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Jicarilla Apache Nation - Code

Most Recent Update: 2010 S-3 Supplement (Copyright: 2011)
Legislation current through Ord. 2009-O-402-07, passed 7-2-09 and Res. 2006-R-043-01, passed 10-31-05.
The S-4 Supplement (2023) is available for purchase from American Legal Publishing (1-800-445-5588).

Disclaimer: Although every effort is made to present current and accurate information, if you need an official version of the tribe’s laws, please contact the tribe.

The tribe has not given permission for the full text of this document to be online. Please contact the library for assistance or more information.

Table of Contents

REVISED CONSTITUTION OF THE JICARILLA APACHE TRIBE

TITLE 1: JICARILLA APACHE NATION COURT
1 Jurisdiction
2 Chief Judge
3 Associate Judges
4 Performance Review, Suspension and Removal of Judges
5 Court Administrator
6 Court Operations Branch
7 The Probation and Juvenile Branch

JICARILLA APCHE NATION LAND PROCLAMATIONS

TITLE 2: WRITTEN RULES OF COURT
1 Criminal Complaints and Warrants
2 Detention and Arraigmnent
3 Criminal Trial
4 Sentences
5 Confinement Procedures
6 Civil Matters
7 Officials of the Nation's Court
8 Disqualification of Judges
9 Rules Governing Legal Representatives
10 Exclusion or Removal from the Nation
11 Rules of Appellate Procedure
12 Assignment, Attachment and Garnishment of Wages and per Capita or Dividend Distribution
13 Court Rules Governing Tax Appeals
14 Uniform Act to Secure the Attention of Witnesses from Without A State in Criminal Proceedings
15 Court Criminal Proceedings for Witness Immunity in Prosecutor Investigations and Court Proceedings
16 Code of Ethics for Court Clerks
17 Code of Judicial Ethics
18 Notice Ordinance
19 Eminent Domain Code
20 Contempt of Court

TITLE 3: DOMESTIC RELATIONS
1 Marriage
2 Divorce
3 Husband and Wife
4 Adoption
5 Domestic Violence

TITLE 4: PROBATE CODE
1 Jurisdiction
2 Administration of Estate
3 Administrator and Nation Administrator of Estates
4 Notice to Creditors, Inventory and Claims of Creditors
5 Family Allowance
6 Payment of Claims and Expenses
7 Determination of Heirship and Final Settlement
8 Descent and Distribution
9 Testate Matters
10 Appeals
11 Summary Administration of Estates Valued at One Thousand Dollars ($1,000.00) or less
12 Individual Indian Money Accounts
13 Distribution to Minors and Incompetents
14 Deceased, Unmarried Minor's Estate
15 Person Missing for Seven (7) Years or More

TITLE 5: FAMILIES AND JUVENILE CODE
1 Children's Court and Provisions Common to Title 5
2 Delinquency Code
3 The Families in Need of Services Code
4 Indian Child Protection and Family Violence Prevention Act

TITLE 6: HEALTH, SAFETY AND WELFARE
1 Open Burning
2 Littering
3 Animal Code
4 Protective Services for Adults
5 Regulations Governing Sanitation at Food Service Establishments
6 HIV/AIDS Prevention

TITLE 7: CRIMINAL OFFENSES
I General Matters
2 Criminal Offenses

TITLE 8: TRAFFIC CODE
1 Definitions and Terms
2 Operators and Chauffeurs Licenses
3 Road Signs, Signals and Markings
4 Accidents
5 Traffic Regulations
6 Financial Responsibility
7 Operation of Vehicles Off-Highways
8 Operation of Motorcycles
9 Operation of Bicycles
10 Equipment
11 Enforcement
12 Snowmobiles
13 Child Passenger Restraint Law
14 Mandatory Seat Belt Law
15 Nation Vehicle Permits

TITLE 9: RANGE CODE
1 Purpose
2 Approval and Effect
3 Land Committee
4 Grazing Permit
5 Grazing Periods and Fees
6 Issuance of Grazing Permits
7 Termination of Grazing Permit
8 Appeal
9 Range Improvements
10 Trespasses, Wild and Stray Livestock
11 Range Control Stipulations
12 Special Use Area
13 Forms
14 Definitions
15 Appropriation and Declaration of Nation Waters\

TITLE 10: GAME ANDFISH CONSERVATION
1 Game and Fish Department
2 Hunting and Fishing Regulations
3 Permits
4 Offenses and Fine Schedules
5 Penalties
6 Assault and Battery on a Conservation Officer
7 Severability

