APRIL 23, 2024, SPECIAL SESSION

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CROW TRIBAL LEGISLATURE

CROW LEGISLATIVE BILL (CLB) NO. 24-01

INTRODUCED BY FRANK WHITECLAY, CHAIRMAN

CROW EXECUTIVE BRANCH

A CROW LEGISLATIVE BILL TITLED:

"A REVISED TITLE 22 - CROW PUBLIC UTLITIES AND CROW ENVIRONMENTAL

PROTECTION AGENCY AND RESCINDING CLB 02-06 and CLB 04-10."

WH EREAS, the Crow Tribal Executive Branch (hereinafter "Executive Branch") has the

power and responsibility under Article IV, Section 3 of the Crow Tribal Constitution, subject to

any limitations imposed upon such powers by the statutes and laws of the United States, to

represent the Crow Tribe of Indians in negotiation with Federal, State and local governments and

other agencies, corporations, associations, or individuals in matters of welfare, education,

recreation, social services and economic development affecting the Crow Tribe; and

WHEREAS, the Crow Tribal Legislature (hereinafter "Legislature") has the power and

duty under Article V, Section 2(a) of the Crow Tribal Constitution to promulgate and adopt laws,

resolutions and guidelines in accordance with the Constitution and federal laws for the

governance of the Crow Tribe; and

WHEREAS, the Executive Branch has the general duty under Article IV, Section 4 of

the Crow Tribal Constitution to implement all laws, resolutions and policies duly adopted by

Legislature; and

WHEREAS, the Crow Tribal Legislature enacted, and the Chairman approved the

current comprehensive Title 22 Apsaalooke Water and Waste Water Authority under CLB 04010 in 2004; and

WHEREAS, the Crow Tribe finds it necessary to update and amend Title 22 to clarify

procedures, and expansion of the powers and duties of the Tribe to ensure safe and sanitary

water, and address environmental protection standards, public health and safety protection, fire

and accident protection, and adequate public services and facilities.

NOW THEREFORE, BE IT RESOLVED BY THE CROW TRIBAL

LEGISLATURE AND THE CROW TRIBAL EXECUTIVE BRANCH:

Section 1. This bill shall amend Title 22 of the Crow Tribe Law and Order Code and

replace it with the Code attached hereto.

Section 2. CLB 04-10 (adopted 2004) and CLB 02-06 (adopted March 5, 2002) are

hereby rescinded.

April 23, 2024 SPECIAL SESSION

CLB Amending Title 22

Page 1 of 2

Section 3. These amendments shall become effective immediately upon enac nrent by the

Crow Tribal Legislative Branch and approval of the Chairman of the Executive Branch.

Section 4. The Amendments shall be codified in the Crow Law and Order Code Title 22.

The Secretary of the Legislative Branch is authorized to change the numerical structure of this

Title 22, if necessary to comply with the required organizational structure identified in Title 1 of

the Crow Law and Order Code.

CERTIFICATION

I hereby certify that this Crow Legislative Bill "A REVISED TITLE 22 - CROW PUBLIC

U ILI 'IES AND CROW ENVIRONMENTAL PROTECTION AGENCY AND

RESCINDING CLB 0206 and CLB 041099 was duly approved by the Crow Tribal Legislature

pursuant to Article V, Section 2(d) of the Constitution and Bylaws of the Crow Tribe with a vote

of 16 in favor, 0 opposed, and 0 abstained and that a quorum was present on this 23rd day of

April, 2024.

n Spotted, Sr.,

Sen. D

Speaker of the House

Crow Tribal Legislature

ATTEST:

Sen. Charla akes Enemy,

Secretary of the House,

Crow Tribal Legislature

EXECUTIVE ACTION

I hereby

Approve

Veto

This Crow Legislative Bill "A REVISED TITLE 22 - CROW PUBLIC U ILITIES AND

CROW ENVIRONMENTAL PROTECTION AGENCY AND RESCINDING CLB 02-06

and CLB 0440" pursuant to the authority vested in the Chairman of the Crow Tribe by Article

day

V, Section 8 and of the Constitution and Bylaws of the Crow Tribe of Indians on this

of April, 2024.

Frank White Clay, Chairman

Executive Branch Crow Tribe of Indians

April 23, 2024 SPECIAL SESSION

CLB Amending Title 22

Page 2 of 2

A REVISED TITLE 22 - CROW PUBLIC UTLITIES AND CROW ENVIRONMENTAL PROTECTION AGENCY

AND RESCINDING CLB 02-06 and CLB 04-10

Bill or Resolution:

CLB 24-01

Introduced by:

REPRESENTATIVE:

Yes

V. Pickett

C.Other Medicine

J. Passes

Chairman White Clay

Date of Vote Apr. 23, 2024

Abstain

Tabled

Veto-Override

L. Hogan HI

C. Meeks

D. Don't Mix

G. Plenty Hawk

T. Gros Ventre

P. Alden, Jr

T. Plainfeather

J. Kills Pretty Enemy

J. Demontiney

B. Hugs

N. Old Crow, Jr

B. Good Luck

H. MaleBear-Stone

D. Spotted

Speaker of the House

C. Takes Enemy

Secretary of the House

TOTAL

Result of Vote:

Passed

Senator D. potted, Sr.

Speaker of the House

Crow Tribal Legislative Branch

Not Passed

Date

Senator C. TakesEnemy

Secretary of the House

Crow Tribal Legislative Branch

-a3—r9ct

Date

TITLE 22

CROW PUBLIC UTILITIES AND

CROW ENVIRONMENTAL PROTECTION AGENCY

Pursuant to the authority vested in the Legislative Branch of the Crow Tribe by and through its

organic document, the Constitution and Bylaws dated July 14, 2001, and particularly Article V

Section 2 (a) and (c) and its authority to provide for the health, safety, morals and welfare of the

Tribe, the Legislative Branch of the Crow Tribe hereby establishes a public body to be known as

the Crow Public Utilities (hereinafter "CPU" or "Utility"), and enacts this Ordinance which shall

establish the purposes, powers and duties of the CPU.

