Indigenous Research Protection Act

WHEREAS, pursuant to the ________ Treaty, [or Executive Order or Agreement] the _________ Tribe reserved the ______ Reservation (hereinafter "Reservation") for present and future generations of the _________ people, and the _______ Tribal Council (or Executive Committee) has a duty and responsibility to protect the Reservation and traditional aboriginal homelands of the _______ people; and

WHEREAS the Reservation forms a sizeable geographic area for the exercise of Tribal jurisdiction, supports a residing population, is the basis for the Tribal economy, and provides an irreplaceable forum for cultural vitality based on religious and cultural traditions premised on the sacredness of land; and

WHEREAS the original territory of the Tribe, including land off-Reservation, contain significant cultural and religious sites which continue to be utilized by Tribal members; and

WHEREAS the ______ Tribe, by and through the _________ Council, has the inherent sovereign authority to regulate the conduct and activities on all lands within the jurisdiction of the Tribe, and as expressly established in the Constitution of the _____ Tribe, to promulgate, adopt, and enact laws for the control and regulation on all lands within the jurisdiction of the Tribe, and to protect the health, economic security, and general welfare of the Tribe and its members

NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE _______________ TRIBE an Ordinance to be known as the "Indigenous Research Protection Act."


SECTION 1. FINDINGS AND POLICY.

1.1 The natural and cultural landscapes, including wildlife, flora, fauna, waters, and biogenetics, among others, located on aboriginal and present day Tribal lands are owned by the Tribe and the disposition, development, and utilization thereof are under the Tribe's full control and supervision.

1.2 The integrity and orientation of past, present, and future generations of the _______ people is founded upon a unique and invaluable cultural, historical and environmental ethic. This Tribal ethic defines and perpetuates a communal identity, language, history, and value system which involves an irrevocable cultural attachment to the native landscape ecology, and the human inseparability and interdependence with species and biological diversity.

1.3 The Tribe has the right of self-determination and in exercising that right must be recognized as the exclusive owner of indigenous traditional knowledge.

1.4 Indigenous knowledge, cultural and biogenetic resources, and intellectual property rights have been, and continue to be, damaged, destroyed, stolen, misappropriated, both on and off the Reservation and Tribal members have been the subjects of research for decades, with virtually no benefits returning back to the community from the research.

1.5 The Tribe finds that it is in the best interest of the Tribal community to establish a research review mechanism to prevent the continued abuses, to protect the people's traditional knowledge and properties, and thereby to ensure our rights to continue to practice traditional lifeways and long term survival thereof.

1.6 The established research review process is developed as a mechanism to improve relations between the Tribe and scientists/researchers, and to promote collaboration within the framework of mutual respect, equity, and empowerment, and to identify benefits and risks to the Tribal community.

SECTION 2. PURPOSE.
2.1 The purposes of this Ordinance are to:

a. protect the people, culture and natural resources of the Tribe and the Tribe's future generations from unauthorized scientific research; and

b. to reduce the adverse effects of research and related activities on the Tribal community; and

c. to ensure that researchers recognize Tribal control of research activities and that the Tribe owns all data and information generated or produced by such research; and

d. to establish and provide a statutory basis for a process to review and govern any research, collection, database, or publication undertaken on the Reservation.

2.2 All research activities conducted on the Reservation must comply with this ordinance.

2.3 The Tribe reserves its right, through its inherent sovereign authority and its police power, to exclude individuals from the Reservation and to deny permission and access for any research activities whatsoever.


SECTION 3. DEFINITIONS.

For purposes of this Act:

3.1 "__________ Tribal Community" includes Tribal members, their descendants and ancestors, and other individuals, families, clans, governments and people residing within the exterior boundaries of the Reservation.

3.2 "Academic Research" means research carried out to obtain
educational qualifications or as part of their academic career at a university or affiliated institutions.

3.3 "Biodiversity" means the total variety of life in all its forms. It includes many levels that range from the level of alleles to the biosphere. The major elements of biodiversity include alleles, genes, populations, species, ecosystems, landscapes, and the ecological processes of which they are a part.

