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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

(c)

@

Sec. 313.

(a)

areas upon which are sited structures, facilities, or other property or
materials on the surface, resulting from or incident to such activities,
operate in accordance with the standards established under Section 311 of
this Code for such effects which result from surface coal mining
operations: Provided, That the Director shall make such modifications in
the requirements imposed by this subparagraph as are necessary to
accommodate the distinct difference between surface and underground
coal mining;

(11) _ to the extent possible using the best technology currently available,
minimize disturbances and adverse impacts of the operation on fish,
wildlife, and related environmental values, and achieve enhancement of
such resources where practicable; and

(12) locate openings for all new drift mines working acid-producing or ironproducing coal seams in such a manner as to prevent a gravity discharge
of water from the mine.

In order to protect the stability of the land, the CCRO shall suspend underground
coal mining under urbanized areas, cities, towns, and communities and adjacent to
industrial or commercial buildings, major impoundments, or permanent streams if
imminent danger to inhabitants of the urbanized areas, cities, towns, and
communities are found.

The provisions of this Code relating to Crow Tribal and Federal programs,
permits, bonds, inspections and enforcement, public review, and administrative
and judicial review shall be applicable to surface operations and surface impacts
incident to an underground coal mine with such modifications to the permit
application requirements, permit approval or denial procedures, and bond
requirements as are necessary to accommodate the distinct difference between
surface and underground coal mining. The Director of the CCRO shall
promulgate such modifications in accordance with the rulemaking procedure
established in Section 311 of this Code.

Annual Mining and Reclamation Report

A permittee shall file with the CCRO a report on each mining operation
conducted during the calendar year. The report must be filed on or before March
thirty-first of each year in which the mining operation is conducted, unless
otherwise approved by the CCRO. The annual report must be on a form provided
by the CCRO which must, in addition to any other permit requirements or data
required by the CCRO, include:

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(b)

(c)

(1)

(2)

(6)

the permit number or numbers and the name and address of the permittee,
landowner, and of the person or entity conducting the mining operation,
and, if any of these are corporations, limited liability companies, or other
business entities, the names and addresses of their principal officers or
managers, and resident agent for service of process;

a report in such detail as the CCRO shall require, supplemented with
maps, cross sections, or other material indicating the extent to which
mining operations have been carried out, the progress of all reclamation
work, including the type of planting or seeding, mixture and amount of
seed, date of planting or seeding, and area of land planted, the extent to
which permit requirements have been met and the extent to which
expectations and predictions made in the original application have been
fulfilled and any deviation therefrom, and the number and location of
acres affected by year; maps must be of sufficient detail to show the
boundaries of the affected land, topographic detail, the location and names
of all streams, roads, railroads, and utility lines and pipes on or
immediately adjacent to the affected land, and the location of access roads;

a revised schedule or timetable of operations and reclamation and an
estimate of the number and location of acres to be affected during the next
1-year period;

the cubic yardage of mineral mined and overburden disturbed by the
mining operation for the calendar year covered by the report;

an estimate of the cubic yardage of mineral to be mined and overburden to
be disturbed by the coal mining operation during the calendar year next 1-
year period; and

the date of completion or abandonment of all or part of the mining
operation, if completed or abandoned.

Upon receipt of the annual report, the CCRO may make further inquiry and
request further information and, if it does so, shall allow a reasonable opportunity
for the operator to respond.

When problem situations are revealed by review of new information or as a result
of field inspections, the CCRO may order such changes in the mining and
reclamation plans as are necessary to insure compliance with this part.

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Sec. 314.

(a)

(b)

(c)

Inspections and Monitoring

The CCRO shall cause to be made such inspections of any coal mining and
reclamation operations as are necessary to evaluate the administration of approved
Tribal programs, or to develop of enforce any CCRO program, and for such
purposes authorized representatives of the Director of the CCRO shall have a
right of entry to, upon, or through any coal mining and reclamation operations.

The monitoring data collection and analysis required by this section shall be
conducted according to standards and procedures set forth by the CCRO in order
to assure their reliability and validity.

