Section ENV.02.15 — Tribal Council Approved Permits
(a) The following activities must be brought to the Committee and approved by the Tribal Council before the permit can be issued by Forestry Staff. Permit requests must be submitted in writing and department forms should be used if available.
(b) DOMESTIC USE PERMIT: Adult enrolled members may obtain a permit to harvest forest products such as: cedar, white birch bark, balsam boughs, white pine, etc., for their own personal use such as; for fences, decorations or other projects. Applicants shall state what materials and amounts are needed. The prohibition on giving away products does not apply to donations to an enrolled elder or for Stockbridge-Munsee cultural practices. There is no charge for this permit. No stumpage rate is charged for the forest products harvested.
(1) The enrolled member must submit a written request to the Committee notifying them of the quantity, type of product to be harvested and how the product will be used. Depending on the size of the project the Committee may ask for submission of detailed plans.
(2) The Forestry Staff will determine the availability of the forest product and may designate where the product will be harvested, should the permit be issued.
(3) The Committee will make a recommendation to the Tribal Council. A maximum allowable cut will also be recommended to the Tribal Council.
(4) If Tribal Council approves the request, the Forestry Staff will issue the permit. The permit will be valid for a specified time, not to exceed one year.
(5) The enrolled member, with assistance from other enrolled members, a non-enrolled spouse or descendants, may harvest the forest products. The permit holder must be on-site during the harvest unless the holder is an elder or disabled.
(6) The Forestry Staff will track and prepare an annual estimate of the total amount of product and value of such product harvested from trust lands under this type of permit. If the product is harvested from trust land, then this information will be provided to the BIA at the end of each fiscal year.
(c) DOMESTIC PERMIT FOR USE IN CONSTRUCTION. This permit allows the permit holder to harvest timber that will be used for the construction of the building identified in the permit. There is no charge for this permit.
(1) The enrolled member must submit a written request to the Committee that includes detailed plans of the building including a realistic timeline for construction completion. The member must obtain all other required permits, such as in relation to land use, before this permit can be approved.
(2) The project can only be for the enrolled member's personal use and be located on the Reservation.
(3) If the Committee approves the request, the recommendation to Tribal Council will include a time limit on the project and the amount of timber to be harvested.
(4) The enrolled member must provide a bond for the stumpage value of all timber to be harvested before the permit may be issued or construction may begin.
(A) The amount of the bond will be determined by Forestry Staff based on an estimated value of the timber to be harvested.
(B) Upon completion of the project within the identified timeframe, then the stumpage bond will be refunded in full.
(C) If the project is not completed within the identified timeframe or consistent with permit requirements, then the bond may be forfeited to the Tribe in part or in full.
(5) If the permit is approved by Tribal Council, Forestry Staff will designate the area to be cut and mark the trees. Forestry Staff will also scale the harvested timber and record/file the stumpage amount and value.
(d) DOMESTIC CLEARING PERMIT: Adult enrolled members may obtain a permit to harvest timber and/or forest products for the purpose of clearing a specific limited area on a land assignment or leased tribal land that is within the maximum setback for development established in PRP.02.08 of the Land Use Code Ordinance. Such domestic clearing shall be for purposes of: a dwelling, garage or other outbuilding, business, or an existing yard expansion. There is no charge for this permit.
(1) The Domestic Clearing Permit is processed as a final step prior to development on a land assignment or leased land. This means the applicant is responsible for obtaining all other required approvals, permits, or tests (such as perc tests) prior to requesting the permit. Such permits can include a tribal land use permit for construction of a dwelling or a BIA forest products harvesting permit.
(2) After all other applicable approvals are obtained, the enrolled member must submit a permit application, using the department form if available, that includes the following information:
(A) Confirmation that all other applicable approvals, permits, or testing has been completed.
(B) A site map for the area to be cleared that also has the location of any development marked.
(C) A realistic timeline for construction completion.
(3) Once a complete application is received, Forestry Staff will estimate the species and the expected volume of timber to be removed in order to calculate a bond amount based on the stumpage value of the merchantable timber.
(4) The Committee will review the completed application and stumpage value information. If the Committee recommends approval, then the recommendation will include a time limit on the project and a suggested amount on the bond for stumpage value.
(5) If the Tribal Council approves the permit request, Forestry Staff will issue the permit, including the timeframe and bond amount, and mark the trees to be harvested. The permit will be valid for the specified time, not to exceed one year from date of issuance.
(6) The enrolled member must provide a bond for the stumpage value of all timber to be harvested before the permit may be issued or construction may begin.
(A) Upon successful completion of the project within the identified timeframe, then the stumpage bond will be refunded in full.
(B) If the project is not completed within the identified timeframe or consistent with permit requirements, then the bond may be forfeited to the Tribe in part or in full.
(7) The enrolled member is responsible for the cost of service to harvest the forest products.
(8) Forestry Staff will provide the Approved Loggers list to the enrolled member on request.
(9) Forestry Staff will scale the timber or forest products.
(10) On a case-by-case basis, some oak trees may be cut under this permit during the timeframe when normally barred under Section ENV.02.11(b). If a live oak tree is cut during the normal oak wilt bar timeframe, then the resulting oak stump must be burned, buried, or treated with a pruning spray within 24-hours of the tree being cut.
(e) FIREWOOD-FOR-SALE PERMIT. Adult enrolled members may obtain a permit to harvest and sell or trade firewood.
(1) Permit Cost. The base cost of this permit is $200, which must be paid to the Tribe prior to permit issuance. This cost is subject to increase based on the fair market stumpage value of hardwood pulp and, if changed, the new permit cost will be set prior to March 15th each year.
(2) The enrolled member must present a written request to the Committee identifying the desire to sell firewood. The Committee will make a recommendation to the Tribal Council on whether to approve the permit.
(3) If permit is approved by the Tribal Council, then the Firewood-for-Sale Permit will be issued and managed by the Forest Manager.
(4) A Firewood-for-Sale Permit is valid from March 15th until March 14th of the following year and is valid on Reservation lands.
(5) The amount of timber harvested is not to exceed 10 full cords. It is the responsibility of the permit holder to notify the Forestry Staff of wood to be scaled and verified. The volumes of timber from trust lands will be reported to the BIA by the end of the fiscal year.
(6) This is an individual permit and the permit holder must be on site when harvesting or selling. Descendants and the permit holder's non-enrolled spouse may assist the permit holder.
(f) TEMPORARY USE PERMIT:
(1) Persons who are not enrolled members may apply for a permit to temporarily enter the Reservation for a specific purpose, such as removing wood from their property, or gaining temporary access to a land-locked property.
(2) The applicant must submit detailed written plans of the proposed purpose including area where access is needed, reason needed, and the expected length of time the permit is needed.
(3) The Committee will make a recommendation to the Tribal Council regarding the temporary permit request, and all recommended requirements therein.
(4) The Tribal Council may instruct Forestry Staff to issue a temporary use permit subject to the conditions the Tribal Council desires.