Pursuant to the authority vested in the Legislative Branch of the Crow Tribe by and through its

organic document, the Constitution and Bylaws dated July 14, 2001, and particularly Article V

Section 2 (a) and (c) and its authority to provide for the health, safety, morals and welfare of the

Tribe, the Legislative Branch of the Crow Tribe hereby establishes a regulatory agency of the Crow

Tribal Executive Branch to be known as the Crow Environmental Protection Agency (hereinafter

"CEPA"), and enacts this Ordinance which shall establish the purposes, powers and duties of the

CEPA.

In any suit, action or proceeding involving the validity or enforcement of or relating to any of its

contracts, the CPU and CEPA shall be conclusively deemed to have become established and

authorized to transact business and exercise its powers upon proof of the adoption of this

Ordinance by the Legislative Branch of the Crow Tribe and approval by the Chairman of the Crow

Tribe. A true, accurate and complete copy of this Ordinance duly certified by the Secretary of the

Crow Tribal Executive Branch shall be admissible in evidence in any suit, action or proceeding.

ARTICLE I

DECLARATION OF NEED

It is hereby declared:

That there exists in the towns and communities within the exterior boundaries of the Crow

Reservation inadequate drinking water, wastewater and solid waste facilities that directly

impact the availability of safe, decent and sanitary water;

That these conditions cause an increase in and spread of disease (and crime) and constitute a

menace to health, safety, the environment and welfare; and that these conditions necessitate

excessive and disproportionate expenditures of public funds for noncompliance with Tribal

and Federal environmental protection standards, public health and safety protection, fire and

accident prevention and other public services and facilities;

That the Tribe seeks to protect the air, water, and land from solid and hazardous waste

pollution and to target, curtail, and control pollutions within its territory, including solid and

hazardous waste dumping and unauthorized open burning;

That the Tribe has inherent sovereign power to manage and regulate the storage, collection,

transportation, handling, treatment, and disposal of solid and hazardous waste within the Crow

Reservation;

That the Tribe seeks to hold any person who has generated or received any solid or hazardous

waste responsible for the proper storage, removal, transport, and disposal of such waste at a

transfer station or other approved site and to create a solid waste management program,

including oversight, inspection, and enforcement authorities;

That the inadequacy and shortage of these sanitary facilities cannot be relieved through the

operation of private enterprise;

That the providing of safe, decent and sanitary drinking water, wastewater, and solid waste

handling facilities and accommodations to persons who dwell and reside within the exterior

boundaries of the Crow Reservation are for public uses and purposes for which money may

be spent, private property acquired, and are governmental functions of tribal concern; and

That the necessity in the public interest for the provisions hereinafter enacted are hereby

declared as a matter of legislative determination.

ARTICLE It

PURPOSES OF THE CPU AND THE CEPA

The CPU shall be organized and operated for the purposes of:

Preserving and restoring the environmental, economic, and public health qualities of the air,

water and land within the Crow Reservation;

To serve as the Crow Tribe Public Utility to continuously providing safe and reliable drinking

water, wastewater and solid waste services, including oversight and management of Public

Utility programs, including the collection of fees set for the provision of Public Utility

services;

Remedying unsafe and unsanitary water, wastewater, and solid waste handling facilities

within the Crow Reservation that are inadequate and either injurious to the public health,

safety and the environment or potentially injurious to the public health, safety and the

environment of these communities; and

Providing employment opportunities through the construction, reconstruction, improvement,

extension, alteration or repair and operation of these drinking water, wastewater, and solid

waste handling facilities.

The CEPA shall be organized and operated for the purposes of:

Protecting the air, water, and land from pollution and targeting, curtailing, and controlling

pollutions within its territory, including solid and hazardous waste dumping, unauthorized

open burning, and unauthorized use of sewers and other services provided by the CPU.

Providing an enforcement agency with authority to oversee all solid waste and wastewater

handling activities, to conduct inspections and request information relating to such activities,

to require and conduct investigations at and releases from solid waste handling sites, sewers

and other locations where services are provided by the CPU, and to take actions to enforce

against and enjoin violations of this Ordinance including regulations issued hereunder.

Providing an enforcement agency with authority to oversee all Hazardous Waste handling

activities, to conduct inspections and request information relating to hazardous waste handling

activities, to require and conduct investigations related to hazardous waste handling sites, and

to take actions to enforce against and enjoin violations of this Ordinance and regulations

promulgated hereunder.

Oversee cleanup of contaminated sites to ensure compliance with all applicable law including

this Ordinance and regulations promulgated hereunder and restoration of Crow Tribal air,

water and land damaged by illegal pollution.

ARTICLE III

DEFINITIONS

The following terms, wherever used or referred to in this Ordinance, shall have the following

respective meaning, unless a different meaning clearly appears from the context:

"Area of Operation" - means all the area within the territorial jurisdiction of the Tribe.

"Black Water" means wastewater from toilet water, the washing of material that includes diaper

excrement (but not the diaper itself).

"Board" or "Utility Board" means the Board of Directors of the CPU.

"Bulky Waste" - means large items of Solid Waste such as household appliances, furniture, large

auto parts, trees, branches, stumps, and other oversize wastes whose large size precludes or

complicates their handling by normal solid wastes collection, processing, or disposal methods.

"CEPA" means the Crow Environmental Protection Agency.

"CPU" means the Crow Public Utilities.

"Director" means the CPU Director.

"Dispose" or "discard" means the discharge, abandonment, deposit, injection, dumping, spilling,

leaking, or placing of any Solid Waste or Hazardous Waste into or on any soil, air, water, or

determined Tribal natural resource whether intentional or otherwise.

