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Ysleta Del Sur Pueblo Hemp Plan (DRAFT) 

Section 1: Title This document shall be known and codified, for purposes of the Pueblo Law and 

Order Code, as The Ysleta del Sur Pueblo Hemp Production Plan (“hemp plan”). 

Section 2: Findings

A. Pueblos and Indian tribes are dependent sovereign nations residing within the

territorial boundaries of the United States of America. As such, the Ysleta del Sur Pueblo (“The 

Pueblo”) exercises, with some limitations imposed by the US Government, sovereign jurisdiction 

over its members and lands and nothing in this hemp plan shall be construed as waiving or 

limiting that sovereignty or jurisdiction. 

B. The Agriculture Improvement Act of 2018, colloquially known as the Farm Bill,

which amended the Agricultural Marketing Act of 1946 (7 U.S.C. § 1621 et seq.) by adding 

Subtitle G entitled “Hemp Production,” which would allow The Pueblo to cultivate Hemp in 

accordance with the Farm Bill and to create a hemp plan under which hemp may be grown and 

produced within Pueblo jurisdiction and which must be approved by the Secretary of Agriculture. 

C. The Pueblo further finds that such use of its lands for hemp growing and production would be 

financially beneficial and promote the sovereign goals of The Pueblo and its people. 

D. Finally, The Pueblo finds that it possesses the resources and personnel necessary to

fulfill the requirements set forth in the Farm Bill. 

Section 3: Definitions

A. “Acceptable Hemp THC Level” means: A certified laboratory tested sample of hemp

using the application of the measurement of uncertainty to the reported delta-9

tetrahydrocannabinol content concentration level on a dry weight basis produces a

distribution or range of 0.3% or less.

B. “Act” means the Agricultural Marketing Act of 1946, as amended.

C. “Agricultural Marketing Service” or “AMS” refers to the Agricultural Marketing

Service of the U.S. Department of Agriculture.

D. “Applicant(s)” means a person(s) or entity/entities who submit an application to

participate in the Ysleta Del Sur Pueblo Hemp Program.

E. “Cannabis” means a genus of flowering plants in the family Cannabaceae of which

the Delta-9 Tetrahydrocannabinol concentration on a Dry Weight Basis has not been

determined.

F. “CBD” means cannabidiol.
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G. “Conviction” means any plea of guilty or nolo contendere or any final finding of guilt

by a court of competent jurisdiction.

H. “Criminal History Report” means a Federal Bureau of Investigation’s Identity History

Summary.

I. “CSA” means Controlled Substance Act for purposes of this Plan.

J. “Culpable Mental State Greater Than Negligence” means to act intentionally,

knowingly, willfully, recklessly, or with criminal negligence.

K. “Cultivate” means to plant, water, grow or harvest a plant or crop

L. “DEA” means United States Drug Enforcement Agency

M. “Decarboxylated” means the completion of the chemical reaction that converts THCacid into delta-9 Tetrahydrocannabinol. 

N. “Delta-9 Tetrahydrocannabinol” or “THC” means delta-9- tetrahydrocannabinol

concentration, the intoxicating component of Cannabis.

O. “Dry Weight Basis” means the ratio of the amount of moisture in a sample to the

amount of dry solid in a sample.

P. “FSA” means the Farm Service Agency of the U.S. Department of Agriculture.

Q. “Financial Interest” means a person or entity that has an interest, share, or ownership

in an operation(s).

R. “Handle” means to harvest, transport, or store Hemp plants or Hemp plant parts prior

to the delivery of such plants or plant parts for further processing or for the purposes of

chemical analysis and/or disposal of such.

S. “Handler” means a person or entity which handles hemp.

T. “He,” or in the alternative, “She.” Shall be used, for the purposes of this plan,

interchangeably and shall not be evidence of gender preference.

U. “Hemp” means the plant Cannabis sativa L. and any part of that plant, including but

not limited to the seeds and all derivatives or extracts with a Delta-9

Tetrahydrocannabinol concentration of 0.3 percent or less on a Dry Weight Basis

V. “Indian Country” means:

1. All land within the exterior boundaries of any Indian reservation, The Ysleta

del Sur Pueblo, under the protection of the United States Government,
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notwithstanding the issuance of any patent, and, including rights-of-way running 

through said reservation.

