[History: Tribal Act #11-29.2295, enacted by Tribal Council
February 15, 2012.]
Purpose. The purpose of this law is to establish the Grand Traverse
Band of Ottawa and Chippewa Indians' Cemetery (hereinafter, "GTB,"
"Grand Traverse Band," "Tribe") on the GTB Reservation and to govern
the sale of burial plots, burial eligibility, and the maintenance
of the grounds within the Cemetery.
Policy. It is the policy of the Grand Traverse Band Tribe that
all enrolled Tribal members, their spouses, their parents and their
children may be buried in the Grand Traverse Band Tribal Cemetery.
[History: Tribal Act #11-29.2295, enacted by Tribal Council
February 15, 2012.]
(a)
This law was recommended by the Grand Traverse Band Burial Committee
and adopted by Tribal Council Resolution No. 11-29.2295 on February
15, 2012.
(b)
This law may be amended by Tribal Council, pursuant to the procedures
set forth in the Grand Traverse Band Legislative Procedures Act, 1
GTBC §§ 104 — 107.
(c)
Any law, policy, regulation, rule, resolution or motion, or portion
thereof, which directly conflicts with the provisions of this law,
is hereby repealed to the extent that it is inconsistent with or is
contrary to this law.
(d)
This law is adopted under authority of the Constitution of the Grand
Traverse Band.
[History: Tribal Act #11-29.2295, enacted by Tribal Council
February 15, 2012.]
(a)
This section shall govern the definitions of words and phrases used
within this law. All words not defined herein shall be used in their
ordinary and everyday sense.
(1)
CHILDREN — The natural, step and adopted children of an
enrolled Tribal member, or children of a common law marriage where
that marriage took place in a jurisdiction which recognizes common
law marriages where at least one spouse is an enrolled Tribal member.
(2)
FAMILY — A Tribal member's parents, spouse or children.
(3)
SPOUSE — The husband or wife of a Tribal member. For purposes
of this law, this definition shall include a common law husband or
wife of a Tribal member where that marriage took place in a jurisdiction
which recognizes common law marriages.
(4)
TRIBE OR TRIBAL — The Grand Traverse Band Tribe of Ottawa
and Chippewa Indians of Michigan.
(5)
VANDALISM — The willful and unauthorized destruction or
defacing of any land, monument, flush marker, tree, shrub, plant,
building or other natural or artificial structure on Cemetery grounds.
(6)
DIVISION II — The Grand Traverse Band Governmental Division
that manages Membership and Maintenance Departments.
(7)
LAND AND ROADS OFFICE — The Grand Traverse Band governmental
office that manages all land and tribal land parcel assignments and
leases.
(8)
"Burial Committee" means the committee authorized by the Tribal
Council to work on the development of Tribal Cemetery ordinances and
to act on behalf of the Tribe to coordinate Tribal Cemetery designations
on Tribal properties.
[History: Tribal Act #11-29.2295, enacted by Tribal Council
February 15, 2012.]
(a)
The Grand Traverse Band Tribal Council shall designate a parcel(s)
of land(s) as deemed necessary to be used for the Cemetery.
(b)
Eligibility for burial in Cemetery. Tribal members and their non-Grand
Traverse Band spouses, parents and children may be buried in the Cemetery.
(c)
Repatriated remains. Human remains shall be returned to the Tribe
in accordance with the Native American Graves Protection and Repatriation
Act ("NAGPRA"), P.L., 101-6011, 25 U.S.C. 301 et seq., 104 Stat. 3048.
All human remains returned to the Tribe shall be the responsibility
of Eyaawing Museum, pursuant to authorization by Tribal Council motion
of October 27, 2010 at a Tribal Council special session meeting.
(e)
Rights of lease assignment of burial plots. Rights of lease assignment
burial plots may only be willed to family members. In the event that
a plot is inherited by an individual who is not a family member as
defined in § 103(a)(3), pursuant to Tribal Council action,
the plot shall be resold to Division II.
(f)
Cost of lease assigned plots. All fees shall be paid prior to burial.
The proceeds of burial plot sales shall be used for the operating
expenses, care and improvement of the Cemetery and avenues leading
thereto. The price of lease assigned plots and services are as follows:
(1)
One "no cost" plot is available to each Grand Traverse Band
member, however those Tribal members that are requesting a reservation
of plots greater than "one" shall have to pay a refundable $25 fee
for each additional plot reservation.
(2)
$100 per plot fee for a family member that is related to a Grand
Traverse Band member that is not a Tribal member.
(3)
Plot opening, closing, and marking fees are subject to change
and will be assessed at the time of burial.
(g)
Reassignment of leased plots. Plots may only be reassigned to GTB
through the Land and Roads Office. Plots reassigned to the Lands and
Roads Office shall be leased/reassigned at the original selling price.
[History: Tribal Act #11-29.2295, enacted by Tribal Council
February 15, 2012.]
(a)
Administration and authority. The Division II, in conjunction with
the Land and Roads Office, shall be responsible for carrying out the
provisions of this law and may enter into agreements with person(s)
or entities, where needed, in order to carry out their responsibilities
under this law.
(b)
Duties and responsibilities. The Division II, with the Land and Roads
Office, shall:
(1)
Meet with the kin or other interested party of a person permitted
to be buried pursuant to this law whenever a plot or burial is requested.
