Section ENV.02.12 — Forest Roads
(a) The forest road network is vital to the Tribe's logging operations and provides access to the Reservation for enrolled members. Keeping this network in good work condition is mandatory.
(b) Forest roads are not public rights-of-way, but rather are a private road network for the use of the Tribe. The following persons have permission to use the forest roads and/or access forested portions of the Reservation to the following persons: enrolled members, tribal employees who need access for their work and such other persons who have authorization from the Tribe.
(c) Use of Open Roads by Authorized Persons.
(1) Open forest roads may be used by any motor vehicle, which is not prohibited for any other reason, so long as no unnecessary damage is done to the road.
(2) Motor vehicle traffic may not make new forest roads without the consent of the Tribal Council.
(3) Motor vehicle traffic may not cause excessive damage which could inhibit the use of the forest road by any other tribal member or tribal department.
(4) Forest roads may not be blocked for any reason by any person other than Forestry Staff or Authorized Law Enforcement, without the consent of the Tribal Council.
(d) Spring Breakup Road Closure.
(1) To reduce degradation, the Tribal Forester will monitor conditions during spring breakup and will make the decision of when motor vehicle traffic will be prohibited from all forest roads and landings.
(2) ATVs, UTVs and snowmobiles are exempt from the spring breakup road closure.
(3) A notice will be posted in all Tribal Offices and Tribal posting locations at or before the time of closure.
(4) A notice of road closure will be submitted for publication in the Mohican News. However, due to the potential emergency timeframe needed on some closures, the effective dates may occur prior to publication in the newspaper.
(e) Special Concern Road Closure.
(1) Forest roads may need to be closed to any and/or all motor vehicles at any time of the year for various reasons such as, but not limited to, safety hazards, invasive species infestations, erosion or other special concerns.
(2) Any Special Concern Road Closure must be brought before the Committee and approved by Tribal Council.
(3) If any Special Concern Road Closure is deemed necessary:
(A) A notice will be posted in all Tribal Offices and Tribal posting locations at or before the time of closure.
(B) A notice will be submitted for publication in the Mohican News. However, due to the potential emergency timeframe needed on some closures, effective dates may occur prior to publication in the newspaper.
(C) A physical obstruction will be placed at the beginning and end of the forest road subject to the Special Condition Road Closures and remain in place until the closure is lifted.
