BLACKFEET NATION 

P.O. BOX 850 BROWNING, MONTANA 59417 

(406) 338-7521 FAX (406) 338-7530 

BLACKFEET TRIBAL BUSINESS COUNCIL 

Timothy Davis 

Rodney Gervais 

Mark Pollock 

Vera Weaselhead 

Terry J. Tatsey 

Stacey Keller 

CarlD. Kipp 

Iliff "Scott" Kipp, Sr. Resolution Roland Kennerlv. Jr. 

A Resolution to Enact the Blackfeet Hemp production Plan for Submission to The United 

States Department of Agriculture for the Regulation of the Production of Hemp in 

Blackfeet Territory 

No. 102-2020 

WHEREAS, The Blackfeet Tribal Business Council is the duly constituted governing body 

within the exterior boundaries of the Blackfeet Indian Nation, and 

WHEREAS, The Blackfeet Tribal Business Council has been organized to represent, develop, 

protect, and advance the views, interests, education, and resources of the 

Blackfeet Indian Nation, and 

WHEREAS, The enumerated powers of the Blackfeet Tribal Business Council contained at 

Article VI, Section 1 (g) of the Constitution include the management of tribal 

affairs in an acceptable and business-like manner, and 

WHEREAS, The Agriculture Improvement Act of2018 (7 U.S.C. § 1639 et seq.) legalizes the 

production of hemp that has a tetrahydrocannabinol (THC, the psychoactive 

component of marijuana) concentration of no more than three-tenths of one 

percent (0.3%) by removing it from Schedule I of the Controlled Substance Act, 

and 

WHEREAS, The Blackfeet Nation wishes to regulate the production of hemp in Blackfeet 

Territory by submitting a plan to the United States Department of Agriculture, 

and 

WHEREAS, This plan includes a practice to maintain relevant information regarding land on 

which hemp is produced, a procedure for testing delta-9 tetrahydrocannabinol 

concentration levels in hemp, a procedure for the effective disposal of plants and 

products for those plants in violation of the plan, a procedure to comply with 

enforcement procedures, and a procedure for conducting annual inspections of 

hemp producers to verify that hemp is not produced in violation of the plan, and 
Resolution No. 102-2020 

Page2 

WHEREAS, The Blackfeet Nation certifies that it has the capacity and resources to implement 

the hemp production plan as submitted to the United States Department of 

Agriculture, now 

THEREFORE BE IT RESOLVED AS FOLLOWS: 

1. That the Blackfeet Tribal Business Council hereby adopts the Blackfeet Hemp 

Production Plan, as attached and made part ofthis resolution by this reference, for 

the regulation of the production of hemp in Blackfeet Territory for submission to 

the United States Department of Agriculture and for immediate implementation 

upon approval. 

2. The Chairman or the Vice-Chairman in the Chairman's absence and the Secretary 

of the Blackfeet Tribal Business Council are hereby authorized to sign this 

Resolution 

ATTEST: BLACKFEET TRIBE OF THE 

BLACKFEET INDIAN RESERVATION 

"---?~(?_:_ 

STACEY A. KELLER TIMoriivF.:OIS 

Secretary Chairman 

CERTIFICATION 

I hereby certify that the foregoing Resolution was adopted by the Blackfeet Tribal Business 

Council in a duly called, noticed and convened Genera 1 Session, assembled the 7th 

day of Febr u a r y , 2020 with Eight ® members present to constitute a quorum, and with 

a vote of Eight (8) FOR and()) OPPOSED. 

(SEAL) STACEY ~ A. KELLER 

Secretary 
BLACKFEET NATION HEMP PLAN 

The Blackfeet Tribal Business Council (Council) has authorized the creation of a Hemp Plan 

(Resolution #102-2020 enacting Ordinance #120) to allow for the regulation of hemp production 

in Blackfeet Territory. The Council believes this plan will meet the requirements set forth in the 

2018 Farm Bill and seeks approval from the United States Department of Agriculture. 

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ORDINANCE #120 

BLACKFEET NATION TRIBAL CODE 

HEMP PRODUCTION 

A Code authorizing, directing, and regulating the production of hemp, the enforcement of 

necessary and proper regulations for production of hemp, and for other purposes. 

SECTION 1: SHORT TITLE 

This Code shall be known and may be cited as the "Hemp Production Code." 

SECTION 2: DECLARATION OF POLICY 

It is the declared policy of the Blackfeet Tribal Business Council that hemp is a valuable 

agricultural crop and commodity in Blackfeet Territory. The purposes ofthis Code are to: 

(1) Promote the production of hemp, and the development of new commercial markets for 

producers through the sale of hemp; 

(2) Promote the creation of the Blackfeet Nation's hemp industry to the maximum extent 

permitted by law and allow producers to cultivate, handle, process, transport, and sell hemp 

for commercial purposes; 

(3) Regulate hemp as an agricultural commodity in Blackfeet Territory; 

( 4) Enable affiliated Institutions of Higher Education, to conduct research regarding the 

production of hemp in Blackfeet Territory; and 

(5) Protect the political integrity, economic security, health, and welfare, and public safety of 

the Blackfeet Nation and its members. 

