Title 32 – Cultural Resource Protection Ordinance


Chapter 1. General Provisions

Sec. 101. Declaration of Policy and Intent.
Sec. 102. Findings.
Sec. 103. Legal Authority
Sec. 104. Name and Short Title.
Sec. 105. Severability.
Sec. 106. Applicability.
Sec. 107. Effective Date.

Chapter 2. Definitions

Sec. 201. Archaeological Resource.
Sec. 202. Archaeological Site.
Sec. 203. Burial Item.
Sec. 204. Burial Site.
Sec. 205. Community Register.
Sec. 206. Tribes.
Sec. 207. Tribal Executive Board (TEB).
Sec. 208. Cultural Resource.
Sec. 209. Duly authorized Law Enforcement Official.
Sec. 210. Funerary Item.
Sec. 211. Human Remains.
Sec. 212. Indian.
Sec. 213. Ordinance or CRPO.
Sec. 214. Person.
Sec. 215. Preservation Officer.
Sec. 216. Protected Lands.
Sec. 217. Reoccurring Violation.
Sec. 218. Sacred Items.
Sec. 219. Spiritual Site.
Sec. 220. Responsible Person.
Sec. 221. Tribal Member.
Sec. 222. Undertaking.

Chapter 3. Cultural Preservation Officer

Sec. 301. Tribal Cultural Preservation Office.
Sec. 302. Preservation Officer.
Sec. 303. Responsibilities of the Preservation Officer.

Chapter 4. The Cultural Preservation Board

Sec. 401. Establishment and Selection of a Cultural Preservation Board.
Sec. 402. Board Member Qualifications.
Sec. 403. Term.
Sec. 404. Vacancy and Interim Appointment.
Sec. 405. Compensation
Sec. 406. Duties of the Preservation Board.
Sec. 407. Duties of the Preservation Board Off the Reservation.

Chapter 5. Confidentiality and Disclosure

Sec. 501. Confidentiality.

Chapter 6. Presumption of Cultural Resources

Sec. 601. Presumption.

Chapter 7. Application for a Permit

Sec. 701. Permits required.
Sec. 702. Permit Application and Permit Fee.
Sec. 703. Application for Permit.

Chapter 8. Identification and Evaluation

Sec. 801. Determining whether the Application is an Undertaking.
Sec. 802. Evaluating the Undertaking.

Chapter 9. Permit Determination

Sec. 901. Determination Based upon Permit Application and Identification and Evaluation Information.
Sec. 902. Appealing the Preservation Officer's Decision.
Sec. 903. Post-Permit Discoveries.
Sec. 904. Reacting to Emergencies without a Permit.

Chapter 10. Complaint and Hearing Procedure

Sec. 1001. Filing a Complaint.
Sec. 1002. Informal Settlement Efforts and Hearing.
Sec. 1003. Serving Notice of a Hearing.
Sec. 1004. Contents of the Notice of a Hearing.
Sec. 1005. Conflict of Interest.
Sec. 1006. Rules of Procedure.

Chapter 11. Penalties

Sec. 1101. Possible Penalties for a Person's Violations.

Chapter 12. Appeals Procedure

Sec. 1201. Tribal Court Jurisdiction.
Sec. 1202. Standard of Review.
Sec. 1203. Notice of Appeal.
Sec. 1204. Petition for Bond.
Sec. 1205. Petition for Court Order to Enforce a Preservation Board Order.
Sec. 1206. Final Decision of the Preservation Board or the Tribal Court.

Chapter 13. Implementation of the Native American Graves Protection and Repatriation Act and Other Federal Laws

Sec. 1301. Policy.
Sec. 1302. Implementation.

Chapter 14. Sovereign Immunity

Sec. 1401. Sovereign Immunity