"Executive" means the Crow Tribal Executive Branch.

"Federal government" means the United States of America, including the Indian Health Service,

the Environmental Protection Agency, the Bureau of Indian Affairs, or any other agency or

instrumentality, corporate or otherwise, of the United States of America.

"Grey Water" means wastewater from clothes-washing, showers, bathtubs, hand-washing sinks,

kitchen sinks, and other drains.

"Hazardous Waste" means a hazardous waste as defined in 40 CFR § 261.3 as established by the

United States Environmental Protection Agency. Hazardous Waste is a subset of Solid Waste, as

defined below in this Article III.

"Household Waste" means any material (including garbage, trash and sanitary wastes in septic

tanks) derived from households (including single and multiple residences, hotels and motels,

bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation

areas).

"Household Hazardous Waste" means Solid Waste discarded by households, such as paints,

cleaners, oils, batteries, and pesticides, which require special care when handling them.

"Illegal Dumping" means the dumping of Solid Waste, Hazardous Waste, Bulky Waste, White

Goods, or other waste onto or into the ground or into water outside of a permitted disposal site,

"Legislature" means the Crow Tribal Legislative Branch.

"Littering" means improperly disposing of a small amount (less than 2 kilograms) of Solid Waste

that is not also Hazardous Waste, either intentionally or in a careless or negligent manner.

"Nuisance" means any act or condition that occurs as a result of handling, treatment, or disposal

of Solid Waste which, by its nature, character, or location interferes with the reasonable use and

enjoyment of adjacent or nearby properties, or which unreasonably annoys, harms, or endangers

the safety or health of any person.

"Obligation" means any notes, bonds, interim certificates, debentures, or other forms of financial

obligation issued by the CPU pursuant to this Ordinance.

"Obligee" means the holder of an Obligation, agent or trustee for any holder of an Obligation, or

lessor demising to the CPU property used in connection with a project, or any assignee or assignees

of such lessor's interest or any part thereof, and the Federal Government when it is a party to any

contract with the CPU in respect to a wastewater and/or drinking water project or other related

facility.

"Open Burning" means the burning of Solid Waste or other discarded material in such a manner

that combustion air is not effectively controlled, and the combustion products are not vented

through a stack or chimney, including but not limited to open outdoor fires, burn piles, common

burn barrels, backyard incinerators, or burning in any other uncontrolled manner.

"Operator" means the Certified CPU Operator.

"Person" means any natural person, public or private corporation, company, partnership, firm,

association or society of persons, or entity, including governmental entities.

"Pesticide" means any substance or mixture of substances 1) intended for preventing, destroying,

repelling, or mitigating any pest; 2) intended for use as a plant regulator, defoliant, or desiccant;

or 3) that is a nitrogen stabilizer. Pesticides can include insecticides, fungicides, rodenticides,

nematicides, algicides, or selective and non-selective herbicides.

"Public Utility" means the Tribal Organization that provides the basic community needs of safe

and reliable drinking water, wastewater and solid waste services.

"Recycling" means the use, reuse or reclamation of Solid Waste.

"Solid Waste" as defined in 40 CFR Parts 257 and 258 - means any garbage, refuse, sludge from

a waste treatment plant, water supply treatment plant, or air pollution control facility and other

discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from

industrial, commercial, mining, and agricultural operations, and from community activities, but

does not include solid or dissolved materials in domestic sewage, or solid or dissolved material in

irrigation return flows or industrial discharges which are point sources subject to permits under

section 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or source,

special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended

(68 Stat. 923).

"Transfer Station" means any place designated by the Tribe or its officers or departments as the

site where solid or other waste may be presented for consolidation and temporary storage before

transportation to a disposal or recycling facility.

"Tribal Court" means the Crow Tribal Court.

"Tribe" means the Crow Tribe.

"White Goods" means major appliances, including but not limited to, refrigerators, freezers, air

conditioners, stoves, ranges, dishwashers, washers, dryers, microwaves, and trash compactors.

ARTICLE IV

CROW PUBLIC UTILITIES BOARD

The affairs of the CPU shall be managed by a Utility Board to assure that the CPU carries out

its duties with respect to drinking water, as well as wastewater and solid waste handling; the

Utility Board shall also exercise powers pursuant to this Ordinance to adopt, and from time

to time amend, the policies and regulations necessary to conduct the affairs of the CPU, set

rates and to exercise and delegate the powers of the CPU and duties of the Board pursuant to

this Ordinance.

The Utility Board shall be composed of five (5) members (Board Members(s)):

(a)

The Crow Legislative Infrastructure Committee Chairman;

(b) John Doyle;

(c)

James "Jimmy" Real Bird;

(d) Joree LaFrance; and

(e)

The Crow Tribal Health and Human Services (MIS) Cabinet Head.

Members of the Utility Board must meet the following qualifications for appointment:

(a) Be at least twenty-one (21) years of age;

(b) Have at least a high school diploma or its equivalent;

(c)

Have never been convicted of a felony criminal offense in any jurisdiction;

(d) Possess prior business or work experience; and

(e) Be an enrolled member of the Crow Tribe (persons enrolled as descendants are not

eligible).

The initial Utility Board shall serve four (4) year terms; provided that the Crow Legislative

Infrastructure Committee Chairman and Crow Tribal BHS Cabinet Head sit on the Board as

ex officio Board members.

Grounds for removal of a Board Member shall include:

(a)

Conviction of a felony crime when serving on the Utility Board;

(b) Conviction of driving under the influence of alcohol when serving on the Utility

Board; or

contrary to their oath of office.

Each Board Member shall represent the residents of the Crow Reservation at large. No Board

Member shall attempt to control or influence the CPU except through official action of the

Board. No entity, including the Tribe, shall exercise any decision-making authority or

influence over the Board Members.