SECTION 3: DEFINITIONS 

(I) "Acceptable hemp THC level" means, for the purpose of compliance with the requirements 

ofthis Title, is when the application ofthe measurement ofuncertainty to the reported THC 

content concentration level on a dry weight basis produces a distribution or range that 

includes three-tenths of one percent (0.3%) or less. 

(2) "Act" means the Agricultural Marketing Act of 1946. 

(3) "Administrator" means the Administrator ofthe Agricultural Marketing Service (AMS) of 

the U.S. Department ofAgriculture. 

(4) "Agency" means the Blackfeet Law Enforcement Agency. 

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(5) "AMS" means the Agricultural Marketing Service ofthe U.S. Department of Agriculture. 

(6) "Applicant" means a person, or a person who is authorized to sign for an entity, who applies 

to participate in the Blackfeet Tribal Hemp Program. 

(7) "BIA" means the Bureau oflndian Affairs. 

(8) "BLES" means the Blackfeet Law Enforcement Services. 

(9) "Blackfeet Territory" means, to the maximum extent allowed, all lands within the 

definition of "Indian country" as used in 18 U.S.C. § 1151 that apply to the Blackfeet 

Nation. 

(10) "Cannabis" means any form of a plant in the genus Cannabis in which the THC 

concentration on a dry weight basis has not yet been determined. 

(11) "Conviction" means any plea of guilty or nolo contendere, or any finding of guilt, except 

when the finding of guilt is subsequently overturned on appeal, pardoned, or expunged. A 

conviction is expunged when the conviction is removed from the individual's criminal 

history record and there are no legal disabilities or restrictions associated with the expunged 

conviction, other than the fact that the conviction may be used for sentencing purposes for 

subsequent convictions. In addition, where an individual is allowed to withdraw an original 

plea of guilty or nolo contendere and enter a plea of not guilty and the case is subsequently 

dismissed, the individual is no longer considered to have a conviction for purposes of this 

part. 

(12) "Corrective action plan" means a plan established by the Department for a producer to 

correct a negligent violation or non-compliance with a hemp production license under this 

Code. 

(13) "Council" means the Blackfeet Tribal Business Council, the governing body of the 

Blackfeet Nation. 

(14) "Criminal history report" means the Federal Bureau of Investigation's Identity History 

Summary. 

(15) "CSA" means the Controlled Substances Act as codified in 21 U.S.C. § 801 et seq. 

(16) "Culpable mental state greater than negligence" means to act, intentionally, knowingly, 

willfully, or recklessly. 

(17) "Decarboxylated" means the completion of the chemical reaction that converts THC-acid 

(THC-A) into THC. 

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(18) "Decarboxylation" means the removal or elimination of a carboxyl group from a molecule 

or organic compound. 

(I 9) "DEA" means the United States Drug Enforcement Agency. 

(20) "Department" means the Blackfeet Homeland Security Department. 

(21) "Dry weight basis" means the ratio ofthe amount of moisture in a sample to the amount of 

dry solid in a sample. The percentage of THC on a dry weight basis means the percentage 

of THC, by weight, in cannabis item after excluding moisture from the item. 

(22) "Entity" means a corporation, foundation, organization, business trust, estate, limited 

liability company, licensed corporation, trust, partnership, limited liability partnership, 

association, or other form of legal business entity, as well as a tribal, state, or local 

government entity. 

(23) "FSA" means the Farm Service Agency, an agency of the United States Department of 

Agriculture. 

(24) "Gas chromatography" means a type of chromatography in analytical chemistry used to 

separate, identify, and quantify each component in a mixture. Gas Chromatography relies 

on heat for separating and analyzing compounds that can be vaporized without 

decomposition. 

(25) "Geospatial location" means a location designated through a global system ofnavigational 

satellites used to determine the precise ground position of a place or object. 

(26) "Greenhouse" means a structure with walls and roof made chiefly of transparent material 

in which hemp is produced. "Greenhouse" also includes structures used for hydroponic or 

other indoor hemp production. 

(27) "Handle" means to harvest or store hemp prior to the delivery of such plants or plant parts 

for further processing. "Handle" also includes the disposal of cannabis plants that are not 

hemp for purposes of chemical analysis and disposal of such plants. 

(28) "Hemp" means the plant Cannabis saliva L. and any part of that plant, including the seeds 

thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of 

isomers, whether growing or not, with a THC concentration of not more than three-tenths 

of one percent (0.3%) on a dry weight basis. 

(29) "High-performance liquid chromatography" means a type ofchromatography technique in 

analytical chemistry used to separate, identify, and quantify each component in a mixture. 

High-performance liquid chromatography relies on pumps to pass a pressurized liquid 

solvent containing the sample mixture through a column filled with a solid adsorbent 

material to separate and analyze compounds. 

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(30) "Hydroponic" means the method of growing plants without soil by instead using mineral 

nutrient solutions in a water solvent. 

(31) "Information Sharing System" means the database mandated under the Act which allows 

USDA to share information collected under state, tribal, and USDA plans with federal, 

state, tribal, and local law enforcement. 

(32) "Institution of Higher Education" means the meaning assigned to it by 20 U.S.C. § 1001. 

