TITLE
11 - ENVIRONMENT, NATURAL RESOURCES, ANIMALS AND PLANTS
| Chapter |
Section
|
| 1.
Environmental Protection |
1
|
| 2.
Solid Waste Disposal and Recycling |
1001
|
| 3.
Natural Resource Protection Code |
2001
|
| 4.
Domestic Animals |
3001
|
Historical
and Statutory Notes
Band
Statute 1163-MLC-21, T.I, § 18.01 provides:
"If
any provisions of the Band Statute, or the application thereof, to any
person, business, corporation or circumstance is held invalid, the invalidity
shall not affect other provisions or applications of this Band Statute
which can be given effect without the invalid provisions or application
and to this end, the provisions of this Band Statute are declared severable."
CHAPTER
1
ENVIRONMENTAL PROTECTION
| Subchapter |
Section
|
| I.
General Provisions |
1
|
| II.
Environmental Protection Ordinance |
101
|
| III.
Litter |
201
|
Historical
and Statutory Notes
The
Preamble of Band Statute 1163-MLC-21 provides: "It is enacted by the
Band Assembly of the Non-Removable Mille Lacs Bands of Chippewa Indians
for the purpose of amending the environmental laws to establish minimum
requirements for air, water, land and natural resource pollution control
within the territorial jurisdiction of the Non-Removable Mille Lacs
Bands of Chippewa Indians."
GENERAL PROVISIONS
Section
1. Purpose.
2. Creation of Environmental Protection Commission.
3. Selection and terms of office of Environmental Protection Commission.
4. Environmental Protection Directives.
5. Powers and duties of Environmental Protection Commission.
6. Entry upon property.
7. Reports to Band Assembly.
8. Emergency powers.
9. Jurisdictional authority.
10. Judicial authority.
11 . Duty to notify and avoid pollution.
12. Enforcement.
13. Law enforcement and natural resources officers; powers.
14. Criminal penalties.
15. Civil penalties.
16. Defenses.
17. Actions to recover penalties or damages.
18. Actions for declaratory or equitable relief.
19. Exempt acts.
20. Jurisdiction and service of process.
21. Notice to Band of summons and complaint.
22. Intervention.
23. Burden of proof.
24. Collateral estoppel.
25. Res judicata.
26. Relief.
27. Rights and remedies non-exclusive.
28. Statute of limitations.
29. Recovery of litigation costs and expenses.
30. Sovereign immunity.
31. Construction.
§ 1. Purpose
(a)
The purpose of Subchapters I and II of this chapter is to achieve
a reasonable degree of purity of air, water, land, and natural resources
of the Band consistent with the maximum enjoyment and use thereof
in furtherance of the welfare of all persons within the jurisdiction
of the Band. Subchapters I and II of this chapter are enacted by the
inherent aboriginal and sovereign rights of the members of the Non-Removable
Mille Lacs Bands of Chippewa Indians, the Treaties of 1837 and 1855,
and by the authority vested in the Non-Removable Mille Lacs Bands
of Chippewa Indians under Article I, Section 3; Article VI, Sections
1 and 2; and Article XIII of the Constitution of the Minnesota Chippewa
Tribe.
(b)
It is the purpose of Subchapters I and II of this chapter to establish
and further the environmental policies of the Bands to provide for
the prevention, control and abatement of the pollution of the air,
water, and land, so far as feasible and practical, in furtherance
of conservation of the natural resources and public health and safety
of all territories subject to the jurisdiction of the Band. It is
hereby declared that such efforts are necessary for the protection
of present and future vital security interests of the Band and its
members.
(c)
It is the purpose of Subchapters I and II of this chapter, to safeguard
the air, waters and lands of the Band from pollution by preventing
any new pollution and abating pollution existing upon enactment of
this Band Statute, under a program consistent with the declaration
of policy hereinafter stated and the minimum environmental standards
established by the laws and regulations promulgated by the United
States of America, unless supplemented by more restricted standards
of Band law.
(d)
It is the purpose of Subchapters I and II of this chapter, to perpetuate
commonly held traditional beliefs, amongst American Indian people
that human beings have a duty to peacefully co-exist within the natural
environment. Human beings further have a natural duty to protect the
environment which provides humans with life-sustaining natural resources.
(e)
It shall be the public policy of the Non-Removable Mille Lacs Bands
of Chippewa Indians that each person has an inalienable right to the
protection, preservation, and enhancement of air, water, land and
other natural resources located within the jurisdiction of the Band
and that each person has a legal duty to aid in the protection, preservation
and enhancement of air, water, land and other natural resources located
within the jurisdiction of the Band, so that all human beings may
live in harmony with nature.
(f)
It shall be the public policy of the Non-Removable Mille Lacs Bands
of Chippewa Indians to enact and enforce a series of environmental
protection measures which shall, at a minimum equal the environmental
protection laws of the United States of America and, if necessary
and prudent exceed the minimum standards established by federal law.
Historical
and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 1.
Cross
References
Band governmental power and sovereignty, see 2
MLBSA § 1 et seq.
§ 2. Creation of Environmental Protection Commission
There is hereby created within the Natural Resources Administration,
a separate administration to be known as the Environmental Protection
Commission of the Non-Removable Mille Lacs Bands of Chippewa Indians.
Historical
and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 2.
§ 3. Selection and terms of office of Environmental
Protection Commission
(a)
The Environmental Protection Commission shall be comprised of a five
member commission chaired by the Commissioner of Natural Resources.
The remaining members of the Commission shall be nominated by the
Chief Executive and confirmed by the Band Assembly to a four year
term of office to expire on June 30, 1992, and every four years henceforth
from this date.
(b)
The members of the Commission shall be nominated as a consequence
of their individual education, abilities, knowledge of nature, concern
and commitment demonstrated for the environmental resources of the
Band. The composition of the Commission shall not be restricted to
members of the Band and at least one seat shall be filled by a person
from the community surrounding the lands subject to the jurisdiction
of the Band.
Historical
and Statutory Notes
Source:Band
Statute 1163-MLC-21, T.I, § 3.
§ 4. Environmental Protection Directives
The public acts and deeds of the Agency shall be published in the form
of Environmental Protection Directives. Such written Directives shall
be in uniform format, numbered consecutively and have expiration dates.
The Commissioner of Natural Resources is authorized to execute such
Directives in the name of the Commission, and to act in the name of
the Commission when public necessity so dictates a documented need to
do so, or as set forth in 11 MLBSA § 8.
Historical
and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 3.02.