For the purpose of developing or assisting in the development, administration, and
enforcement of any approved Tribal or Federal program under this Code or in the
administration and enforcement of any permit under this Code, or of determining
whether any person is in violation of any requirement of any such Tribal or
Federal program or any other requirement in this Code:

(1) the CCRO shall require any permittee to:
(A) _ establish and maintain appropriate records;
(B) make monthly reports to the CCRO;

(C) _ install, use, and maintain any necessary monitoring equipment or
methods;

(D) evaluate results in accordance with such methods, at such
locations, intervals, and in such manner as the CCRO shall
prescribe; and

(E) provide such other information relative to coal mining and
reclamation operations as the CCRO deems reasonable and
necessary;

(2) for those coal mining and reclamation operations which remove or disturb
strata that serve as aquifers which significantly insure the hydrologic
balance of water use either on or off the mining site, the CCRO shall
specify those:

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(e)

(A) monitoring sites to record the quantity and quality of surface
drainage above and below the minesite as well as the potential
zone of influence;

(B) monitoring sites to record level, amount, and samples of ground
water and aquifers potentially affected by the mining and also
directly below the lowermost (deepest) coal seam to be mined;

(C) _ records of well logs and borehole data to be maintained; and
(D) monitoring sites to record precipitation;

the authorized representatives of the CCRO, without advance notice and
upon presentation of appropriate credentials:

(A) | shall have the right of entry to, upon, or through any coal mining
and reclamation operations or any premises in which any records
required to be maintained under paragraph (1) of this subsection
are located; and

(B) may at reasonable times, and without delay, have access to any
copy any records, inspect any monitoring equipment or method of
operation under this Code.

The inspections by the CCRO shall:

()

occur on an irregular basis averaging not less than one partial inspection
per month and one complete inspection per calendar quarter for the coal
mining and reclamation operation covered by each permit;

occur without prior notice to the permittee or his agents or employees
except for necessary on-site meetings with the permittee or his agents; and

include the filing of inspection reports adequate to enforce the
requirements of this Code and to carry out the terms and purposes of this
Code.

Each permittee shall conspicuously maintain at the entrances to the coal mining
and reclamation operations a clearly visible sign which sets forth the name,
business address, and telephone number of the permittee and the permit number
of the coal mining and reclamation operations

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(6)

g)

(h)

Seo. 315.

(a)

Each inspector, upon detection of each violation of any requirement of this Code,
shall forthwith inform the operator in writing, and shall promptly report in writing
any such violation to the CCRO.

Copies of any records, reports, inspection materials, or information obtained
under this Title by the CCRO shall be made immediately available to the public at
central and sufficient locations, within the Crow Indian Reservation, so that they
are conveniently available to residents in the areas of mining.

(1) Any person who is or may be adversely affected by a mining and
reclamation operation may notify the Director of the CCRO or any
representative of the CCRO responsible for conducting the inspection, in
writing, of any violation of this Code which he has reason to believe exists
at the coal mining and reclamation site. The Director of the CCRO shall,
by regulation, establish procedures for informal review of any refusal by a
representative of the CCRO to issue a citation with respect to any such
alleged violation. The Director of the CCRO shall furnish such persons
requesting the review a written statement of the reasons for the CCRO's
final disposition of the case.

(2) The Director of the CCRO shall also, by regulation, establish procedures
to ensure that adequate and complete inspections are made. Any such
person may notify the Director of the CCRO of any failure to make such
inspections, after which the Director of the CCRO shall determine whether
adequate and complete inspections have been made. The CCRO shall
furnish such persons a written statement of the reasons for the CCRO's
determination that adequate and complete inspections have or have not
been made.

Penalties

In the enforcement of the Code any permittee who violates any permit conditions
or who violates any other provisions of this Code, may be assessed a civil penalty
by the Director of the CCRO, except that if such violation leads to the issuance of
a cessation order under Section 318 the civil penalty shall be assessed. Such
penalty shall not exceed $5,000 for each violation. Each day of continuing
violation may be deemed a separate violation for purposes of penalty assessment.
In determining the amount of the penalty, consideration shall be given to the
permittee's history of previous violations at the particular coal mining operation;
the seriousness of the violation, including any irreparable harm to the

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(b)

(c)

i)

environment and any hazard to the health or safety of the public; whether the
permittee was negligent; and the demonstrated good faith of the permittee charged
in attempting to achieve rapid compliance after notification of the violation.

