Subchapter 2 - Environmental Protection Ordinance

§ 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.

§ 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 MLBS § 2001.

§ 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 anybody 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 anybody 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 anybody 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.

• (l) "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 MLBS § 111.

§ 105. Enforcement.

This Title 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 MLBS § 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 MLBS § 15.
Criminal penalties, environmental protection, see 11 MLBS § 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 MLBS § 18.

§ 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, §§ 13.01-13.03.
Band Statute 1091-MLC-24, §§ 13.01-13.03.

§ 118. Water-Standards.

• (a) All standards will be interpreted to mean a maximum allowable limit unless otherwise stated.

• (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 MLBS § 201.
Solid waste disposal, see 11 MLBS § 1001.

§ 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 U.S.C. § 7474 and the Clean Air Act.
(42 U.S.C. § 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. The Band and its members shall make every reasonable effort to use alternatives to harmful chemicals upon the soils. Notwithstanding the previous sentence, herbicides, pesticides, and other chemicals may be used on the soils to the extend determined necessary, subject to approval of the appropriate permit under § 112.

Historical and Statutory Notes

Source:
Band Statute 1091-MLC-24, § 18.
Band Statute 1163-MLC-21, T.II, § 18.
Band Ordinance 55-21.

§ 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 MLBS § 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 MLBS § 2401.

§ 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 1 or 2 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, § 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 MLBS § 17.