JANUARY 2004 CROW TRIBAL LEGISLATURE

JANUARY 2004 CROW TRIBAL LEGISLATURE

CROW LEGISLATIVE BILL NO. CLB04-03

INTRODUCED BY DAN OLD ELK SR., AND LLOYD HOGAN JR.

REPRESENTATIVE FOR THE CENTER LODGE (RENO) DISTRICT,

LEGISLATIVE BRANCH

A BILL FOR AN-ACT ENTITLED “AN ACT TO ADOPT A COMPREHENSIVE

CROW WATER QUALITY PROTECTION CODE FOR AND BY THE CROW TRIBE

OF INDIANS.”

WHEREAS, the Crow Tribe of Indians, based on its aboriginal rights has the authority

as a sovereign nation and based upon the Friendship Treaty of 1825, and Fort Laramie

Treaties of 1851 and 1868, has the power and authority to make its own laws and to be

governed by them; and

WHEREAS, to restore and maintain the chemical, physical, and biological integrity of

the waters of the Crow Indian Reservation to preserve and enhance the Reservation

environment asthe permanent homeland of the people of the Crow Indian Tribe and to

implement the rights reserved by the Tribe and guaranteed to them by the United States

in the 1868 For Laramie Treaty, and

WHEREAS, the Conoco gas pipeline is a prime example in which the area of the

pipeline break spilled into Reservation waters, polluting and killing fish and aquatic life,

and

WHEREAS, the other government agencies in the area are not addressing the complaints

of the people in the around the Crow Reservation of their knowledge of sewage and

pollutants being discharged into Crow Reservation waters; and

WHEREAS, the United States Environmental Protection Agency (EPA) provides

technical and financial assistance to tribe in protecting their environmental qualities; and

WHEREAS, the Crow Indian Tribe will assume primary enforcement authority

(“primacy”) under Environmental Protection Agency Acts ( Clean Water Act, Clean Air

Act, ect...), and receive applicable EPA grants to begin this process, and

WHEREAS, the Crow Tribal Legislature finds it to be in the foremost interest of the

Crow Tribe to adopt and enact the Crow Water Quality Protection Code, to enhance and

protect the Crow Reservation Waters with a code equal to or more stringent than the

federal EPA standards.

NOW THEREFORE, BE IT ENACTED BY THE CROW LEGISLATURE:

THAT, upon approval of this bill, the Crow Water Quality Protection Code attached

hereto and incorporated herein by reference is hereby adopted, and shall become effective

immediately; and

THAT, the Crow Tribe of Indians aboriginal rights, and the Fort Laramie Treaty of 1868,

and the Winters Doctrine gives the Crow Tribe of Indians the Senior Water Rights to all

waters entering and within the exterior boundaries of the reservation and ceded strip shall

be owned in absolute perpetuity for the Crow Tribe of Indians, so as to govern their

minerals and resources to be a self-sustaining nation; and

THAT, the Crow Tribal Budget shall be amended and modified to include a water

‘department for the Crow Tribe of Indians at this dollar amount $_.__._.,; and

THAT, the Executive Branch of the Crow Tribe shall establish a water department within

60 working days, so as to implement and enforce the Crow Water Quality Protection

Code, and this water department be authorized to apply for and receive federal grants;

and

THAT, revenue generated through this water department from fees, permits, fines and

other sources pertaining to the water department shall have at least fifty percent (50%) of

these funds going back into this water department to enhance the program objective of

having pure waters; and

THAT, the Crow Water Department submit bi-annual reports to the Crow Tribal

Legislature, so the Legislature can be appraised of issues facing the Tribe in this area;

and

THAT, the Bureau of Indian Affairs Law enforcement and Bureau of Indian Affairs

Special Officers enforce the Crow Tribal Water Quality Protection Code of infractions

and violations of this code by any person(s) or entities within the exterior boundaries of

the Crow Reservation; and

THAT, the Crow Tribe of Indians will assume absolute primary enforcement authority

(“PRIMACY”) under Environmental Protection Agency Acts ( Clean Water Act, Clean

Air Act, and ect... ), and receive applicable EPA grants to begin this process; and

THAT, the United States Environmental Protection Agency (EPA) provides technical and

financial assistance to Tribes in protecting their environmental qualities, which the Crow

Tribe receive.

CERTIFICATION

I hereby certify that this Bill was duly approved by the Crow Tribal Legislature

with a vote of AS Si in favor, _O _©)_ opposed, and ©) abstained and that a quorum was

present on this lo day of Feoruary “‘\

eet of the House

Crow Tribal e House J

ATTEST:

o= Crow Tribal a

EXECUTIVE ACTION

Thereby approve, veto this Bill pursuant to the authority vested in the

Chairman of the Crow Tribe by Article V,Sgction 8 of the Constitution of TOW

Tribe of Indians, on this 2-day of LL , 2004.

LA.

Carl E7 Venne, Chairman

Crow Tribal Executive Branch

Description of Vote: Poone or en ppave, Water Oia! a “Pvketion Coat

Bill or Resolution Number. CLE CHO introduced wr Hoorn Date of vote: felolo, 20H

Representative

Yes No ; Abstain

Cloud ¥%

D. Goes Ahead x

O. Costa ¥

Crooked Arm x

Iron K

Stewart x

L. Costa x

C. Goes Ahead ¥%

Hogan Xx

Old Elk K

K. Real Bird

Pease

Medicine Horse %

Not Afraid x

P. Real Bird x

Wilson

Stone Y%

Secretary of the House

Plain Feather x

Totals: Speaker of the House \ G 0 O

Results of Vote:

Not Passed Tabled Veto Override

Signature of Officer: ee wees ©) ) on? eae _Date: tebo 16.2004