3.4 "Biogenetic Resources" means biological and genetic resources, including plant material, animals, microorganisms, cells, and genes.

3.5 "Biological Samples" means, but is not limited to: bacteria and other microorganisms, bacteria, plant, animal, or any human biological materials, genetic samples, any copies of the original genetic samples, any cell lines containing copies of the original genetic samples, and data derived from these samples.

3.6 "Commercial Purposes" means to sell, purchase, barter, trade, delayed compensation for profit, exchange, transport, or offer to sell, purchase, barter, trade, delay compensation for profit, exchange, or transport.

3.7 "Cultural Research" means any endeavor, by means of critical investigation and study of a subject, to discover new or collate old facts or hypotheses on a cultural subject, the latter being defined as any ethnographic or anthropological study, including basic data collection, studies of or incorporating traditional knowledge or classifications systems (e.g. studies of medicinal properties of plants), documentary films, archaeology, linguistics and ethno-historical accounts.

3.8 "Indigenous" means native, originating or growing naturally in a specific landscape. Also refers to people descending from the original inhabitants of the Western Hemisphere who have maintained distinct languages, culture, or religion from time immemorial.

3.9 "Products of Research" means publications (including but not limited to reports, studies, articles, theses, books, manuscripts, sound recordings, film and video, media interviews, computer databases), field notes, illustrations, photographs, sound recordings, collected material artifacts, replicas, and specimens, including any derivative forms they may take such as translations, and communications through the electronic media, including the internet and world wide web.

3.10 "Research" includes identification, description, classification, collection, database, recordation, analysis, and publication in fields including, but not limited to: agronomy, archaeology, astronomy, biology, ethnobotany, ecology, ethnography, history, linguistics, paleontology, medicine, photography, psychology, remote sensing, sociology, theology, videography, and other investigative disciplines or approaches as identified by the Tribe.

3.11 "Reservation" means all lands outside or inside the exterior boundaries of the ________ Reservation which are under the jurisdiction of the Tribe, and such lands as may hereafter be obtained or added to the jurisdiction of the Tribe.

3.12 "RRC" means the five member Research Review Committee established under this Act.

3.13 "Taboo/Sacred" means subject to which access is restricted to any degree. Such subjects can include places, names, knowledge, oral traditions, objects, and practices.

3.14 "Traditional Indigenous Intellectual Property" means the indigenous cultural information, knowledge, uses, and practices unique to the Tribe's ways of life maintained and established over tribal homelands and aboriginal areas since time immemorial. This knowledge is based upon millennia of observation, habitation, and experience, and is a communal right held by the Tribe, and in some instances by individuals. This property includes, but is not limited to, the following:
a. knowledge of remembered histories and traditions;
b. details of cultural landscapes and particularly sites of cultural significance;
c. records of contemporary events of historical and cultural significance;
d. sacred property (images, sounds, knowledge, material, culture or anything that is deemed sacred by the community);
e. knowledge of current use, previous use, and/or potential use of plant and animal species, soils, minerals, objects;
f. knowledge of preparation, processing, or storage of useful species;
g. knowledge of formulations involving more than one ingredient;
h. knowledge of individual species (planting methods, care for, selection criteria, etc.);
i. knowledge of ecosystem conservation (methods of protecting or preserving a resource);
j. biogenetic resources that originate (or originated) on indigenous lands and territories;
k. tissues, cells, biogenetic molecules including DNA, RNA, and proteins, and all other substances originating in the bodies of Tribal members, in addition to genetic and other information derived therefrom;
l. cultural property (images, sounds, crafts, art, symbols, motifs, names, performances); and
m. knowledge of systems of taxonomy of plants, animals, and insects.

3.12 "Traditional Knowledge Right" means the traditional right of individuals to control the ways the information they provide is used and accessed. The issue of traditional knowledge rights arises when individuals either own or are the custodians of specialized (or usually taboo/sacred) knowledge and its communication. This knowledge can include names, ceremonies, designs or forms, oral traditions, practices and skills.

