Section ENV.02.02 — Definitions

(a) "Approved Logger" means an individual and/or business that is on the Tribe's current Approved Loggers list.

(b) "Authorized Law Enforcement" refers to both the Tribe's police officers and the Tribe's conservation wardens.

(d) "BIA Forester" means a Forestry Staff member employed by the BIA on behalf of the Tribe and has authority over lands held in trust.

(e) "Committee" refers to the Stockbridge-Munsee Forestry Committee.

(f) "Cord" means 128 cubic feet of stacked wood.

(g) "DBH" means Diameter at Breast Height which is accepted as four and one half (4.5) feet above the ground.

(h) "Descendant" refers to a person who is registered as a descendant on the Tribe's descendant registry.

(i) "Elder" refers to a person who is age 55 or older.

(j) "Emergency" means a situation usually caused by catastrophic events such as tornadoes, floods, storms, and other similar events that requires tree removal immediately.

(k) "Enrolled member" means a person who is enrolled for membership in the Tribe.

(l) "Forest-Officer-in-Charge" or "FOC" means a member of the Forestry Staff with authority over land that is part of the Reservation. The BIA Forester has authority over trust lands. The Tribal Forester has authority over lands held by the Tribe in fee simple. The Tribal Forester also is the FOC over any Enterprise Sale of Forest Products.

(m) "Forest Products" refers to timber harvested with the intent of sale, wood chips and other similar timber-based materials.

(n) "Forestry Staff" means all employees employed by the Tribe in the Forestry Department, as well as the BIA Forester.

(o) "Greenery" means any material from an herbaceous plant or shrub, or a tree branch no larger than two inches (2") in diameter at the base.

(p) "Motor Vehicle" means any vehicle powered by mechanical means. This includes, but is not limited to, cars, trucks, vans, all-terrain vehicles (ATVs), utility task vehicles (UTVs), snowmobiles, motorcycles and tractors.

(q) "Personal use" means use by the tribal member holding the permit and his or her immediate household. Products intended for personal use may not be sold, given away or exchanged for cash, goods or other services unless specifically authorized under a permit.

(r) "Reservation," for purposes of this ordinance, refers to those lands that are proclaimed as the reservation of the Stockbridge-Munsee Community, lands held in trust for the Stockbridge-Munsee Community, individual trust lands under the jurisdiction of the Stockbridge-Munsee Community, and lands owned by the Tribe in fee simple.

(s) "Sapling" means any tree with a DBH greater than two (2) inches, but less than five (5) inches.

(t) "Seedling" means any tree with a DBH less than two (2) inches.

(u) "Shrub" means a woody perennial plant usually branched several times at or near the base, giving it a bushy appearance, usually less than seventeen (17) feet in height at maturity.

(v) "Timber" means any tree, or portion of a tree, that could be harvested as a forest product: pulp, bolt, saw log or veneer. Merchantable timber has a DBH of 5 inches or larger. Standing timber is merchantable timber that has not yet been harvested.

(w) "Tree" means a woody perennial plant with a single trunk (typically unbranched near the base), usually exceeding seventeen (17) feet in height at maturity.

(x) "Tribal Council" refers to the governing body for the Stockbridge-Munsee Community as established under its Constitution.

(y) "Tribal Forester" means the Forestry Staff member hired by the Tribe to head the Forestry Department and have authority over lands owned in fee simple by the Tribe, as well as Tribal Forest Enterprise activities.

(z) "Tribal Forest Enterprise" means an enterprise that is initiated and organized by the Tribe and, for purposes of this ordinance, typically occurs when the Tribe retains ownership of some or all forest products after harvest to sell to one or more third parties.

(aa) "Tribal Logger" means any enterprise that is at least 51% owned by one or more enrolled member(s) of the Stockbridge-Munsee Community. In order to be awarded sale contracts, a Tribal Logger must also be on the Approved Loggers list.

(bb) "Tribe" refers to the Stockbridge-Munsee Community.