[Adopted 8-4-2005 by Ord. No. 05-22; amended in its entirety 1-21-2021 by Ord. No. 20-42]
The purpose of this article is to protect and preserve the tribal forest and its environs through:
A. 
Silviculture limitations on shelter woods and clear-cutting for white pine regeneration.
B. 
Aesthetic limitations on shelter woods and clear-cutting.
C. 
Creation of buffers around archaeological sites to protect and preserve archaeological, cultural and historic resources while taking precautions to keep the location of those sites confidential. Archaeological sites will require the implementation of recommendations of the Tribal Director of Historic Preservation.
D. 
Creation of buffers to protect and provide for water quality assurance, which will be consistent with existing tribal ordinances.[1]
[1]
Editor's Note: See Ch. 562, Water.
E. 
Establish tribal government procedures to review compliance with applicable regulations for the harvesting of timber from the Menominee forest.
The Menominee Indian Tribe, acting through its governing body, the Tribal Legislature, is vested with governmental and sovereign powers over management of the tribal forest by the Constitution and Bylaws of the Menominee Tribe of August 8, 1991, Article XII, and this article is enacted as an exercise of that authority.
All terms used in this article shall have the meanings listed below. Any term not listed below shall have the same meaning as such terms have in the Wisconsin Forest Best Management Practices Manual.
AESTHETIC
The natural visual quality of vegetation as opposed to the visual impact caused by harvesting activities associated with shelter wood and clear-cutting regeneration methods.
BUFFER (AREA)
A vegetation strip or management zone of varying size, shape, and character maintained along a stream, lake, road, recreation site, or different vegetative zone to mitigate the impacts of actions on adjacent lands, to enhance aesthetic values, or as a best management practice (the Dictionary of Forestry: Helms, John A.; SAF 1998).
CLEAR-CUT (SYSTEM)
Regeneration method where all mature trees are cut at once. Can be used to regenerate species which sprout from their stumps or to convert the site to other species (Menominee Tribal Enterprises Forest Management Plan, 1996-2005).
CREEK
A small lotic (flowing) system that serves as the natural drainage course for a small drainage basin (MTE/MTL Taskforce).
ECOSYSTEM
The interacting, spatially explicit, relatively homogenous unit of the Earth that includes all interacting organisms and components of the abiotic environment within its boundaries (WI-DNR, Wisconsin Forest Management Guidelines).
FELLING
The process of cutting down standing trees (WI-DNR, Wisconsin Forest Management Guidelines).
FORWARDING
The operation of moving timber products from the stump to a landing for further transport (WI-DNR, Wisconsin Forest Management Guidelines).
HARVESTING (LOGGING)
The process of gathering a timber crop. It includes felling, skidding/forwarding, on-site processing, and removal of products from the site (WI-DNR Wisconsin Forest Management Guidelines).
LAKE
A natural or artificial body of fresh water [usually at least eight hectares (20 acres) in surface area] that is completely surrounded by land (MTE/MTL Taskforce).
PRESCRIPTION
A planned series of treatments designed to change current stand structure to one that meets management goals. Note: The prescription normally considers ecological, economic, and societal constraints (the Dictionary of Forestry: Helms, John A.; SAF 1998).
RIPARIAN MANAGEMENT ZONE
Land and vegetation areas next to lakes and streams where management practices are modified to protect water quality, fish and other aquatic resources. These areas are complex ecosystems that provide food, habitat and movement corridors for both aquatic (water) and terrestrial (land) communities as well as help to minimize nonpoint source pollution impacts to surface water (WI-DNR, Wisconsin Forestry Best Management Practices For Water Quality).
RIVER
A large natural or human-modified stream that flows in a defined course or channel or a series of diverging and converging channels (MTE/MTL Taskforce).
SILVICULTURE
The art and science of controlling the establishment, growth, composition, health, and quality of forests and woodlands to meet the diverse needs and values of landowners and society on a sustainable basis (the Dictionary of Forestry: Helms, John A.; SAF 1998).
SKID (SKIDDING)
Short-distance moving of logs or felled trees from the stump to a point of loading (WI-DNR, Wisconsin Forest Management Guidelines).
SLOPES
Follow Wisconsin's Forestry Best Management Practices For Water Quality when addressing slopes. In no case shall mechanical equipment be used on slopes exceeding 50%. Buffer strip width shall be increased from 100 feet on each side of a stream, water body or wetland in accordance with the following table.
Table 1
Guidelines for Buffer Strip Widths
Slope of Land Above Stream, Water Body or Wetland
Minimum Width of Strip
(feet)
0% to 10%
50 wetland; 100 river or stream
11% to 20%
115
21% to 30%
135
31% to 40%
155
41% to 50%
175
51%+
Activity not allowed due to high erosion potential. Extreme care must be taken to prevent movement of soil.
SPRING
Site where groundwater flows naturally from a rock or soil substrate to the surface to form a stream, pond, marsh, or other type of water body (MTE/MTL Taskforce).