3.13 "Tribal Member" means an individual Indian who is enrolled in the ________ Tribe.

3.14 "Tribe" means the _________ Tribe.


SECTION 4. RESEARCH REVIEW COMMITTEE ESTABLISHED.

4.1 There is hereby established a Research Review Committee, which shall be comprised of five (5) Tribal members who shall be appointed to serve on this committee by the Tribal governing body.

4.2 The RRC shall have the following duties and responsibilities:
a. to examine and comment on all proposals for research to be conducted within the Reservation.
b. to develop and propose to the Tribal governing body rules under which the RRC shall operate.
c. to coordinate and insure that affected Tribal programs', departments', and members' interests are protected and represented.
d. submit recommendations regarding proposals to the Tribal governing body for final approval.
e. coordinate and interact with the researcher(s) in order to ensure Tribal control of the research process and Tribal ownership of data and information generated by such research.
f. negotiate the terms and conditions of a research agreement, and submit such agreement for execution by the Tribal Council.

SECTION 5. GUIDING PRINCIPLES FOR RRC.

5.1 The RRC, in examining proposals, shall be guided by the following principles:

a. Principle of Fully Informed Consent After Full Disclosure and Consultation
Research should not be conducted until there has been full consultation with all potentially affected Tribal communities and individuals, and each such community and individual has approved the research after full disclosure. Full disclosure is of: the full range of potential benefits and harms of the research, all relevant affiliations of the person(s) or organization(s) seeking to undertake the research, and all sponsors of the researcher(s).

b. Principle of Immediate Risks and Benefits to the Tribal Community
The research should be of immediate benefit to the Tribal community, and the risks associated with the research should be less significant than the benefits to be gained.

c. Principle of Confidentiality
This principle recognizes that the Tribe and local communities, at their sole discretion, have the right to exclude from publication and/or to have kept confidential any information concerning their culture, traditions, mythologies, or spiritual beliefs. Furthermore, researchers and other potential users shall guarantee such confidentiality.

d. Principle of Respect
This principle recognizes the necessity for researchers to respect the integrity, morality, and spirituality of the culture, traditions, and relationships of Tribal members with the world, and to avoid the imposition of external conceptions and standards.

e. Principle of Communication
This principle recognizes that communications should be carried out in the local language, using translators as necessary.

f. Principle of Empowerment
This principle recognizes that empowerment is the sharing of power and is premised on mutual respect. Empowerment means that each affected party feels that their needs are being met through a fair and equitable manner. Empowerment also means that research authorship must be shared between the Tribal community and the researcher.

g. Principle of Equity
This principle recognizes that equity is a sharing of resources. Both the researchers and the Tribe must bring equity to any research contract, agreement or understanding. Each of the participants in a good research agreement must evaluate such equity in relation to the research. Finance or money is only one form of equity. Community knowledge, networks, personnel and political or social power are other forms of equity useful to the project. Each of these commodities has value and must be shared between the researchers and the Tribe if a good agreement is to be formulated. The parties must continuously review equity over the duration of a research agreement.

h. Principle of Mutual Respect
This principle recognizes that in order to develop a good research agreement, the researchers and the Tribe must generate respect for each other. Respect is generated by understanding the social, political and cultural structures of the other party. The researchers and the Tribes can not assume that they believe in the same things or share the same goals and expectations. Good communication is required if a proper research agreement is to be generated. Cultural sensitivity training for the researchers and Tribal awareness presentations will help develop a mutual understanding in conducting the research project. Definitions and assumptions must be clarified and questioned by each side and set forth in an agreement. The Tribes and the researchers must listen to each other with open minds.

i. Principle of Prior Rights
This principle recognizes that indigenous peoples, traditional societies, and local communities have prior, proprietary rights and interests over all air, land, and waterways, and the natural resources within them that these peoples have traditionally inhabited or used, together with all knowledge and intellectual property and traditional resource rights associated with such resources and their use.

j. Principle of Self-Determination
This principle recognizes that indigenous peoples, traditional societies and local communities have a right to self determination and that researchers and associated organizations will acknowledge and respect such rights in their dealings with these peoples and their communities.

