Common use of Inspections and Seizures Within Indian Country Clause in Contracts

Inspections and Seizures Within Indian Country. Notwithstanding § XIII(C)(3), for purposes of enforcing the provisions of the Tobacco Products Tax Act, the Motor Fuel Tax Act, or the Motor Carrier Fuel Tax Act, as those acts are modified by this Agreement, the Tribe grants to the State the authority to take the following actions within the Tribe’s Indian Country: a. The State may conduct inspections (including unannounced inspections) of Tribal facilities that have been identified by the Tribe to the State as facilities where tobacco (see § VIII(B)(2)(b)) or motor fuel (see § VIII(B)(2)(a)) products are sold or stored under this Agreement as well as the vehicles used to transport these products. If the inspection reveals any tobacco or motor fuel products held in violation of the Tobacco Products Tax Act, the Motor Fuel Tax Act, or the Motor Carrier Fuel Tax Act as those acts are modified by this Agreement, the State may seize any such tobacco or motor fuel and any vehicle (including trailers) in which such product is found together with associated books and records. b. If a State officer is lawfully at a location within a Tribally owned facility and discovers in plain view any tobacco or motor fuel products held in violation of the Tobacco Products Tax Act, the Motor Fuel Tax Act, or the Motor Carrier Fuel Tax Act as those acts are modified by this Agreement, the State officer may seize such product. The authority described in this § XIII(C)(4)(b) is not intended to authorize any State officer to enter into areas not otherwise open to the public or open to inspection by the State under the terms of this Agreement. i. If the State has reason to believe that tobacco or motor fuel products may be transported or stored by the Tribe within its Indian Country contrary to the terms of this Agreement, the State may apply to the Tribal Court for a search warrant authorizing inspection of such locations. The Tribal Court shall rule on the search warrant request within twenty-four hours of receiving the application and shall issue the warrant if the Court finds that the State has reasonable cause to believe that tobacco or motor fuel may be stored at the location(s) set forth in the request. If the State is concerned that unlawful product may be removed during the pendency of such an application, the Tribal police shall, upon the request of the State, secure the location or vehicle until the Tribal Court makes its determination. ii. If the State seizes tobacco or motor fuel products under this § XIII(C)(4) the State shall, before removing the property, leave a written statement on the premises describing the factual circumstances and statutory and/or regulatory basis for the seizure. This statement shall be in addition to any notification required by State law.

Inspections and Seizures Within Indian Country. Notwithstanding § XIII(C)(3), for purposes of enforcing the provisions of the Tobacco Products Tax Act, the Motor Fuel Tax Act, or the Motor Carrier Fuel Tax Act, as those acts are modified by this Agreement, the Tribe grants to the State the authority to take the following actions within the Tribe’s 's Indian Country: a. The State may conduct inspections (including unannounced inspections) of Tribal facilities that have been identified by the Tribe to the State as facilities where tobacco (see § VIII(B)(2)(b)) or motor fuel (see § VIII(B)(2)(a)) products are sold or stored under this Agreement as well as the vehicles used to transport these products. If the inspection reveals any tobacco or motor fuel products held in violation of the Tobacco Products Tax Act, the Motor Fuel Tax Act, or the Motor Carrier Fuel Tax Act as those acts are modified by this Agreement, the State may seize any such tobacco or motor fuel and any vehicle (including trailers) in which such product is found together with associated books and records. b. If a State officer is lawfully at a location within a Tribally owned facility and discovers in plain view any tobacco or motor fuel products held in violation of the Tobacco Products Tax Act, the Motor Fuel Tax Act, or the Motor Carrier Fuel Tax Act as those acts are modified by this Agreement, the State officer may seize such product. The authority described in this § XIII(C)(4)(b) is not intended to authorize any State officer to enter into areas not otherwise open to the public or open to inspection by the State under the terms of this Agreement. i. If the State has reason to believe that tobacco or motor fuel products may be transported or stored by the Tribe within its Indian Country contrary to the terms of this Agreement, the State may apply to the Tribal Court for a search warrant authorizing inspection of such locations. The Tribal Court shall rule on the search warrant request within twenty-four hours of receiving the application and shall issue the warrant if the Court finds that the State has reasonable cause to believe that tobacco or motor fuel may be stored at the location(s) set forth in the request. If the State is concerned that unlawful product may be removed during the pendency of such an application, the Tribal police shall, upon the request of the State, secure the location or vehicle until the Tribal Court makes its determination. ii. If the State seizes tobacco or motor fuel products under this § XIII(C)(4) the State shall, before removing the property, leave a written statement on the premises describing the factual circumstances and statutory and/or regulatory basis for the seizure. This statement shall be in addition to any notification required by State law.

Inspections and Seizures Within Indian Country. Notwithstanding § XIII(C)(3), for purposes of enforcing the provisions of the Tobacco Products Tax Act, the Motor Fuel Tax Act, or the Motor Carrier Fuel Tax Act, as those acts are modified by this Agreement, the Tribe grants to the State the authority to take the following actions within the Tribe’s Indian Country: a. The State may conduct inspections (including unannounced inspections) of Tribal facilities that have been identified by the Tribe to the State as facilities where tobacco (see § VIII(B)(2)(b)) ) or motor fuel (see § VIII(B)(2)(a)) products are sold or stored under this Agreement as well as the vehicles used to transport these products. If the inspection reveals any tobacco or motor fuel products held in violation of the Tobacco Products Tax Act, the Motor Fuel Tax Act, or the Motor Carrier Fuel Tax Act as those acts are modified by this Agreement, the State may seize any such tobacco or motor fuel and any vehicle (including trailers) in which such product is found together with associated books and records. b. If a State officer is lawfully at a location within a Tribally owned facility and discovers in plain view any tobacco or motor fuel products held in violation of the Tobacco Products Tax Act, the Motor Fuel Tax Act, or the Motor Carrier Fuel Tax Act as those acts are modified by this Agreement, the State officer may seize such product. The authority described in this § XIII(C)(4)(b) is not intended to authorize any State officer to enter into areas not otherwise open to the public or open to inspection by the State under the terms of this Agreement. i. If the State has reason to believe that tobacco or motor fuel products may be transported or stored by the Tribe within its Indian Country contrary to the terms of this Agreement, the State may apply to the Tribal Court for a search warrant authorizing inspection of such locations. The Tribal Court shall rule on the search warrant request within twenty-four hours of receiving the application and shall issue the warrant if the Court finds that the State has reasonable cause to believe that tobacco or motor fuel may be stored at the location(s) set forth in the request. If the State is concerned that unlawful product may be removed during the pendency of such an application, the Tribal police shall, upon the request of the State, secure the location or vehicle until the Tribal Court makes its determination. ii. If the State seizes tobacco or motor fuel products under this § XIII(C)(4) the State shall, before removing the property, leave a written statement on the premises describing the factual circumstances and statutory and/or regulatory basis for the seizure. This statement shall be in addition to any notification required by State law.