A1-8 Havasupai Tribe - Resolution No. 64-18 - Tourism Code.pdf

HAVASUPAI TRIBAL COUNCIL

P. 0. Box 1 0 • Supai, Arizona 8 6 435

(828) 433-81 30 • Fax (828) 4 3 3-81 1 8

HA V ASUPAt TRIBE HA V ASUPAl TRIBAL COUNCIL

SUPAI, ARIZONA

Resolution '.\I o.64-18

(Enacting the Havasupai Tourism Code)

\\· 11 LRl::: A'.~. The IIm asupai Tri be is a federa l! ) recogn ized soYerc ign 1 ndian Tribe ocganized on June 8. 1880 by Pres identi al b.ecuti\·e Order and subsequently by Section 16 or the Indian Reorgani zation Ac t (the .. Tribe'" ): and

\,\'~lEREAS. The Amended Consti tution of the I-larnsupai Tri be ofHa\asupai Reser\'ation llhe ··Constitution .. ) prov ides. at Art icle V. Sect ion l(h) that the Tribal Council (ti-.c.:

"Counc il'") sha ll ha\·e the pcm er ··To adopt resolut ions. not incon~i:)ter:r \\·ith I th·2 f'ribe · s l Const itution and the attached By-la\\·s . regul ating the proci:clure of the Council itself and of other tribal agencies. tribc1. I officials. or tribal or~anizations":

and

\\ HERE.AS. The Tribe an11u all y hosts tens of tho usands of w uri sts \\·ho come to sec.' ti1t spec tacular scenery inc luding the \\·aterfalls: and

\\ 1-lERi~AS. Beyond the terms of the Entrance Permit. the Tribe currently has no ,vu;, u '--'n force tribal lcm s. regulm ions mid pol ic ics on these: non-Indian kwrist>.: c:md

1 lf-.RE.'..~. The Council instructed the Tribe·::i Office of General Counsel to regulate th·;;

acti, ities of'r\on-fnclian tourists \.rn the Rcsenation. and punish \ioL.11.icm~-; "'ith ci\·il fines: and

\ .. ;-1 ERJ-.. \S. The Office of General Councii prepared the attached draft of a Touris1~i C1~d,~ ten tac heel and incorporated herein b: reference): and

\ \ r; LRL \S. B) Rcsol ution :\ o. 5 3-1 8 the Tr"i o?I Counc i I publ is heel t'.1r: D:-a rt -l Oi.!1.; sir1 '. ·, :1.k· for pLtblic comment for 20 day:< and

\U\\. f HEREFORE BF IT RESOLVED by the l-Ia\cbupai Tribal Council th,ll:

, . The" HaY[bupai Tourism Code i'.:, hereb> en·1cted. as attached.

--:, ·r hs: Tribe·~ General Coun'.)el shall recor1.l this amendment in the rnc1sler copy of thi:.:· Trtbe·s Lrn and O,·c.kr Code accorclin~l).

BE IT FURTHER RESOL YEO. that the Tribal Chairnoman: or in her absence the Vice Chairman or designee. is hereby authorized and directed to sign all documents necessary to carry out the purposes of this Resolution.

CERTIFICATION

The foregoing Resolution is adopted pursuant to the authority of Article V. Section 1 of the Amended Constitution of the Havasupai Tribe. a federally recognized sovereign Indian Tribe and Article 11 of the Bylaws of the Havasupai Tribe at the Special Council meeting of the Tribal Council on the 19th day of October. 2018 by a vote of 4 for; 0 opposed and 3 abstained.

HAVASUPAI TRIBAL COUNCIL:

Muriel Coochwytevva. Chairvvorn

ATTEST:

CHAPTER 18. TOURISM

l 8.1 PURPOSE

The purpose of this Section is to protect the community and environment of the Havasupai Reservation. and to ensure the safety of tourists. by regulating the activities and practices of tourists visiting the Havasupai Reservat ion and of companies vvho bring tourists to the Reservation.

l 8.2 DEFINITIONS

A. ··Camera·· means any devices capable of capturing video or photographs. including cellular phones or other electronic devices when used in that capacity.

