NINILCHIK TRADITIONAL COUNCIL
ORDINANCE 01-01
Consultation
AN ORDINANCE OF THE NINILCHIK TRADITIONAL
COUNCIL IMPLEMENTING TRIBAL CONSULTATION
PROCEDURES AND FOR RELATED PURPOSES
WHEREAS, the Ninilchik Traditional Council is the legitimate
governing body of
WHEREAS, the Ninilchik Traditional
Council is responsible for the orderly administration of various federal
grants, contracts and programs serving the members of the tribe and other Native
Americans living within the Tribe’s jurisdiction pursuant to contracts and
agreements with the United States of America; and
WHEREAS, federal, state and other
agencies often seek to consult with the Tribe regarding Ninilchik tribal
programs or other activities within the Tribe’s jurisdiction; and
WHEREAS, sometimes representations
are made that consultations have occurred with the Tribe when in fact they have
not occurred or where the nature or results of the consultation are misstated;
and
WHEREAS, when true consultation occurs, it is essential that
the nature and results of the consultation be clearly expressed and documented
by resolution of the Ninilchik Traditional Council.
THEREFORE
THE FOLLOWING TRIBAL CONSULTATION ORDINANCE IS HEREBY ADOPTED BY THE NINILCHIK
TRADITIONAL COUNCIL:
NINILCHIK TRIBAL
CONSULTATION ORDINANCE
Section 1. Title
and Purpose.
This ordinance shall be known as the
Ninilchik Tribal Consultation Ordinance of 2001. It is intended to establish a clear process for
documenting the nature and results of consultations between the Tribe and
federal, state, nonprofit or other agencies and organizations.
Section 2. Authority.
This ordinance is adopted pursuant to
Article VI, Section 1. (j.), of the Constitution of the
Ninilchik Tribe.
Section 3. Consultation.
Any federal, state, nonprofit or other
agency or organization wishing to consult with the Ninilchik Traditional
Council regarding any programs, functions, services or activities within the
Tribe’s geographic area (territory) must do so through a formal meeting with
the tribal council. No staff member of
the Ninilchik Traditional Council shall represent that written or other
discussions with staff members constitute consultation with the Ninilchik
Traditional Council.
Section 4. Documentation.
Following consultation with the Council, the Council
shall adopt a resolution documenting the nature and results of the
consultation. No federal, state,
nonprofit or other agency or organization may legitimately represent that they have consulted with the Ninilchik Traditional Council
or the Tribe except according to the terms of such resolution.
Section 5. Effective
Date.
This ordinance shall become effective immediately.
PASSED AND ADOPTED THIS _________ day of
_________________________,
2001 at
NINILCHIK TRADITIONAL COUNCIL
__________________________________
President
CERTIFICATION
I hereby certify that the foregoing
ordinance was duly adopted by the Ninilchik Traditional Council at a duly
called meeting on the ____________ day of ______________________, 2001, at
Ninilchik, Alaska by a vote of __________ FOR, __________ AGAINST, ___________
ABSTAINING and __________ ABSENT.
First reading:
Second reading:________________
_____________________________
Secretary