(2)
Be responsible for maintaining vital statistics of the deceased
and reporting such information as may be required by GTB.
(3)
Establish regulations to control and beautify the Cemetery,
working with the Burial Committee.
(4)
Be responsible for the maintenance of the Cemetery, including
the improvement, safeguard and beautification of the grounds.
(5)
Cause portions of land designed for Cemetery use to be surveyed
and mapped into burial plots, drives and walks. Said recorded map
shall be kept and maintained in the Land and Roads Office. No such
plot or map shall be recorded unless laid out and plotted to the satisfaction
of the Division II.
(6)
Work with appropriate consultants and contractors for the implementation
of the Tribal Cemetery Ordinance.
(c)
Conveyance. Upon approval by Tribal Council, the Division II may
sell and convey plotted burial plots, expressly restricting the use
to burials and upon such other terms, conditions and restrictions
as the Division II directs.
[History: Tribal Act #11-29.2295, enacted by Tribal Council
February 15, 2012.]
(a)
All burial orders must be presented to the Division II at least 24
hours before burial. A cement liner or vault is not required for the
burial site; however, if a cement liner or vault is purchased, the
vault company is required to deliver and install it in the designated
burial site. The Division II does not provide pall bearers. Due to
weather conditions, it may be necessary to postpone burial side services
and/or burial of the deceased temporarily. The final decision to postpone
burial side services shall be made by the Division II or their designee.
(b)
Burial of urns. Each burial site may be used for a maximum of four
urns containing ashes of the deceased. All urns or other receptacles
used for permanent burial must be of a durable or lasting material.
Each additional opening of the plot will require a plot opening, closing,
and marking fee.
(c)
Funeral processions. The Division II shall be responsible for providing
funeral directors with the necessary information so that funeral processions
on Cemetery grounds are carried out in accordance with the provisions
of this law.
[History: Tribal Act #11-29.2295, enacted by Tribal Council
February 15, 2012.]
(a)
Monuments/Flush Markers. Monuments and flush markers shall meet the
following requirements:
(1)
Maximum monument height is 36 inches from ground up, including
base.
(2)
Minimum monument height is 24 inches.
(3)
Maximum width of monument/flush marker is the width of the plot.
(4)
Thickness of the monument/flush marker is not to exceed 16 inches.
(5)
Face of the monument must face in the direction of the deceased's
burial site.
(6)
No permanent monument that is susceptible to disintegration
or corrosion will be permanently permitted, except for Spirit Houses.
(7)
Monuments that are susceptible to disintegration or corrosion
are temporarily permitted between the months of May 1st through October
31.
(b)
Plants. The planting of plants on or around burial sites shall comply
with the following requirements:
(1)
Plants shall not be planted behind a monument.
(2)
By December 1st of each year, all burial pots and baskets, excluding
artificial, will be removed by the Division II or its designee.
(3)
Plants that exceed burial and/or plot dimensions shall be removed
by the Division II or its designee.
(4)
The planting of vegetables at a burial site is prohibited.
(5)
The use of glass containers at a burial site is prohibited.
(6)
Use of individual water systems is prohibited.
(7)
All flowers, plants and their containers shall be removed from
individual burials and plots by the family when such flowers and plants
and their containers have become unsightly and unattractive.
(8)
All winter baskets shall be removed on or before April 1st of
each year.
(9)
Plants interfering with the maintenance of the Cemetery shall
be removed.
(10)
Donations may be accepted for the planting of trees, provided
the location and purpose shall be for the improvement of the Cemetery
as a whole as determined by Division II.
(c)
Flags and banners. Flags or banners shall be removed by Division
II or its designee when such flags or banners become unsightly, are
flown in a disrespectful manner or could reasonably incite violence,
racial hatred or community unrest.
[History: Tribal Act #11-29.2295, enacted by Tribal Council
February 15, 2012.]
(a)
The following shall be prohibited on Cemetery Grounds:
(1)
Travel off the roadways in a private vehicle.
(2)
Motorized unlicensed bikes and recreational vehicles.
(3)
Cats and dogs.
(4)
Barbecues, ball playing, golfing and other related recreational
activities.
(5)
Alcoholic beverages.
(6)
Possession and use of firearms, except upon the Division II's
written approval for military and memorial services.
(7)
Soliciting of business.
(8)
Persons on cemetery grounds after dusk, except for firekeepers
and those family members who have received approval from Division
II.
(9)
Vandalism. Incidents of vandalism shall be reported to the appropriate
law enforcement agency.
(10)
Recreational jogging, running, roller skating, roller blading
and bike riding.
(11)
Washing of automobiles or other vehicles.
(b)
Placing of fencing, curbing, enclosures, edgings, iron works, wire
works, seats, posts, vigil lights and steps at individual burial sites
or groups of burial sites. Nothing in this subsection shall prohibit
the Division II from providing for the improvement of the cemetery
as a whole by installing any of the above mentioned structures.
[History: Tribal Act #11-29.2295, enacted by Tribal Council
February 15, 2012.]
In the event that any section or provision of this ordinance,
or amendments to this ordinance, is held invalid, either by the Tribal
Court or subsequent development of Tribal Constitutional standards
and practices of the Tribal Council, it is the intent of the Tribal
Council that the remaining sections or provisions of this ordinance,
and amendments made to this ordinance, shall continue in full force
and effect.
