[HISTORY: Adopted by the Legislature of the Menominee Indian
Tribe as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-16-2017 by Ord. No. 17-24]
The Menominee Constitution and Bylaws, Article X and Article
XI, grant authority to the Tribal Legislature, the duly constituted
governing body of the Menominee Indian Tribe, to grant permission
to qualified tribal members the use of specified portions of tribal
land for recreational purposes consistent with the principles of conservation
under a comprehensive land use plan.
The Menominee Indian Tribe historically inhabited more than
12 million acres of land in what became the State of Wisconsin. Land
cessions by treaties reduced Menominee Land to about 235,000 acres
by 1854. Tribal lands were further reduced by the disastrous policy
of Termination. Today almost 90% of tribal land is held in sustained
yield. That leaves only 10% for other uses, including housing and
tribal government operations. Thus, it can be seen that use of tribal
land for recreational purposes is a luxury and privilege available
for an extremely limited few of the more than 9,000 tribal members
who are eligible for such uses. It is, therefore, incumbent on tribal
government to promulgate strict mandatory limitations on recreational
use of tribal land by tribal members to allow fair use of a limited
resource. The purpose of a recreational land use assignment is to
provide an area for enjoyment of the outdoors, such as fishing, camping,
boating, and family gatherings by qualified tribal members and their
guests.
As used in this article, the following terms shall have the
meanings indicated:
A person who has acquired the right to temporarily possess
and use tribal land by executing a land use assignment and is eligible
under this article.
A living, adult, enrolled tribal member who is also a family
member of the assignee. A beneficiary must have the sufficient mental
capacity to make legal decisions and to make and communicate appropriate
decisions except as authorized in this article.
A person's father, mother, brother, sister, child, grandparent,
grandchild, legal father-in-law, legal mother-in-law, sister-in-law,
brother-in-law, son-in-law, daughter-in-law, legal stepfather, stepmother,
stepchildren, stepbrother, and stepsister.
The Tribe does not distinguish or discriminate in defining a
familial relationship; therefore a family is also defined as (a) two
people legally married and recognized by Tribal law; (b) two individuals
living together (meaning cohabitation evidenced by sworn statement
on the application form); or (c) a single adult person and, residing
in the same household of (a), (b) or (c) herein, any biological child(ren)
or legally adopted child(ren) under the age of 18 years.
Dissolution of a family relationship may be by divorce or by
sworn statements of person(s) who are no longer living in a common-law-type
living arrangement.
Two people legally married and recognized by tribal law,
two individuals living together (meaning cohabitation as evidenced
by a sworn statement on the application form), or a single adult person
residing in the same household as the above, or with any biological
children or legally adopted children, including tribal custom adoption,
under the age of 18 years old.
Those invited by the assignee and shall be the same as those listed in § 525-4A, Consent to access tribal lands, except the assignee may not invite individuals banished by the Tribe.
The land which is described in the Treaties of 1854 and 1856
and any additional land which may be legally added to the exterior
bounds of the reservation under applicable federal and tribal law.
Any person whose name appears on the Official Tribal Membership per Chapter 69.
A grant to use tribal land through an assignment for the
purpose of recreational use that conveys a temporary possessory interest
with owner use privileges granted to the assignee only for those privileges
authorized by the tribe in this article.
This term is interchangeable with the term "land use assignment"
used in the Menominee Constitution in reference to permission by the
Tribe to use portions of tribal land.
That portion of land designated by the Community Development
Department as available for recreational purposes and used exclusively
for nonresidential purposes.
See "Menominee tribal member."
The Menominee Indian Tribe of Wisconsin, hereinafter "Tribe."
The following criteria shall determine who is eligible for recreational
land use assignment and general rules of applicability.
A.
The applicant must be a living, adult, competent tribal member.
B.
No tribal member is eligible to apply for a recreational land use assignment as long as that member's name is included on the list of debtors created and maintained pursuant to Chapter 44, Debt Collection.
C.
Any tribal member who is on the waiting list for a recreational land use assignment and is subsequently added to the Chapter 44, Debtors, list shall be removed from the waiting list unless the person acts to remove his/her name from the Chapter 44 debtor's list within six months of being placed thereon.
