Lac Courte Oreilles Law Library
Lac Courte Oreilles Tribal Code of Law.

CSV.1.12.140 Firewood Subsistence Program Restrictions

(a) Woodlot Areas. Woodlot areas are intended for members and their families living on reservation lands that use firewood as the primary fuel source for their household. A member that resides outside of reservation lands and non-members may be issued permits upon a written request to the Tribal Governing Board. Such written request shall indicate who will be engaged in the cutting, whom will benefit from the cutting, and the timeframe that such cutting is requested. No members that reside outside of outside of reservation lands and non-members shall harvest within a woodlot area until a permit has been issued. Such a permit must be in the possession of the permittee while he/she is cutting fuelwood. No member or duly authorized non-member shall harvest (cut) fuelwood within a woodlot area, which means an area of reservation land which has been designated, marked, posted and approved by the Tribal Governing Board for fuelwood harvesting, as defined in Section CSV.1.2.010(p) of this ordinance, except as follows:

(1) Woodlot Area Posting. Before harvesting commences in a woodlot area, the area shall be posted and the boundaries clearly marked. The posting of an approved harvesting area may include, but is not limited to:

(A) Posting a sign clearly indicating "Woodlot Area."

(B) Posting a copy of this section of this ordinance.

(C) Posting a legal description and/or map of the land.

(D) Posting a notice of violations for unauthorized entry and/or use.

(E) Posting a copy of any other limitations, restrictions, or requirements approved by the Tribal Governing Board for a woodlot area.

(2) Hours of Operation. Woodlot areas are open from 8:00 am to 4:00 pm on Tuesdays and Saturdays during the firewood subsistence program season. Woodlot areas shall be locked and cabled after dark. There shall be no cutting of firewood in any woodlot area after hours or when the woodlots are closed. Any member or non-member who is in a woodlot area outside of the posted open hours, shall be violation of this ordinance.

(3) Firewood Punch Card Required. No member or duly authorized non-member shall harvest (cut) fuelwood within a woodlot area, except for their personal use with a firewood punch card issued by the tribal conservation department. Firewood punch cards shall be numbered in sequence for tracking purposes, along with the member's identification number and current address. Firewood punch cards shall have the date of issuance, a signature of the member named on the punch card, and a signature of a tribal conservation department representative. Any firewood punch card possessed without a tribal conservation department representative signature shall be invalid. Firewood punch cards shall have no more than 20 punches on each card and only one punch card shall be issued per household per season, except emergency loads can be requested based on need for reasons such as funerals, ceremonies, or extreme cold weather conditions. An emergency load shall be considered and approved at the discretion of the tribal conservation department or the Tribal Governing Board. The Tribal Governing Board has the authority to adjust and make changes to this program due to shortage of wood, road conditions, and/or weather conditions. Elders and disabled members may obtain a punch card and have another member cut wood for them. The member who will be cutting wood for them will be required to give their contact information to the woodlot area monitor and the tribal conservation department will follow up to ensure that the wood is going to the residence of the punch card holder. Any violations of this section, or misuse of the elder/disabled punch card shall result in penalties for that member, including being banned from all woodlot areas for the remainder of the firewood subsistence program season.

(A) A member living on reservation lands that uses firewood as the primary fuel source for their household shall apply for a firewood punch card at the tribal conservation department.

(B) If approved, the member shall pay a $25.00 fee to receive the firewood punch card.

(C) The member shall fill out, read and sign the Tribal Indemnity Agreement.

(D) The member must be present in the woodlot area while the firewood punch card is being used. A member may have another member cut for them as long as the firewood punch card holder accompanies the cutter in the woodlot area.

(E) When entering the woodlot area, the member must present their firewood punch card to the Woodlot Monitor prior to starting the woodcutting process.

(F) Except as otherwise authorized by the Tribal Governing Board pursuant to Section CSV.1.12.140(a) of this ordinance, a member's spouse that is not a member may utilize the woodlot area as long as the non-member spouse resides in the same household.

(4) Woodcutting Regulations. No member or duly authorized non-member shall harvest (cut) fuelwood within a woodlot area, except in compliance with all rules, policies and guidelines established by the Tribal Governing Board including:

(A) There shall be a limit of two truckloads of firewood per day for each household.

(B) No vehicles larger than three-quarter (¾) ton pick-up trucks shall be used. An SUV pulling an eight foot trailer is acceptable (8 x 5 x 1.8 foot trailer is a standard truck bed size).

(C) There shall be no cutting and stockpiling of wood by a cutting crew if there is no vehicle present.

(D) No cutting crew shall remain in a woodlot area after their vehicle has been loaded.

(E) No farm tractor, rubber tired skidder, or similar vehicle for gathering firewood shall be authorized in a woodlot area.

(F) All individuals utilizing the woodlot area shall clean up any trash, garbage, oil containers, etc. that they bring into the woodlot area.

(G) No open fires, fire pits or campfires are allowed in a woodlot area.

(H) No alcohol or illegal substances are allowed in a woodlot area.

(I) No person shall sell any fuelwood harvested from a woodlot area. Any persons caught selling fuelwood harvested from a woodlot area is subject shall face the forfeiture of their firewood punch card in addition to the receipt of a citation pursuant to this ordinance.

(5) Firewood Punch Card Revocation Reserved. The tribal conservation department and the Tribal Governing Board hereby reserves the right to revoke any firewood punch card if the regulations established in this section are violated.

(b) Home Delivery of Firewood. Members and their families living on reservation lands that use firewood as the primary fuel source for their household also have the option to purchase loggers cords of firewood. The firewood for this program is considered low-value marketable wood and is of variable species such as oak, ash, maple and birch. The tribal conservation department is not responsible for dirty, brushy, green or aged wood that is delivered. The firewood delivered shall be as-is. To utilize this program, a member shall apply as follows:

(1) A member must fill out the eligibility form at the tribal conservation department, then take the form to the accounting department at the main tribal government office to make a payment, then bring the form and receipt back to the tribal conservation department. No members shall be added to the firewood delivery list until all paperwork is returned to the tribal conservation department. A member applying for the firewood delivery program is responsible for ensuring that all paperwork is submitted. Neither the tribal conservation department, nor the accounting department are responsible for paperwork that is not submitted correctly.

(2) Elders and Disabled orders shall have priority for participation in the firewood delivery program. These orders shall be delivered before regular deliveries are made. All deliveries of firewood shall be pre-approved by the tribal conservation department or the Tribal Governing Board. The following loads of firewood are available for purchase:

Elders/Disabled Loads

5 Cords $200.00

10 Cords $350.00

Regular Loads

5 Cords $350.00

10 Cords $600.00

(3) Each household is only allowed to purchase one load of firewood per season.

(c) A member or duly authorized non-member may only use one firewood subsistence program, either the woodlot area (firewood punch card) program or the home delivery program per season, not both.