2. All dependent Indian communities within the borders of the United States

whether within the original or subsequently acquired territory thereof, and

whether within or without the limits of a state.

3. All Indian allotments, the titles to which have not been extinguished,

including rights-of-way running through the same. (18 U.S.C. § 1151).

W. “Information Sharing System” means the database mandated under the Act which

allows USDA to collect and share information collected under the Pueblo’s plan with

Federal, State, Tribal, and local law enforcement.

X. “Key Participants” means a person or persons who have a direct or indirect financial

interest in the Hemp being cultivated or in the entity producing the Hemp, such as an

owner or partner in a partnership. A Key Participant also includes persons in a corporate

entity with executive managerial control.

1. Key Participant does not include non-executive managers such as farm, field,

and shift managers.

Y. “Law Enforcement Agency” means the Ysleta del Sur Pueblo Tribe Police

Department, DEA, or other federal Law Enforcement Agency. This definition does not

include any state law enforcement agency.

Z. “License” means a valid License issued by the Pueblo to grow, handle, store, 

process, transport, or market Hemp and shall be in conformity with a format prescribed 

by the USDA.

AA. “License Agreement” means an agreement between the Pueblo and Licensed 

Grower, Producer, Transporter or Handler pursuant to which the Pueblo regulates the 

conduct of that Licensee.

BB. “Licensed Grower” means a person or entity licensed by the Pueblo HCO to grow, 

Handle, store, and market Hemp under the terms established by this Plan.

CC. “Licensed Processor” means a person or entity licensed by the Pueblo to Process,

Handle, store, and market Hemp under the terms established by this Plan.

DD. “Location ID” means the unique identifier established by the applicant for each

unique set of geospatial coordinates where Hemp will be grown, handled, stored, or

processed.
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EE. “Lot” means a contiguous area in a field, greenhouse, or indoor growing structure 

containing the same variety or strain of hemp throughout the area. The Lot shall match 

the growing area reported by the Producer to the FSA.

FF. “Marketable Hemp Product” means a Hemp product meant for public use or 

consumption that meets one or more of the following descriptions:

1. Marketable Hemp Product does not include any Hemp materials containing a

THC level above 0.3 percent, as tested by a certified testing lab.

2. Marketable Hemp Product does include CBD that was derived from Hemp as

defined by this Plan and not prohibited by applicable law or approved as a

prescription medication by the United States Food and Drug Administration.

GG. “Marijuana” means all Cannabis with a tested THC level higher than 0.3 percent on 

a dry weight basis. 

HH. “Measurement of Uncertainty” means the parameter, associated with the results of a 

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

attributed to the particular quantity subject to the measurement. 

II. “Phytocannabinoid” means cannabinoid chemical compounds found in the cannabis

plant, two of which are Delta-9 tetrahydrocannabinol (delta-9 THC) and cannabidiol

(CBD).

JJ. “Pesticide” means any substance or mixture of substances intended to prevent, 

destroy, control, repel, attract, or mitigate any pest; used as a plant regulator, defoliant, or 

desiccant; used as a spray adjuvant, once they have been mixed with a U.S. 

Environmental Protection Agency registered product; and any substance or mixture 

classified as a pesticide by the Tribe or agency of the Federal Government. 

KK. “Permit” means a Pueblo issued certificate that authorizes a licensed producer 

to plant, grow, or store Hemp, any part of Hemp, or Hemp related products in a 

specifically described and similarly licensed location. 

LL. “Producer” means an owner or operator who shares the risk of cultivating a crop and

who is entitled to share in the crop available for market or would have shared had the

crop been Produced. This definition shall include a grower of hybrid seed.

MM. “Prohibited Variety” means a variety or strain of cannabis excluded by this Plan or

current or subsequent regulations.

NN. “Process” means the harvesting of hemp or the use of any process or equipment 

necessary to convert raw Hemp plants or plant parts into a consumable product. 
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OO. “Processor” or “Processor Facility” means a commercial Pueblo licensed entity that 

purchases Hemp from a grower and extracts resin from the Hemp or creates a Hempinfused product for sale and transfer in packaged form.