k. Principle of Inalienability
This principle recognizes the inalienable rights of indigenous peoples in relation to their traditional territories and the natural resources within them and associated traditional knowledge. These rights are collective by nature but can include individual rights. It shall be for indigenous peoples to determine for themselves the nature and scope of their resource rights regimes.

l. Principle of Traditional Guardianship
This principle recognizes the holistic interconnectedness of humanity with the ecosystems of our Sacred Earth and the obligation and responsibility of indigenous peoples to preserve and maintain their role as traditional guardians of these ecosystems through the maintenance of their cultures, mythologies, spiritual beliefs and customary practices.


SECTION 6. RESEARCH PROPOSAL REQUIREMENTS.

6.1 Time Frame:

As a cooperative venture, research requires an appropriate time frame for Tribal review and approval. Researchers must begin working with the RRC in the earliest stages of planning their proposals. Depending on the nature of the proposed project, researchers are advised to allow sufficient time for the RRC to thoroughly review and understand all aspects of the study, ask questions and resolve differences. Even the simplest of proposals must be submitted at least three months prior to the anticipated project start date. The RRC reserves the right to reject last minute proposals.

6.2 Format:

A short (a maximum five (5) pages, single sided) synopsis of the project shall be submitted to the RRC. A full length proposal should be submitted as a supplement, but the requested summary must contain sufficient information to allow the RRC to make an informed decision. The following information must be included in any request for approval of a research project:

a) Statement of the Issue/Problem/Research Question:

The research applicant shall briefly describe the issue/problem the applicant is addressing by the proposed research. Specific questions related to this issue/problem and the theoretical rationale behind the questions shall be set forth. If the applicant has a specific hypothesis, the applicant shall briefly set forth such hypotheses.

b) Intent/Benefit to the Tribe:

The research applicant must clearly outline and discuss the intent of the research project and the benefit(s) that the project, research or activity will have to the Tribal community. Some questions to be answered are: 1)what are the anticipated consequences or results/outcomes of the project; 2) what groups will be affected and what groups will benefit; and 3)in what ways will these groups and the Tribe's benefit?

c) Method:

As a part of the application process, the applicant shall briefly describe the procedure for the collection of all data to be used in your study. Included shall be a description of subjects, settings, proposed procedure and the nature of the data to be collected.
d) Confidentiality:

A very important part of the application process is a description on how confidentiality will be protected. The applicant shall identify the circumstances under which the obligations of the researcher may constitute a breach of confidentiality. A description shall be given on how individual participants will be informed of the degree of confidentiality that will be maintained throughout the study. The Tribe maintains that unless otherwise specified, only aggregate data, not individual data, shall be published or released to the general public. All individual identifiers such as names, addresses and phone numbers must be kept confidential and no sale or transfer of databases outside the specific research project shall be allowed. The applicant must state in their application summary whether the Tribal community will be identified in any data released to the general public.

e) Disposition of Data and Samples

A portion of the application process shall describe how individual participants will be informed of how data and samples will be used. Both the Tribal community and the participants must clearly understand what the researcher plans to do with the information and samples that are collected. A description of the plans to provide individual participants with their own personal results must be provided. In addition, the research applicant shall describe how the community at large will be educated or empowered by this study. A description of the frequency and manner by which the aggregate data and progress reports will be shared with the RRC must be set forth. Furthermore, communication strategies to present aggregate data to the community at large shall be described.

f) Risks:

The applicant must describe any potential legal, financial, social, physical or psychological risks that are anticipated in the research. Any risks of deleterious impact on the cultural, social, economic or political well-being of the Tribe or Tribal members shall be assessed. The assessment of risk will also address the steps that will be taken to minimize, ameliorate or repair any actual harm caused to the Tribal community by the research. Explanation shall also be given on how potential risks will be explained to participants and how the risks are justified by the potential benefits of the research.

g) Funding/Budget:

If the study is funded by any public or private sources, the applicant shall provide a full reference of this funding source and explanation of any limits on the confidentiality of research results. If the researcher is currently seeking funding, the researcher shall list all funding agencies for which proposals are being sought. Researchers shall budget funding to cover cultural sensitivity training, to provide adequate resources to cover community education and outreach efforts as a part of the research, and finally, to rectify any harm to, or exploitation of, Tribal property resulting from the research.

h) Cultural Sensitivity Training:

All principal investigators, researchers, graduate students and any other people involved in the research will be required to undergo cultural sensitivity training to be provided at the researcher's expense. Costs will be determined based on the scope of the project. The training shall be provided by _______
_____________________________.

i) Equity:

The proposal must demonstrate how the participants and the Tribe will be given a fair and appropriate return for cooperation in the research. Just compensation or fair return includes but is not limited to: obtaining copies of the research findings, authorship, co-authorship or acknowledgment, royalties, fair monetary compensation, copyright, patent, trademark, compensation for expenses incurred in reviewing/advising researchers, coverage of training/education or outreach expenses or other forms of compensation.

j) Consent:


The proposal must address mechanisms for informed consent, which may be required from individual participants, families, clans or the Tribal Government. The applicant shall list all the agencies, professionals, government representatives or individuals within the Tribal community with which the applicant has previously discussed the proposed research and whether or not these people have given their informed consent, or other support, to the research.

k) Empowerment:

The applicant shall describe how individuals and Tribal members will be empowered by the research process through employment, training or outreach efforts. Native American preference must be given in employment and training in all phases of the project or activity, especially where the research is occurring on the Reservation. The Tribal preference laws shall govern the order of priorities in hiring.

l) Intellectual Property Rights:

The application shall address the plans (pre, during and post-project) for publication or commercialization of the research findings. If such publication or commercialization is contemplated, the applicant shall address how the Tribal community shall share in the authorship of publications or commercialization of the research findings. The Tribe also needs to know how the Tribal community will have access to the project, research data or findings for the Tribe's own use. Researchers must inform the RRC of journals, publishing houses or conferences that they plan to print or present the results of their studies before papers are submitted or presented. The proposal must demonstrate a process whereby the RRC and the Tribe will have an opportunity to review, critique and approve the results of all studies before any publication, presentation, news conferences or release of data to the general public occurs. Researchers shall be responsible for addressing, correcting and satisfying the concerns of the Tribe in both drafts and final reports, papers or data summaries before they are released to the general public.

m) Data Ownership/Archive:


The Tribe reserves the right to require the deposit of raw materials or data, working papers or product in a tribally designated repository, with specific safeguards to preserve confidentiality. Duplicates of data or split samples may be required to be stored in such a local archive.

6.3 Administrative Fee:

The researcher shall remit with the research proposal an administrative fee in the amount of $______ to cover administrative costs associated with review of the proposal and permitting.


SECTION 7. REVIEW OF RESEARCH PROPOSALS AND REVIEW PROCESS.

7.1 All research proposals must be complete before the RRC is required to consider the proposal. A proposal is complete when it contains the fee and all of the information required in Section 6 that is necessary for the RRC to decide whether or not the proposal should be considered.

7.2 Any research summaries and support documents requested by the RRC pursuant to the proposal process should be sent to:

[Insert Address]

7.3 The RRC shall review the application materials that are submitted and either:

a) Return the proposal to the researcher with requests for additional information or with suggestions for clarification or change; or

b) Forward the proposal and request to the Tribal governing body with a recommendation for approval or disapproval; or

c) Consult with other Tribal members, Tribal elders, professionals, technical experts or specialists for a second evaluation before sending recommendations to the Tribal governing body.

7.4 The review process and approval of the research is complete when the researcher receives a letter of notification from the RRC and enters into a binding Research Agreement (see Appendix) that contains the obligations and responsibilities of the parties. Upon approval, principal investigators, researchers, graduate students and any others involved in the research shall undergo cultural sensitivity training at the researcher's expense before any project begins within the Reservation. The RRC expects periodic progress reports and will use these reports to update the Tribal governing body on the status of the project.