A civil penalty shall be assessed by the Director of the CCRO only after the
person charged with a violation described under subsection (a) of this section has
been given an opportunity for a public hearing. Where such a public hearing has
been held, the Director of the CCRO shall make findings of fact, and shall issue a
written decision as to the occurrence of the violation and the amount of the
penalty which is warranted, incorporating, when appropriate, an order therein
requiring that the penalty be paid. When appropriate, the Director shall
consolidate such hearings with other proceedings under section 318 of this Code.
Any hearings conducted under this section shal! be of record and shall be subject
to Section 319 of this Code. Where the person charged with such a violation fails
to avail himself of the opportunity for a public hearing, a civil penalty shall be
assessed by the Director after the Director has determined that a violation did
occur, and the amount of the penalty which is warranted, and has issued an order
requiring that the penalty be paid.

Upon the issuance of a notice or order charging that a violation of this Code has
occurred, the Director shall inform the operator within thirty days of the proposed
amount of said penalty. The person charged with the penalty shall then have
thirty days to pay the proposed penalty in full or, if the person wishes to contest
either the amount of the penalty or the fact of the violation, forward the proposed
amount to the CCRO for placement in an escrow account. If through
administrative or judicial review of the proposed penalty, it is determined that no
violation occurred, or that the amount of the penalty should be reduced, the
CCRO shall within thirty days remit the appropriate amount to the person, with
interest at the rate of 6 percent per year, or at the prevailing U.S. Department of
the Treasury rate, whichever is greater. Failure to forward the money to the
CCRO within thirty days shall result in a waiver of all legal rights to contest the
violation or the amount of the penalty.

Civil penalties owed under this Code may be recovered in a civil action brought in
the Crow Tribal Court by the Tribal prosecutor or a Tribal attorney at the request
of the Director of the CCRO. As a condition of their permits issued pursuant to
this Code, permittees shall be deemed to have consented to the Crow Tribal
Court's jurisdiction to enter judgment against them for the civil penalties owed
under this Code.

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(°)

(f

(g)

(h)

Any person who willfully and knowingly violates a condition of a permit issued
pursuant to this Code or who fails or refuses to comply with any order issued
under section 318 or section 324, or any order incorporated in a final decision
issued by the CCRO under this Code, except an order incorporated in a decision
issued under subsection (b) of this section or section 407 of this Code shall, upon
conviction, be punished by a fine of not more than $10,000, or by imprisonment
for not more than one year of both.

Whenever a corporate permittee violates a condition of a permit issued pursuant
to this Code or fails or refuses to comply with any order issued under any section
of this Code or any order incorporated in a final decision issued by the CCRO
under this Code except an order incorporated in a decision issued under
subsection (b) of this section or section 406 of this Code, any director, officer, or
agent of such corporation who willfully and knowingly authorized, ordered, or
carried out such violation, failure, or refusal shall be subject to the same civil
penalties, fines, and imprisonment that may be imposed upon a person under
subsections (a) and (e) of this section.

Whoever knowingly makes any false statement, representation, or certification, or
knowingly fails to make any statement, representation, or certification in any
application, record, report, plan, or other document filed or required to be
maintained pursuant to this Code or any order or decision issued by the CCRO
under this Code, shall, upon conviction, be punished by a fine of not more than
$10,000, or by imprisonment for not more than one year or both.

Any operator who fails to correct a violation for which a citation has been issued
under section 318(a) within the period permitted for its correction which period
shall not end until the entry of a final order by the CCRO, in the case of any
review proceedings under section 323 initiated by the operator wherein the CCRO
orders, after an expedited hearing, the suspension of the abatement requirements
of the citation after determining that the operator will suffer irreparable loss or
damage from the application of those requirements, or until the entry of an order
of the court, in the case of any review proceedings under section 324 initiated by
the operator wherein the court orders the suspension of the abatement
requirements of the citation, shall be assessed a civil penalty of not less than
$1,000 for each day during which such failure or violation continues.

Nothing herein shall be construed to eliminate or reduce the effect or validity of
any additional enforcement right or procedure available under Tribal law to the
CCRO but which are not specifically enumerated in this Code.

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G)

Sec. 316.