PP. “Processor License" means a document created by the Pueblo which authorizes a 

person or entity to process, handle, transport or store Hemp at a specified location(s).

QQ. “Propagule” means a plant or plant part that can be utilized to grow a new Hemp

plant.

RR. “Pueblo” and Tribe shall be used interchangeably for the purposes of this Plan and 

shall mean the Ysleta del Sur Pueblo, a Federally recognized Indian Tribe.

SS. “Regulations” means the official regulations, policies, and procedures promulgated 

by the Ysleta del Sur Pueblo or designated tribal entity or organization with 

regulatory authority of the products and process contemplated by this Plan.

TT. “Tribal Court” means the courts of the Ysleta del Sur Pueblo which are courts of 

general jurisdiction.

UU. “Tribal Law” means any and all ordinance or laws of the Tribe enacted to authorize, 

implement or enforce this plan.

VV. “Tribal/Pueblo Jurisdiction” means all lands within the exterior boundaries of the

Pueblo or Indian Country (see definition of such above) that are under the control of the

Ysleta del Sur Pueblo.

WW. “Tribal Police” or “Tribal Law Enforcement” shall mean the Ysleta del Sur Pueblo 

Tribal Police Department.

XX. “USDA” means the United States Department of Agriculture.

YY. “Variety” or “Strain” means a subdivision of a species that is uniform and where the 

variations are distinctive, stable (distinctive characteristics remain unchanged, if 

reproduced) and describable and distinct, meaning the variety can be differentiated by 

one or more identifiable morphological, physiological or other characteristics from all 

other publicly known varieties. 

ZZ. “Volunteer Cannabis Plant” means any cannabis plant that grows of its own accord 

and is not (emphasis added) intentionally planted. 

Section 4: Ysleta del Sur Pueblo Regulatory Duties and Responsibilities - The Pueblo shall 

promulgate or cause to be promulgated regulations, policies, procedures and forms in furtherance 

of this plan. The Tribal Council will enforce or cause to be enforced the Pueblo’s regulations. 

The forms collected and all information entered on the forms will be used to maintain records 

and enforce procedures. Willful non-compliance with any of the established regulations will 
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result in immediate license revocation without the ability to reapply for one to three years, 

depending on violation and corrective action plan. 

The Pueblo, under this section of the Hemp Plan shall conduct audits of Tribal licensees and 

issue corrective action plans for negligent violations. Negligent violations by a producer may 

lead to suspension or revocation of a producer’s license. The Pueblo shall conduct both 

desk audits and site visit audits. And, at a minimum, there shall be annual inspections of a 

random sample of Producers to verify that hemp is not produced in violation of the Plan. 

When the Pueblo visits a licensee’s facility, the licensee must provide access to any fields, 

greenhouses, storage facilities or other locations where the licensee produces hemp. The Tribe 

may also request records from the licensee to include production and planting data, testing 

results, and other information as determined by Tribe. 

So long as they are consistent with the USDA approved plan, the Pueblo’s 

regulations, policies, procedures and forms shall include but shall not be limited to: 

A. Pesticide use in accordance with this Plan and all applicable regulations.

B. It shall collect, maintain and provide the USDA with contact information of each

license applicant and license holder.

C. It shall ensure an annual crop report is submitted to FSA for each of its license holders 

and the Pueblo shall submit an annual report to FSA by December 15th of each year 

containing the information required in 7 CFR Part 990.70 (c).

D. It shall maintain and report to USDA the status of licensed producers and any

changes to information in an applicant’s or license holder’s application package or any

changes to the status of their license or the license number.

E. Not only shall it license Producers and Processors, but it shall also set guidelines

for and eventually license all locations where Hemp is authorized to be grown and/or

processed under this Plan.

F. Create a process for reporting and recordkeeping of all relevant data associated with

this Plan. The Pueblo will collect and maintain or cause to be collected and maintained

any and all information it gathers in the furtherance of this plan for the duration of the

Pueblo’s involvement in the Hemp industry and for 10 years after the cessation of any

tribal Hemp activities.