§ 5. Powers and duties of Environmental Protection Commission
The Environmental Protection Commission shall have the following powers
and responsibilities:
(a)
To administer and enforce all environmental protection regulations,
herein enacted, of the United States of America and the Non-Removable
Mille Lacs Bands of Chippewa Indians;
(b)
To investigate the extent, character and effect of pollution of the
air, water, land or natural resources of the Band and to gather data
and information necessary or desirable in the administration or enforcement
of pollution laws, and to make such classification of the air, water,
land or natural resources of the Band as it may deem advisable; and,
to take such measures as necessary to abate pollution;
(c)
To establish and alter such reasonable standards and regulations for
quality air, water, lands and other natural resources of the Band
in relation to the public use and enjoyment of the members as necessary
to implement the purposes of Subchapters I and II of this chapter;
(d)
To adopt, issue, reissue, modify, deny, or revoke, enter into or enforce
reasonable orders, permits, variances, standards, regulations, schedules
of compliance, and stipulation agreements, under such conditions as
it may prescribe, in order to prevent, control or abate pollution
of the air, waters, lands, or natural resources subject to the jurisdiction
of the Band;
(e)
To exercise all powers, duties and responsibilities, which are reasonably
necessary for the protection of the air, water, lands, and natural
resources of the Band. All such authority so exercised pursuant to
this subsection shall be consistent in scope and nature with authority
delegated to the United States Environmental Protection Agency by
act of Congress or federal judicial interpretation of such act.
(f)
To enter into cooperative agreements with any environmental protection
agency of the United States, the State of Minnesota or any other federally
recognized Indian tribe relating to the purposes of Subchapters I
and II of this chapter.
(g)
To receive and accept money, property or services from any person
or from any agency described in subsection (f) or from any other source
for any purpose within the scope of its functions, in the name of
the Non-Removable Mille Lacs Bands of Chippewa Indians. All monies
so received are hereby appropriated for such purposes in like manner
and subject to like provisions of law as the corresponding appropriations
of all Band revenue. The Commission shall have no authority to waive
the sovereign immunity of the Non-Removable Mille Lacs Bands of Chippewa
Indians as a requisite to receipt of any domestic assistance or private
funding.
(h)
To issue, continue in effect or deny permits, under such conditions
as it may prescribe for the prevention of pollution, for the emission
of air contaminants, or for the installation or operation of any emission
facility, air contaminant treatment facility treatment facility, potential
air contaminant storage facility, or storage facility, or any part
thereof, or for the sources or emission of either air or noise pollution
on lands subject to the jurisdiction of the Band.
(i)
To issue, continue in effect or deny permits, under such conditions
as it may prescribe for the prevention of pollution, for the storage,
collection, transportation, processing, or disposal of waste, or for
the installation or operation of any system or facility, or any part
thereof related to the storage, collection, transportation, processing,
or disposal of waste.
(j)
To prohibit the introduction, storage, collection, processing, disposal,
or transportation of hazardous waste on lands subject to the jurisdiction
of the Band.
(k)
To hold public hearings as it may deem necessary or advisable for
the discharge of its duties under this act. All hearings conducted
by the Environmental Protection Commission shall be recorded and transcribed.
All final records, studies, reports and other documents prepared in
final form by order of, or for consideration of, the Commission, are
confidential records of the Non-Removable Mille Lacs Bands of Chippewa
Indians. Notwithstanding the foregoing, the Commission may disclose
any such information in order to comply with federal law and regulation,
to the extent and for the purposes of such federally required disclosure.
Historical
and Statutory Notes
Source:
Band Statute 1163-MLC-21, § 4.
§ 6. Entry upon property
Whenever the Commission deems it necessary for the purposes of Subchapters
I and II of this chapter, the Commission or any member, employee, or
agent thereof, when authorized by it, may enter upon any property subject
to the jurisdiction of the Band or public lands not subject to the jurisdiction
of the Band, for the purpose of obtaining information or conducting
surveys or investigations.
Historical
and Statutory Notes
Source: Band Statute 1163-MLC-21, T.I, § 4.12.
§ 7. Reports to Band Assembly
The Environmental Protection Commission shall, before December 1 of
each year, prepare a report of progress on abatement and control of
air, water, land or natural resource pollution with recommendations
for legislation in furtherance of the Band's environmental policies.
Historical
and Statutory Notes
Source: Band Statute 1163-MLC-2 1, T.I, § 20.
§ 8. Emergency powers
In the event that there is imminent and substantial danger to health
and welfare of the members of the Band as a result of the pollution
of air, water, land or natural resources; upon such finding, the Environmental
Protection Commission may by emergency directive order the immediate
discontinuance of abatement of such pollution without notice and without
a hearing, or at the request of the Commission, the Solicitor General
of the Band may bring an action in the name of the Band in any court
of competent jurisdiction for a temporary restraining order to immediately
abate or prevent such pollution. Such Commission directive or temporary
restraining order shall remain effective until notice, hearing and determination
are effected pursuant to other provisions of law, or, in the interim,
as otherwise ordered. Such Commission directive shall be appealable
to the Court of Central Jurisdiction.
Historical
and Statutory Notes
Source: Band Statute 1163-MLC-21, T.I, § 21.
§ 9. Jurisdictional authority
The Environmental Protection Commission shall exercise all the environmental
jurisdiction possessed by the Non-Removable Mille Lacs Bands of Chippewa
Indians as stated herein:
(a)
The Non-Removable Mille Lacs Bands of Chippewa Indians shall exercise
concurrent environmental jurisdiction with the United States of America
over the air space encompassing all lands and waters subject to the
jurisdiction of the Band.
(b)
The Non-Removable Mille Lacs Bands of Chippewa Indians shall exercise
concurrent environmental jurisdiction with the United States of America
over all streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation system, drainage
systems and all other accumulations of water, surface or underground,
natural or artificial, public or private, which are contained within,
flow through or border upon lands of the Mille Lacs Bands of Chippewa
Indians.
(c)
The Non-Removable Mille Lacs Bands of Chippewa Indians shall exercise
concurrent environmental jurisdiction with the United States of America
over:
(1)
all lands within the exterior boundaries of the Mille Lacs Reservation
and Sandy Lake Reservation as established by the Treaty of 1855;
(2)
all lands held in trust by the United States of America for the
benefit of the Minnesota Chippewa Tribe, which are lawfully delegated
to the jurisdiction of the Mille Lacs Bands; and, all lands held
in trust by the United States of America for the benefit of the
Non-Removable Mille Lacs Bands of Chippewa Indians;
(3)
all lands subject to the jurisdiction of the Band pursuant to federal
law, notwithstanding the issuance of any patent, and including rights-of-way
running through said lands;
(4)
all individual allotments for the benefit of any member of the Non-Removable
Mille Lacs Bands of Chippewa Indians which are located within the
exterior boundaries of the Mille Lacs and Sandy Lake Reservations
as established by the Treaty of 1855;
(5)
all lands held in fee status in the name of the Non-Removable Mille
Lacs Bands of Chippewa Indians which are located within the exterior
boundaries of the Mille Lacs and Sandy Lake Reservations as established
by the Treaty of 1855.