The Blackfeet Community College (BCC), and higher education institutions in partnership 

with BCC, are expressly declared Institutions of Higher Education. 

(33) "Key Participant" means a sole proprietor, a partner in a partnership, or a person with 

executive managerial control in a corporation. A person with executive managerial control 

includes persons such as a chief executive officer, chief operating officer, and chief 

financial officer. This definition does not include non-executive managers such as farm, 

field, or shift managers. 

(34) "License" means a license from the Council for the production of hemp in Blackfeet 

Territory. 

(35) "Lot" means a contiguous area in a field, greenhouse, or indoor growing structure 

containing the same variety or strain of cannabis throughout the area. 

(36) "Marijuana" means all cannabis that tests as having a concentration level ofTHC on a dry 

weight basis of higher than three-tenths ofone percent (0.3%). 

(37) "Measurement of uncertainty" means the parameter, associated with the result of a 

measurement that characterizes the dispersion of the values that could reasonably be 

attributed to the particular quantity subject to measurement. 

(38) "Negligence" means a failure to exercise the level of care that a reasonable and prudent 

person would exercise in complying with this Code. 

(39) "Phytocannabinoid" means cannabinoid chemical compounds found in the cannabis plant, 

two of which are THC and cannabidiol (CBD). 

(40) "Post-decarboxylation" means, a value determined after the process ofdecarboxylation that 

determines the total potential THC content derived from the sum ofthe THC and THC-A 

content and reported on a dry weight basis. 

(41) "Produce" means to grow hemp for market, or for cultivation for market, in the United 

States. 

(42) "Producer" means an entity or person that is licensed or authorized to produce hemp under 

this Code. 

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(43) "Reverse Distributor" means a person who is registered with the DEA to dispose of 

marijuana under the CSA. 

(44) "Secretary" means the Secretary ofAgriculture of the United States. 

(45) "THC" means the chemical compound delta-9 tetrahydrocannabinol, the primary 

psychoactive component of cannabis. 

(46) "USDA" means the United States Department of Agriculture. 

SECTION 4: HEMP AUTHORIZED AS AN AGRICULTURAL CROP 

Hemp that has no more than three-tenths of one percent (0.3%) THC is considered an agricultural 

crop in Blackfeet Territory. Upon meeting the requirements of this Code, a person may produce 

hemp. 

SECTION 5: HEMP PRODUCTION LICENSE 

(1) Any person producing or intending to produce hemp must have a valid license from the 

Department prior to producing hemp. A valid license means the license is unexpired, 

unsuspended, and unrevoked. 

(2) A person intending to produce hemp shall apply to the Department on a form prescribed 

by the Council. The Department shall consult and coordinate with the Council while 

developing and issuing licenses. 

(3) Applicants may submit a signed, complete, accurate, and legible application for a new 

license from the Department between January 1st and December 31st, 2020. In subsequent 

years, applicants may submit an application for a new license or renewal of an existing 

license to the Department from August 1st through December 31st of each year. 

(4) Applications must include the following information: 

(a) For each applicant who is an individual, the full name of the individual, principal 

business location address, telephone number, and email address (if available); 

(b) For each applicant who is an entity, the full name of the entity, the principal 

business location address, employer identification number (EIN) of the business, 

and the full name title, and email address (ifavailable) of each employee for whom 

the entity is required to submit a criminal history record report; 

(c) A current Federal Bureau of Investigation's Identity History Summary. If the 

applicant is a business entity a criminal history report shall be provided for each 

key participant. The applicant shall ensure the criminal history report accompanies 

the application. The criminal history report must be dated within sixty (60) days 

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prior to the application submission date. A license application will not be 

considered complete without all required criminal history reports; 

(d) A legal description or street address of the land, other than any homesite on 

Blackfeet Tribal land or residence, on which the producer will produce hemp 

including, to the extent practicable its geospatial location. 

(e) Acreage dedicated to the production ofhemp, or greenhouse indoor square footage, 

other than any homesite on Blackfeet Tribal land or residence, dedicated to the 

production of hemp; and 

(f) A $1,000.00 application fee. 

Applications missing required information shall be returned to the applicant as incomplete. 

If a license application is denied, the notification from the Department will explain the 

cause for denial. The applicant may resubmit a completed application. 

(5) All Licenses issued shall be valid for one (1) year from the date of issuance, unless 

otherwise extended or revoked at an earlier date, until December 31 ofthe following year. 

Hemp production licenses must be renewed prior to license expiration. Licenses are not 

automatically renewed. Applications for renewal shall be subject to the same terms, 

information collection requirements, and approval criteria as provided in this Code for 

initial applications. 

(6) A license modification is required if there is any change to the information submitted in 

the application including, but not limited to: sale of a business; the production, handling, 

or storage of hemp in a new location; or a change in the key participants producing under 

a license. 

(7) Licenses may not be sold, assigned, transferred, pledged, or otherwise disposed of, 

alienated, or encumbered. 

(8) Criminal history report 

(a) All costs associated with the criminal history report are the responsibility of the 

applicant and are not covered or included in the application fees. 

(b) The producer is responsible for all individuals that will engage in the cultivation or 

handling of hemp on its behalf. 