1. Any and all agreements between growers and Processors shall be included in

the general information the Pueblo shall have access to and shall maintain in some

recorded form as outlined above in Section 4 (F).

G. Sampling. The Tribal Sampling procedures are in accordance with the USDA

guidelines for the collection of samples. THC testing and post-testing actions and the
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collection of the resulting data shall be conducted by the Pueblo or, at the Pueblo’s

direction, by the Producer/Grower and/or Processor. Such samples are taken to obtain

specimens for the measurement of tetrahydrocannabinol (THC) content which determine

whether the specimens are Hemp or Marijuana. The measurements are intended to be

representative of the THC content in a Lot of Hemp crop acreage as identified by the

Producer’s Tribal License. Hemp Producers may not harvest Hemp prior to the Hemp

being sampled and receipt of permission to harvest from the Pueblo.

1. Producer shall not harvest any crop prior to pre-harvest samples being taken in

the manner described herein.

a. Pre-Harvest Notification. At least 20 calendar days prior to harvest,

each hemp Producer shall submit a pre-harvest notification, on a form

provided by the Tribe. This will initiate the sampling process. A hemp

grower must notify the Tribe immediately of any changes in the reported

harvest dates in excess of seven calendar days.

1. At least 15 days prior to the anticipated harvest of Tribally

Licensed Hemp, a Tribally Licensed Producer shall contact the

Pueblo to arrange for a Federal or Tribal Law Enforcement Agency

or other Federal or Tribal person designated by the Tribe and

properly trained, to collect samples from the flower material.

Harvest must be conducted within 15 days of this sampling.

b. From such plants, testing shall be done for Delta-9

Tetrahydrocannabinol concentration levels.

c. The method used for sampling from the flower material of the plant

must be sufficient to determine, at a confidence level of 95 percent, that no

more than one percent (1%) of the plants in the Licensed Lot would exceed 

the Acceptable Hemp THC Level under this Plan. The method used for 

sampling must ensure that a representative sample is collected and that it 

represents a homogeneous composition of the Lot.

e. During a scheduled sample collection conducted by the Pueblo, the

Producer shall be present at the time of collection.

f. All Licensed Producers must provide the representative(s) of the

sampling agency with complete and unrestricted access during business

hours to all Hemp and/or other plants, whether growing or harvested, and

to all land, buildings, and other structures used for the cultivation,

handling, and storage of all Hemp and other Cannabis plants and seeds, as

well as to all locations listed in the Producer’s License and Permit(s).
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f. A Tribally Licensed Producer shall not harvest their crop prior to these

samples being taken and receipt of approval to harvest from the Pueblo.

Violation of this requirement shall be grounds for License revocation.

H. Testing. The Pueblo shall contract or require Producer to contract with one or more

Pueblo approved and DEA- registered testing laboratories which have the ability to

utilize a reliable methodology for testing the THC level of Hemp using postdecarboxylation or other similar methods where the THC concentration level reported 

accounts for the conversion of Delta-9 Tetrahydrocannabinolic acid (THC-A) into THC. 

Current testing methodologies meeting these requirements include those using Gas or 

High Performance Liquid Chromatography with detection. 

1. The lab’s Hemp testing method must consider the potential conversion of delta

9 tetrahydrocannabinolic acid (THC-A) into THC and must measure the total

available THC derived from the sum of the THC and THC-A.

2. The lab’s results must also be accompanied by a scientifically accurate,

consistent and reliable Measurement of Uncertainty and the potential range of

THC concentration which results from the application of those uncertainty factors

3. The lab’s quality assurance standards must ensure the validity and reliability of

its test results and it must use only appropriate, validated methods and procedures

for all testing activities and measures of uncertainty.

4. All test results shall be returned simultaneously to the Pueblo and the relevant

Producer by the lab as soon as such test results become available.

5. The Producer may request a retesting of the original sample should she believe

an error occurred with the testing. The Retesting shall be accomplished as soon as 

possible and such retesting shall be at the expense of the Producer and shall be

performed in the same way and to the same standards as the original sampling and

testing. However, at the request of the Producer, a different DEA-certified

laboratory may be used should the Pueblo agree.

