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Lac Du Flambeau Tribe Amending Resolution 165(20) Declaration of Restrictions on Access to Tribal Lands on the Lac Du Flambeau

Policies and Resolutions

LAC DU FLAMBEAU BAND OF LAKE SUPERIOR CHIPPEWA INDIANS TRIBAL  RESOLUTION  N0.178(20)

AMENDING RESOLUTION 165(20) DECLARATION OF RESTRICTIONS ON ACCESS TO TRIBAL LANDS ON THE LAC DU FLAMBEAU INDIAN RESERVATION

  

WHEREAS,    the Lac du Flambeau Band of Lake Superior Chippewa Indians is a signatory to treaties with the United States of America in 1837 (7 Stat.. 536; Proclamation, June 15,1838), 1842 (7 Stat., 591; Proclamation,

March 23, 1843), and1854 (10

Stats.,1109; Proclamation January  10, 1855); and

 

WHEREAS,    the Lac du Flambeau Band of Lake Superior Chippewa Indians ("Tribe"), is a recognized Indian Tribe organized pursuant to Section 16 of the Indian Reorganized Act of June 18, 1934, 24 U.S.C. 461 et. Seq.;and

WHEREAS,   pursuant  to Article Ill, Section  1 of the Lac du Flambeau  Constitution and Bylaws ("Constitution and Bylaws"),  the governing body of the Tribe is the Tribal Council;and

WHEREAS,    pursuant to Article I, Section 2 of the Constitution the jurisdiction of the Tribe shall extend to all the land and water areas within the territory of the Band, and further, for the purpose of exercising and regulating the exercise of rights to hunt, fish, trap, gather wild rice and other usual rights of occupancy, such jurisdiction shall extend to all lands and waters described in treaties to which the Band was a party, which treaties provide for such rights"; and

WHEREAS,    the Tribal Councilhas the duty under Article VI, Section 1(a) to protect and preserve tribal property, and to protect and promote the general welfare of the Tribe; and

WHEREAS,    the Tribal Councilhas the authority  under Article VI,Section  1(n) to promulgate legislation, statues, codes and ordinances, intended to safeguard and promote peace safety, morals, and the general welfare of the Tribe by regulating the conduct of trade and the use and disposition of property within the territory of the Tribe, as defined in Article I; and

WHEREAS,    the Tribal Council has the authority under Article VI,Section 1(u) to adopt resolutions or ordinances to effectuate any of the foregoing powers: and

WHEREAS,    the Article VII, Section 2 defines Tribal Lands as the unallotted lands of the Lac du Flambeau Reservation, and all lands which may hereafter be acquired by the Tribe or by the United States in trust for the Tribe shall be

held as tribal lands; and

 

WHEREAS,    on March 14, 2020, this Tribal Council passed Tribal Resolution  No. 93(20) declaring a state of emergency as authorized by Chapter 65 of the LDF Tribal Code in response to the COVID-19 outbreak and ordering community mitigation strategies; and

WHEREAS,    on March 23, 2020, this Tribal Council passed Tribal Resolution No. 103(20) declaring a Shelter-At-Home Order for the Lac du Flambeau Reservation, and instituting a Reservation-wide curfew to slow the spread of the COVID-19 outbreak; and

WHEREAS,    Tribal Resolution No. 103(20) and the Shelter-At-Home Order encouraged part- time residents and visitors to return to thelr permanent residents, and required part-time residents and visitors to register their intent to stay onthe Reservation with Tribal officials; and

WHEREAS,    Section 17 of Emergency Order #28 issued by the State of Wisconsin Department of Health Services on April 16, 2020 ordered that "[n]on-tribal members should be respectful of and avoid non-essential travel to Tribal territory" and that "Wisconsin's local governments shall coordinate, collaborate, and share information with the Tribal Nations in their region."

WHEREAS, the presence of part-time residents and visitors to the Reservation increases the risk of an accelerated COVID-19 outbreak and warrants additional safeguards to protect the lives of all rndividuals on the Reservation; therefore, be it

RESOLVED, this Tribal Council does hereby proclaim and order that all public boat landings, campgrounds, parks, trails, Tribal roads located within the exterior boundaries of the Lac du Flambeau Indian Reservation, and the LDF Country Market, the LDF Gas Station, the LDF Smoke Shop, and the LDF Tribal Governmental Building are closed to visitors and any individual not currently sheltering in place on the Reservation while the Shelter at Home and Curfew Order is in effect; and be it further

RESOLVED, this Tribal Council does hereby proclaim that permanent residents, enforcement are exempt from this Declaration; and be it further

RESOLVED, that tribal government employees, employees of entities owned by the Tribe, contractors, vendors, emergency services personnel, utility services personnel, law enforcement, employees of educational institutions, and employees of any local, state, or federal government are exempt from this Declaration; and be it further

RESOLVED, this Declaration will take effect at 6:00 p.m. April 29, 2020 and shall remain in effect with the tentative date of June 17, 2020 if no COVID-19 cases or issues arise ; and be it further

RESOLVED, the Tribal Council urges surrounding municipalities and counties to close recreational facilities, boat landings, and campgrounds to stop the spread of COVID-19.

  

CERTIFICATION

 

I, the undersigned, as Secretary of the Lac du Flambeau Band of Lake Superior Chippewa Indians. a tribal government operating under a Constitution adopted pursuant to Section 16 of the Indian Reorganization Act, 25 U.S.C., s. 476, do hereby certify that the Tribal Council of the Band

is composed of twelve members, of whom eleven were polled on the 281h day of May, 2020, and that the foregoing resolution was duly adopted by an affirmative vote of seven members (G. Thompson, J. Allen, D. Allen. R. Bell, J. BigJohn, E. Chapman Sr., J. Johnson Sr., none against. none abstaining, four no response and that the said resolution has not been rescinded or amended in any way.

 

 

Jamie Allen, Secretary Lac du Flambeau Band of

Lake Superior Chippewa Indians

        

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P.O. Box 67
Lac du Flambeau, WI 54538

418 Little Pines Rd
Lac du Flambeau, WI 54538

(715) 588-3303

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