Resolution No. 2024-38 — Adoption of the Lac Courte Oreilles Tribal Code of Law Utility Ordinance
WHEREAS, the Lac Courte Oreilles Band of Lake Superior Chippewa Indians is a federally recognized Indian tribe ("Tribe") organized pursuant to the provisions of the Indian Reorganization Act of 1934, 25 U.S.C. §5101, et seq.; and,
WHEREAS, the Tribal Governing Board serves as the governing body of Lac Courte Oreilles Band of Lake Superior Chippewa Indians pursuant to Article III, § 1 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians; and
WHEREAS, the Tribal Governing Board is empowered to "adopt ordinances" and "engage in any business that will fu11her the social or economic well-being of members" pursuant to Article V, § 1(g)-(h); and
WHEREAS, the Tribal Governing Board has the authority to pursuant to At1icle V,§ 1(l) to "organize, charter and regulate any association or group;" and
WHEREAS, it is in the best interest of the Tribe to establish a comprehensive system of tribal law to regulate the conduct of utilities operating on the Reservation; and
WHEREAS, the proposed Tribal Utility Code sets minimum standards that all utilities must comply with when operating on the Reservation, to ensure utility customers are not subjected to unfair, unreasonable, usury, or discriminatory practices by utilities; and
WHEREAS, the proposed Tribal Utility Code establishes utility standards to protect human safety and also places restrictions on the authority of an energy utility to cut off services during the cold weather months; and
WHEREAS, the proposed Tribal Utility Code establishes a Tribal Utility Authority to research and prepare an Implementation Plan, in cooperation with the Tribal Governing Board to create a separate utility "enterprise" that would be controlled and governed by the Tribal Utility Authority and the enacted Tribal Utility Code.
NOW THEREFORE BE IT RESOLVED, that the Tribal Governing Board hereby adopts and approves the Utility Code would establish a comprehensive system of tribal law to regulate the conduct of utilities operating on the Reservation and would establish a Tribal Utility Authority, as a Tribal enterprise that would provide and administer utility services to the Reservation.
CERTIFICATION
I, the undersigned, as Secretary/Treasurer of the Lac Courte Oreilles Tribal Governing Board, hereby certify that the Tribal Governing Board is composed of seven (7) members, of whom 5 being present, constituted a quorum at a meeting thereof, duly called, convened, and held on this 18th day of March, 2024, that the foregoing Resolution was duly adopted at said meeting by an affirmative vote of 4 members, 0 against, 0 abstaining, and that said Resolution is a lawful act of the Tribe.
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William Trepanier, Secretary/Treasurer
Lac Courte Oreilles Tribal Governing Board