6. Upon receipt of a passing testing report, the Pueblo shall notify the Producer of

its authorization to harvest or, in the instance of a failing testing report, order the

destruction of the Lot in compliance with the terms of this Plan. The Pueblo shall

also notify law enforcement and notify the USDA by certified mail or

electronically of any test results that do not meet the requirements of this Plan or

applicable federal law. It shall also fall upon the Producer to ensure the lab

conducting the tests reports results to the USDA with all additional information

required in 7 CFR Part 990.70 (d).

7. Any hemp lot failing testing must be quarantined until its proper destruction

and disposal. The failing lot shall not be handled, processed by anyone while in

quarantine nor may it enter the stream of commerce.
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8. All samples become the property of the Pueblo and are non-returnable.

I. Storage. After the Lot has been sampled for testing and the Pueblo approves harvest,

the Producer may harvest the Hemp for storage at a Pueblo Licensed Location. The

Producer shall not remove the Hemp from a Licensed Location until the Pueblo

authorizes removal and transportation. The Producer shall maintain a high degree of

control over its lot(s) to assure that no hemp plant material from one lot be commingled

with plant material from another lot. Producer shall create a record identifying each lot

under its control and outline the precautions taken to ensure that no commingling occurs.

This report shall immediately, upon storage, be filed with the Pueblo. However, under

no circumstance may the Hemp enter into the chain of commerce until tested and

released by the Pueblo.

J. Procedures for destruction of Hemp.

1. Mandatory disposal. A Producer whose Hemp is tested and found to exceed

the Acceptable Hemp THC Level shall cooperate fully in the disposal of that

Hemp or Hemp material by a person authorized under the Controlled Substance

Act to Handle Marijuana, such as a DEA-agent or a duly authorized Federal or

Tribal or law enforcement officer. The manner of disposal shall be in accordance

with the Controlled Substance Act and DEA regulations found at 21 CFR

1317.15.

2. Producer Requested Destruction- A Producer who unilaterally determines that

his Hemp crop or Hemp material must be destroyed under this Plan shall submit

to the Pueblo a Crops Destruction Request at least 30 days prior to the proposed

crop destruction. Upon receipt of this request, a Pueblo representative shall visit

the site, determine the status of the grow, and either authorize the Producer’s

destruction of the crop by a person authorized under the Controlled Substance Act

to Handle Marijuana, such as a DEA-agent or a duly authorized Federal or Tribal

law enforcement officer. Destruction of a Hemp crop or Hemp material shall be

accomplished in whatever manner proscribed by the supervising entity, e.g., the

DEA or Tribal Police. At a minimum of 48 hours prior to destruction, a producer

shall be required to provide a detailed plan for destruction as outlined by the

supervising entity to the Pueblo. If allowed by the supervising entity, the Pueblo

shall provide a representative to witness the destruction.

3. A Licensee whose crop is destroyed by a person authorized under the

Controlled Substance Act to Handle Marijuana and in accordance with the

Controlled Substance Act and DEA regulations found at 21 CFR 1317.15, shall

create a Crop Destruction Report within 48 hours of destruction and forward that

immediately upon completion to the Pueblo. A copy of the report shall be

forwarded no later than the first of the month following the destruction to the

USDA as per requirements contained in as per 7 CFR Part 990.70 (b). The report

shall contain the following information:
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a. Name and address of the Licensee and any additional contact

information that may be required as per 7 CFR Part 990.70 (b).

b. The License number of the Licensee.

c. Location information of the Lot destroyed with all Geospatial Location

or other location descriptor included along with specific information on

total acreage disposed of.

d. Who and which agency effected the destruction including specific

information regarding the agent (name and official identification

information) conducting/directing the destruction and detailed information

on the agency he/she represents.

e. The date of destruction.

f. Signature of the Licensee.

K. The regulation of prohibited products or activities associated with this Plan.

Licensees who are found to have a negligent violation will be subject to corrective action.

The Pueblo shall file a notice of negligent violation with the licensee and then establish

and review a corrective action plan with the licensee. The corrective action plan will

include a reasonable date by which the producer will correct the negligent violation or

violations and require the producer to periodically report to Pueblo on its compliance with 

the plan for a period of not less than the next two calendar years from the date of the

negligent violation.

