Section ENV.02.01 — Findings, Purpose, Authority And Jurisdiction

(a) Findings. The Tribal Council finds that:

(1) One of the most important short and long term resources of the Tribe is its forest resources.

(2) Properly managed forest resources will provide economic value to the Tribe.

(3) Properly managed forest resources will provide an excellent environment for fish, game, natural herbs and wildflowers.

(4) Trust forest resources, such as timber on trust lands, are federal trust assets that are subject to management and oversight of the federal government in accordance with federal law.

(5) The Tribe's increasing land base and reforestation efforts necessitate increasing involvement and management of the forest resources by Forestry Staff, Forestry Committee and the Tribal Council.

(b) Purpose. The purpose of this ordinance is to establish a framework for how the Tribe will conduct its forestry operations, including the establishment of a Forestry Committee, as well as to regulate the use of forest resources in order to best protect those resources for the benefit of the Tribe and its members.

(c) Authority.

(1) The ordinance is authorized under Article VII (f) of the Stockbridge-Munsee Constitution and inherent tribal authority as an exercise of governmental powers to govern the members of the Stockbridge-Munsee Community, as well as the use, management and administration of lands and resources under its jurisdiction.

(2) In addition, the Stockbridge-Munsee Community has authority over lands that it owns in fee simple by virtue of its ownership of such land and may enforce this ordinance in relation to access to such lands and use of forest resources consistent with such authority.

(d) Jurisdiction.

(1) Territorial Jurisdiction. This ordinance shall apply on the Stockbridge-Munsee Reservation, which for purposes of enforcement of this ordinance includes proclaimed reservation lands and tribal trust lands as well as individual trust lands under the jurisdiction of the Stockbridge-Munsee Community. This ordinance shall also apply in relation to lands that the Stockbridge-Munsee Community owns in fee simple.

(2) Personal Jurisdiction. This ordinance shall apply in relation to members of the Stockbridge-Munsee Community, as well as such persons who consent to the jurisdiction of the Stockbridge-Munsee Community by entering tribal lands and impact forest resources.

(3) Subject Matter Jurisdiction. The Stockbridge-Munsee Tribal Court shall have jurisdiction over violations by Tribal members that occur on Tribal fee lands. The Stockbridge-Munsee Tribal Court shall have concurrent jurisdiction with federal court for any violations for all matters relating to this ordinance that occur on Tribal trust land or proclaimed lands.