D.
Only one application is allowed per family unit.
E.
Only one tribal member's name can be listed on the application
for recreational land use assignment.
F.
No tribal member is eligible to apply for a Type 1 or Type 2 recreational
land use assignment if they, or their family unit, already have a
Type 1 or Type 2 recreational land use assignment, waterfront residential
lease, or have fee ownership of other waterfront property on the Menominee
Indian Reservation.
G.
No tribal member, or its family unit, may have more than one recreational
land assignment.
H.
Acquiring fee ownership of any waterfront property or assignment/transfer
of waterfront residential lease within the Menominee Indian Reservation
by the assignee, or their family unit, during the term of an assignee's
Type 1 or Type 2 recreational land use assignment shall constitute
grounds for termination of their assignment.
A.
An application must be filed with the Community Development Department
along with a nonrefundable administrative fee payable to the Menominee
Indian Tribe of Wisconsin.
B.
Applications shall be made available through the Community Development
Department.
C.
Applications will be accepted, dated and time noted, when the application
is completed and the administrative fee is paid.
D.
Incomplete or false information on applications will cause the rejection
of the application. Notice of rejected applications will be sent to
the mailing address provided on the application.
E.
Applicants may only request any one of the three types of lots. Type
No. 1 and Type No. 2 lot requests are filled by date and time and
added to a waiting list. Requests for Type No. 3 lots are more readily
available and are assigned on a first-come-first-served basis. These
waiting lists are maintained and constitute a list of eligible applicants.
There are three types of recreational lots:
When a recreational lot becomes available:
A.
The eligible applicant who applied for a Type No. 1 or Type No. 2
recreational lot is notified by the Community Development Department
by certified letter of the available lot, addressed to the official
address of the tribal member as listed on the application form. Applicants
are responsible to keep the Community Development Department informed
of their current, accurate address. If the certified mail notice is
not accepted and returned to the Community Development Department,
the application shall be deemed null and void and removed from the
list of applications. No applicant shall be prohibited from reapplying
for a recreational lot if they are removed from the waiting list pursuant
to this section.
B.
The eligible applicant has 10 working days after notification of
the availability of a recreational lot to accept or reject the assignment.
If the applicant does not notify the Community Development Department
of either an acceptance or rejection of the lot, the applicant's
name will be removed from the waiting list. If an applicant rejects
an assignment from the Community Development Department, the applicant
will retain his/her place on the waiting list. In the event of acceptance,
within this ten-day period, the applicant shall complete the land
use assignment form and update the application if necessary. No applicant
shall be prohibited from reapplying for a recreational lot if they
are removed from the waiting list pursuant to this section.
C.
Upon acceptance in Step 3 above, the Community Development Committee
shall submit the name of the applicant and the lot description in
ordinance form for approval by the Tribal Legislature at the next
regular legislative meeting.
D.
Upon approval of the recreational lot request by the Tribal Legislature,
the Community Development Department shall notify the approved applicant
that he/she has 30 calendar days to pay the assignment fee.
A.
Fees shall be set, established in a fee schedule, by the Community
Development Department and approved by motion of the Tribal Legislature.
These fees shall be posted for five business days before they shall
become effective.
B.
The fee schedule, at a minimum, shall include:
C.
Fees are annual and due and payable on or before October 31. Lots
assigned throughout the year shall be prorated; provided, however,
that no prorated fee shall be less than $25. If an assignee does not
pay the annual fee in October, the assignment fee will be doubled.
The fee and penalty shall then be due by November 30.
D.
In the event a check for the fee payment is returned for insufficient
funds or closed accounts, a service fee of $15 will be charged. If
the assignee then fails to pay the appropriate fee, penalty fees and
service fees, in accordance with the Menominee Indian Tribe of Wisconsin
Accounting Procedures, by November 30, the land use assignment will
be cancelled.
E.
The Community Development Department shall notify recreational land
use assignment holders by United States Mail of fee payments due on
the following schedule:
F.
The Community Development Department shall post notices to the community in alignment with Chapter 177 post procedures in August, September, and October as a reminder that fees are due by October 31.