(d)
The criminal and civil jurisdiction of the Non-Removable Mille Lacs
Bands of Chippewa Indians shall extend to all enrolled members of
the Mille Lacs Bands of Chippewa Indians, enrolled members of the
Minnesota Chippewa Tribe who reside within the territorial jurisdiction
of the Mille Lacs Bands of Chippewa Indians, Indians from other tribes
who enter the territorial jurisdiction, including Indian Country,
of the Mille Lacs Bands of Chippewa Indians, Indians from other tribes
who enter the territorial jurisdiction of the Mille Lacs Bands of
Chippewa Indians by virtue of residency, employment or violation of
Mille Lacs Band Statute(s) within the territorial jurisdiction of
the Mille Lacs Bands of Chippewa Indians.
(e)
The exercise of civil jurisdiction of the Non-Removable Mille Lacs
Bands of Chippewa Indians over non-Indians, in environmental protection
causes of action shall exist to the extent authorized by the laws
of the United States of America. The criminal jurisdiction of the
Non-Removable Mille Lacs Bands of Chippewa Indians shall not extend
to non-Indians.
(f)
The jurisdiction of the Non-Removable Mille Lacs Bands of Chippewa
Indians shall extend to all persons, political sub-divisions and their
officers and agents, public or private corporations, associations,
partnerships and any other individuals or entities who shall violate
the environmental protection laws of the Band within the exterior
boundaries of the Mille Lacs and Sandy Lake Reservations or on lands
held in trust or fee status in the name of the Band, as authorized
pursuant to the laws of the United States of America.
Historical
and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 5.
Cross
References
Jurisdiction of Court of Central Jurisdiction, see 5
MLBSA §§ 111 to 113.
§ 10. Judicial authority
(a)
The Court of Central Jurisdiction shall have original jurisdiction
over any civil or criminal violation of the environmental protection
laws of the Non-Removable Mille Lacs Bands of Chippewa Indians, subject
to the provisions of 11 MLBSA § 9.
(b)
The Court of Central Jurisdiction is hereby authorized to dismiss
and transfer any cause of action where jurisdiction can not be lawfully
exercised, to any court of competent jurisdiction entitled to adjudicate
said cause of action.
Historical
and Statutory Notes
Source: Band Statute 1163-MLC-21, T.I, § 6.
Cross
References
Jurisdiction of Court of Central Jurisdiction, see 5
MLBSA §§ 111 to 113.
§ 11. Duty to notify and avoid pollution
It is the duty of every person subject to the jurisdiction of the Non-Removable
Mille Lacs Bands of Chippewa Indians to notify the Environmental Protection
Commission immediately of the discharge, accidental or otherwise, of
any substance or material under its control which, if not recovered,
may cause pollution of the air, waters, lands or natural resources of
the Band, and the responsible person shall recover as rapidly and as
thoroughly as possible such substance or materials, and take immediately,
such other action as may be reasonably possible to minimize or abate
pollution of the air, waters or lands of the Band.
Historical
and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 8.
§ 12. Enforcement
The provisions of Subchapters I and II of this chapter and all regulations,
standards, orders, stipulation agreements, schedules of compliance and
permits adopted or issued by the Environmental Protection Commission
for the prevention, control, or abatement of pollution of the air, water,
lands or natural resources subject to the jurisdiction of the Mille
Lacs Bands of Chippewa Indians may be enforced by any one or any combination
of the following:
(a)
Criminal prosecution;
(b)
Action to recover civil penalties;
(c)
Injunctions;
(d)
Action to compel performance; or,
(e)
Other appropriate action in accordance with other provisions of Subchapters
I and II of this chapter.
Historical
and Statutory Notes
Source: Band Statute 1163-MLC-21, T.I, § 7.
§ 13. Law enforcement and natural resources
officers; powers
Any duly authorized law enforcement officer or natural resources officer
of the Non-Removable Mille Lacs Bands of Chippewa Indians is hereby
authorized to take all action to the extent of their authority that
may be necessary or proper for the enforcement of Subchapters I and
II of this chapter, regulations, standards, directives, stipulation
agreements, variances; schedule of compliance or permits.
Historical
and Statutory Notes
Source: Band Statute 1163-MLC-21, T.I, § 7.01.
Cross
References
Enforcement, Environmental Protection Ordinance, see 11
MLBSA § 105.
§ 14. Criminal penalties
(a)
Any Indian who willfully or negligently violates any provision of
Subchapters I and II of this chapter, or any standard, regulation,
variance, directive, stipulation agreement, schedule of compliance
or permit issued or adopted by any environmental protection agency
or government which violation is not included in subsection (b), shall
upon conviction be guilty of an environmental offense and may be sentenced
to imprisonment for no longer than one hundred and eighty days and/or
a fine not to exceed five thousand dollars.
(b)
Any Indian who willfully or negligently violates any provision of
Subchapter I or II of this chapter or the provision of any federal
law enacted for the protection of the environment which is incorporated
by reference into the laws of the Mille Lacs Bands of Chippewa Indians,
shall upon conviction, be guilty of an environmental offense and may
be punished by a fine schedule as promulgated by the Commissioner
of Natural Resources.
Historical
and Statutory Notes
Source: Band Statute 1163-MLC-21 , T.I, § 9.
Cross
References
Violations and penalties, Environmental Protection Ordinance, see 11
MLBSA § 106.
§ 15. Civil penalties
(a)
Any person subject to the jurisdiction of the Band who violates any
provision of Subchapter I or II of this chapter or any provision of
any federal law enacted for the protection of the environment which
is incorporated by reference into this chapter, or any standard regulation,
variance, directive, stipulation agreement, schedule of compliance
or permit issued or adopted by any environmental protection agency
of government shall forfeit and pay to the Band a penalty, in an amount
to be determined by the court, of not more than five thousand dollars
per day of violation.
(b)
In addition, in the discretion of the court, the defendant may be
required to:
(1)
Forfeit and pay to the Band a sum which will adequately reimburse
any vendor for the reasonable value of cleanup and other expenses
directly resulting from unauthorized discharge of pollutants, whether
or not accident; and
(2)
Forfeit and pay to the Band an additional sum to constitute just
compensation for any loss or destruction of wildlife, fish or other
aquatic life, and birds and for other proven actual damages to the
Band caused by an unauthorized discharge of pollutants.
Historical
and Statutory Notes
Source: Band Statute 1163-MLC-21, T.I, § 10.
Cross
References
Violations and penalties, Environmental Protection Ordinance, see 11
MLBSA § 106.
§ 16. Defenses
As
a defense to any said damages, the defendant may prove that the violation
was caused solely by:
(a)
natural causes,
(b)
negligence on the part of the Mille Lacs Bands of Chippewa Indians
of some other unit of government, or
(c)
an act or failure to act which constitutes sabotage or vandalism,
or
(d)
any combination of the foregoing subsections.
Historical
and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 10.03.