There is no limitation on the number of terms a Board Member may serve. Board Members

shall remain on the Board until his or her successor is officially appointed by the Utility Board,

or the Member no longer meets the required qualifications. Upon completion of the initial

terms, Board Members may re-apply to serve as a Board Member.

The Utility Board 'shall appoint successor Board members to fill vacancies on the Board,

provided that the appointee meets the requirements of this Article and is approved by a

majority of the Board.

If an appointed Board Member misses three (3) consecutive regular meetings, their position

shall be vacant as a matter of law and the position automatically filled as provided in this

Article, Section 8.

10. A Board Member shall perform their duties as a Board Member in good faith, in a manner the

Board Member believes to be in or not opposed to the best interests of the CPU, and with such

care as an ordinarily prudent person would use under similar circumstances in a like position.

In performing such duties, a Board Member shall be entitled to rely on information, opinions,

reports, or statements, including financial statements and other financial data prepared by the

Board or professionals retained by the Board.

11. A Board Member shall take an oath delivered by the Legislative Speaker of the House, as

follows:

, do solemnly swear that I will administer justice without respect to

Persons and will truly, faithfully, and impartially discharge and perform all the duties

incumbent upon me as a member of the Crow Public Utilities Board according to the best

of my abilities and understanding. So help me God."

12. The Utility Board shall hold quarterly or other meetings for the transaction of business at

times and places it considers necessary and proper. The meetings must be called by a majority

of the Board Members and must be held at the time and place specified in the call for the

meeting. A majority of the Board Members shall constitute a quorum for the transaction of

any business that may come before it.

13. The Utility Board shall appoint a Presiding Office and Secretary from its members.

14. The Utility Board shall keep a record of all the business transacted by it. The presiding officer

and secretary shall sign all orders, minutes, or documents for the Utility Board. The minutes

shall be public.

15. A conflict of interest may exist when a Board Member has a material personal interest in a

proposed transaction involving CPU. When a Board Member has a personal interest in a

matter being considered by the Board, the Board Member shall disclose the conflict before

the Board discusses the matter. The Board Member shall not vote or use their personal

influence on the matter and will not be present when the matter is discussed by the Board.

The minutes of the meeting will reflect that a disclosure was made, and the abstention from

voting. A material personal interest shall be defined as:

(a)

Receipt of a contract/compensation from the organization that is outside the usual

compensation and benefits awarded to all Board Members; or

(b) A family member of the Board Member receiving employment, a contract, or

compensation from CPU.

ARTICLE V

POWERS OF THE CPU

The CPU shall have perpetual succession in its corporate name.

The Legislative Branch hereby gives its consent to allowing the CPU to sue and be sued in

the corporate name of the CPU, upon any contract, claim or Obligation arising out of its

activities under this Ordinance and hereby authorizes the CPU to agree by contract to waive

any immunity from suit which it might otherwise have; but the Tribe shall not be liable for

the debts or Obligations of the CPU. Nothing in this Act shall constitute any waiver

whatsoever of the CPU's or the Crow Tribe's sovereign immunity with respect to money

damages or any extra form of monetary relief.

All property including funds acquired or held by the CPU pursuant to this Ordinance shall be

exempt from levy and sale by virtue or an execution, and no execution or other judicial process

shall issue against the same nor shall any judgment against the CPU be a charge or lien upon

such property. However, the provisions of this section shall not apply to or limit the right of

obligees to pursue any other remedies for the enforcement of any pledge or lien given by the

CPU on its rents, fees or revenues or the right of the Federal government to pursue any

remedies conferred upon it pursuant to the provisions of this Ordinance.

CPU Board shall have the following powers which it may exercise consistent with the

purposes for which it is established:

(a)

To adopt and use a corporate seal.

(b)

To enter into agreements, contracts and understandings with any governmental

agency, Federal, State or local (including the Crow Tribe) or with any person,

partnership, corporation or Indian tribe; and to agree to any conditions attached to

such financial assistance.

(c)

To agree, notwithstanding anything to the contrary contained in this Ordinance or

in any other provision of law, to any conditions attached to Federal financial

assistance relating to the determination of prevailing salaries or wages or payment

of not less than prevailing salaries or wages or compliance with labor standards, in

the development or operation of projects; and the CPU may include in any contract

let in connection with a project stipulations requiring that the contractor or any

subcontractors comply with requirements of minimum salaries or wages and

maximum hours of labor, and comply with any conditions which the Federal

government may have attached to its financial aid to the project.

(d)

To obligate itself in any contract with the Federal government for contributions to

the CPU, to convey to the Federal government possession of or title to the project

to which such contract relates, upon the occurrence of a substantial default with

respect to the covenants or conditions to which the CPU is subject; and such

contract may further provide that in case of such conveyance, the Federal

government may complete, operate, manage, lease, convey or otherwise deal with

the project and funds in accordance with the terms of such contract: Provided, that

the contract requires that, as soon as practicable after the Federal government is

satisfied that all defaults with respect to the project have been cured and that the

project will thereafter be operated in accordance with the terms of the contract, the

Federal government shall reconvey to the CPU the project as then constituted.

(e)

To lease property from the Tribe and others for such periods as authorized by law,

and to hold and manage or to sublease the same;

(f)

To borrow or lend money, to issue temporary or long-term evidence of

indebtedness, and to repay the same. Obligations shall be issued and repaid in

accordance with the provisions of Article VI of this Ordinance;

(g)

To pledge the assets and receipts of the CPU as security for debts; and to acquire,

sell, lease, exchange, transfer or assign personal property or interest therein;

(h)

To purchase land or interests in land or take the same by gift; to lease land or

interests in land to the extent provided by law;

(i)

To undertake and conduct studies and analyses of drinking water, wastewater and

solid waste handling needs, to prepare plans to execute the same, to operate projects

and to provide for the construction, reconstruction, improvement, extension,

alteration or repair of any project or any part thereof;

(j)

To administer and manage the day-to-day management and maintenance of any

Public Utility programs developed for the delivery of drinking water, waste-water

management, and solid waste management, including but not limited to the

collection of fees and costs to program participants, and undertaking actions for

non-payment of fees.