B. ··Outfitter .. means an individual. company. or employee of a company that furnishes tours onto the Reservation.

C:. .. Person·· means individual. company. organization or association.

D. ··Tourist"" means any non-resident individual. Indian or Non-Indian, who travels to and is within the exterior boundaries of the Havasupai Reservation primarily for the purposes of leisure or sightseeing, and any other Non-Indian present on the Reservation for any other purpose.

18.3 CONSENT TO THE CIVIL JURISDICTION OF THE HAVASUPAI TRIBE

Entrance onto the Reserrntion is conditioned upon the Tourist" s consent to the Tribe·s ci\-il regulatory and civil adjudicatory jurisdiction. By entering onto the Havasupai Reservation. non Indians consent to the Tribe·s civil regulatory and civi l adjudicatory jurisdiction. Tourists consent. contractually. to the Tribe·s civil jurisdiction by possessing an entrance permit to visit the ReserYation.

18.4 ALCOHOL

In addition to applicable federa l criminal liability. Tourists who possess alcohol are liable for ci \ ii fines in the following amounts:

A. Possession and Transport of Alcohol. It is prohibited and shall be a ci\·il infraction for a Tourist or Outfitter to possess or transport. or employ another to possess or transport. alcohol \\ ithin the exterior boundaries of the Reservation.

Persons who \'ioiate this Section shall be liable for a ciYil fine of $1.000.00 per offense and expuls ion from the Resen-ation.

B. Sale of Alcohol. It is prohibited and shall be a civil infraction for a Tourist or Outfitter to selL serve. or furnish at a price. alcohol within the exterior boundaries of the Reservation. Persons vvho violate this Section shall be liable for a ci\ il fine of $3.000.00 per offense and expulsion from the Reservation.

C. Consumption of Alcohol. It is prohibited and shall be a civil infraction for a Tourist or Outfitter to consume alcohol vvith in the exterior boundari es of the Reservation. Persons who violate this Section shall be liable for a civil fine of $1.000.00 per offense and expulsion from the Reservation.

18 .5 ILLEGAL DRUGS

The Havasupai Reservation is federal land. Regard less of state lavvs. all drugs listed in the Schedule of Controlled Substances, Title 21 C.F.R. Part 1380 that are federally prohibited are illegal on the Reservation. including Marijuana in any amount. In addition to applicable federal criminal liability. Tourists who possess illegal drugs are liable for civil fines in the follo\ving an1ounts:

A. Possession and Transport of Illegal Drugs. It is prohibited and shall be a ci\·il infraction for a Tourist or Outfitter to possess or transport. or employ another to possess or transport. illegal drugs within the exterior boundaries of the Reservation. Persons who violate this Section shall be liable for a civil fine of $5.000.00 per offense and expulsion from the Reservation.

B. Sa le of Illegal Drugs. It is prohibited and shall be a civil infraction for a Tourist or Outfitter to sell. sen·e. or furni sh at a price. illegal drugs 'Ai thin the exterior boundaries of the Reservation. Persons 'Aho violate this Section shall be liable for a civil fine of $5.000.00 per offense and expulsion from the Reservation.

C. Consumption of Illegal Drugs. It is prohibited and shall be a ci\·il infraction for a Tourist or Outfitter to ingest or othenvise use illegal drugs \\·ithin the exterior boundaries of the Resen'ation. Persons \\·ho violate thi s Section shall be liable for a ci\·il fine of $1.000.00 per offense and ex pulsion from the Reserrntion.

18.6 TRAILS

It shall be prohibited and a civil infraction for a To urist to leave designated trails. or to climb cliffs or canyon walls. di Ye off of \'v·aterfalls. or trespass onto Tribal members· homes or yard:"'.

Persons who violate this Section shall be liable for a ciYil fine of $200.00 and e»:pulsion from the Reservation.

18.7 CAMERAS

Supai is a living community and the privacy of its residents must be respected at all times.