(c) The producer must report any felony convictions of each employee for whom the 

entity is required to submit a criminal history record report relating to controlled 

substances under federal, state, or tribal law to the Department within five (5) days 

of receiving notice of such conviction. 

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(9) By submitting an application, the applicant acknowledges and agrees to the following terms 

and conditions: 

(a) Any information provided to the Department may be provided to law enforcement 

agencies without further notice to the applicant; 

(b) The applicant or producer shall allow and fully cooperate with any inspection and 

sampling that the Department deems necessary; 

(c) Applicants submitting a completed license application, in doing so, consent to 

comply with the requirements ofthis Code and to Ordinance 90 regarding Blackfeet 

Environmental Protection requirements and the Blackfeet Land Use/Leasing 

Requirements. 

(10) Ifthe applicant has completed the application process to the satisfaction ofthe Department, 

the Department shall recommend that the Tribal Council shall approve the application and 

issue the License. 

(11) Any license for the production of hemp in Blackfeet Territory shall be given a license 

identifier. The license identifier shall follow the following format: [BIA Tribal 

Code_License Number]. For example: C51201_0001 

SECTION 6: INFORMATION MAINTENANCE 

The Department shall maintain relevant information regarding land on which hemp is produced in 

Blackfeet Territory, including: contact information described in Section 5; a legal description of 

the land on which the producer will produce hemp, and to the extent practicable, its geospatial 

location; the status and number ofthe producer's license or authorization; and test results of hemp, 

for a period of not less than three (3) years. 

SECTION 7: INFORMATION SUBMISSION 

(I) Producers must report their hemp crop acreage to the FSA and shall provide, at a minimum, 

the following information: 

(a) Legal description or street address and, to the extent practicable, geospatial location 

of the lot, greenhouse, building, or site where hemp will be produced. All locations 

where hemp is produced must be reported to FSA. 

(b) Acreage dedicated to the production of hemp, or greenhouse indoor square footage 

dedicated to the production of hemp. 

(c) Total acreage of hemp planted, harvested, and disposed. 

(d) License identifier. 

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All such information must be submitted to the USDA in a format that is compatible with 

USDA's information sharing system. 

(2) Hemp Producer Report 

The Department shall submit to USDA, by the first of each month, a report providing the 

contact information and the status ofthe license issued for each Hemp producer. Ifthe first 

of the month falls on a weekend or holiday, the report is due by the first business day 

following the due date. The report shall be submitted using a digital format compatible 

with USDA's information sharing systems, whenever possible. The report shall contain the 

following information: 

(a) For each new producer who is an individual, the full name ofthe individual, license 

identifier, business address, telephone number, and email address (if available); 

(b) For each new producer who is an entity, the full name of the entity, the principal 

business location address, license identifier, EIN number, and the full name title, 

and email address (if available) of each employee for whom the entity is required 

to submit a criminal history record report; 

(c) For each producer that was included in a previous report and whose reported 

information has changed, the report shall include the previously reported 

information and the new information; 

(d) Legal description or street address and, to the extent practicable, geospatial location 

for each lot or greenhouse where hemp will be produced. If an applicant operates 

in more than one location, that information shall be provided for all production 

sites; 

(e) The total acreage of hemp planted and harvested; 

(f) The status of each producer's license or authorization; 

(g) The period covered by the report; and 

(h) An indication that there were no changes during the current reporting cycJe, if 

applicable. 

The Hemp Producer Report (AMS-23) is available at: 

https://www.ams.usda.gov/sites/default/files/media/StateandTribalHempProducerReport 

AMS_23.pdf 

(4) Hemp Disposal Report 

(a) Ifa Producer has produced cannabis exceeding the acceptable hemp THC level, the 

cannabis must be disposed of in accordance with the CSA and DEA regulations 

9 
found in 21 CFR § 1317 .15. The Department shall submit to USDA, by the first of 

each month, a report notifying USDA of any occurrence of non-conforming plants 

or plant material and providing a disposal record of those plants and materials. If 

the first of the month fall on a weekend or holiday, the report is due by the first 

business day following the due date. The report shall be submitted using a digital 

format compatible with USDA' s information sharing systems, whenever possible. 

The report shall contain the following information: 

(i) The name and contact information (including address) for each producer 

subject to disposal during the reporting period; 

(ii) The producer's license identifier; 

(iii) The location information, including the lot number, location type, and 

geospatial location or other location description for the production are 

subject to disposal; 

(iv) Laboratory test results report for the lot; 

(v) Information on the agent handling the disposal, and if completed by the 

Agency, an attestation of the agents stating all of the marijuana was 

disposed and the method of disposal; 

(vi) The disposal completion date; and 

(vii) The total acreage of disposed plants and materials. 

The Tribal Hemp Disposal Report (AMS-24) is available at: 

https://www.ams.usda.gov/sites/default/files/media/StateandTribalHempDisposalReport 

AMS_24.pdf 

(1) Annual Report 

(a) The Department shall submit an annual report to USDA. The report form shall be 

submitted by December 15th of each year and contain the following information: 

(i) The total planted acreage; 

(ii) The total harvested acreage; and 

(iii) The total acreage disposed. 