7.5 The RRC may specify a Compliance Fee in an amount appropriate to ensure the researcher's compliance with the conditions of the research. Upon completion of the research, the compliance deposit may be refundable.

7.6 Following approval of the research, the researcher shall secure all permits and licenses that may be required by Tribal law, including but not limited to a permit as provided under Section 9.

SECTION 8. RESEARCH AGREEMENTS.

8.1 An agreement specific to the research shall be developed so that studies proceed in a manner that is both culturally sensitive and relevant to the participants and the Tribal community.

8.2 Where any of the products of the research are to be used for commercial purposes, a separate agreement will be made specifying the bases on which sales are to be made and the proceeds of sales are to be distributed. Where research is engaged in for commercial purposes, it is the responsibility of the researcher to make all informants and suppliers of information aware of this fact, and to come to an agreement with them on the amount of compensation to be paid. There must be a limit on samples that the researcher may obtain and take off the Reservation, and the approved list and amount of samples to be taken must be followed strictly.

8.3 A sworn notarized declaration of noncommercial use of research products and/or traditional and indigenous knowledge is required in conjunction with an Academic Research Agreement. This declaration may be included in the body of the Research Agreement.

8.4 If a research project receives approval by the Tribe, the approval remains in effect for the period of time specified in the research agreement unless substantial changes are made in the research protocol. At the end of the period approved for the research project, the researcher must submit a letter in writing which summarizes the status of the project (complete, incomplete, discontinued), any unanticipated problems that occurred during the data collection phase of the project, and a time schedule for completion of all work, including community education/outreach, related to the project. If the project is incomplete, the researcher must also request in writing an additional period for the data collection phase of the project.

SECTION 9. PERMITS.

9.1 The RRC shall develop standard application forms for Research Permit applicants and set forth the type of information that must be submitted.

9.2 The RRC shall develop a standard permit form, which at a minimum shall include the name(s) of the researcher(s) covered, name and/or brief description of the study approved, location(s) of research to be conducted, and effective start and ending dates of the permit.

9.3 Upon execution of a Research Agreement, all persons conducting research on the Reservation shall obtain from the Office of the Tribal Secretary a Research Permit in accordance with the terms of this Section.

9.4 An application form for a Research Permit may be obtained from the RRC or from the Office of the Tribal Secretary.

9.5 All persons covered by a Research Permit shall have such Permit in their possession at all times while conducting research. The Research Permit must be produced for inspection or surrendered upon demand by authorized Tribal authorities.

9.6 A Research Permit issued under this Section may be suspended or revoked at any time by the Tribal Chairperson, Tribal Council, or the RRC, if a permit holder is engaged in activities not allowed by the permit, fails to abide by a permit term or condition, has committed fraud or misrepresentation or provided incorrect statements in the application or permitting process, or is engaged in or has engaged in activities prohibited by this Act or any other Tribal law or resolution.

9.7 A revocation or suspension of a permit issued pursuant to this Section is final and not subject to appeal.

SECTION 10. MODIFICATIONS OF AN APPROVED PROJECT.

10.1 If the researcher wishes to make substantial changes in his or her research project after receiving approval from the Tribe, he or she must submit a summary of the proposed modifications to the RRC.

10.2 Modifications in the data collection procedures must be reviewed by the RRC and approved by the Tribal governing body. Modifications to the research project shall not be implemented until the researcher and the RRC have amended the research agreement and permits, and the researcher receives written approval from the RRC.

SECTION 11. REGULATION OF BIOLOGICAL SAMPLES

11.1 Any researcher who seeks to collect, acquire, or analyze any biological samples must agree and abide by the following conditions with regard to research with biological materials.

11.2 The Tribe may, at any time, decide to withdraw from the research project or any portion thereof, and request the return of all biological samples. The researcher, and any other parties, must comply.

11.3 Upon completion of the research project, or termination or cancellation of the project at any time prior to completion, the biological samples must be completely and fully returned to the possession of the Tribe.

11.4 No biological samples from this study may be released to, or used by, any other researcher(s), research institution, or any other entity, whether public or private, without the prior and fully-informed written approval of the Tribe.