G.
Payments must be received or postmarked by October 31.
H.
Fee payments, except by assignees eligible for extensions under § 610-8K below, not received in the Community Development Department by 4:00 p.m. on the last working day of November shall result in cancellation of the recreational land use assignment.
I.
The Community Development Department shall prepare a list of delinquent
assignees and submit such list to the Community Development Committee.
J.
Failure of the assignee of a recreational land use assignment to pay the assigned fee shall result in cancellation of the recreational land use assignment provided for herein, unless the assignee qualifies for special consideration under § 610-8K below.
K.
Special consideration for catastrophic events. In the event an assignee
is subject to a catastrophic event as determined by the Community
Development Department, the assignee shall have an additional 45 days
in which to pay his/her fee and will be responsible for paying any
late payment penalties. Individuals who have been given special consideration
for catastrophic events are not eligible to file appeals.
Recreational lots may be converted to residential lots if the assignee has proof, verified by the Community Development Department, of tangible plans for building a residence (permanent structure) and must follow the residential lease requirements of Chapter 138.
A.
The assignee must continue to pay the recreational land use assignment
fee until the permanent structure is completed.
B.
The assignee must pay a one-time fee of $1,000 if the assignee's
lot is converted from a recreational lot under a land use assignment
to a residential lot under a residential lease.
Pursuant to Article XI, Section 1, Subsection (c), of the Menominee
Constitution and Bylaws, the Tribal Legislature hereby ordains the
following rules and regulations for transfer of recreational land
use assignments by tribal members:
A.
All recreational land use assignment holders shall be required to
execute a notarized beneficiary designation for his/her recreational
land use assignment to whom the assignment shall be granted upon their
death.
B.
The beneficiary of a recreational land use assignment shall be subject
to all tribal laws.
C.
The assignee shall designate the named beneficiary in his/her land
use assignment. If there is no valid, named beneficiary contained
in the land use assignment at the time of the death of the assignee,
the assignment shall be cancelled.
D.
A beneficiary may not be granted a recreational land use assignment
if the beneficiary already holds another recreational land use assignment
or fee ownership of other waterfront property on the Menominee Indian
Reservation.
E.
An individual is not an eligible beneficiary if they or their family
unit already own or lease waterfront property on the reservation.
F.
A beneficiary must have the sufficient mental capacity to make legal
decisions and to make and communicate appropriate decisions, with
the exception of the following circumstances:
G.
The appointed guardian or conservator, or person with durable power
of attorney, must act in the best interest of the beneficiary when
designating a new beneficiary, provided that such action is within
the scope of the guardian's, conservator's, or durable power
of attorney's authority or approved by the court overseeing the
guardianship or conservatorship.
H.
No person who has durable power of attorney, nor his or her immediate
family, shall benefit from the designation of a new beneficiary. For
the purpose of this subsection, "immediate family" shall mean spouse
and biological or legally adopted children.
I.
No person who is a guardian or conservator, nor his or her immediate
family, shall benefit from the designation of a new beneficiary, unless
the court approves such designation. For the purpose of this subsection,
"immediate family" shall mean spouse and biological or legally adopted
children, unless such children are siblings to the original beneficiary.
A.
Recreational land use assignment holders shall abide by all rules and regulations of Chapter 600, Comprehensive Land Use and Natural Resources Plan. In the event of notification by appropriate authorities that an assignee is in violation of such tribal law, failure to correct such violation within 30 days shall result in submission of that person's land use assignment for cancellation by the Tribal Legislature.
B.
The assignee is personally responsible for knowing the requirements
of these policies and procedures, and any failure to strictly observe
these mandates shall result in submission of that person's land
use assignment for cancellation by the Tribal Legislature.
C.
In some special circumstances, when the assignee is an enrolled Menominee
tribal elder and requires some assistance in carrying out the requirements
of the land use assignment, the name of the caretaker may be added
to the land use assignment with the added provision that the caretaker
has no rights of inheritance to the recreational land use assignment.
D.
An individual is not eligible for waterfront property if they already
own or lease lakefront property within the Menominee Indian Tribe
of Wisconsin.
