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.
(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. There is no stumpage charge. Applicants shall state what materials are needed and the amount needed. The prohibition on giving away products does not apply donations to an enrolled elder or for Stockbridge-Munsee cultural practices.
(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 used. Depending on the size of the project the Committee will 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.
(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 for a dwelling, garage or other outbuilding, or business on their land assignment, lot or leased land.
(1) The enrolled member must submit a written request to the Committee that includes detailed plans of the proposed building, including a realistic timeline for construction completion.
(A) The member must obtain all other required permits, such as in relation to land use, before this permit can be approved.
(B) If the building site is located on tribal trust land, the enrolled member will also be required to obtain any applicable BIA permits, such as a forest products harvesting permit.
(2) No clearing is allowed beyond three hundred (300) feet from the centerline of a public right-of-way road.
(3) 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 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.
(4) The enrolled member is responsible for the cost of service to harvest the forest products.
(5) The permit request should indicate the species and expected volume to be harvested. Forestry Staff will coordinate with the enrolled member by assisting in staking the proposed harvest area and calculating the expected volumes.
(6) The Committee will make a recommendation to the Tribal Council. A positive recommendation will be made contingent on a successful perc test. No cutting, except to perform the perc test, may occur unless the site has a successful perc test.
(7) If Tribal Council approves the permit request, Forestry Staff will issue the permit and mark the trees to be harvested. The permit will be valid for a specified time, not to exceed one year from date of issuance.
(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 chemically-treated within 48-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) The enrolled member must present a written request to the Committee identifying the desire to sell firewood.
(2) The Committee will make a recommendation to the Tribal Council.
(3) If permit is approved by the Tribal Council, then the Firewood-for-Sale Permit will be issued and managed by the Tribal Forester.
(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 enrolled member is responsible to pay a nonrefundable stumpage charge of $200.00 to the Tribe before the permit will be issued by the Tribal Forester. This charge is subject to change according to fair market value of hardwood pulp and will be determined before the first of each year.
(6) 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.
(7) 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.
(4) The Tribal Council may instruct Forestry Staff to issue a temporary use permit subject to the conditions the Tribal Council desires.