The Tribal Hemp Annual Report (AMS-25) is available at: 

https:/ /www.ams.usda.gov/sites/default/files/media/StateandTribalHempAnnualReportA 

MS_25.pdf 
SECTION 8: SAMPLING PROCEDURE 

(1) Within fifteen (15) days prior to the anticipated harvest of cannabis plants, a Federal or 

Tribal law enforcement agency or other Federal or Tribal designated person shall collect 

samples from the flower material from such cannabis plants for THC concentration level 

testing as described in Section 9. 

(2) The method used for sampling from the flower material of the cannabis must be sufficient 

at a confidence level of ninety-five percent (95%) that no more than one percent (1%) of 

the plants in the lot would exceed the acceptable hemp THC level. The method used for 

sampling must ensure that a representative sample is collected that represents a 

homogeneous composition of the lot. 

(3) The sampling agency or designated person shall collect samples using the USDA's 

"Sampling guidelines for hemp growing facilities," available at: 

https://www.ams.usda.gov/sites/default/files/media/SamplingGuidelinesforHemp.pdf 

(4) During the scheduled sample collection, the producer or an authorized representative ofthe 

producer shall be present at the growing site. 

(5) Representatives of the sampling agency shall be provided with complete and unrestricted 

access during business hours to all hemp and other cannabis plants, whether growing or 

harvested, and all land, buildings, and other structures used for the cultivation, handling, 

and storage of all hemp and other cannabis plants, and all locations listed in the producer's 

license. 

(6) A producer shall not harvest the cannabis crop prior to samples being taken. 

SECTION 9: THC TESTING 

(1) Analytical testing for purposes of detecting the concentration levels of THC in the flower 

material of the cannabis plant shall meet the following standard: 

(a) Laboratory quality assurance must ensure the validity and reliability oftest results; 

(b) Analytical method selection, validation, and verification must ensure that the 

testing method used is appropriate and that the laboratory can successfully perform 

the testing; 

(c) The demonstration of testing validity must ensure consistent, accurate analytical 

performance; and 

(d) Method performance specifications must ensure analytical tests are sufficiently 

sensitive for the purposes of the detectability requirements of this part. 

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(2) At a minimum, analytical testing of samples for THC concentration levels must use postdecarboxylation or other similarly reliable methods approved by the Secretary. The testing 

methodology must consider the potential conversion ofTHC-A in hemp into THC and the 

test result reflect the total available THC derived from the sum of the THC and THC-A 

content. Testing methodologies meeting these requirements include, but are not limited to, 

gas or liquid chromatography with detection. 

(3) The total THC concentration level shall be determined and reported on a dry weight basis. 

Additionally, measurement ofuncertainty must be estimated and reported with test results. 

Laboratories shall use appropriate, validated' methods and procedures for all testing 

activities and evaluate measurement uncertainty. 

(4) The producer is responsible for ensuring and paying the costs for samples to be received 

and prepared for testing by a DEA-registered laboratory. 

(5) The laboratory shall follow the preparation and testing procedures as described in USDA's 

"Testing guidelines for Identifying Delta-9 Tetrahydrocannabinol (THC) Concentration in 

Hemp," available at: 

https://www.ams.usda.gov/sites/default/files/media/TestingGuidelinesforHemp.pdf 

(6) Any test ofa representative sample resulting in higher than the acceptable hemp THC level 

shall be conclusive evidence that the lot represented by the sample is not in compliance 

with this part. Lots tested and not certified by the DEA-registered laboratory at or below 

the acceptable hemp THC level may not be further handled, processed, or enter the stream 

ofcommerce and the producer shall ensure the lot is disposed ofin accordance with Section 

13. 

(7) Samples of hemp plant material from one lot shall not be comingled with hemp plant 

material from other lots. 

(8) Laboratories must have an effective disposal procedure for cannabis that are tested and do 

not meet the requirements of this Code. The procedure must be in accordance with CSA 

and DEA regulations found at 21 CFR 1317.15. 

(9) A list of Hemp Analytical Testing Laboratories is available at: 

https://www.ams.usda.gov/rules-regulations/hemp/dea-laboratories 

(10) Each producer must ensure that the DEA-registered laboratory that conducts the test ofthe 

sample(s) from its lots report the test results for all samples tested to the Department and 

USDA. 

(11) For each sample tested pursuant to this Section, the Producer shall obtain from a laboratory, 

or have the laboratory produce, a "Laboratory Test Result Report," available at: 

https://www.ams.usda.gov/sites/default/files/media/LaboratoryTestResultsReportAMS 2 

2.pdf. 

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(12) The laboratory test result report shall contain the following information: 

(a) Producer's license number; 

(b) Name of producer; 

(c) Business address ofproducer; 

(d) Lot identification information for the sample; 

(e) Name and DEA registration number oflaboratory; 

(f) Date of test and report; 

(g) Identification of a retest; and 

(h) Test result. 

(13) Any hemp program licensee may request that the laboratory retest samples if it is believed 

the original THC concentration level test results were in error. The licensee requesting the 

retest of the second sample will pay the cost of the test. The retest result shal1 be issued to 

the licensee requesting the retest and a copy shall be provided to the Department and USDA 

or its agent. 

(14) The producer shall harvest the crop not more than fifteen (15) days following the date of 

sample collection. 