11.5 If the Tribe permits any biological samples to be stored in any other locations, the researcher shall maintain at all times a complete list thereof. The list shall include a description of the sample or data, source, specific use or purpose of each item, responsible person(s) at the
location, and where the item is housed (e.g., in a "gene bank" or on a specific computer), and any relevant time lines with regard to use of, disposition, return, or destruction of the samples or data. The researcher
shall provide an updated copy of the list to the Tribe whenever changes are made. The updated list shall include identification of changes made since the last copy of the list was provided to the Tribe.

11.6 Any situation where biological samples will leave the possession or control of the researcher will require a separate agreement between the Tribe and the external party in accordance with this Act.

11.7 No entity may seek to patent or commercialize any biological materials obtained from the Tribe, from the Tribe's jurisdiction, or under the authority of the Tribe. This
includes genetic samples, any copies of the original genetic samples, any cell lines containing copies of the original genetic samples, and data derived from these samples.


SECTION 12. RESERVATIONS AND TERMINATION.

12.1 The Tribe reserves the right to:

a) Withdraw consent to use or release information and/or prevent the publication of data which is unauthorized, insensitive, misrepresents or stereotypes Tribal people or will harm the health, safety or welfare of the Tribe or the Tribal environment.

b) Deny researchers the opportunity to conduct research in any Tribal community within Tribal jurisdiction. In addition, other researchers or scientists from the same research institution may be denied any future access to the Reservation.

c) Withdraw approval for projects. Should this occur, the Tribe will explain the rationale for withdrawing approval and explain why this project or the release of data is deemed to be harmful to individuals or the Tribal community at large. In the case of withdrawal of approval by the Tribe, all information and copies of data must be returned to the Tribe.

d) Exclude individuals from the Reservation

e) Seek injunctive relief, including an order restraining a person from continuing to enter onto the Reservation.

12.2 If a project is terminated, the research entity or individual must provide just compensation to any field staff or member of the Tribe for their time and efforts spent related to the research project.

12.3 This ordinance does not apply to Tribal members or communities conducting research within their own community for their own use, provided, however, that this ordinance shall apply if a Tribal member is conducting research for, or is affiliated with, an outside institution.


SECTION 13. PROHIBITED CONDUCT.

13.1 No person shall conduct any academic research or cultural research without first obtaining approval by the RRC pursuant to Section 7 of this ordinance;

13.2 No person shall conduct any academic research or cultural research without obtaining a fully executed research agreement pursuant to Section 8 of this ordinance;

13.3 No person shall conduct any academic research or cultural research without maintaining in their possession a permit issued pursuant to Section 9 of this ordinance;

13.4 No person shall collect, acquire, or analyze any biological samples without abiding by the provisions of Section 11 of this Ordinance;

13.5 No person shall alter, damage, disturb, excavate, removed, or desecrate and biodiversity related resources, biogenetic resources, or traditional indigenous intellectual property on or of the Reservation or Tribe;

13.6 No person shall, while on the Reservation, conduct any visitation, inventory, collection, research, or filming related to any biodiversity related resources, biogenetic resources, or traditional indigenous intellectual property, or disturb any animals, vegetation, or landscapes of the Reservation or Tribe;

13.7 No person shall sell, purchase, exchange, transport, receive, or offer to sell, purchase, exchange, transport, or possess any biodiversity related resources, biogenetic resources, biological samples, or traditional indigenous intellectual property if such resource or property was obtained in violation of this Ordinance or any permits.

SECTION 14. PENALTIES.
14.1 CRIMINAL PENALTIES
Any person over whom the Tribe may assert criminal jurisdiction, who knowingly violates or counsels, solicits, or employs any other person to violate any section of this ordinance, or any condition of limitation of a permit issued under this ordinance, shall be guilty of a criminal offense. Each criminal offense shall be punishable by restitution, community service, a fine not to exceed $10,000, imprisonment in the tribal jail for not more than one year, or any combination of these penalties. Criminal offenders may also be subject to civil penalties and damages set forth in this ordinance.