TITLE 11: TAXATION
1 Tax Administration
2 Privilege Tax
3 Possessory Interest Tax
4 Severance Tax
5 Gasoline Tax
6 Capital Improvements Tax
7 Gross ReceiptsTax Ordinance

TITLE 12: ENTERPRISES
1 Jicarilla Apache Housing Authority
2 Jicarilla Apache Capital Improvement and Economic Development Fund
3 Jicarilla Apache Economic and Industrial Commission
4 Leasehold Management

TITLE 13: LAND USE CODE
1 General Provisions
2 Administration and Establishment of Land Use Commission
3 Establishment of Zones
4 Application and Permitting
5 Development, Site Planning and Subdivisions
6 Supplemental Use Regulations
7 Special Uses
8 Enforcement

TITLE 14: ENVIRONMENTAL PROTECTION
1 Enviromnental Protection Office
2 Weed Control and Pesticide Regulation
3 Unlined Surface Impoundments
4 Solid Waste Management
5 Water Quality
6 Air Quality
7 Underground Storage Tanks
8 Underground Injection Control

TITLE 15: MEMBERSffiP
1 Definitions
2 Census Office and Records
3 Determination of Membership
4 Procedures for Determination of Parentage by the Nation's Court
5 Distribution of Assets of the Nation
6 Membership Forms
7 Issuance of Nation Identification Cards and Elected Official Cards

TITLE 16: PER CAPITA DISTRIBUTION
1 Per Capita Distribution Fund
2 Elders' Benefit Program

TITLE 17: ELECTIONS
1 Applicability
2 Calling of Elections
3 Creation of Election Board; Interference with Election Board or Officials Is an Offense
4 Duties and Responsibilities of the Election Board
5 Electioneering and News Media
6 Record Keeping; Ru1es and Regulations
7 Alcoholic Beverages
8 Effective Date
9 Repealing Clause
10 Saving Clause

TITLE 18: OIL AND GAS
1 Oil and Gas Operating Permits
2 Pipeline Company Easements; Transportation of the Nation's in Kind Gas
3 Penalties for Late Payments
4 Oil and Gas Operating Regulations; Enforcement
5 Reserved
6 Reserved
7 Reserved
8 Surface Protection Requirements in Jicarilla Apache Oil and Gas Leases
9 Energy Resource Conservation and Development
10 Gas Valuation
11 Assignments, Subleases, Designations of Operator and Operating Rights on Gas and Oil Leases on the Jicarilla Apache Nation
12 Off-site Gas Measurement Permit
13 Review of Oil and Gas Agreements and Development Plans

TITLE 19: ADMINISTRATION
1 Personnel Code
2 Duties of the Secretary of the Nation
3 Disclosure of Information
4 Official Code of the Nation
5 Signature Authorization for Vouchers and Checks - Disbursements
6 Self Insurance/Worker's CompensationProgram
7 Reserved
8 Federal Drug-free WorkplaceAct
9 Preventing Conflicts of Interest in Natural Resource Agencies
10 Personnel Management for Appointed Officials and Employees
11 Legal Name

TITLE 20: LEGISLATIVE COUNCIL
1 Legislative Council Procedures
2 Procedures for Removal of Elected Officials
3 Salaried Positions

TITLE 21: WATER CODE
1 General Provisions
2 Miscellaneous Provisions
3 Water Commission
4 Water Regulations
5 Water Administrator
6 Guidelines for Administratiou
7 Permitting Procedures
8 Issuance of Permits
9 Determination of Availability and Beneficial Use
10 Transfer of Permitted Uses
11 Loss of Permitted Water Uses
12 Hearing Procedures
I3 Appellate Review
14 Violations and Penalties
15 Water Marketing
16 Contract Administration and Accounting Requirements
17 Enforcement of Priority of Use
18 Water Rights Trust Fund

TITLE 22: BUSINESS
1 Liquor Licensing
2 Gaming Regulation
3 Limited Liability Company Code

TITLE 23: INDIAN PREFERENCE
1 Indian Preference Contracting and Employment Ordinance

TITLE 24: WATER AND WASTEWATER UTILITY
1 General Provisions
2 Administration
3 Municipal Water System
4 Sewers and Sewage Disposal
5 Private Sewage Disposal
6 Building Sewers and Connections
7 Discharge Restrictions