(k)

To purchase insurance from any stock or mutual company for any property or

against any risk or hazards;

(1)

To invest such funds not required for immediate disbursement;

(m) To establish such banks accounts as may be necessary or convenient;

(n)

To employ a Director, Operators, technical and maintenance personnel and such

other officers and employees, permanent or temporary, as the CPU may require;

and to delegate to such officers and employees such powers or duties as the Board

shall deem proper;

(o)

To draft, adopt, and amend, regulations, plans, policies, guidance, and other

drinking water, wastewater, and solid waste program implementation documents

consistent with the authorities granted to the CPU in this Ordinance;

(1))

To prepare and adopt a budget for the CPU;

(q)

To take such further actions as are commonly engaged in by public bodies of this

character as the Board may deem necessary and desirable to effectuate the purposes

of the CPU;

To join or cooperate with any other public agencies operating under the laws or

ordinances of the United States, a state or another tribe in the exercise, either jointly

or otherwise, of any or all of the powers of the CPU and such other public agencies

for the purpose of financing, planning, undertaking, owning, constructing,

operating, or contracting with respect to a water and waste water, solid waste project

or projects of the CPU or such other public water and waste water and solid waste

agency or agencies. For such purpose, the CPU may by resolution prescribe and

authorize any other public water, wastewater and solid waste agency or agencies,

so joining or cooperating with the CPU, to act on the CPU's' behalf with respect to

any or all powers, as the CPU's' agent or otherwise, in the name of the CPU or in

the name of such agency or agencies; and

(s)

To adopt such bylaws as the Board deems necessary and appropriate to ensure the

effective functioning of the CPU.

It is the purpose and intent of this Ordinance to authorize the CPU to do all things necessary

or desirable to secure the financial aid or cooperation of the Federal government in the

undertaking, construction, management, maintenance or operation of any project by the CPU.

ARTICLE VI

OBLIGATIONS OF THE CPU

The CPU shall give biannual summary reports to the Executive Branch and Crow Legislative

Infrastructure Committee, as outlined in Article XI.3.

The CPU may issue Obligations from time to time in its discretion for any of its purposes and

may also issue refunding Obligations for the purpose of paying or retiring Obligations

previously issued by it. The CPU may issue such types of Obligations as it may determine,

including Obligations on which the principal and interest are payable: (a) exclusively from

the income and revenues of the project financed with the proceeds of such Obligations, or

with such income and revenues together with a grant from the Federal government in aid of

such project; (b) exclusively from the income and revenues of certain designated projects

whether or not they were financed in whole or in part with the proceeds of such Obligations;

or (c) from its revenues generally. Any of such Obligations may be additionally secured by a

pledge of any revenues of any project or other property of the CPU.

The CPU shall carry errors, omission and liability insurance at all times for Board Members,

Directors, officers, managers and employees. Neither the Board Members or the Director of

the CPU nor any person executing the Obligations shall be liable personally for the

Obligations by reason of issuance thereof.

The notes and other Obligations of the CPU shall not be a debt of the Tribe and the Obligations

shall so state on their face.

Obligations of the CPU are issued for an essential public and governmental purpose and to be

public instrumentalities and, together with interest thereon and income therefrom, shall be

exempt from taxes imposed by the Tribe. The tax exemption provisions of this Ordinance

shall be considered part of the security for the repayment of Obligations and shall constitute,

by virtue of this Ordinance and without necessity of being restated in the Obligations, a

contract between (a) the CPU and the Tribe, and (b) the holders of Obligations and each of

them, including all transferees of the Obligations from time to time.

Obligations shall be issued and sold in the following manner:

(a)

Obligations of the CPU shall be authorized by a resolution adopted by the vote of

a majority of the full Board and may be issued in one or more series.

(b)

The Obligations shall bear such dates, mature at such times, bear interest at such

rates, be in such denominations, be in such form, either coupon or registered, carry

such conversion or registration privileges, have such rank or priority, be executed

in such manner, be payable in such medium of payment and at such places, and be

subject to such terms of redemption, with or without premium, as such resolution

may provide.

(c)

The Obligations may be sold at public or private sale at not less than par.

(d)

In case any of the directors of the CPU whose signatures appear on any Obligations

cease to be directors before the delivery of such Obligations, the signatures shall,

nevertheless, be valid and sufficient for all purposes, the same as if the

commissioners had remained in office until delivery.

Obligations of the CPU shall be fully negotiable. In any suit, action or proceeding involving

the validity or enforceability of any Obligation of the CPU or the security therefore, any such

Obligation reciting in substance that it has been issued by the CPU to aid in financing a project

pursuant to this Ordinance shall be conclusively deemed to have been issued for such purpose,

and the project for which such Obligation was issued shall be conclusively deemed to have

been planned, located and carried out in accordance with the purposes and provisions of this

Ordinance.

In connection with the issuance of Obligations or incurring of Obligations under leases and

to secure the payment of such Obligations, the CPU, subject to the limitations of this

Ordinance, may:

(a)

Pledge all or any part of its gross rents, fees or revenues to which its right then

exists or may thereafter come into existence.

(b) Provide for the powers and duties of Obligees and limit their liabilities; and provide

the terms and conditions on which such Obligees may enforce any covenant or

rights securing or relating to the Obligations.

(c)

Covenant against pledging all or any part of its rents, fees and revenues or against

mortgaging any or all of its real or personal property to which its title or right then

exists or may thereafter come into existence or permitting or suffering any lien on

such revenues or property.

(d)

Covenant with respect to limitations on its right to sell, lease or otherwise dispose

of any project or any part thereof.

