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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Environmental Protection
Chapter 5. Activities Other Than Oil and Gas Operations

Section 1. Scope

This Chapter 5 shall be applicable to any person conducting activities on tribal lands or bringing before the Executive Committee, for its approval, any plan or activity to be performed upon tribal lands which may significantly affect the health and welfare of the Absentee Shawnee people, tribal environment and tribal resources, excepting oil and gas operations, which are covered under Chapter 6 hereof.

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



Section 2. Determination By the Executive Committee

Every proponent of an activity upon tribal lands, excepting oil and gas activity, appearing before the Executive Committee to gain its approval of a proposal shall include in the presentation of the proposal a statement outlining the environmental consequences of the activity prepared in accordance with the National Environmental Policy Act and/or ASTM Phase 1 environmental assessment protocols. Should the Executive Committee feel that the activity may have a significant environmental effect; it shall require that a written statement be filed with the Executive Committee in accordance with Section 3 herein. The Executive Committee hereby delegates the function of reviewing the written statement for comments to aid the Executive Committee in its determination of the environmental consequences of the proposed activity to the directors of the environmental programs who will make recommendations regarding approval or disapproval of the project to the Executive Committee. A determination by the Executive Committee that a proposed activity may have a significant environmental effect shall be final.

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



Section 3. Statement To Be Submitted

(A) In the event a written statement is required by the Executive Committee, it shall be submitted to the environmental directors for review at least three (3) weeks prior to the Executive Committee meeting at which final approval of the proposed activity is sought.

(B) The document submitted may consist of an ASTM Phase 1 Environmental Assessment as conducted in accordance with the most recent federally adopted ASTM standard E1527-(05) as the minimum level of due diligence required.

(C) In addition, specific consideration shall be included regarding possible detrimental impacts because of the following:

(1) Hazardous materials used in the proposed activity.

(2) Airborne emissions and effluents both in the construction and operational phases of the activity.

(3) Solid waste disposal, both in the construction and operational phases of the activity.

(4) Noise emissions, both in the construction and operational phases of the activity.

(5) Any other uncontrolled emissions or discharges, both in the construction and operational phases of the activity.

(E) The written statement shall include a discussion of all alternatives to the proposed activity, in accordance with the ASTM E-1527-05 (or latest version thereof) recommended format, including both the short and long term benefits and detriments of each alternative, any adverse environmental and/or ecological impacts which cannot be avoided, and any irreversible and irretrievable commitments of resources. This statement must be prepared by an environmental professional as defined under the EPA Appropriate Inquiry Rule (AAI) and/or the latest version of ASTM E-1527-05

(F) Non-classified baseline data and other environmental data previously prepared for the Tribe, may be made available to the applicant on request to the person or agency designated by the Executive Committee.

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

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