STREAMS
A general term for a body of flowing water. In hydrology, the term is generally applied to the water flowing in a natural channel as distinct from a canal. Streams in natural channels may be classified as follows (MTE/MTL Taskforce):
A. 
PERENNIALOne which flows continuously.
B. 
INTERMITTENT or SEASONALOne which flows only at certain times of the year when it receives water from springs or from some surface source such as melting snow in mountainous areas.
C. 
EPHEMERALOne that flows only in direct response to precipitation, and whose channel is at all times above the water table.
TIMBER (PRODUCT)
Any product produced from felled trees for the purpose of commercial use, including but not limited to saw logs, pulp, chips, biomass, etc.
WETLAND
An area where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic (water-loving) vegetation and which has soils indicative of wet conditions. Wetlands include marshes, bogs, floodplain forests, wet meadows and low prairies (the Dictionary of Forestry: Helms, John A.; SAF 1998).
A. 
Silviculture limitations. Harvesting of white pine, via shelter wood or clear-cutting-type silviculture systems is prohibited unless there is proof that either:
(1) 
Menominee Tribal Enterprises (MTE) provides proof that it has set aside adequate monies to replant white pine at a rate of 1,000 seedlings per acre, of which 400 to 600 are white pine; or
(2) 
The silviculture treatment will produce natural regeneration rates of 1,000 seedlings per acre, of which 400 to 600 are white pine.
B. 
Buffer: aesthetic or roadway limitations. Harvesting of any timber species via clear-cutting or shelter wood final cut silvicultural system is prohibited unless such harvesting allows for a buffer of 150 feet from paved roadways. The 150-foot roadway buffer shall begin at the edge of the pavement. Management within these roadway buffers shall only take place if one of the following methods is identified and used:
(1) 
Use selective cutting or thinning until regeneration of the objective species in the harvest unit has reached an average minimum height of 10 feet; or
(2) 
Use clear-cutting once regeneration of the objective species in the original harvest unit has reached an average minimum height of 10 feet.
C. 
Buffer: archeological site protection.
(1) 
Harvesting any timber is prohibited within a minimum 100 feet adjacent to any archeological site, unless a lesser buffer area is requested or recommended and given final approval by the Tribal Director of Historic Preservation. Menominee Tribal Enterprises and any other person or entity will follow all recommendations of the Tribal Director of Historic Preservation needed to protect identified archaeological, cultural, or historic sites where it is determined that timber harvesting or other activity could cause a substantial adverse change to the identified archaeological, historic or cultural sites. These recommendations may include no-cut buffers, single-tree selection buffers, or other techniques and harvest designs. These efforts shall include, but not be limited to, modifying harvest designs to conceal such locations.
(2) 
Menominee Tribal Enterprises, Tribal Department of Historic Preservation, and all other persons aware of the location of an identified archaeological site shall keep the location of such sites confidential. This does not apply to the use of this information in the course of conducting business, including communications between loggers, foresters, and the Tribal Department of Historic Preservation necessary to ensure protection of such sites.
D. 
Buffer: riparian management zones. Harvesting any timber is prohibited unless such harvesting allows for a buffer between the harvesting activity and any wetlands, streams, rivers, and identifiable riparian management zones (RMZ). The size of the buffer shall be determined by the guidelines under Subsection D(1), listed below. All other requirements shall be determined by the guidelines under Subsection D(2), listed below.
(1) 
Buffers adjacent to any river, stream, or wetland, which may contain steep slopes or highly erodible soils, shall follow the guidelines listed in Table 1 of this subsection, unless a lesser buffer is recommended by the Environmental Services Department.
Table 1
Guidelines for Buffer Strip Widths
Slope of Land Above Stream, Water Body or Wetland
Minimum Width of Strip
(feet)
0% to 10%
50 wetland; 100 river or stream
11% to 20%
115
21% to 30%
135
31% to 40%
155
41% to 50%
175
51%+
Activity not allowed due to high erosion potential. Extreme care must be taken to prevent movement of soil.
(2) 
Requirements and monitoring of harvesting operations near wetlands shall be governed by Tribal Ordinance No. 04-22, "Surface Water Regulations,"[1] unless more specific requirements are listed in this article.
[1]
Editor's Note: See Ch. 512, Surface Water.
E. 
Timber harvest: approval process. Harvesting of any timber is prohibited unless a silviculture prescription is in place that conforms to the following requirements:
(1) 
Tribal government review. A silviculture prescription designed to include the commercial harvest of timber from the Menominee forest shall be submitted to the Tribe for review and approval by the Tribal Legislature. The prescription originator or its clearly identified representative is responsible for providing all of the required documentation along with the proposed silviculture prescriptions. Legislative approval will consist of a motion accepting the proposed silviculture prescriptions. Disapproval will include specific reasons for not approving the silviculture prescriptions.
(a) 
Procedures shall be established and maintained to support Menominee tribal legislative review and approval efforts.
