authorized
to make sales at retail of gasoline and diesel from a location within
tribal and trust lands.
DIESEL
Any liquid other than gasoline that is capable of use as
a fuel or a component of a fuel in a motor vehicle that is propelled
by a diesel-powered engine or in a diesel-powered train.
MOTOR FUEL
Gasoline, diesel fuel, a mixture of gasoline or any other
substance that is capable of use as a fuel or a component of fuel
in a motor vehicle for use on the public roads or highways in the
State of Michigan.
PURCHASER
Any person that purchases tax-exempt motor fuels at retail.
STATE
The State of Michigan.
TAX AGREEMENT
The tax agreement between the Nottawaseppi Huron Band of
the Potawatomi and the State of Michigan, dated December 20, 2002,
as the same may be amended from time to time.
TAX AGREEMENT AREA
The area designated as such in Appendix A of the tax agreement,
as the same may be amended from time to time.
TAX DEPARTMENT
The division of the tribal government charged with the implementation
and administration of this article.
TRIBAL AND TRUST LANDS
All fee lands owned by the Tribe and lands held in trust
by the federal government for the benefit of the Tribe, which are
designated as tribal and trust lands in Appendix A of the tax agreement,
as the same may be amended from time to time.
TRIBAL MEMBER
An individual who is an enrolled member of the Tribe.
TRIBE
The Nottawaseppi Huron Band of the Potawatomi. The term "Tribe"
includes all divisions or subdivisions of the tribal government and
business enterprises, including chartered entities or instrumentalities
that are wholly owned by the Tribe.
If any provision of this article or its application to any person
or circumstances is held invalid, the invalidity does not affect other
provisions or applications that can be given effect without the invalid
provision or application.