(15) If the producer fails to complete harvest within fifteen (15) days of sample collection, a 

secondary pre-harvested sample of the lot shall be required to be submitted for testing. 

(16) Harvested lots of hemp plants shall not be commingled with other harvested lots or other 

material without prior written permission from the Department. 

(17) Lots that meet the acceptable hemp THC level may enter the stream of commerce. 

(18) Lots tested and not certified by the DEA-registered laboratory not exceeding the acceptable 

hemp THC level may not be furthered handled, processed, or enter the stream of commerce 

and the licensee shall ensure the lot is disposed of in accordance with Section 13. 

SECTION 10: NOTIFICATION REQUIREMENTS 

(1) The Department shall promptly notify the Administrator by certified mail or electronically 

of any occurrence of cannabis plants or plant material that do not meet the definition of 

hemp in this Code and attach the records demonstrating the appropriate disposal of all of 

those plants and materials in the lot from which the representative samples were taken. 

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(2) Each producer shall file with the Department documentation showing that the seeds planted 

are of a type and variety certified to have no more than three-tenths of one percent (0.3%) 

THC. The Council recognizes seed certifications by the Association of Official Seed 

Certifying Agencies (AOSCA) and the Organization for Economic Cooperation and 

Development (OECD) standards. 

(3) Each producer shall notify the Department of the sale or distribution of any hemp grown 

by the producer, including the name and address of the person receiving the hemp. 

SECTION 11: ENFORCEMENT PROCEDURES - VIOLATIONS 

In general. A producer violation of this Code shall be subject to enforcement solely in accordance 

with the terms of this Section. 

(1) Negligent violation. Negligent violations shall include, but not be limited to: 

(a) Failure to provide a legal description or street address ofland on which the producer 

produces hemp; 

(b) Failure to obtain a license or other required authorization from the Department; or 

(c) Production of cannabis with a THC concentration exceeding the acceptable hemp 

THC level. Hemp producers do not commit a negligent violation under this 

subsection ifthey make reasonable efforts to grow hemp and the cannabis does not 

have a THC concentration of more than one-half of one percent (0.5%) on a dry 

weight basis. 

(2) Corrective action plan. A producer described in Subsection (1) shall comply with a plan 

established by the Department to correct the negligent violation, including: 

(a) A reasonable date by which the producer shall correct the negligent violation; and 

(b) A requirement that the producer shall quarterly report to the Department on the 

compliance of the producer with the corrective action plan for a period of not less 

than the next two (2) calendar years from the date of the negligent violation. 

The Department shall conduct inspections to determine if the corrective action plan has 

been implemented. 

(3) Result of a negligent violation. A producer that negligently violates this Code under 

subsection (1) shall not as a result of that violation be subject to any criminal enforcement 

action by the Federal Government or any state government, Tribal government, or local 

government. 

(4) Repeat violations. 

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(a) A producer that negligently violates this Code under subsection (1) three (3) times 

in a five (5)-year period shall be ineligible to produce hemp for a period of five (5) 

years beginning on the date of the third violation. 

(b) A producer who violates clause (a) shall have his/her plants and plants products 

seized by the Agency and disposed of in accordance with Section 13. 

(5) Culpable violations. 

(a) Ifthe Department determines that a producer has violated this Code with a culpable 

mental state greater than negligence, the Department shall immediately report the 

producer to: 

(i) The U.S. Attorney General; and 

(ii) The chieflaw enforcement officer ofthe Agency. 

(b) Subsections (1)-(4) of this Section shall not apply to the violation. 

(6) Felony. 

(a) In general. Except as provided in clause (b), any person convicted of a felony 

relating to a controlled substance under Federal law before, on, or after the date of 

Dec. 20, 2018 shall be ineligible, during the ten ( 10) year period following the date 

of the conviction, to participate in hemp production in Blackfeet Territory. 

(b) Exception. Clause (a) shall not apply to any person producing hemp lawfully with 

a license, registration, or authorization under a pilot program authorized by Section 

7606 of the Agriculture Act of 2014 (7 USC § 5940) before the date of Dec. 20, 

2018, and whose conviction also occurred before that date. 

(c) Entities. If any key participant of an entity has been convicted of a felony related 

to a controlled substance and that conviction is not subject to the exception in clause 

(b), then the entity shall be ineligible during the ten (10) year period following the 

date of the conviction to participate in hemp production in Blackfeet Territory, 

unless the entity removes the convicted key participant within thirty (30) days after 

the conviction. 

(7) False statement. Any person who materially falsifies any information contained in an 

application to participate in hemp production in Blackfeet Territory shall be ineligible to 

participate under this Code. 

(8) Any person who is found to have violated subsections (5) -(7) shall have their plants and 

plants products seized by the Agency and disposed of in accordance with Section 13. 

SECTION 12: INSPECTIONS 

15 
(1) The Department shall have authority to conduct random inspections of producers and all 

lots to verify compliance with all requirements ofthe license issued. 

(2) The Department shall annually inspect a random sample of producers m Blackfeet 

Territory to verify that hemp is not produced in violation ofthis Code. 

(3) Inspections may be without advanced notice to producers. 