A producer who has negligently violated this part or any other applicable tribal or 

federal plan three times in a five-year period is ineligible to produce hemp within the 

Pueblo’s Jurisdiction for a period of five years from the date of the third violation 

and may lead to suspension or revocation of a producer’s license. 

A Producer that negligently violates this Tribal plan shall not, as a result of that violation, 

be subject to any criminal enforcement action by the Tribal, Federal, State, or local 

government. If the Tribe, operating under this approved plan, determines that a Producer 

has violated the plan with a culpable mental state greater than negligence, 

Tribal government shall immediately report the Producer to the U.S. Attorney General 

and the chief law enforcement officer of the Pueblo. 

Implementation of the corrective action(s) shall be verified by the Pueblo during the next 

scheduled audits or through unannounced site visits by a Pueblo representative. A 

negligent violation includes but shall not be limited to: 

1. Failure to obtain a license from the Pueblo prior to engaging in hemp

production.
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2. Failure to provide a legal description of the land on which the hemp is

to be produced

3. Producing plants exceeding the acceptable hemp THC level.

a. A producer shall not commit a negligent violation if they produce

plants exceeding the acceptable THC levels if they use reasonable efforts

to grow hemp and the hemp does not have a THC concentration level of

more than 0.5 percent on a dry weight basis.

4. Failure to conduct proper sampling or testing.

a. Sampling and testing violations occur only when the Pueblo takes into

consideration an entire lot. This means that if testing determines that a

sample of five plants from a specific lot has THC concentrations

exceeding the acceptable hemp THC level contemplated under this Plan

the Pueblo shall consider this a negligent violation.

L. Penalties (reserved). If new regulations make any substantive alterations to this hemp

plan, the changes must be submitted to the USDA for review as per 7 CFR Part 990.4 (b).

M. Remedies (reserved). If new regulations make any substantive alterations to this

hemp plan, the changes must be submitted to the USDA for review as per 7 CFR Part

990.4 (b).

N. Sharing Information with the USDA.

All relevant information regarding any hemp growing or production within the Pueblo’s

reservation shall be shared with the USDA. This generally shall include but shall not be

limited to contact information for a hemp Producer operating within the Ysleta del Sur

Pueblo reservation, a legal description of the land on which hemp is grown by each

Producer and the status of each Producers’ license from the Pueblo, acreage planted,

acreage harvested and, if applicable, acreage destroyed. Further, the Pueblo shall require

the Producers to report their hemp crop acreage to the FSA and this reporting shall be

consistent with the requirement contained in 7 CFR Section 990.7. This shall be done in

a manner and in time frames enumerated throughout this Plan or following those

prescribed by the USDA.

Section 5: Producer/Processor License – All Producers and Processors shall apply for 

permission from the Pueblo to engage in any activities contemplated under this Plan. Permission 

shall be accomplished by way of a Pueblo sanctioned license. Said license shall be predicated on 

the person(s) or entity providing the licensing information taking and passing a full and thorough 

background investigation conducted by the Pueblo. Each license shall carry an identifier created 

in a format prescribed by the USDA. 

A. Licensing of applicants. A person or persons representing themselves as a Producer

of Hemp for the purposes of this Plan and applying for a license from the Pueblo must be

over the age of 21 and have no felony convictions. Nor may an applicant have any
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convictions for crimes related to illegal substances/drug use, drug trafficking or for 

crimes of dishonesty for the past 15 years. Further, any person(s) or entity applying for a 

license who, after a full background investigation on the applicant is completed, is found 

to have materially falsified any information in their application shall be deemed 

ineligible to participate in the program. 

1. Applicants shall be requiredto apply to the Ysleta Del Sur Pueblo for a license

and must submit all required forms in the Tribal License ApplicationPacket and

shall submit all requested information outlined in the application packet or

additionally requested by the Pueblo.

a. The application will include: Legal Name / Address / Telephone

Number / Email Address / Current registeredlegaldescriptionoflandarea

wherehempwillbeproduced/processed,GPSlocation, or other land

identifier used by Tribe.