(e)

Covenant as to what other or additional debts or Obligations may be incurred by it.

(f)

Covenant as to the Obligations to be issued and as to the issuance of such

Obligations in escrow or otherwise, and as to the use and disposition of the

proceeds, thereof.

(g) Provide for the replacement of lost, destroyed or mutilated Obligations.

(h) Covenant against extending the time for the payment of its Obligations or interest

thereon.

(i)

Redeem the Obligations and covenant for their redemption and provide the terms

and conditions thereof.

(j)

Covenant concerning the rents and fees to be charged in the operation of a project

or projects, the amount to be raised each year or other period by rents, fees and

other revenues, and as to the use and disposition to be made thereof.

(k)

Create or authorize the creation of special funds for monies held for construction

or operating costs, debt service, reserves and other purposes, and covenant as to the

use and disposition of the monies held in such funds.

(1)

Prescribe the procedure, if any, by which the terms of any contract with holders of

Obligations may be amended or abrogated, the proportion of outstanding

Obligations the holders of which must consent thereto, and the way such consent

may be given.

(m) Covenant as to the use, maintenance and replacement of its real or personal

property, the insurance to be carried thereon and the use and disposition of

insurance monies.

(n)

Covenant as to the rights, liabilities, powers and duties arising upon the breach by

its obligees of any covenant, condition or Obligation.

(o)

Covenant and prescribe as to events of default and terms and conditions upon which

any or all its Obligations become or may be declared due before maturity, and as to

the terms and conditions upon which such declaration and its consequences may be

waived.

(p) Vest in any obligees or any proportion of them the right to enforce the payment of

the Obligations or any covenants securing or relating to the Obligations.

(q) Exercise all or any part or combination of the powers granted in these sections.

(r)

Make covenants other than and in addition to the covenants expressly authorized in

this section, of like or different character.

(s)

Make any covenants and do any acts and things necessary or convenient or

desirable to secure its Obligations, or, at the absolute discretion of the CPU, tending

to make the Obligations more marketable although the covenants, acts or things not

enumerated in this section. All covenants and all acts by or of the CPU shall be at

all times lawful and business-like and be based on sound business judgment as well

as established current accounting/auditing standards and shall follow all applicable

rules and regulations.

ARTICLE VII

SOLID WASTE

This Title shall be applicable to any Person generating, producing, storing, or recycling, treating,

disposing or permitting the storage or disposal of Solid Waste, or any person responsible for open

burning, within the Crow Reservation. Any person who has generated or received any Solid Waste

shall be responsible for the proper storage, removal, transport, treatment, and disposal of such

waste at a transfer station or other approved site.

When Solid Waste is dumped or deposited in violation of this Title, in the event there is no other

evidence available, if there are three (3) or more items in the waste identifying the same person as

the owner or recipient of that item, there shall be a rebuttable presumption that such person is

responsible for the unlawful dumping of the waste.

Any person who by contract, agreement, or otherwise arranges for the recovery, transport,

recycling, treatment, storage, disposal, or dumping of Solid Waste is responsible for complying

with the provisions of this Ordinance and regulations promulgated hereunder regarding that waste.

ARTICLE VIII

PROHIBITED ACTS

Open Dumping: The dumping of Solid Waste anywhere other than an operating transfer

station or other approved site within the Tribe's jurisdictional boundaries is prohibited.

Dumping or discarding any type of waste into or near a body of water within the Tribe's

jurisdictional boundaries is prohibited and may carry higher penalties.

Littering: Discarding a small amount (less than two kilograms) of Solid Waste that is not also

Hazardous Waste anywhere other than in a trash receptacle or other appropriate container

within the Tribe's jurisdictional boundaries is prohibited.

It is expressly prohibited for any person to dump, drop, throw, discard, or otherwise dispose

of litter upon any road or on any public or private property. Any person transporting Solid

Waste or other waste shall cover, tie, or otherwise secure the waste so that it will not be blown

or dropped from the transport.

Improper Disposal of Hazardous Waste: Storing, treating, or disposing of Hazardous Waste

anywhere other than an authorized hazardous waste facility within the Crow Reservation is

prohibited. This prohibition does not apply to Household Hazardous Waste that is not a

regulated Hazardous Waste and that may be lawfully disposed of at a solid waste facility.

Improper Disposal of Pesticide Waste: Discarding pesticides anywhere within the Crow

Reservation in any manner that may present a risk of harm to humans, animals, or the

environment is prohibited. Pesticide containers must be drained or emptied according to label

directions and power or triple-rinsed before processing or disposal.

Improper Disposal of Black Water and Grey Water: Disposing of Black Water or Grey

Water anywhere other than designated dump sites within the Crow Reservation is prohibited.

Improper Disposal of Solid Waste into Sewer Systems: Disposing of any Solid Waste other

than Black Water or Grey Water into the Sewer Systems is prohibited.

Open Burning: Open burning within the Crow Reservation without written permission from

the CEPA is prohibited.

Profiting From or Allowing Open Dumping: Knowingly accommodating open dumping on

the Crow Reservation and/or receiving payment for such accommodations is prohibited.

Waste Accumulation: Accumulating Solid Waste or other waste on public or private land in

such a manner as to create a nuisance is prohibited.

ARTICLE IX

RECYCLING

It is the Tribe's goal to reduce the amount of Solid Waste generated by households, businesses, and

tribal government. Whenever possible, the Tribe shall strive to use and to purchase materials and

supplies that are made from recycled materials if the use is practical and cost-effective. The Tribe

shall establish a recycling program.

ARTICLE X

ENFORCEMENT BY CEPA

The Crow Tribe hereby designates the Crow Environmental Protection Agency (CEPA) to be the

administrative and enforcement authority entrusted with the duty and responsibility of ensuring

the proper handling, treatment, and disposal of solid, hazardous, and other waste within the Crow

Reservation and ensuring compliance by all persons with this Ordinance, including regulations

promulgated pursuant to this Ordinance. The CEPA shall be a regulatory agency of the Crow

Tribal Executive Branch, separate from the CPU. The CEPA shall report to the Tribe.