Tourists or Outfitters taking pictures or video of tribal members. their homes. or the village is strictly prohibited. unless advance v\Titten permission has been granted by the Tribal Chairperson or Tribal Council. Cameras must be put away bet\\·een the first home south of the village and the last home on the trail to the waterfalls. Pictures of Tribal members or their animals on the trail may only be taken with the permission of the individual packer. Cameras used for taking video or photos in prohibited areas may be confiscated. and persons who violate this Section may be liable for a civil fine of $250.00 and expulsion from the Reservation.

18.8 DRONES

Out of concern for the safety of aircraft. the village and the village ·s residents. and for pri \'acy.

all drone usage is strictly prohibited within the exterior boundaries of the Reservation. unless granted written advance permission by the Tribal Chairperson or the Tribal Council. Persons found in violation of this Section shall ha\'e their drones confiscated by the Tribe and if they wish to have them returned. shall pay shipping postage. Persons found in violation of this Section shall also be liable for a civil fine of $250.00.

18.9 LITTERING

Tourists or Outfitters who deposit trash in any place other than designated trash receptacles or \Vho do not pack their trash out as may be required by Tourist Office policy shall be liable for a $1.000.00 ci\'il fine.

18. i O VANDALISM

It shall be prohibited for Tourists to vvrite on. mark. or otherwise deface rocks. trees. or other surfaces. whether natural or man-made. Those \Vho violate this Section shall be liable for a $500.00 ci\· il fine.

18.11 ARCHEOLOGICAL AND CULTURAL SITES

Tourists or Outfitters found disturbing. defacing. rernO\·ing. excavating, or trespassing onto archeological or cultural sites shall be liable for a $5,()00.00 civil fine and permanent exclusion from the Reser\'ation. in addition to applicable federal criminal penalties.

18.12 REMOVAL OF NATURAL RESOURCES

Remo\ ing rocks. plants. animals. or other natural resources from the Reservation shall be strictly prohibited. Those v;ho violate this Section shall he liable for a $500.00 fine.

18.13 VIOLATION OF ENTRANCE PERMIT COND ITIONS

All \'iolations by Tourists of the Tribe's Entrance Permit Conditions not specifically mentioned in this Code shall be punjshable by expulsion from the Reservation and any other penalties contained in the Entrance Permit.

18.14 VIOLATIONS OF RULES AND REGULA TlONS FOR OUTFITTERS

A. Liability. Outfitters \Vho violate the Rules and Regulations for Outfitters shall be ci\'illy liable for fines ranging bet\Yeen $1.000.00 and $5.000.00. and may be subject to suspension or revocation of their business license or expulsion and exclusion from the Reservation. as determined by the Tribal Council.

B. Penalty. In determining the severity of the penalty, the Tribal Council may consider the nature of the vio lation. if the Outfitter has committed this or other offenses in the past. and the necessity to protect the community.

18 .15 AUTHORITY TO ISSUE CIVIL CIT ATIO 1S

Employees of the Tribe·s Tourist Enterprise and Wildlife Program and Havasupai Lodge. so designated. may issue civil citat ions to Tourists and Outfitters for violations of this Code.

18 .16 CHALLENGES TO CITATIONS

A. Court Challenges. Except as pro\ ·i decl for in Section 18.7. Tourists or Outfitters who have been issued civil citations under this Code and who \Vish to challeng,;

the validity of their citation may do so. only after paying all fines. by filing a Petition \Vith the Havasupai Tribal Court within 30 days of the date of thei r citation .

B. Burden of Proof. The party filing any such challenge shall bear the burden of proving. by a preponderance standard. that their citation constituted an abuse of discretion by the Tribe.

C. Sovereign Immunity. In no case shall the Tribe be liable in a challenge under this Section for more than the amount of the penalty levied.

18.17 RECOG:"JITION OF JUDGMENTS THROUGH STA TE COURTS

The Tribe ma). at its discretion. apply to state courts for recognition of judgments issued by the Tribal Court pursuant to this Code.

18.18 EXECUTION OF JUDGME TTS

The Tribe may. at its discretion. seek in state court to e:-(ecute a civil judgement issued by the Tribal Court pursuant to this Code. through means including but not limited to garnishment of \Yages or exec ution on personal property.