§ 17. Actions to recover penalties or damages
The civil penalties and damages provided for in 11 MLBSA
§ 16 may be recovered by a civil action brought by the Solicitor
General in the name of the Non-Removable Mille Lacs Bands of Chippewa
Indians in the Court of Central Jurisdiction or in any other court of
competent jurisdiction of the State of Minnesota or Wisconsin provided
that this chapter is utilized to commence and determine the rights and
obligations of the parties, pursuant to the provisions of 28 USC 1360(d)
or any other applicable federal law.
Historical
and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 10.04.
Cross
References
State civil jurisdiction, Environmental Protection Ordinance violations,
see 11 MLBSA § 128.
§ 18. Actions for declaratory or equitable
relief
Any person residing on trust land subject to the jurisdiction of the
Band, the Solicitor General, on behalf of the Band or any instrumentality
or administration of the Band may maintain a civil action in the Court
of Central Jurisdiction for declaratory or equitable relief in the name
of the Non-Removable Mille Lacs Bands of Chippewa Indians against any
person, for the protection of the air, water, land or other natural
resources located within the jurisdiction of the Band, whether publicly
or privately owned, from pollution, impairment or destruction.
Historical
and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 11.
§ 19. Exempt acts
No action shall be permitted pursuant to 11 MLBSA §
18 for acts taken by a person which do not and can not reasonably
be expected to pollute, impair, or destroy any other air, water, land
or natural resources located within the jurisdiction of the Band. Neither
shall actions be permitted under 11 MLBSA § 18
for conduct taken by a person pursuant to established environmental
quality standards of Band law, any regulation, rule, declaration, license,
stipulation agreement or permit issued by the Mille Lacs Environmental
Protection Commission.
Historical
and Statutory Notes
Source: Band Statute 1163-MLC-21, T.I, § 11.01.
§ 20. Jurisdiction and service of process
As to any cause of action arising under 11 MLBSA§
18, the Court of Central Jurisdiction may exercise personal jurisdiction
to the extent permissible by the laws of the Mille Lacs Bands and the
United States and service of process on any person who is subject to
the jurisdiction of the Court of Central Jurisdiction may be made by
personally serving the summons upon the defendant who may be outside
of the jurisdiction of the Band with the same effect as though the summons
had been personally served within the jurisdiction of the Band.
Historical
and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 14.
Cross
References
Personal jurisdiction, Court of Central Jurisdiction, see 5
MLBSA § 113.
§ 21. Notice to Band of summons and complaint
Within seven days after commencing such action, the plaintiff shall
cause a copy of the summons and complaint to be served upon the Solicitor
General and the Commissioner of Natural Resources.
Historical
and Statutory Notes
Source: Band Statute 1163-MLC-21, T.I, § 11.02.
§ 22. Intervention
In any action maintained under 11 MLBSA § 18,
the Solicitor General may intervene as a matter of right and may appoint
special counsel where as a result of such intervention he may represent
conflicting or adverse interests. Other interested parties may be permitted
to intervene on such terms as the court may deem just and equitable
in order to effectuate the purposes and policies of Subchapters I and
II of this chapter.
Historical
and Statutory Notes
Source: Band Statute 1163-MLC-21, T.I, § 11.03.
§ 23. Burden of proof
(a)
In an action maintained pursuant to 11 MLBSA §
18, where the subject of the action is conduct governed by any
provision of Subchapter I or II of this chapter or an action by the
Environmental Protection Commission, whenever the plaintiff shall
have made a prima facie showing that the conduct of the defendant
violates or is likely to violate any provisions of this Act or any
action by the Environmental Protection Commission, the defendant may
rebut the prima facie showing by the submission of evidence to the
contrary.
(b)
In any other action maintained pursuant to 11 MLBSA
§ 18, whenever the plaintiff shall have made a prima facie
showing that the conduct of the defendant has, or is likely to cause
pollution, impairment, or destruction of the air, water, land or other
natural resource located within the jurisdiction of the Band, the
defendant may rebut the prima facie showing by the submission of evidence
to the contrary. The defendant may also show, by way of an affirmative
defense, that there is no feasible and prudent alternative and the
conduct at issue is consistent with and reasonably required for promotion
of the public health, safety and welfare in light of the Band's paramount
concern for the protection of the overall environment from pollution,
impairment or destruction. Economic considerations alone shall not
constitute a defense hereunder.
(c)
In an action maintained under 11 MLBSA § 18,
the plaintiff shall have the burden of proving that the environmental
quality standard, limitation, regulation, rule, directive license,
stipulation agreement or permit is inadequate to protect the air,
water, land or other natural resources located within the jurisdiction
of the Band from pollution, impairment or destruction by showing material
evidence of such inadequacy.
Historical
and Statutory Notes
Source: Band Statute 1163-MLC-21, T.I, § 12.
§ 24. Collateral estoppel
Where any action maintained pursuant to 11 MLBSA §
18 results in a judgment in favor of the defendant that no violation
of Subchapter I or II this chapter has occurred by said defendant, the
judgment shall not stop the Band from relitigation of any or all of
the same issues with the same or other defendants unless the Band brought
the prior action against the same or other defendant.
Historical
and Statutory Notes
Source: Band Statute 1163-MLC-21, T.I, § 11.04.
§ 25. Res judicata
Where any action maintained pursuant to 11 MLBSA §
18 results in a judgment in favor of the plaintiff, the judgment
shall be res judicata between the parties in any action the Band may
bring against the same defendant.
Historical
and Statutory Notes
Source: Band Statute 1163-MLC-21, T.I, § 11.05.
§ 26. Relief
The Court of Central Jurisdiction may grant declaratory relief, temporary
and permanent equitable relief, or may impose such conditions on the
party as are necessary or appropriate to protect the air, water, land
or other natural resource located within the jurisdiction of the Band
from pollution, impairment or destruction. When the court grants temporary
equitable relief, it may require the plaintiff, except where the Band
is plaintiff, to post a bond sufficient to indemnify the defendant for
damages suffered because of the temporary relief, if permanent relief
is not granted.
Historical
and Statutory Notes
Source: Band Statute 1163-MLC-21, T.I, § 13.
Cross
References
Injunctions, Environmental Protection Ordinance, see 11
MLBSA § 107.
§ 27. Rights and remedies non-exclusive
No existing civil or criminal remedy for any wrongful action shall be
excluded or impaired by Subchapter I or II of this chapter. The rights
and remedies herein shall be in addition to any administrative, regulatory,
statutory or common law right and remedies now or hereafter available.
Historical
and Statutory Notes
Source: Band Statute 1163-MLC-21, T.I, § 15.
§ 28. Statute of limitations
Proceedings in respect of an environmental offense pursuant to any provisions
of Subchapter I or II of this chapter, may be instituted at any time
within three years after the time when the subject matter of the proceedings
was discovered.
Historical
and Statutory Notes
Source: Band Statute 1163-MLC-21, T.I, § 17.