B. The Tribe has established the following general requirements for applicants:

1. Full Application must be submitted with payment made for Tribal license

processing fee.

2. All applicants are required to be fingerprinted and be backgrounded forstatewide

and nationwide criminal history check. If a business entity is the applicant, the

person responding on behalf of the entity and any others deemed necessary by the

Pueblo and in conformity with any and all applicable laws, rules or regulations

shall undergo finger printing and background checks.

3. Each license is good for 1 year and licensees will have to be in compliance with

the Tribal Hemp Plan in order to be eligible to renew.

4. Licenses are non-transferable and not permitted for re-sale.

5. Licensed producers will report crop acreage to FSA with the corresponding

license number included.

6. Licensees shall provide to the Pueblo Proof of Insurance that includes worker’s

compensation for its employees and general liability insurance.

7. Licensees shall provide to the Pueblo a business plan and operations plan that

includes, at a minimum, the following:

a. The proposed acreage or greenhouse or indoor square footage for

production or used for processing

b. In detail, the type of activity proposed.
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c. A description of the type of facility proposed and the anticipated or

actual number of employees. The name of the proposed Manager(s) of the

Facility.

d. A security plan which shall include a general description of the security

systems(s), fencing and lighting plan showing the outside lighting and, if

applicable, the alarmed and monitored security system service

agreement(s).

e. A list of Pesticides, and other chemicals proposed for use.

f. A description and plan of all equipment and methods that will be

employed to stop any impact to adjacent land by the proposed Hemp

production/processes.

g. A plan for the disposal of Hemp, chemicals and related byproducts

which shall be as stringent or more stringent than those contained in the

Plan and shall meet all USDA requirements and guidelines.

h. A statement of previous farming experience.

i. Detailed information regarding the planned source of seeds or

Propagules.

8. Producers shall report any changes of their contact information to the Pueblo,

in writing, within 14 calendar days of the change.

Section 6: General Guidelines for a Licensed Producer to Conduct the Growing of Hemp.

Any and all planting and growing efforts by any Producer within Pueblo jurisdiction shall 

stringently follow this Plan and all applicable Tribal and Federal requirements for such as 

outlined in the Farm Bill and any all other similar and applicable documents. 

A. A Producer shall establish certain records with the USDA Farm Services Agency

which shall include hemp crop acreage, 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, acreage dedicated to the production of 

hemp, or greenhouse or indoor square footage dedicated to the production of hemp 

and their license identifier.

B. Planting Report. Within 14 calendar days after planting any hemp, each licensed

hemp Producer shall submit a planting report that includes the GPS coordinates and a

map showing the location and actual acreage or square feet of hemp planted and the total 

acreage of hemp planted.
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C. Post-Harvest Report. Within 14 calendar days post-harvest, each licensed hemp

Producer shall submit a post-harvest report, on a form provided by the Pueblo. A hemp

Producer is not required to document, in this report, the removal of male hemp plants on

a post-harvest report if the male hemp plants are destroyed or utilized on the registered

land area and are not transferred or sold.

1. However, if such an action is taken, a short report detailing the location of any

such removed male hemp plants, quantity and actions taken to dispose of such

shall be created by the Producer and filed separately with the Pueblo at the time of

such action.

Section 7: Applicability of Tribal Illegal Substances Laws

A. Exemption from tribal prosecution. No employee or Key Participant of a Hemp Business or

Licensed Producer or Processor shall be subject to criminal prosecution or civil penalty under

Tribal Law for the cultivation, production, or distribution of Hemp when acting in accordance

with this Plan.

1. This Plan shall supersede and stand is stead of existing Tribal Law on this matter.

Section 8: Tribal Testing. The Tribe reserves the right to seek USDA and DEA approval for its 

own testing procedures/facility. 

Section 9: Fines and Fees. If not otherwise specified in this document, the Pueblo may apply 

reasonable fees to Producer/Processors for licensing, testing, sampling and all other activities 

that may render costs for the administration of this Plan. Reasonable fines may also be assessed 

by the Pueblo on Producer/Processors for any infractions of this Plan.