CHAPTER 18-1
GENERAL

18-1-1 Title.

This title shall be known as the Prairie Band Potawatomi Nation Conservation Title or Fish and Wildlife Title.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)

18-1-2 Authority.

This title is enacted by the Tribal Council who has the responsibility for lawmaking; and the power pursuant to the Prairie Band Potawatomi Nation Constitution Article V, Section 1, (e), to protect natural resources and regulate hunting, fishing, trapping and plant gathering.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)

18-1-3 Purpose.

It is the purpose of this title to:

(A)    Ensure the protection of sovereign tribal subsistence rights and the conservation of Potawatomi cultural traditions for future generations.

(B)    Secure the opportunity for and preservation of traditional ways of life in cultural ways that honor and respect all tribal lands.

(C)    Provide an orderly system for tribal control and regulation of hunting, fishing, native plant harvesting and trapping activities on the lands established as the Prairie Band Potawatomi Nation Reservation.

(D)    Provide a means of conservation, enhancement, protection, and management of the Reservation’s fish and wildlife populations through the regulation of member, non-member and non-Indian activities.

(E)    Provide a means of enforcing rules and regulations of this title contained hereafter.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)

18-1-4 Jurisdiction.

This title shall govern the activities of hunting, fishing, plant harvesting and trapping on the Prairie Band Potawatomi Nation Reservation to include but not limited to the following:

(A)    To the extent of the civil aspects of this title, the Nation shall have exclusive jurisdiction over all civil matters on all lands and waters within the Reservation to the extent not prohibited by Federal law.

(B)    To the extent of the criminal aspects of this title and as permitted by Federal law, the Nation shall have jurisdiction over all Indians on all lands and waters within the Prairie Band Potawatomi Reservation.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)

18-1-5 Effective Date.

This title shall be effective on the date adopted by the Prairie Band Potawatomi Nation’s governing body.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)

18-1-6 Severability and Non-Liability.

If any section, provision, or portion of this title is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this title shall not be affected thereby.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)

18-1-7. Sovereign Immunity.

The Prairie Band Potawatomi Nation asserts sovereign immunity on its part and that of its agencies, employees, and agents from any action or damages that may occur as a result of reliance upon or conformance with this title.

(Enacted by PBP TC No. 2020-123, April 8, 2020)

18-1-8 Repeal of Inconsistent Tribal Ordinances.

All ordinances and resolutions inconsistent with this title are hereby repealed. To the extent that this document imposes greater restrictions than those contained in any other tribal ordinances, the provision of this document shall govern.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-1-7)