LAC DU FLAMBEAU BAND OF LAKE SUPERIOR CHIPPEWA INDIANS

Tribal Resolution No. 120(2020)

EMERGENCY RESERVATION BURN BAN

WHEREAS,       the Lac du Flambeau Band of Lake Superior Chippewa Indians (“Tribe”) is a federally recognized Indian Tribe organized pursuant to Section 16 of the Indian Reorganization Act of June 18, 1934, 25 U.S.C §461 et. Seq.; and

WHEREAS,       pursuant to Article III, Section 1 of the Lac du Flambeau Tribal Constitution (“Constitution”), the governing body of the Tribe is the Tribal Council; and

WHEREAS,       Article VI of the Constitution sets forth the Powers and Duties of the Tribal Council, including the duty to provide for the protection and management of lands within the exterior boundaries of the Lac du Flambeau reservation, insofar as Section 1(a) of Article VI specifically authorizes the Tribal Council to “regulate the use and disposition of tribal property to protect and preserve tribal property, wildlife and natural resources of the Lac du Flambeau Band of Lake Superior Chippewa Indians…” and further authorizes the Tribal Council to “protect the health, security, and general welfare of the Tribe”; and

WHEREAS,       the Tribe has Declared a State of Emergency (Tribal Resolution No. 93(20)) in response to the COVID#19 Pandemic;

WHEREAS,       the Tribal Timber Trespass Code Chapter 22, reads;

22.101 Scope and Purpose.

(1) The purpose of this code is to provide tribal remedies for trespass

to timber interests of the Tribe or its members on tribal trust or allotted lands.

This code is adopted pursuant to the powers of the Tribal Council as set forth in

Article VI, Sections 1(a), (j), and (r), of the Tribal Constitution.

(2) This code is not intended to provide the exclusive remedy for

timber trespass. The Tribe recognizes that federal law provides for criminal

penalties and treble damages for timber trespass, and this code is intended to

operate in addition to the remedies available under federal or state law.

22.104 Prohibited Acts. No person shall:(1) Willfully and in an unauthorized manner set fire to timber underbrush, or grass or any other flammable material upon any allotted lands or

tribal trust land.

WHEREAS,       The Tribe works in conjunction with the Bureau of Indian Affairs and the Wisconsin Department of Natural Resources regarding burning permits and response; and

WHEREAS,       the Wisconsin Department Natural Resources has prohibited and/or declared a burn ban due to the Covid -19 Pandemic Impacts for potential inefficient response and safety & health air quality concerns to the general public; therefore

RESOLVED,      the Tribe puts in effect a burning ban within the reservation boundaries; with the exception of ceremonial/cultural practices and food preparation; as long as the State of Emergency Declaration for Covid#19 Pandemic and if no other fire hazardous conditions arise;

APPROVED ON 04/11/2020 BY THE LAC DU FLAMBEAU BAND OF LAKE SUPERIOR CHIPPEWA TRIBAL COUNCIL