§ 29. Recovery of litigation costs and expenses
In any action brought by the Solicitor General, in the name of the Band,
pursuant to Subchapter I or II of this chapter, for civil penalties,
injunctive relief, or in an action to compel compliance, if the Band
shall finally prevail, and if the proven violation was willful, the
Band, in addition to other penalties provided in 11 MLBSA
§ 15, may be allowed an amount determined by the court to be
the reasonable value of all or a part of the litigation expenses incurred
by the Band. In determining the amount of such litigation expenses to
be allowed, the court shall give consideration to the economic circumstances
of the defendant.
Historical
and Statutory Notes
Source: Band Statute 1163-MLC-21, T.I, § 16.
§ 30. Sovereign immunity
The Non-Removable Mille Lacs Bands of Chippewa Indians shall not be
subject to any environmental suit in any court of competent jurisdiction
without the expressed enactment of law by the Band Assembly.
Historical
and Statutory Notes
Source: Band Statute 1163-MLC-21, T.I, § 19.
§ 31. Construction
The Solicitor General or exterior legal counsel and the Court of Central
Jurisdiction whichever is applicable, shall liberally construe the provisions
of Subchapters I and II of this chapter so as to provide for the full
force and effect of the purposes therein stated.
Historical
and Statutory Notes
Source: Band Statute 1163-MLC-21, T.I, § 18.
SUBCHAPTER II
ENVIRONMENTAL PROTECTION ORDINANCE
Section
101. Title of subchapter.
102. Statement of purpose.
103. Definitions.
104. Jurisdiction.
105. Enforcement.
106. Violations and penalties.
107. Injunctions.
108. Notice of violation.
109. Default.
110. Setting hearing date.
111. Sewage disposal system permits.
112. Permits generally.
113. Environmental Assessments and Impact Statements.
114. Format for the Environmental Impact Statement.
115. Variances
116. Water-Policy and goals.
117. Water-Definitions.
118. Water-Standards.
119. Air-Policy and goals.
120. Air-Definitions.
121. Air-Standards.
122. Soils-Policy and goals.
123. Soil-Definitions.
124. Soils-Standards.
125. Subsurface resources.
126. Forestry-Policy and goals.
127. Forestry-Standards.
128. State civil jurisdiction.
Historical
and Statutory Notes
The Preamble of Band Statute 1091-MLC-24 provides:
"It
is enacted by the Band Assembly of the Mille Lacs Band of Chippewa Indians
in order to exercise a more effective form of tribal government to regulate
the natural resources of the Mille Lacs Band of Chippewa Indians."
§ 101. Title of subchapter
This subchapter shall be known as the Mille Lacs Band of Chippewa Indians
Environmental Protection Ordinance.
Historical
and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.II, § 1.
Band Statute 1091-MLC-24, § 1 provides: "This Ordinance shall be
known as the Mille Lacs Band of Chippewa Indians Natural Resources Protection
Ordinance."
§ 102. Statement of purpose
The Mille Lacs Band of Chippewa Indians Natural Resource Protection
Ordinance to protect the natural resources within the jurisdiction of
the Mille Lacs Band of Chippewa Indians as defined under the Constitution
of the Minnesota Chippewa Tribe pursuant to Section 16 of the Act of
June 18, 1934 (48 Stat. 984), amended June 15, 1935 (49 Stat. 3781)
and approved by the Secretary of Interior on July 24, 1936. This subchapter
is to provide a uniform set of standards which are necessary to supplement
the Mille Lacs Reservation's Conservation Code, so that hunting, fishing,
trapping, wild rice and all other natural resources of Reservations'
and Bands' may be preserved and protected. Where such Band laws and
standards do not exist and are not promulgated, these laws and standards
will apply. And whereas the Mille Lacs Band of Chippewa Indians finds
that water is the primary resource of the natural resources system,
the protection of the quality and quantity of the water resources is
the primary objective of these laws and furthermore, the inter-relationships
of water and other natural resources is such that the management of
soil, timber, air and mineral resources has both direct and indirect
effects upon the quality and quantity of the water, fish, wild rice
and wildlife resources. These and all other interaction of resources
will be considered when planning and management activities are engaged.
Historical
and Statutory Notes
Source: Band Statute 1091-MLC-24, § 1.01.
Band Statute 1163-MLC-21, T.II, § 1.01.
Cross
References
Natural Resources Protection Code, see 11
MLBSA § 2001 et seq.
§ 103. Definitions
(a)
"Band" means the Mille Lacs Band of Chippewa Indians and the constituent
Bands of the Non-Removable Mille Lacs Band of Chippewa Indians.
(b)
"Clearcutting" means any timber harvested and timber cutting on any
and all tracts of land where the standing timber remains after harvesting
or cutting is less than 40 trees of 8 inches or greater dbh per acre.
(c)
"Day" means a 24 hour period which shall be from 12:00:00 a.m. to
11:59:59 p.m. in the Central Time zone of the United States.
(d)"Lake"
means any body or accumulation of water, whether natural or artificial,
the majority of which is open water, which is an area 10 acres of
more, and in depth at least 15 feet at some point.
(e)
"Marsh, Wetland" means any body or accumulation of water whether natural
or artificial, whether or not seasonal, where a majority area of the
surface water contains emergent vegetation.
(f)
"Non-Point Source" means man-made or man-induced pollution from any
and all sources not included in the point source definition.
(g)
"Open Water" means a water surface absent of emergent vegetation.
(h)
"Person" means any municipality, governmental sub-division, public
or private corporation, individual, partnership, or other entity,
including but not limited to association, commission or any interstate
body, and includes any officer or governing or managing body of any
municipality, governmental subdivision, or public or private corporation
or other entity.
(i)
"Point Source" means any discernible, confined, and discrete
conveyance, including but not limited to any pipe, stack, ditch, channel,
tunnel, conduit, well, discrete fissure, container, rolling stock
concentrated animal feeding operation, or vessel or other floating
craft, from which pollutants are or may be discharged.
(j)
"Pollution, Water Pollution, Air Pollution" means the man-made or
man-induced alteration of the chemical, physical, biological or radiological
integrity of the waters or atmosphere of the Mille Lacs Band of Chippewa
Indians.
(k)
"Pond" means any body or accumulation of water, whether natural or
artificial, the majority of which is open water, which is an area
less than 10 acres, whether or not seasonal.
(1)
"River, Stream" means any waterway or watercourse, whether natural
or artificial, whether or not seasonal, which follows a flow channel
to any lake, pond, marsh, river or to any other accumulation of water.
(m)
"Road" means any roadway, whether paved; graveled or otherwise surfaced,
which is maintained for public use of four-wheeled vehicles.
(n)
"Standard" means water quality and quantity standards, air quality
standards and soil protection standards as outlined in this Mille
Lacs Band of Chippewa Indians Resource Protection Ordinance.
(o)
"Waters of the Mille Lacs Band of Chippewa Indians" means all streams,
lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs,
aquifer, irrigation system, drainage systems and all other accumulations
of water, surface or underground, natural or artificial, public or
private, which are contained within, flow through or border upon lands
of the Mille Lacs Band of Chippewa Indians, and which are contained
with, flow through or border upon any other lands where Mille Lacs
Band of Chippewa Indians member's rights of hunting, fishing, trapping
and gathering rice are reserved.