The Tribe may request enforcement by tribal, federal, state, and local agencies of their respective

laws governing open burning and solid and Hazardous Waste handling, treatment, storage, and

disposal.

Enforcement Authority: Tribal enforcement authority under this Title is hereby provided to

the CEPA. The CEPA shall have the following authority:

(a)

To hold regular and special meetings, as necessary;

(b) To adopt regulations, policies, procedures, and fees necessary for enforcement of

this Ordinance;

(c)

To investigate and charge violations of this Ordinance;

(d) To guard against the introduction of hazardous materials and waste;

(e)

To supervise or collaborate with Federal or other government agencies on the cleanup of contaminated sites, including offsite transportation, treatment and disposal of

wastes, contaminated media and debris from such sites;

(f)

To adopt rules and regulations on sanitation and safety which may affect public

health; and

(g) To prohibit or limit the use of places contaminated with hazardous materials.

(h) All regulations, rules, policies, and procedures promulgated, adopted, or amended

by the CEPA under the authority of this Title 22 shall be subject to final approval

by the Legislature through Joint Action Resolution prior to taking effect as tribal

law.

Investigative Authority: When the CEPA has reasonable cause to believe that a violation of

this Ordinance has occurred, the CEPA may:

(a) Enter any premises, dwelling, or housing structure where the CEPA has reasonable

cause to believe that a violation of this Ordinance has been or is being committed;

(b) Investigate and make inspections into alleged violations of this Ordinance;

suspected of a violation;

(d) If denied entry, apply to the Crow Tribal Court for a warrant to enter, investigate,

and inspect any premises; and

(e) Refer to the appropriate prosecutorial authority for criminal prosecution any acts

(including failures to act) that may constitute a criminal violation under federal,

state or tribal law. After consultation with the criminal prosecutor, the CEPA may

initiate civil enforcement to obtain appropriate remedial or other relief pursuant to

paragraphs 3 and 4 below.

Notice of Violation: If, after investigating, the CEPA determines that it has reasonable cause

to believe that a civil violation of this Ordinance has been committed, it shall issue a notice

of civil violation that:

(a)

Specifies the landowner, party, or parties believed to be responsible for the

violation, date of violation, citation to the section of this Ordinance allegedly

violated, and a general statement of the facts supporting a finding that this

Ordinance has been violated;

(b) Notifies the party charged that they must immediately cease and desist the violation;

(c)

Identifies proposed remedial actions if any are appropriate under the circumstances;

(d) Provides the party charged with a hearing date on which an administrative hearings

officer appointed through the CEPA shall consider the notice of violation, which

shall be no earlier than twenty (20) days and no later than forty-five (45) days from

personal delivery or certified mailing of the notice of violation;

(e) Notifies the party charged that they have the right to obtain copies of unprotected

investigative documents and the method of obtaining copies; protected Tribal

documents include, but are not limited to, proprietary financial information and

tribal employee record information;

(f)

Notifies the party charged that they may deliver to the CEPA a written defense to

the notice of violation within fifteen (15) days of the date of service of the notice

violation;

(g)

Notifies the party charged that failure to file a notice of defense shall constitute a

waiver of their right to a hearing and that the administrative hearings officer shall

proceed to issue a notice of decision specifying enforcement actions and fines; and

(h) Notifies the party charged that both it and the CEPA shall have the right to make a

written request for appropriate discovery.

Enforcement Actions: If the administrative hearings officer determines that a violation of

this Ordinance has occurred, they may include any of the following enforcement actions in

the notice of decision:

(a)

A warning explaining what violation(s) of the Ordinance took place;

(b) An order specifying the remedial measures required for compliance with the

Ordinance, which may include clean up or abatement;

(c)

A fine not to exceed $5,000 per day per violation;

(d) An injunction prohibiting further violations of this Ordinance;

(e)

A requirement that notice must be given to the tribal community for violations;

(f)

An order to withhold a deposit previously paid to the Tribe by the violator;

(g) An order to withhold in part or in whole a per capita payment to a tribal member;

(h) An order to tei iinate any tribal contract related to the violation;

(i)

An order to initiate an action in Tribal Court; and

(j)

An order including any other appropriate requirements to mitigate the

environmental or human health threats or harm(s) caused by the violation(s).

Tribal Court: The Tribal Court shall have civil and criminal jurisdiction to enjoin violations

of this Title, to assess penalties and grant such additional relief as it deems necessary or

appropriate to secure compliance with the provisions of this Ordinance or regulations adopted

hereunder.

Any person over whom the Tribal Court can exercise criminal jurisdiction, and who is found

in criminal violation of any provision of this Ordinance or regulations adopted hereunder,

shall upon conviction in Tribal Court, be guilty of a criminal offense. Such person shall be

subject to a fine not to exceed $5,000 per day per violation and may also be subject to

imprisonment for not more than one year.

Appeal: A person may appeal a notice of decision in Crow Tribal Court. If a party has been

ordered to cease and desist a violation, the order shall remain in place until otherwise ordered

by the Crow Tribal Court.

Reports: The CEPA shall provide biannual reports to the Executive Branch and the Crow

Legislative Infrastructure Committee on notices of violation, enforcement actions,

administrative hearings decisions, and appeals.

ARTICLE XI

MISCELLANEOUS

Any provision of this Ordinance or its application to any person in any circumstance that is

declared invalid shall be severed from the Ordinance and the remaining provisions or

applications shall remain in effect and enforceable.

Nothing in this Ordinance shall be construed as a waiver of the sovereign immunity of the

Crow Tribe, its officers, or its businesses. Sovereign immunity is only waived if the Tribe, its

officers, or its businesses specifically and formally waives immunity in full accordance with

the Crow Tribal Constitution.

