Legislation

§ 8. Intrusion on tribal lands. 1. Except as otherwise provided by
law, no person shall enter, remain, settle or reside, conduct a
business, operate a junkyard, or establish or contribute to an
automobile graveyard or dump of any kind, upon any lands owned or
occupied by any nation, tribe or band of Indians, except the citizens or
members of such nation, tribe or band or their authorized guests or
lessees.

2. Without the permission of the council or other similar authority of
any Indian reservation, no person shall hereafter establish, conduct and
operate, or contribute to the establishment, conduct and operation of
any junkyard, automobile graveyard or dump on any land within the limits
of an Indian reservation. Any lease, contract or agreement in violation
of this section shall be void.

3. The district attorney of any county in which reservation lands are
situated, upon the written application of such person or entity
designated by the laws of the nation, tribe or band to make such
application on behalf of the nation, tribe or band owning and occupying
such lands, shall make complaint of any intrusions on such lands, and
cause the intruders to be removed.

4. The county judge of the county in which such lands are situated,
upon complaint made to such judge, of a violation of this section shall,
if such judge thinks there is reasonable ground therefor, issue a notice
directed to the person against whom complaint is made, requiring such
person to appear before such judge at a time and place therein
specified, to answer the complaint. Such judge shall attend at the time
and place mentioned in the notice, and upon proof of the personal
service of such notice, shall take proof of the facts alleged in the
complaint, and shall determine whether such person is an intruder upon
the lands of such reservation. If such judge shall determine that such
person is an intruder, such judge shall issue a warrant to the sheriff
of the county commanding such sheriff, within ten days after the receipt
thereof, to remove such person from such lands. If such judge shall
determine that such person has been removed from such lands on a
previous occasion, such judge shall issue such judge's warrant
commanding the sheriff, within ten days from the receipt thereof, to
remove such person and, notwithstanding any other provisions of law,
commit such person to the county jail for the space of ninety days,
without being entitled to the limits or the liberties of such jail; and
such judge shall cause such conviction to be drawn up and filed in the
office of the county clerk, which conviction shall be final. In the
execution of either of such warrants the sheriff shall have the same
powers as in the execution of criminal process, and shall be paid by the
state such compensation as the comptroller shall certify as reasonable.

5. If a person, conducting a business, engaging in drug trafficking,
operating a junkyard, or having established or contributed to an
automobile graveyard or dump, shall have been determined to be an
intruder under this section, such judge may, in addition to any other
penalty prescribed by this section, order the confiscation or removal of
such business, drug trafficking materials or equipment, junkyard,
automobile graveyard or dump within a reasonable time subject to the
consent of the authority of the affected nation, tribe or band.

6. A determination or designation by the nation, tribe or band of a
person as an intruder upon the lands of such nation, tribe or band shall
be dispositive of the matter.