Historical
and Statutory Notes
Source:Band
Statute 1091-MLC-24, § 2.
Band Statute 1163-MLC-21, T.I, § 2.
§ 104. Jurisdiction
(a)
The jurisdiction of the Mille Lacs Band of Chippewa Indians under
this subchapter shall extend to:
(1)
All lands within the exterior boundaries of the constituent Bands
of the Non-Removable Mille Lacs Band of Chippewa Indians as created
by treaty, Executive Order, or federal act, notwithstanding the
issuance of any patent and including rights-of-way running through
said land.
(2)
All dependent Mille Lacs Band of Chippewa communities within the
state of Minnesota.
(3)
All Mille Lacs Band of Chippewa Indians allotments, whether within
or without the boundaries of member Bands, the Indian titles to
which have not been extinguished, including rights-of-way running
through the same.
(b)
Jurisdiction shall extend over all persons or corporations whether
Indian or non-Indian.
Historical
and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 3.
Band Statute 1163-MLC-21, § 3.
Cross
References
Jurisdiction,
Court of Central Jurisdiction, see 5
MLBSA § 111 et seq.
§ 105. Enforcement
This Ordinance
shall be enforced by Reservation Conservation Officers or any other
duly appointed officers of the Mille Lacs Band of Chippewa Indians or
its member Bands or any other persons as provided by the Ordinance of
the Mille Lacs Band of Chippewa Indians or its member Bands.
Historical
and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 4.
Band Statute 1163-MLC-24, T. II, § 4.
Cross
References
Law enforcement
and natural resources officers, powers, environmental protection, see
11 MLBSA § 13.
§ 106. Violations and penalties
Any violation of this subchapter shall be considered a civil offense
subject to the following penalties:
(a)
Pay the cost of any necessary cleanup, restoration or reclamation
caused by the violation, as ordered by the Court of Central Jurisdiction,
or by any administrative body with jurisdiction
(b)
Pay any actual damages for injury to property, life or resources of
any person, corporation, or public body or governmental agency.
(c)
Pay as punitive damages a penalty of up to five hundred dollars per
day for each day of continuing violation.
Historical
and Statutory Notes
Source:Band
Statute 1091-MLC-24, § 5.
Band Statute 1163-MLC-21, T.II, § 5.
Cross
References
Civil penalties, environmental protection, see 11 MLBSA
§ 15.
Criminal penalties, environmental protection, see 11 MLBSA
§ 14.
§ 107. Injunctions
All violations of this subchapter may be enjoined by order of any court
with jurisdiction to prevent continuing violations. Any violation of
said order shall be in addition to said above penalties and subject
to punishment for contempt of court. Punishment for said contempt shall
be at the discretion of the court, subject only to those limitations
prescribed by law.
Historical
and Statutory Notes
Source: Band Statute 1091-MLC-24, § 5.04.
Band Statute 1163-MLC-21, T. II, § 5.04.
Cross
References
Actions for declaratory or equitable relief, environmental protection,
see 11 MLBSA § 18 et seq.
§ 108. Notice of violation
The Mille Lacs Band of Chippewa Indians or its member Bands through
their duly appointed officers shall give a written notice to any violators
of this subchapter. Said notice shall be served upon any violator by
giving a copy of said notice to the violator if he/she can be located
within the jurisdiction of the Mille Lacs Band of Chippewa Indians or
its member Bands. Service of said notice may be given to serving a copy
to said violator or leaving the notice at the residence or place of
business of said violator, with any adult and who resides in the residence
or is employed at the business of the violator. In the event the person
or business causing the violation is not within the jurisdiction of
the Mille Lacs Band of Chippewa Indians or its member Bands, then a
notice may be posted on the land where offense is occurring. It shall
be posted in a conspicuous place. A copy shall also be mailed to the
last known residence or business address of the violator. Said notice
shall specify the nature of the violation, the location of the violation,
and the section of this subchapter being violated. It shall set a date
for a hearing before the court or administrative body as established
by Band law. Said hearing shall be no sooner than five days after service
of said notice. In the event that no actual service can be made on a.
violator because he cannot be found, does not have a residence or place
of business within the jurisdiction of the Mille Lacs Band of Chippewa
Indians, then said notice of violation shall be published twice during
two consecutive weeks in a newspaper in the county where said violation
occurred. An affidavit of said publication shall be filed with the appropriate
court or administrative body and shall constitute proof of service of
said notice.
Historical
and Statutory Notes
Source: Band Statute 1091-MLC-24, § 6.
Band Statute 1163-MLC-21, T.II, § 6.
§ 109. Default
In the event a defendant fails to appear before the court or appropriate
administrative body on the date set for a preliminary appearance, the
court or administrative body may declare the defendant to be in default
and award any appropriate relief to the complainant as provided by this
subchapter.
Historical
and Statutory Notes
Source:Band
Statute 1091-MLC-24, § 6.01.
Band Statute 1163-MLC-21, T.II, § 6.01.
§ 110. Setting hearing date
In the event a defendant does appear on the date set in the notice of
violation, the court or administrative body hearing said matter shall
set a date as soon as practicable for a full evidentiary hearing on
the violation if the defendant denies the violation or responsibility
for the violation.
Historical
and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 6.02.
Band Statute 1163-MLC-21, T.II § 6.02.
§ 111. Sewage disposal system permits
(a)
Permits shall be required for all of the following activities and
application for said permits shall be on forms supplied by the Mille
Lacs Band of Chippewa Indians:
(1)
Construction of septic systems and drainfields, and any other type
of individual or multifamily sewage disposal system, whether the
construction is for a new system or for the up-grading of an old
system.
(2)
Municipal, community, and village sewage treatment plant, and any
other sewage disposal system.
(b)
Approval for said permits shall be obtained from the Public Works
Commissioner on the reservation where said activity will occur.
(c)
Fees for said permits shall be the sum specified by the Band Ordinance
and so stated on the appropriate application form.
Historical
and Statutory Notes
Source: Band Statute 1091-MLC-24, § 7.
Band Statute 1163-MLC-21, T.II, § 7.
§ 112. Permits generally
Permits shall be required for all of the following activities and application
for said permits shall be on forms supplied by the Mille Lacs Band of
Chippewa Indians. Approval for said permits must be obtained from the
Department of Natural Resources on the reservation where said activity
will occur. Fees for said permits shall be the sum specified by the
Ordinance and so stated on the appropriate application form.
(a)
Any and all excavation, mining, road building, draining, dredging,
filling, and any other earth removal or disposition projects with
the exception of excavation necessary for single family housing units.
(b)
Any and all insecticide, herbicide, fungicide, algacide, and any other
pesticide use, no matter the application procedure, with the exception
for household use of pesticides for public health measures
(c)
Any and all industrial and commercial point source discharges into
the Mille Lacs Band of Chippewa Indians waters.
