Stockbridge-Munsee Tribal Law Library
Stockbridge-Munsee Tribal Code.

Section ENV.02.14 — Forestry Staff Approved Permits

(a) The following activities require permits and can be authorized and issued by the Tribal Forestry Staff.

(b) FREE-USE GINSENG PERMIT: Adult enrolled members may obtain a permit to harvest ginseng for personal use subject to the requirements of Section ENV.02.09(b).

(c) FREE-USE FIREWOOD PERMIT: Adult enrolled members may obtain an annual permit from Forestry Staff to harvest firewood for personal use. There is no stumpage charge.

(1) Forestry Staff is authorized to issue Free-use Firewood Permits, so long as there are no special conditions in relation to that permit.

(2) Free-use Firewood Permits with special conditions, such as those regarding who is authorized to harvest the wood, are subject to approval by the Committee and Tribal Council.

(3) No products harvested for personal use may be sold, given away, or exchanged for cash, goods, or other services. The prohibition on giving away wood does not apply to wood donations to an enrolled Stockbridge-Munsee Tribal Elder or for Stockbridge-Munsee cultural practices.

(4) A Firewood Permit is valid from March 15th until March 14th of the following year and is valid on all Reservation lands.

(5) Ten (10) full cords of firewood shall be the maximum allowable harvest per permit. Additional cordage may be requested after the allowable limit is used and must be granted at the discretion of the Committee.

(6) When applying for a Free-use Firewood Permit, the enrolled member must provide their enrollment number and indicate if the firewood is leaving the Reservation.

(7) Only enrolled members, non-enrolled spouses and descendants may assist the permit holder with harvesting firewood.

(A) The following persons are eligible to apply for a permit with special conditions to allow persons other than those identified in the above subsection to assist with harvesting firewood:

(i) Non-enrolled parents or legal guardians of enrolled member children who are living on the Reservation; and

(ii) Elder or disabled enrolled members.

(B) Any person providing harvest assistance without the presence of the permit holder must be identified on the permit.

(8) Firewood can only be cut from dead or down trees. Oak trees that are dead or down are subject on the seasonal bar on harvest under Section ENV.02.11(b).

(9) The use of tractors, skidders or other type of machinery to remove firewood must be approved in advance by the Committee. If approved, precaution must be exercised to prevent damage to the forest and equipment may need to be washed and inspected upon request by Forestry Staff.

(10) Scaling is not required. However, the Forestry Staff and Authorized Law Enforcement have the right to verify the volume of firewood is within the permit limits.

(d) Domestic Maintenance Permit: Adult enrolled members may obtain a permit from the Forestry Staff to remove merchantable timber for safety or aesthetic reasons on their land assignment.

(1) Forestry Staff will approve and mark all trees prior to harvest.

(2) Oak trees may only be cut or manipulated during the times when there is no seasonal bar on harvest under Section ENV.02.11(b), except as provided under Section ENV.02.14(c)(5).

(3) A Domestic Maintenance permit is valid from January 1st through December 31st and is valid on all Reservation land.

(4) The enrolled member may cut the forest products or may choose anyone to cut the forest products at their own expense.

(5) Downed trees from storms may be cut on an enrolled member's land assignment without obtaining a permit.

(A) The enrolled member must notify Forestry Staff of the cut as soon as reasonably possible, if they do not possess a firewood permit.

(B) Downed oaks may be cut or manipulated so long as Forestry Staff is notified. The resulting oak stump must be burned or buried or may be chemically-treated by Forestry Staff.

(6) Personal Use.

(A) No stumpage will be charged so long as the forest products retained for personal use by the enrolled member holding the permit and their immediate household.

(B) No products cut for personal use may be sold, given away, or exchanged for cash, goods or other services. The prohibition on giving away wood does not apply to wood donations to another enrolled member.

(C) Scaling is not required. However, Forestry Staff and Authorized Law Enforcement have the right to verify that the volume of wood.

(7) Sale of Wood.

(A) If the permit holder intends to sell the wood or exchange it for cash or goods, then stumpage will be charged on timber harvested under this permit.

(B) A receipt for the stumpage payment must be received by the Forestry Department prior to the sale of the timber.

(C) Scaling is required. Forestry Staff and Authorized Law Enforcement have the right to verify that the volume of wood.

(e) MAPLE SAP COLLECTION PERMIT. Adult enrolled members may obtain an annual permit from the Forestry Department to drive a motor vehicle on logging roads for sap collection, even during such times as when forest roads are closed for spring breakup.

(1) Permit holders must designate which roads they wish to use when requesting the permit.

(2) Permit holders are allowed to use motorized vehicles on forest roads for the purpose of hauling sap from collection points to their processing area.

(3) Forestry Staff will inspect the forest road to verify whether the road was restored as required.

(4) The permit holder must restore the forest road to its original condition before June 1st of the permit year.

(5) If the permit holder fails to restore the forest road as required, then:

(A) the Forestry Department will have the road restored at the permit holder's expense; and

(B) the permit holder will be barred from obtaining another permit for the use of any forest roads for sap collection.