The Utility Board shall submit biannual reports, signed by the Chairman of the Board to the

Crow Tribal Chairman and the Speaker of the House of the Legislative Branch showing: (a)

a summary of the immediate prior quarter's activities and a summary of the year's to date

activities, (b) the financial condition of the CPU, (c) the condition of the properties, (d) the

kinds, number and facilities maintained (e) any significant problems and accomplishments (f)

plans for the future, and (g) such other information as the CPU or the Chairman or the Speaker

of the House deems pertinent.

During their tenure and for one year thereafter, no commissioner, officer or employee of the

CPU, or any member of any governing body of the Tribe, or any other public official who

exercises any responsibilities or functions with regard to the project, shall voluntarily acquire

any interest, direct or indirect, in any project, or in any contract or proposed contract relating

to any project, unless prior to such acquisitions, they discloses their interest in writing to the

CPU and such disclosure is entered upon the minutes of the CPU, and the commissioner,

officer or employee shall not participate in any action by the CPU relating to the facility or

contract in which they have any such interest. If any commissioner, officer or employee of the

CPU involuntarily acquires any such interest, or voluntarily or involuntarily acquired by such

interest prior to appointment or employment as a commissioner, officer or employee, the

commissioner, officer or employee shall not participate in any action by the CPU relating to

the facility or contract in which they have such interest. Any violations of the foregoing

provisions of this section, or the conflict-of-interest prohibitions contained in Article 4.14,

shall constitute misconduct in office. This section shall not be applicable to the acquisition of

any interest in Obligations of the CPU issued in connection with any project, or to the

execution of agreements by banking institutions for the deposit or handling of funds in

connection with a project or to act as trustee under any trust indenture, or to water and waste

water services the rates for which are fixed or controlled by a governmental agency, or to

membership on the Board as provided in Article IV, foregoing.

Each project developed or operated under a contract providing for Federal financial assistance

shall be developed and operated in compliance with all requirements of such contract and

applicable Federal legislation, and with all regulations and requirements prescribed from time

to time by the Federal government in connection with such assistance.

The property of the CPU and the CEPA is public property used for essential public and

governmental purposes and such property and the CPU and the CEPA are exempt from all

taxes and special assessments of the Tribe.

All property including funds acquired or held by the CPU and the CEPA pursuant to this

Ordinance shall be exempt from levy and sale by virtue of an execution, and no execution or

other judicial process shall issue against the same nor shall any judgment against the CPU or

the CEPA be a charge or lien upon such property. However, the provisions of this section shall

not apply to or limit the right of obligees to pursue any remedies for the enforcement of any

pledge or lien given by the CPU or the CEPA on its rents, fees or revenues or the right of the

Federal government to pursue any remedies conferred upon it pursuant to the provisions of

this ordinance.

ARTICLE XII

COOPERATION IN CONNECTION WITH PROJECTS

For aiding and cooperating in the planning, undertaking, construction or operation of projects,

the Tribe hereby agrees that:

(a)

It will not levy or impose any real or personal property taxes or special assessments

upon the CPU or the CEPA or any project of the CPU or the CEPA.

(b) It will furnish or cause to be furnished to the CPU and CEPA and the househouseholds, governmental agencies or persons served, all services and facilities of

the same character and to the same extent as the Tribe furnishes from time to time.

(c)

It will do all things, within its lawful powers, necessary, convenient to aid and

cooperate in the planning, undertaking, construction or operation of projects.

(d)

The Tribal government hereby declares that the powers of the tribal government

shall be vigorously utilized to enforce collection for nonpayment or other contract

violations including service interruption and action through appropriate courts.

(e)

The Tribal courts shall have jurisdiction to hear and determine an action for

collection from a customer or consumer. The Tribal Government hereby declares

that the powers of the tribal courts shall be vigorously utilized to collect for

nonpayment or other contract violations.

The provisions of this Article shall remain in effect with respect to any project, and said

provisions shall not be abrogated, changed or modified without the consent of the other party

including governmental, private or other so long as (a) the project is owned by a public body

or governmental agency and is used for solid waste, drinking water and waste water services

on the reservation, (b) any contract between the CPU and the other party including

governmental, private or other for loans or methods of funding in connection with any such

project, remains in force and effect, or (c) any Obligations issued in connection with such

project or any monies due to the other party including governmental, private or other in

connection with such project remain unpaid, which period ends the latest. If at any time title

to, or possession of, any project is held by any public body or governmental agency authorized

by law to engage in the development and operation of water, wastewater or other water and

wastewater projects, including the Federal government, the provisions of this section shall

inure to the benefit of and be enforced by such public body or governmental agency.

ARTICLE XIII

JURISDICTION

The Crow Tribe and the Crow Tribal Court are vested with the fullest personal, subject matter, and

territorial jurisdiction permissible under applicable law. This Ordinance shall apply to the conduct

of all persons within the Crow Reservation where the conduct involves the maintenance and

protection of the environment, natural resources, public health, safety, welfare, political integrity,

and economic wellbeing of the Tribe. This Ordinance and any rules and regulations adopted

hereunder, shall apply to:

All persons within the exterior boundaries of the Reservation, including but not limited to all

Crow tribal members, members of other tribes, and non-Indians; and

All places and lands located anywhere within the exterior boundaries of the Crow Reservation,

including all trust and non-trust land, notwithstanding the issuance of any patent, fee,

allotment, right-of-way, lease, or any real property interest of any kind, held by any person.

ARTICLE XIV

APPROVAL BY THE SECRETARY OF INTERIOR OR HIS OR HER DESIGNEE

With respect to any financial assistance contract or contracts between or among the CPU and the

various agencies of the Federal government, the CPU shall obtain the approval of the Secretary of

the Interior or his or her designee if required by law.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.