(d)
Any and all commercial and private non-point source discharges into
the Mille Lacs Band of Chippewa Indians waters.
(e)
Any and all commercial and private air emissions relating to the production
of goods, products or materials.
(f)
Any and all forestry clearcutting activities and cutting of timber
by any method where the tract to be logged is adjacent to any lake,
stream, pond or road.
(g)
Any and all developments and improvements of parks, landings, beaches,
harbors and canals and other related facilities, whether public or
private.
Historical
and Statutory Notes
Source: Band Statute 1091-MLC-24, § 8.
Band Statute 1163-MLC-21, T.II, § 8.
Cross
References
Herbicides, use on noxious weeds, see Nat. Res. Comm. Order 133-90.
§ 113 . Environmental Assessments and Impact Statements
The issuance of any and all permits will be preceded by an Environmental
Assessment Worksheet. These assessments shall be completed by the MLBC
Research Laboratory, based upon work plans submitted by the permittee
and site inspection, laboratory analysis and any other pertinent data.
If in the findings of the assessment, an Environmental Impact Statement
is proposed, then a public hearing to determine the necessity of the
Environmental Impact Statement will be conducted. If an Environmental
Impact Statement is requested by the Mille Lacs Band of Chippewa Indians
Environmental Board, the MLBC Research Laboratory will produce and present,
within ninety days of the date of request, and at the permittee's expense,
an EIS for public hearing before said Mille Lacs Band of Chippewa Indians
Environmental Board. The decision of the Mille Lacs Band of Chippewa
Indians Environmental Board for issuance or non-issuance of the permit
based on the findings of the EIS shall be final.
Historical
and Statutory Notes
Source: Band Statute 1091-MLC-24, § 9.
Band Statute 1163-MLC-21, T.II, § 9.
§ 114. Format for the Environmental Impact Statement
The components of all Environmental Impact Statements shall be as follows:
(a)
environmental impacts, both beneficial and degrading,
(b)
social impacts, both beneficial and degrading, and
(c)
economic impacts, both beneficial and degrading.
Historical
and Statutory Notes
Source: Band Statute 1091-MLC-24, § 10.
Band Statute 1163-MLC-21, T.II, § 10.
§ 115. Variances
Any and all requests for a variance from the provisions of this subchapter
shall be presented before, and subject to the approval of the appropriate
Mille Lacs Band Assembly in the manner they shall prescribe. The decision
of the Mille Lacs Band Assembly shall be final.
Historical
and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 11.
Band Statute 1163-MLC-21, T.II, § 11.
§ 116. Water-Policy and goals
The waters of the Mille Lacs Band of Chippewa Indians will be protected
from degradation. The quality of the water will be maintained or improved
to guarantee the treaty rights of the members of the Mille Lacs Band
of Chippewa Indians.
Historical
and Statutory Notes
Source: Band Statute 1091-MLC-24, § 12.
Band Statute 1163-MLC-21, T.II, § 12.
Cross
References
Injection
wells, see Nat. Res. Comm. Order 107-89.
§ 117. Water-Definitions
(a)
"Ambient" means that concentration which exists without point source
pollution as established by MLBC Research Lab.
(b)
"LC50" means the concentration of toxicant that is lethal
(fatal) to 50 percent (50%) of the sensitive resident species organisms
tested under the test conditions in a specific time.
(c)
"Toxicant, Toxic Substance" means those pollutants or combination
of pollutants, including disease-causing agents, which after discharge
and upon exposure, ingestion, inhalation, or assimilation into any
organism, either directly from the environment or indirectly by ingestion
through food chains, will, on the basis of information available to
the MLBC, cause death, disease, behavioral abnormalities, cancer,
genetic mutations, physiological malfunctions, including malfunctions
in reproduction, or physical deformation, in such organism or its
offspring.
Historical
and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.II, §§ 13.01 to 13.03.
Band Statute 1091-MLC-24, §§ 13.01 to 13.03.
§ 118. Water-Standards
(a) All standards will be interpreted to mean a maximum allowable limit
unless otherwise stated.
| Constituent |
Concentration
or Limits |
| Alkalinity |
20
mg/l or more as CaCO3 for fresh water aquatic life except
where natural concentration are less |
| Ammonia |
.02
mg/l as (un-ionized ammonia) for fresh water aquatic life |
| Arsenic |
50
ug/l for domestic water supply |
| Barium |
1
mg/l for domestic water supply |
| Beryllium |
11
ug/l for the protection of aquatic life in soft fresh water 1,100
ug/l for the protection of aquatic life in hard fresh water |
| Boron |
750
ug/l |
| Cadmium |
10
ug/l for domestic water supply
Aquatic
Life
| Soft
Water |
Hard
Water |
| 0.4
ug/l |
1.2
ug/l |
|
| Chlorine |
2.0
ug/l for salmonid fish 10 ug/l for other fresh water fish |
| Chromium |
50
ug/l for domestic water supply 100 ug/l for fresh water aquatic
life |
| Fecal
Coliform Bacteria |
200
colonies/100 ml. |
| Color
|
75
color units on platinum-cobalt scale for domestic water supplies |
| Copper |
1
mg/l for domestic water supply 0. 1 X 96 hours LC50 for
fresh water aquatic life |
| Cyanide |
5.0
ug/l for fresh water aquatic life |
| Gases,
total dissolved |
110%
of saturation at existing atmosphere and hydrostatic pressures |
| Iron |
0.3
mg/l for domestic water supply 1.0 mg/l for fresh water aquatic
life |
| Lead |
50
ug/l for domestic water supply 0. 1 X 96 hour LC50 for
fresh water aquatic life |
| Manganese |
50
ug/l for domestic water supply and fresh water aquatic life |
| Mercury |
2.0
ug/l for domestic water supply .05 ug/l for fresh Water aquatic
life |
| Nickel
|
.01
X 96 hour LC50 for fresh water aquatic life |
| Nitrate,
Nitrite |
10
mg/l nitrate nitrogen for domestic water supply, not to exceed ambient
N02-N03 for all water systems, as established
by MLBC Research Lab |
| Oil
& Grease |
Domestic
water supplies virtually free from oil and grease .01 X 96 hour
LC50 for fresh water aquatic life |
| Dissolved
Solids & Salinity |
250
mg/l for chlorides and sulfates in domestic water supply
| Natural
Salinity % |
%
Variation Permitted |
| 0
to 3.5 |
1 |
| 3.5
to 13.5 |
2
|
| 13.5
to 35 |
4
|
|
|
Settleable
& Suspended Solids & Turbidity
|
Fresh
water fish and other aquatic life; settleable and suspended solids
should not reduce the depth of the compensation point for photosynthetic
activity |
| Sulfide |
2
ug/l undissociated H2S for fresh water aquatic life |
| Sulfate |
Not
to exceed ambient SO4 for all waters, as established
by MLBC Research Lab |
| Temperature |
No
thermal pollution shall be discharged into any waters on the reservations |
| Dissolved
O2 |
5.0
mg/l minimum for fresh water aquatic life |
| Pesticides
|
No
measurable amounts of any pesticide or any other toxicant will occur
in any surface or groundwater |
| pH |
5-9
for domestic water supply 5.5-9.0 for fresh water aquatic life |
| Phenol |
1
ug/l for all waters |
| Phosphorus |
Not
to exceed ambient total phosphorus for all water systems as established
by MLBC Research Lab |
| Polychlorinate
Biphenyls (PCB) |
.001
ug/l for all waters |
| Phthalate
esters |
.1
ug/l for fresh water aquatic life |
| Selenium
|
10
ug/l for domestic water supply .01 X 96 hour LC50 for
fresh water aquatic life |
| Silver |
50
ug/l for domestic water supply .01 X 96 hour LC50 for
fresh water aquatic life |
| Zinc |
5
mb/l for domestic water supply .01 X 96 hour LC50 for
fresh water aquatic life |
(b)
Any and all man made or man induced regulation of water flow on or
through any Reservation of the Mille Lacs Band of Chippewa Indians
shall be subject to the stipulations set forth in this subchapter
for the provision of adequate water quantities for the preservation
and protection of natural resources.