(4) Inspections may include sampling by Department inspectors for testing to determine hemp 

THC levels or any other Department defined purpose. 

(5) If a violation ofthis Code has been found as a result of an inspection, the violation shall be 

resolved by the procedures described in Section 11. 

SECTION 13: PROCEDURE FOR DISPOSAL OF NONCOMPLIANT CANNABIS 

Disposal Requirements: 

(1) Cannabis that test higher than three-tenths of one percent (0.3%) THC concentration shall 

be disposed of in compliance with DEA disposal regulations found in 21 CFR § 1317 et 

seq. 

(2) All cannabis cultivated at the same lot and that tests higher than three-tenths ofone percent 

(0.3%) THC shall be promptly disposed of according to the following disposition: 

(a) The producer shall, under the supervision of the Department and/or the Agency, 

collect all marijuana plants from the lot and tum them over to the Agency; 

(b) The Agency shall then either: 

(i) Immediately contact and, as soon as practicable, deliver to or provide for 

the pick-up of the marijuana by a reverse distributor for disposal; or 

(ii) Dispose of the marijuana immediately on-site in such a way as to render it 

to a non-retrievable state in order to prevent diversion ofany such substance 

to illicit purposes and to protect the public health and safety. If the Agency 

disposes of the marijuana on-site two agents of the Agency must sign an 

attestation that all ofthe marijuana was disposed and the method ofdisposal. 

(3) The Agency and/or Department shall collect all of the information required in the Hemp 

Disposal Report and Section 10. 

(4) The producer shall pay all costs for disposal. 

SECTION 14: DISPOSITION OF FEES 

16 
All fees assessed as provided by this Code must be deposited in the Council's special fund for 

administering and enforcing this Code. 

SECTION 15: LAND USE RESTRICTIONS AND SITE MODIFICATION 

(1) A producer shall not produce hemp on any site not listed in the license application. 

(2) A producer shall not produce hemp in any structure that is used for residential purposes. 

SECTION 16: TRANSPORTATION REQUIREMENTS 

A producer or other person responsible for the transportation of hemp must ensure the following 

documentation accompanies the hemp at all times during transport: 

(1) A copy of the producer's license that corresponds to the lot from which the hemp 

originated; 

(2) A copy of the pre-harvest test results that corresponds to the lot in transit; and 

(3) Any other documentation that may be required by the Department. 

SECTION 17: EFFECTS ON OTHER LAWS 

Agricultural leases authorized under the American Indian Agricultural Resource Management Act 

of 1993 (25 USC § 3701 et seq.) and BIA agricultural lease regulations (25 CFR Part 162) in 

Blackfeet Territory for the production of hemp shall include provisions to implement and enforce 

this Code and shall not include provision which are in conflict with this Code. 

SECTION 18: COMPLIANCE WITH FEDERAL LAW 

Nothing in this Code authorizes any person to violate any Federal or Tribal law, ordinance, or 

regulation. 

17 
--

HEMP PRODUCTION LICENSE APPLICATION 

This Hemp Production License Application and appropriate fees must be received by December 31st to be considered 

for the next year's growing season. 

APPLICANT INFORMATION Have you been licensed previously? o Yes □ No 

If yes, please provide the license number: 

Last Name: First Name: I Middle Name: 

Address: 

Citv: I State: I Zip: 

Phone: Cell: Email: 

Ifthe Applicant is an entity (attach applicant information and FBI Identity History Summaries for all key 

participants): 

Entity Name: 

Principal Business Address: 

City: I State: I Zip: 

Entity EIN Number: 

FIELD INFORMATION: Please provide a geospatial location, legal description, and/or street address for each 

lot or greenhouse where hemp will be produced. 

Lot or Greenhouse 1 

Township: Range: 

Section: 1⁄4 Section: 

Field Center Lat/Long: 

Street Address: 

City: State: __Zip: 

GPS Coordinates: 

Landowner or Agent Signature 

Landowner or Agent Name (Print) 

Number of Lots and/or Greenhouses: 

INTENDED USE FOR CROP(S) 

Check all that aooly 

Lot or Greenhouse 2 

Township: Range: 

Section: 1⁄4 Section: 

Field Center Lat/Long: -·-

Street Address: 

City: State: ___ Zip: 

GPS Coordinates -

Landowner or Agent Signature 

Landowner or Agent Name (Print) 

Total Acres and/or Square Footage: 

□ Fiber □ Construction Materials □ Cosmetics/Beauty/Health □ Seed Oil □ Food/Beverage 

D Variety Trials/Research □ Animal Bedding □ Biofuel □ Cannabinoid Oils D Seed Stock 

D Phyto Remediation □ Textiles 

□ Other - Please explain 

What is/are your primary goal(s) for this project? 

SEED VARIETIES AND SOURCES 

Hemp varieties must be approved by the Council and purchased from licensed dealers. 

Variety Licensed Seed Dealer Pounds 

LICENSE AND FEES 

BLACKFEET HEMP PRODUCTION LICENSE □ $1,000.00 

18 
ATTESTATION STATEMENT 

I hereby certify that the information contained in and submitted with this application is true and correct. Persons 

who violate federal or tribal laws regarding hemp production may be subject to federal or tribal prosecution. I 

further certify that I do not have any disqualifying felony drug convictions. I agree to comply with the Blackfeet 

Hemp Production Code, including consent to entrance of above property by the Department for hemp inspection 

and sampling. 