E.
An applicant is eligible for only one lake lot per family unit.
F.
A tribal member can only hold one recreational land use assignment.
G.
Assignees are absolutely prohibited from making commercial use of
their assigned property, including but not limited to, subleasing,
renting out space for camping, renting in any form to another party,
conducting a business for profit, selling personal services on the
assigned property, or other such activity. The Community Development
Department shall refer any such prohibited activity to the appropriate
authorities and upon conviction of a citation by an authorized law
enforcement officer shall recommend cancellation of the involved person
to the Tribal Legislature.
H.
Recreational land use assignment requirements. All recreational land
use assignments shall be in writing and, at a minimum, shall contain
the following:
(1)
Name of the parties to the land use assignment;
(2)
A description of the land being assigned;
(3)
The term of the land use assignment and the effective date of the
assignment and assignment documents;
(4)
A description of the purpose of the recreational land use assignment
and what uses of the premises are authorized;
(5)
The annual fee amount that is due, and when it is due, who receives
it, what form of payment is acceptable, and a description of late
charges and special fees that may apply;
(6)
Provide that the assignee must comply with all applicable laws, rules,
regulations, and policies;
(7)
State any express prohibitions for unlawful conduct, creation of
nuisances, illegal activity, or negligent use or waste of assigned
premises or any other prohibited actions under this article;
(8)
State the governing law;
(9)
State the means by which a termination and/or cancellation of the
land use assignment shall occur;
(10)
State the Tribe as assignor, and its authorized representative
shall have the rights, at any reasonable times during the term of
the land use assignment, and with reasonable notice, to enter on the
assigned recreational lot, or any part thereof, to inspect the premises
for compliance of this article;
(11)
Express prohibition from expanding the lot, constructive possession,
and the construction of any improvements beyond what is described
and recorded in the land use assignment; and
(12)
Any other terms or provisions the Tribe deems necessary.
If a tribal member wishes to dispute a ruling made by the Community
Development Department concerning an issue governed by this article,
the following steps shall be taken.
A.
Step 1. The complaining person, "complainant," shall submit a signed,
written statement of complaint to the Community Development Department
within five working days of the occurrence. No other type of complaint
shall be accepted.
B.
Step 2. The Community Development Department shall immediately undertake
an investigation of the complaint and shall respond to the complaint
within 10 working days, unless the matter requires a longer period
of investigation as determined by the Community Development Department.
If it will take longer than 10 working days to investigate the complaint,
the Community Development Department shall notify the complainant
that additional time is needed to investigate the complaint. The additional
time shall not exceed an additional 14 working days. The complainant
and Community Development Committee Chairperson shall be informed
of the progress of the investigation.
C.
Step 3. If as a result of a complaint and investigation the Community
Development Department discovers a violation of tribal law, a report
shall be submitted within three working days to the appropriate authorities.
D.
Step 4. Intermediate appeals, defined as any resolved complaints
having gone through the foregoing appeal steps, may be appealed within
five working days of the final decision above to the Community Development
Committee. The Community Development Committee Chairperson shall issue
a written decision to the complainant within 30 days of hearing the
intermediate appeal. The Community Development Committee shall call
a meeting within this thirty-day period, unless there is good cause
a meeting cannot be held. If a meeting cannot be held, the Committee
Chairperson may take a straw poll over decisions needing a Committee
vote or consensus in order to complete the written decision within
the required time frame.
E.
Step 5. Final appeal, initiated by a written signed request within
five working days of the decision in Step 4, may be made to the Tribal
Legislature. The Legislature shall entertain the written request within
30 days under Executive Session and will be provided all records and
written materials and may request any witnesses.
F.
Step 6. These appeal procedures are the final administrative remedy,
and further appeals shall be to the Menominee Tribal Court.
In the event that the language of any provision contained within
this article conflicts with a previous ordinance or section of code
enacted by the Menominee Indian Tribe of Wisconsin, the provisions
contained within this article shall supersede the language contained
in any previously enacted ordinances or section of code with respect
to recreational leases or recreational land use assignments.
