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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Environmental Protection
Chapter 1. General Provisions

Section 1. Purpose

The purpose of this Code is to insure that proper and meaningful consideration of environmental, cultural, historical, and ecological factors is made by any person or entity including the Absentee Shawnee Tribe prior to its approval of activities on the tribal lands under the administrative and legal authority of the Absentee Shawnee Tribal Government which may significantly affect that environment in whole or in part.

Absentee Shawnee Environmental Code Section 1, AST ENVIR Code Section 1



Section 2. Administration

The duly elected Executive Committee of the Absentee Shawnee Tribe assigns the responsibility for the day-to-day functions under this Code jointly to the Office of Environmental Protection (OEP) and the Office of Environmental Health and Engineering (OEH & E), with specific areas of responsibility delegated to each program as deemed necessary and appropriate by the Executive Committee.

Absentee Shawnee Environmental Code Section 2, AST ENVIR Code Section 2



Section 3. Effective Date

This Code became effective on the date of approval by the Absentee Shawnee Executive Committee. It was enacted as the “Absentee Shawnee Environmental Protection Code,” on the date of the approving resolution.

Absentee Shawnee Environmental Code Section 3, AST ENVIR Code Section 3



Section 4. Amendment

The Environmental Protection Code amends all previous tribal codes and/or codes relative to the environmental protection of tribal lands in whole or in part, through approval of this code.

Absentee Shawnee Environmental Code Section 4, AST ENVIR Code Section 4



Section 5. Business or Operator's Permit

Every person seeking Tribal action hereunder shall obtain a Business or Operator's Permit from the Tribe if so required by the Codes of the Tribe or federal laws or regulations. Any violation of this Code shall be grounds for suspension or revocation of a person's Permit.

Absentee Shawnee Environmental Code Section 5, AST ENVIR Code Section 5



Section 6. Definitions

(A) Activity. Any industrial or commercial development project, any development project involving the disturbance of more than one (1) acre of land surface, any development activity in a part of the tribal lands designated environmentally sensitive, or any research project, other than activity connected with oil and gas operations.

(B) Applicant. The person requesting a permit to conduct activities on the tribal lands which are regulated by this Code, other than oil and gas activity.

(C) Operator's Permit. An Operator's Permit issued by the Tribe required by the Codes of the Tribe.

(D) Executive Committee. The elected governing body of the Absentee Shawnee Tribe of Indians of Oklahoma.

(E) Development project. Any activity which directly or indirectly seeks to develop, use or modify tribal resources.

(F) Environmentally sensitive area. Any tribal lands considered by the Executive Committee to be so subject to environmental disturbance as to warrant special rules to govern resource development.

(G) Federal regulations. Regulations adopted by an agency of the United States government and published as a part of the Code of Federal Regulations.

(H) Non-compliance. Any neglect, failure or refusal to do or perform an act set forth in this Code.

(I) Oil and gas activity. Any activity on tribal lands engaged in pursuant to leases entered into under the Indian Mineral Leasing Act of 1938, 25 U.S.C. §§ 396a-396g; land subject to development contracts issued pursuant to the Indian Mineral Development Act of 1982, P.L. 97-382, 25 U.S.C. §§ 2101-2108; or activities undertaken solely by the Tribe.

(J) Oil and gas lessee. A person holding rights to explore, develop or operate on tribal lands for oil and gas under a lease issued pursuant to the Indian Mineral Leasing Act of 1938, supra, or the Indian Mineral Development Act of 1982, supra.

(K) Oil and gas contractor. A contractor with the Tribe under contract negotiated pursuant to the Indian Mineral Development Act of 1982, supra; under joint exploration and development contract entered into with the Tribe prior to the effective date of the 1982 Act; or under contract to conduct activities on land operated by the Tribe outside of these Acts.

(L) Permit holder. The holder of a tribal environmental permit issued under this Code, except for oil and gas exploration and development.

(M) Person. Any individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision or agency, or any other legal entity or its legal representatives, agents, or assigns.

(N) Pollutant. Any substance or energy entering the environment as a direct or indirect result of human activity which alters or has the potential to alter the physical, chemical, biological, cultural or aesthetic properties of the environment.

(O) Research project. A project or study conducted to gain knowledge about Reservation resources.

(P) Tribal lands. Any lands held under tribal trust status owned by the Absentee Shawnee Tribe, as well as lands affiliated under the administrative and governmental jurisdiction of the Absentee Shawnee Tribe including restricted individually owned tribal allotments under the administrative and legal oversight of the Absentee Shawnee Tribe and other lands owned by the Absentee Shawnee Tribe which may have a mixed jurisdictional status.

(Q) Tribal environment. The functioning system composed of all living and non-living entities and objects within the boundaries of the tribal lands together with their interactions and the inputs to and outputs of that system.

(R) Tribal resources. The physical and biological resources of the Tribe within the boundaries of the Tribal lands, including but not limited to land, water, air, minerals, cultural or historical sites and objects, animal and plant life, and aesthetic values.

(S) Secretary. The Secretary of the Interior of the United States of America or his authorized delegate.

(T) State regulations. Regulations formally adopted by an agency of the State of Oklahoma.

(U) Program Director. Jointly the Environmental Director of the Office of Environmental Protection and the Director of the Office of Environmental Health and Engineering.

(V) Tribe. The Absentee Shawnee Tribe of Indians of Oklahoma.

(W) Tribal environmental permit. A permit issued by the Tribe pursuant to this Environmental Protection Code to carry out an action covered by this Code.

(X) Violation. Breach of any right, duty, requirement or provision of this Environmental Protection Code.

Absentee Shawnee Environmental Code Section 6, AST ENVIR Code Section 6

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