Name: Title: 

Signature: Date: 

Notary: 

DEPARTMENT USE ONLY 

Date Received: I Amount Received; I License#: 

INSTRUCTIONS 

Applicant Information: Please print clearly or type all required information. 

Criminal History Report: Producers in Blackfeet Territory must have no prior felony drug charge convictions in the 

past ten (10) years. You must provide all necessary FBI Identity History Summaries with this application. Attach 

additional pages for all FBI Identity History Summaries. FBI Identity History Summaries must be dated within sixty 

(60) days prior to the application submission date. 

Lot and/or Greenhouse Information; Please provide the exact location of each lot and/or greenhouse where the 

hemp will be produced. Attach additional pages if you have more than two lots and/or greenhouses. The legal 

landowner of the property or his/her agent must sign the application to receive a license. Rented or leased lots and/or 

greenhouses must have the actual landowner signature for each field. 

Seed Varieties and Sources: The Applicant must obtain only approved seeds, either certified to the Association of 

Official Seed Certifying Agencies (AOSCA) or the Organization for Economic Cooperation and Development 

(OECD) standard. Attach additional pages if more than three (3) varieties or sources are being produced. 

Intended Use for Crops; Please check all boxes that describe the planned uses for your hemp crop. 

License Fees: Please enclose a check for $1,000.00 to the Blackfeet Tribe. 

Contact Information and Signature: The Applicant must completely fill out, sign, and notarize the hemp production 

license application. 

Mail To or Return to: Blackfeet Homeland Security Department, P.O. Box 850, Browning, MT 59417, located in 

the Blackfeet Tribal Headquarters, 650 All Chiefs Rd. Browning, MT 59417. 

For additional assistance, please contact 406-33 8-7667 or 406-338-5545. 

19 
HEMP PROGRAM CERTIFICATION 

Pursuant to Section 297B (a)(2)(A)(vii) of the Agriculture Improvement Act of 2018 and 7 

CFR § 990.3(a)(8), I certify that the Blackfeet Home Land Security Department has the 

resources and personnel necessary to carry out each ofthe practices and procedures identified 

in Section 297B (a)(2) of the Act and 7 CFR §§ 990.3 (a)(l)-(7). 

DATED this /'/!.!5 day of:';;l hL-t,Lv1,(,,J , 2Qc2,{) . 

u 

~~r---> 

Timothy F. Davis 

Chairman 

Blackfeet Tribe 

20 
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~? ...' ·' ".~ BLACKFEET NATION ~-:.._ flH'-Hft ~ill.If ~ "-~

:;: ...~ ·:~ P.O. BOX 850 BROWNING, MONTANA 59417 ~-- ,10! ~- ~ (406) 338-7521 FAX (406) 338-7530 ~- -- "'""'' . ..,. ..,. k .. ,. ,.. .• ~ I . \.\ •'\lo,. .,.- ,, ,,. -~~ 

~.~.~-~ 

EXECUTIVE COMMITTEE 

BLACKFEET TRIBAL BUSINESS COUNCIL Timothy Davis, Chairman 

Iliff"Scott" Kipp, Vice-Chairman Timothy Davis 

Stacey Keller, Secretary Rodney Gervais 

Tinsuwella Bird Rattler, Treasurer MarlcPollock 

Vera Weaselhead 

Terry J. Tatsey 

Stacey Keller 

Carl D. Kipp 

February 06, 2020 IliffuScott" Kipp, Sr. 

Roland Kennerly, Jr 

Blackfeet Tribal Business Council 

Blackfeet Tribal Departments 

RE: Commitment ofBlackfeet Tribal Resources to Implement the Hemp Production Plan 

Dear BTBC Members and Tribal Departments, 

This letter serves as notice that I am committing Blackfeet Nation Tribal resources to 

implement the Hemp Production Plan that will be submitted upon Blackfeet Tribal Business 

Council adoption to the United States Department ofAgriculture for approval. Upon approval, 

the Blackfeet Nation will be immediately authorized to commence regulation of hemp 

production on the Blackfeet Reservation. 

The Blackfeet Homeland Security Department will serve as the lead Tribal department in 

the hemp production plan implementation. This department will ensure that all producer 

applications are investigated, including required background checks; ensure that required 

sampling of cannabis plants occurs as mandated by the plan; ensure producer compliance and 

ensure that cannabis crops that exceed the legal TCH level are destroyed. 

The Blackfeet Revenue Department will process and issue hemp production licenses in 

coordination with the Homeland Security Department. Further, the Blackfeet Law Enforcement 

Services will provide investigative services for producers that violate the hemp production plan 

requirements. Finally, the Blackfeet Land Department will ensure that all production on leased 

lands is in compliance with leasing regulations and the Blackfeet Environmental Office will 

monitor compliance with the Blackfeet Environmental Code. 

I would like to make an initial financial commitment of $60,000 for personnel and startup costs for this new effort that has the potential to generate significant revenue for the Tribe. 

Respectfully, 

Timothy Davis, Chairman