14.2 CIVIL PENALTIES
a) Any person who violates any section of this ordinance, or any permit issued under this ordinance, shall be assessed a civil penalty not to exceed $10,000 per violation, or if applicable, any civil penalty provided for under Federal laws.

b) No civil penalty shall be assessed unless such person is given notice and an opportunity for a hearing with respect to such violation. Each violation shall be a separate offense. The trial of any such violation shall be by the Tribal Court and the prosecution shall have the burden of proving the alleged violation by a preponderance of the evidence.

c) Any person who violates this ordinance, or any permit issued under this ordinance, may lose the privilege of doing business or conducting research on the ________ Reservation.

d) Any nonmember of the Tribe who violates this ordinance or any permit issued under this ordinance may be excluded from the Reservation.

14.3 CIVIL DAMAGES
a) Assessment of Actual Damages: Any person who violates any section of this Ordinance or any permit issue under this Ordinance shall be liable to the Tribe for civil damages to be assessed by the __________ Tribal Court after a hearing. "Civil Damages" shall be interpreted liberally by the _______ Tribal Court to include, but not be limited to, the following:

1. Cost of restoration and repair; and
2. Enforcement costs associated with the enforcement of this Ordinance; and
3. Costs associated with the culturally appropriate disposition of resources, including conservation, curation, and/or reburial.

b) Assessment of Treble Damages: In addition to actual damages, the __________ Tribal Court, in its discretion, may assess damages of up to three times the amount of actual damages.

14.4 FORFEITURE
a) All objects or property in the possession of any person, and obtained in violation of this Ordinance or in violation of a term or condition of a permit obtained thereunder, shall be seized by law enforcement agents and forfeited to the Tribe for disposition.

b) A person may recover all such property incapacitated by paying to the Tribe the costs incurred by the Tribe in carrying out legal proceedings, and by paying all fines due for violations of Tribal law.

14.5 SEIZURE OF SECURITY
The citing law enforcement agent shall:

a) Seize such property in the possession of the alleged perpetrator, including vehicles, or equipment involved in the violation, as the enforcement program or agent deems reasonably necessary to secure payment of any fine or civil damages which may be levied upon the defendant upon conviction of the infraction or crime.
b) The property seized shall be released to the owner upon timely payment of any related civil assessments.
c) Any seized property shall be forfeited to the _________ Tribe if the assessment has not been paid within 15 days of the hearing at which the civil assessment was levied or 15 days from the final determination of any appeal taken pursuant to this Ordinance, whichever is later.

SECTION 15. PERSONAL JURISDICTION.

15.1 As to a cause of action arising under this ordinance, a court may exercise jurisdiction over a non-domiciliary on any basis consistent with and on the broadest basis permissible under the Constitutions of the United States and the _______ Tribe.


SECTION 16. SEVERABILITY.

16.1 If any provision of this ordinance or the application thereof to any person, court, or circumstance is held invalid by a Tribal Court or another court having competent jurisdiction, the invalidity shall not affect other provisions of this ordinance which can be given effect without the invalid provision or application and to this end, the provisions of this ordinance are severable.

SECTION 17. REPEAL OF CONFLICTING LAWS OR REGULATIONS

17.1 Any ordinance, resolution, act, or rules and regulations in conflict with the provisions of this Ordinance shall be superceded and repealed to the extent of such conflict.

SECTION 18. WAIVER

18.1 No individual person, Tribal official, or Tribal employee is authorized to waive any part of this Ordinance.

SECTION 19. SOVEREIGN IMMUNITY

19.1 The Tribe and all its constituent parts, subordinate organizations, boards, committees, including the RRC, are immune from suit in any jurisdiction except to the extent that such immunity has been expressly and unequivocally waived by the Tribe.

SECTION 20. AMENDMENTS

20.1 This Ordinance may be amended following public hearings by Resolution by the ________ Tribal Council in accordance with the ____________ Constitution.

SECTION 21. EFFECTIVE DATE.

21.1 This Act is effective upon the date of passage by the ________ Tribal Council.