[Adopted 7-25-2002 by Ord. No. 02-22;
amended 1-21-2021 by Ord. No. 20-42]
The Tribal Legislature intends that this Stumpage Ordinance,
in the form of tribal law, give an equitable share for the use of
the tribal asset which is tribal forest land to every tribal member.
The Legislature has determined that use of the tribal forest land
has gone on since 1975 with little or no payment to tribal members
for such use and this continued practice must be brought to an end.
This article for stumpage payment to tribal members is intended for
such purposes.
As used in this article, the following terms shall have the
meanings indicated:
That report which is referred to herein and attached hereto
that may be used as a source material for setting a stumpage.[1]
The Board of MTE.
That federal agency established by the United States to carry
out the primary trust relationship between Indian Tribes and the United
States.
Menominee Tribal Enterprises, the entity created by the Management
Plan of 1975 for management of the tribal forest land and other property.[2]
The officers of MTE appointed by the Board.
Has the meaning used by the Bureau of Indian Affairs in the
Code of Federal Regulations (25 CFR 163.1 et seq.) and is the fee
imposed by the Tribal Legislature as provided for in this article
on tribal forest material.
The governing body of the Tribe, and any reference to "Tribe"
herein is a reference to the Tribal Legislature as well, unless the
context refers otherwise.
The Menominee Indian Tribe of Wisconsin.
A.
There is hereby assessed a stumpage in the form of a fee arrived
at by consultation by and among the Tribe, the BIA, the MTE Head Forester
and the MTE Board Chairperson using all available means of assessment
of stumpage, including the Timber Mart North Price Report, dated October
2001 to March 2002, issued by the George Banzhaf Company of Milwaukee,
Wisconsin, the Schedule for Average Prices for Sawtimber Products
for Region 2 of Wisconsin, which includes the Menominee Indian Forest,
and other relevant information available to the BIA, and the assessed
stumpage will be within generally accepted rates set for other tribal
timber lands, subject to adjustment from time to time.
B.
MTE shall:
(1)
Maintain a record of all tribal forest material used in any way by
MTE, including every tree cut, whether by MTE personnel or by contracted
personnel.
(2)
Apply the stumpage fee provided for above when it is assessed.
(3)
Transfer the stumpage assessed and collected to the Tribal Legislature
Department of Finance on or before the fifth day of every month.
(4)
Submit records of all trees cut on a monthly basis to the Tribal
Legislature.
The Tribal Legislature shall disburse on or about December 1
of every year the stumpage assessed and collected under this article
to all tribal members, pursuant to the distribution of the annual
per capita plan. Tribal administration shall charge a variable, minimum,
administrative fee, limited to the actual cost of administration.
