Judicial Code

Per Capita Ordinance

Notwithstanding any previously applicable or inconsistent provisions of tribal law, which are hereby repealed and rescinded, this Ordinance shall govern the distribution of the available proceeds of the businesses of the Prairie Island Mdewakanton Dakota Community.

It is the policy of the Prairie Island Mdewakanton Dakota Community as stated by its Tribal Council that all members of the Prairie Island Mdewakanton Dakota Community shall be entitled to all rights and privileges that membership in such Community creates and shall be entitled to the sharing equally in Community profits. Further, it is the policy of the community that the terms of this Ordinance be in compliance with the Indian Gaming Regulatory Act of 1988 [25 U.A.C. §2701 et seq.] wherein it is stated that Per Capita Payment Plans must be created in order to protect and preserve the interests of minors and other legally incompetent persons and that per capita payments are subject to federal taxation laws.

Payments.

Forty-nine percent (49%) of all monthly net proceeds of Community businesses shall be divided into equal shares and paid to all enrolled members of the Prairie Island Mdewakanton Dakota Community.

All other monthly net proceeds of Community businesses shall be used only for the following purposes: (1) to fund tribal government operations or programs; (2) to provide for the general welfare of the Indian tribe and its members; (3) to promote tribal economic development; (4) to donate to charitable organizations; or (5) to help fund operations of local government agencies.

Amendments for future welfare programs. The schedule and plan for such distribution may be adjusted by the Tribal Council, acting by a majority at a regular or special meeting, to establish certain funds and programs providing for the welfare of the Prairie Island Mdewakanton Dakota Community. Perfection and revision of the schedule and plan for the welfare distribution plan shall not alter the property rights of enrolled members.

Full distribution of proceeds. Until such time as such welfare programs may be adopted, the full FORTY-NINE PERCENT (49%) of the monthly net proceeds shall be distributed in equal payments to enrolled members of the Prairie Island Mdewakanton Dakota Community.

Uniform monthly per capita payments. Upon the majority vote of the Tribal Council, the per capita payment schedule for all persons entitled to receive such payments may be adjusted to provide for uniform monthly per capita payments. All monies of the stipulated monthly net proceeds of Community businesses that is set aside for per capita payments in excess of the uniform monthly amount shall be deposited into a interest bearing reserve bank account, the principle and interest of which shall be available and shall be drawn upon to supplement individual per capita payments in any month or months during which the available proceeds do not permit distribution at the previously budgeted uniform amount. Any monies remaining in the reserve account described herein shall be distributed to all Community members in equal payments at the end of the calendar year.

Compulsory Payment of Per Capital Reserve. In no event shall the principal placed in the uniform payments per capita reserve account be held for more than 12 calendar months from the date of deposit into the reserve. Interest on the per capita reserve may be retained or distributed at the discretion of the Tribal Council.

There shall be no requirement that members of the Prairie Island Mdewakanton Dakota Community live on the Prairie Island Mdewakanton Dakota Community Reservation in order to receive per capita payments from the Community.

Payments.

The Prairie Island Mdewakanton Dakota Tribal Council has the inherent authority to place into trust the per capita payments, or any portion or percentage thereof, of minors and any individuals who are declared incompetent by the Tribal Council.

Petition to Place Into Trust. The Tribal Council shall consider placing into trust the per capita payments of any minor or any individual declared legally incompetent upon the petition of at least thee persons, one of which must be a family member. The Tribal Council shall conduct hearings as it sees fit to gather testimony and evidence as to the reasons Petitioners feel it should place into trust the per capita payments of the subject minor or individual declared incompetent. The Tribal Council retains the authority to place into trust any per capita payment of a minor or individual declared incompetent before holding a hearing, however, the Council must conduct a hearing and make a decision thereafter within sixty (60) days from the date it has placed into trust the per capita payment.

Authority to Distribute Living Allowance. The Tribal Council shall consider paying a monthly living allowance from the proceeds of any per capita payments placed into trust upon the petition of the legal guardian of any minor or individual declared legally incompetent. Such petition shall include a detailed budget of monies necessary for the health, education or welfare of the minor or individual declared incompetent.

Account Statements of Trust Account. The Tribal Council shall make available a monthly bank statement of any monies placed into trust for a minor or individual declared legally incompetent to the legal guardian of such person.

Power of Tribal Council to Delegate Authority. The Prairie Island Mdewakanton Dakota Tribal Council has the inherent power to delegate authority to make determinations regarding the per capita payments to minors and incompetent persons. It shall be up to the Tribal Council to determine to whom they will delegate this authority, if to anyone.

Any person enrolling in the Prairie Island Mdewakanton Dakota Tribe shall not be entitled to any back payments of per capita proceeds. Per capita payments shall commence from the date a member is enrolled and shall not be retroactive. The first per capita payment to a new member shall be on the first date of a regularly scheduled payment after her or his enrollment.

If any section of any part of this Ordinance or the application thereof to any party, person, or entity or to any circumstances, shall be held invalid for any reason whatsoever by a court of competent jurisdiction, or the Department of the Interior, the remainder of the part or Ordinance shall not be affected thereby and shall remain in full force and effect as though no part thereof has been declared to be invalid.

This Ordinance, and any word, provision, part thereof may be amended or repealed only by a majority vote of the Tribal Council in regular session.

Enacted August 6, 1992, by Tribal Council Resolution No. 92-93.

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