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

CSV.8.4.030 Powers and Duties of the Director of the Agricultural Division

The Director of the Agricultural Division shall have the power and responsibility to carry out all measures necessary for effective implementation of this ordinance including, not limited to:

(a) Regularly report to and advise the Tribal Governing Board on Hemp activities as set forth in this ordinance.

(b) Exercise all powers and responsibilities of the Agricultural Division as set forth in this ordinance and as delegated and directed by the Tribal Governing Board.

(c) Acknowledging and addressing Band members needs/concerns pertaining to Hemp activities authorized by this ordinance.

(d) Establishing an efficient process for license applications and promptly communicating eligibility determinations to tribal and federal authorities and license applicants as requested by the Director of the Lac Courte Oreilles Conservation Department Director or the Tribal Governing Board.

(e) Reviewing, making determinations, and recommendations to the Tribal Governing Board that it approve and/or deny the eligibility of licenses for all Hemp related activities on lots within the jurisdiction of the Tribe and the renewal of licenses.

(f) Creation and review of rules, standards and regulations, as well as to provide recommendations on the promulgation of additional rules, standards, and regulations as are reasonably necessary to carry out the responsibilities of this ordinance and all relevant Hemp regulations and policies as requested by the Tribal Governing Board.

(g) Enforcement of the provisions of this ordinance.

(h) Establishing sampling techniques consistent with USDA requirements.

(i) Conducting sampling and inspection of Hemp activities related to Cannabis sativa L. on lots within the jurisdiction of the Tribe.

(j) Setting fees and/or imposing and collecting fees set by this ordinance or by the Agriculture Division in execution of this ordinance.

(k) Performing testing of Hemp and Cannabis sativa L. for total Delta-9-THC concentrations consistent with this ordinance.

(l) Ensuring compliance with all Tribal, and applicable State and Federal laws, rules and regulations regarding Hemp.

(m) Establishing and imposing civil fines and penalties and other sanctions as deemed appropriate to enforce the requirements of this ordinance and as well as violations of any tribal rule or regulation.

(n) Holding hearings and requiring licensees and license Applicants to appear and testify under oath regarding matters related to the enforcement of this ordinance, tribal regulations and licensing requirements.

(o) Coordinating with relevant Tribal, State and Federal agencies and law enforcement agencies.

(p) Keeping accurate records of all applications for licensure, grants or denials of licenses, receipts of fees, distribution of fees and revenues to the Tribe, and other matters within the responsibility of the Director of the Agricultural Division.

(q) Establishing and carrying out a practice to maintain relevant information regarding lots on which Hemp is produced within the jurisdiction of the Tribe, including a legal description of the lots, for a period of not less than three (3) calendar years.

(r) Requiring labeling of Hemp for THC concentrations, Pesticides and other items as determined by the Agricultural Division.

(s) Entering into agreements with third parties to assist the Agricultural Division in fulfilling its duties.

(t) Periodically reporting to the Tribal Governing Board on Hemp policies and practices that will result in the proper and legal production, management, marketing, processing, and use of the Tribe's Hemp industry. Such policies and practices should address the following:

(1) Legal and regulatory impediments;

(2) The economic and financial feasibility of a Hemp market on lots within the jurisdiction of the Tribe;

(3) Tribal businesses that may potentially produce and process Hemp;

(4) Examination of research on Hemp production and utilization;

(5) The potential for national and global marketing of Hemp production on lots within the jurisdiction of the Tribe;

(6) The feasibility of private funding for a Tribal Hemp research program;

(7) Law enforcement concerns; and,

(8) Technical support and education about Hemp.

(u) Providing advice as directed by the Tribal Governing Board or requested by the Executive Director of the Lac Courte Oreilles Conservation Department on matters relevant to Hemp activities authorized by this ordinance.

(v) Hire, supervision and termination of staff of the Agricultural Division necessary to carry out the rules of the Agricultural Division, within budgetary constraints established by the Tribal Governing Board.