[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.
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.
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.
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).
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).
A small lotic (flowing) system that serves as the natural
drainage course for a small drainage basin (MTE/MTL Taskforce).
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).
The process of cutting down standing trees (WI-DNR, Wisconsin
Forest Management Guidelines).
The operation of moving timber products from the stump to
a landing for further transport (WI-DNR, Wisconsin Forest Management
Guidelines).
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).
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).
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).
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).
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).
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).
Short-distance moving of logs or felled trees from the stump
to a point of loading (WI-DNR, Wisconsin Forest Management Guidelines).
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.
|
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).
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):
PERENNIALOne which flows continuously.
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.
EPHEMERALOne that flows only in direct response to precipitation, and whose channel is at all times above the water table.
Any product produced from felled trees for the purpose of
commercial use, including but not limited to saw logs, pulp, chips,
biomass, etc.
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:
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.
|
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.