(c)
No littering, refuse or garbage disposal will be permitted in any
waters of the Mille Lacs Band of Chippewa Indians.
Historical
and Statutory Notes
Source:
Band Statute 1091-MLC-24, §§ 13, 14.
Band Statute 1163-MLC-21, T.II, §§ 13, 14.
Cross
References
Litter, see 11 MLBSA § 201 et seq.
Solid waste disposal, see 11 MLBSA § 1001 et
seq.
§ 119. Air-Policy and goals
The air quality within the reservations is affected by many pollutants
and chemicals, which may travel through the atmosphere from distant
sources. These chemicals and pollutants are deposited on reservation
lands and waters, the result being a direct threat to the natural resources
of the reservation. Pursuant to Class I-Air Quality.
Historical
and Statutory Notes
Source: Band Statute 1091-MLC-24, § 15.
Band Statute 1163-MLC-21, T. II, § 15.
§ 120. Air-Definitions
"BACT,
best available control technology" means that method of limiting emissions
to the minimum amount possible.
Historical
and Statutory Notes
Source: Band Statute 1091-MLC-24, § 16.
Band Statute 1163-MLC-21, T.II, § 16.
§ 121. Air-Standards
These standards will be those as set forth by 42 USC Section 7474 and
the Clean Air Act. (42 U.S.C.A. § 7401 et seq.)
Historical
and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 17.
Band Statute 1163-MLC-21, T.II, § 17.
§ 122. Soils-Policy and goals
The soils within the jurisdiction of the Mille Lacs Band of Chippewa
Indians are an integral part of the total natural resource spectrum.
Fish, furbearers, wild rice and other wildlife are directly affected
by the types of, and the maintenance of, vegetative cover upon the soils.
The management of these soils will be within this context. In addition,
alternatives to chemical usage upon the soils shall be considered the
policy of the Mille Lacs Band of Chippewa Indians.
Historical
and Statutory Notes
Source: Band Statute 1091-MLC-24, § 18.
Band Statute 1163-MLC-21, T.II, § 18.
§ 123. Soil-Definitions
"Soil"
means all soils, metals, minerals, gases, liquid, gravels or other elemented
or complexed materials, in any physical state, which lie on or in the
earth's surface to a depth of 15 feet.
Historical
and Statutory Notes
Source: Band Statute 1091-MLC-24, § 19.
Band Statute 1163-MLC-21, T.II, § 19.
§ 124. Soils-Standards
(a)
Natural erosion rectification measures, such as seeding, planting
or otherwise establishing vegetative cover, will be utilized by the
landowner.
(b)
Permits will be required for any project or development other than
farming which involves excavation, soil removal or disposition, and
shall include provisions for the seeding or planting to establish
vegetative cover.
(c)
Agricultural lands shall be protected from wind and water erosion
through the use of sound agricultural principles, including but not
limited to, terracing, tree breaks, grass waterways and maintaining
vegetative cover on tilled lands during the non-growing season.
Historical
and Statutory Notes
Source: Band Statute 1091-MLC-24, § 20.
Band Statute 1163-MLC-21, T.II, § 20.
§ 125. Subsurface resources
Groundwater-refer to 11 MLBSA § 103. All other
subsurface resources will be managed at the discretion of the Mille
Lacs Band of Chippewa Indians-Department of Natural Resources. Management
will include analysis of potential environmental effects for all exploration,
mining, or extractions, which are or may be practiced on the lands under
the jurisdiction of the Mille Lacs Band of Chippewa Indians.
Historical and Statutory Notes
Source: Band Statute 1091-MLC-24, § 21.
Band Statute 1163-MLC-21, T.II, § 21.
§ 126. Forestry-Policy and goals
The forestry resource on the lands under the jurisdiction of the Mille
Lacs Band of Chippewa Indians will be managed to preserve and protect
said lands in a perpetually productive state. This will be done by applying
sound silvicultural practices to the harvesting of the timber, and by
making provision for new forest growth as timber is removed. The guiding
document shall be CFR 25, Part 141, Forestry Manual 53 BIAM, dated June
21 , 1978, and supplements. Any superseding documents pertaining to
forestry management on Indian lands will be subject to the approval
of the governing body of the Mille Lacs Band of Chippewa Indians.
Historical
and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 22.
Band Statute 1163-MLC-21, T.II, § 22.
Cross
References
Firewood harvest, see 11 MLBSA §
2401 et seq.
§ 127. Forestry-Standards
(a)
No clearcutting of timber will be permitted within a 100 foot border
of any lake, pond or river.
(b) No
clearcutting of timber will be permitted within 100 feet of any road.
(c) Permits
for logging will include stipulations for the re-seeding of logged
area and logging equipment trails.
(d) Users
of insecticides, herbicides, or any other chemical or pesticides for
forestry management activities will be required to obtain a permit.
Historical
and Statutory Notes
Source:Band
Statute 1091-MLC-24, § 23.
Band Statute 1163-MLC-21, T. II, § 23.
§ 128. State civil jurisdiction
Any
person, upon a violation of Subchapter I or II of this chapter, may
bring a civil cause of action in the appropriate state court seeking
damages pursuant to the provisions of Title 28, United States Code,
Section 1360; P.L. 83-280 which states:
"Any
tribal ordinance or custom heretofore or hereafter adopted by an Indian
tribe, band or community in the exercise of any authority which it
may possess shall, if not inconsistent with any applicable civil law
of the State, be given full force and effect in the determination
of civil causes of action pursuant to this Section.
Historical
and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 24.
Band Statute 1163-MLC-21, T. II, § 24.
Cross
References
Actions to recover penalties or damages, environmental protection, see
11 MLBSA § 17