(b) 
Procedures shall be developed to monitor and report on adherence to MTL-approved silviculture prescriptions prior to the awarding of harvest areas, during harvest of the areas, and after harvest is completed.
(c) 
None of the tribal government reviews, policies and/or procedures created by or identified in this article shall take the place of any required trust responsibility by the United States government or its representative(s).
(2) 
Silviculture review and approval procedures and timelines. Silviculture prescriptions as defined by this article shall meet the timeline requirements and procedures identified in Appendix A, "Review and Approval Timelines."[2]
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
(3) 
Elements of a silviculture prescription. A silviculture prescription designed to include the harvest of timber from the Menominee forest shall include, at a minimum:
(a) 
A statement of goal(s), which describe(s) the objective(s), for the area, including the desired future condition.
(b) 
A description of the historical processes that created the current forest type in the proposed area.
(c) 
A description of the proposed treatment(s) which describe timing, methods, and conditions by which the vegetation and other resources in the proposed area will be disturbed to meet the desired future condition.
(d) 
A quantitative explanation of stand condition pre- and post-treatment and any predicted benefits to be achieved (i.e., economic, ecological, and societal).
(e) 
An accurate description (i.e., acreage) and map of the proposed area.
(f) 
A statement of compliance on how the proposed treatment will meet the sustained-yield mandate of the Menominee Indian Tribe of Wisconsin.
(g) 
A statement of compliance on how the proposed treatment will meet the goals of an approved Menominee Forest Management Plan.
(h) 
Documentation that shows meaningful consultation with applicable tribal, federal and state agencies (Appendix A[3]) during development of the proposed treatment to ensure implementation of a multidisciplinary approach to forest management.
[3]
Editor's Note: Appendix A is included as an attachment to this chapter.
(i) 
Documentation that shows all required tribal and federal signatures have been provided. For the purposes of this article, Historic Preservation and Environmental Services are required signatures for environmental checklist reviews, prior to silviculture prescription submission.
(j) 
A statement of compliance and description of management considerations to show adherence to all applicable tribal and federal regulations and requirements (i.e., riparian and cultural buffer provisions of this article).
F. 
Other limitations. The provisions of Resolution 07-02, entitled "Request for the Removal Out of Forestry Compartment 223 and an Area of One-Quarter Mile on Each Side of the Wolf River in its Entirety Forever," shall be incorporated as part of this article.
This article applies to all persons and entities within the exterior boundaries of the Menominee Indian Reservation, except for the following:
A. 
This article shall not be applicable to:
(1) 
The Menominee Tribal Legislature or its departments during applicable reviews or consultation.
(2) 
The Menominee Indian Tribe, County of Menominee, Town of Menominee, or State of Wisconsin when performing brushing within the legal right-of-way of a tribal, county, town, or state public roadway for the purpose of highway safety.
(3) 
Any person or entity harvesting timber or forest products as provided for under Tribal Ordinance 81-08, "Firewood," as amended.
B. 
Any provision of this article may be waived by the Menominee Tribal Legislature for a period of 30 to 180 days if the Legislature determines that such a waiver is necessary as a result of natural disaster or disease, or is necessary for the health and safety of the residents of the Menominee Indian Reservation and its forest and resources. Any such waiver must be made in writing, and specifically state the provision or provisions of this article that is or are being waived, and the logging activity that is allowed under the waiver.
C. 
The buffer provisions of this article shall not be applicable to regeneration treatments, including harvesting, in white pine shelter woods that were created prior to February 1, 2006.
This article shall be enforced by the Menominee Tribal Police and/or the Menominee Tribal Conservation Department and the Menominee Tribal Prosecutor's Office. The Menominee Tribal Police or Menominee Conservation Department shall investigate suspected violations of this article and provide the results of their investigation to the Menominee Tribal Prosecutor.
A. 
Whoever violates the terms of this article or is concerned in such violation of this article is liable for forfeiture not less than $2,500 and not to exceed $5,000.
B. 
A person or entity whose employee or agent violates the terms of this article while acting in furtherance of that employment or agency is liable for a forfeiture not less than $2,500 and not to exceed $5,000.
C. 
A person or entity charged under Subsection B shall have an affirmative defense to such charge if such person or entity shows the following:
(1) 
The person or entity has an effective policy in place to monitor employees' and agents' conduct in regard to this article; and
(2) 
The person or entity promptly reports any knowledge of violations of this article by its employee or agent to the Menominee Tribal Police Department or Menominee Tribal Conservation Department; and
(3) 
The person or entity fully cooperates with all investigations and prosecutions of violations of this article.
D. 
A person is "concerned in such violation of this article" pursuant to Subsection A if the person:
(1) 
Intentionally aids and abets the violation; or
(2) 
Advises, counsels or otherwise encourages the violation.[1]
[1]
Editor's Note: Former Art. IV, Communications Protocol, adopted 11-16-2006 by Ord. No. 06-29, which immediately followed, was repealed 3-17-2011.