(a)

(b)

Citations for criminal penalties prescribed in this Section 315 may be issued by
the CCRO or the Tribal Prosecutor, shall be deemed issued under Section 518 of
SMCRA, and shall be referred to the Office of Surface Mining and the U.S.
Attorney for the District of Montana for prosecution. Citations for criminal
penalties prescribed in this Section 315 may also be issued by the Office of
Surface Mining pursuant to Section 518 of SMCRA. Pursuant to Section 710(j)
of SMCRA (30 U.S.C. § 1300), any criminal action brought under this Section
315 or Section 518 of SMCRA for violations of this Code with respect to coal
mining or reclamation operations shall be brought in:

(1) the United States District Court for the District of Columbia; or
(2) the United States District Court for the District of Montana.
Release of Performance Bonds or Deposits

The permittee may file a request with the CCRO for the release of all or part of a
performance bond or deposit. Within thirty days after any application for bond or
deposit release has been filed with the CCRO, the operator shall submit a copy of
an advertisement placed at least once a week for four successive weeks in a
newspaper of general circulation in the locality of the coal mining operation.
Such advertisement shall be considered part of any bond release application and
shall contain a notification of the precise location of the land affected, the number
of acres, the permit and the date approved, the amount of the bond filed and the
portion sought to be released, and the type and appropriate dates of reclamation
work performed, and a description of the results achieved as they relate to the
operator's approved reclamation plan. In addition, as part of any bond release
application, the applicant shall submit copies of letters which he has sent to
adjoining property owners, Tribal, federal, and local governmental bodies,
planning agencies, and sewage and water treatment authorities, or water
companies in the locality in which the coal mining and reclamation activities took
place, notifying them of his intention to seek release from the bond or deposit.

Upon receipt of the notification and request, the CCRO shall within thirty days
conduct an inspection and evaluation of the reclamation work involved:
Provided, however, that weather and road conditions permit such inspection and
evaluation to be conducted. If weather and road conditions preclude such
inspection and evaluation from being conducted within thirty days of the
notification and request by the CCRO, the Director shall notify the operator in
writing of the conditions causing such preclusion, and shall conduct such

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(c)

inspection and evaluation at the earliest possible date. Such evaluation shall
consider, among other things, the degree of difficulty to complete any remaining
reclamation, whether pollution of surface and subsurface water is occurring, the
probability of continuance of future occurrence of such pollution, and the
estimated cost of abating such pollution. The CCRO shall notify the permittee in
writing of its decision to release or not to release all or part of the performance
bond or deposit within sixty days from the inspection and evaluation, if no public
hearing is held pursuant to section 316(f), and if there has been a public hearing
held pursuant to section 316(f), within thirty days thereafter.

The CCRO may release in whole or in part said bond or deposit if the CCRO is
satisfied the reclamation covered by the bond or deposit or portion thereof has
been accomplished as required by this Code according to the following schedule:

qd) When the operator completes the backfilling regrading, and drainage
control of a bonded area in accordance with his approved reclamation
plan, the release of 60 percent of the bond or collateral for the applicable
permit area.

(2) After revegetation has been established on the regraded mined lands in
accordance with the approved reclamation plan. When determining the
amount of bond to be released after successful revegetation has been
established, the CCRO shall retain that amount of bond for the revegetated
area which would be sufficient for a third party to cover the cost of
re-establishing revegetation and for the period specified for operator
responsibility in section 311 of re-establishing revegetation. No part of
the bond or deposit shall be released under this paragraph so long as the
lands to which the release would be applicable are contributing suspended
solids to stream flow or runoff outside the permit area in excess of the
requirements set by section 311(b)(10) or until soil productivity for prime
farmlands has returned to equivalent levels of yield as nonmined land of
the same soil type in the surrounding area under equivalent management
practices as determined from the soil survey performed pursuant to section
303(b)(16). Where a silt dam is to be retained as a permanent
impoundment pursuant to section 311(b)(8), the portion of bond may be
released under this paragraph so long as provisions for sound future
maintenance by the operator or the landowner have been made with the
CCRO.

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)

(©)

(

(3) When the operator has completed successfully all coal mining and
reclamation activities, the release of the remaining portion of the bond or
deposit may be authorized by the Director, but not before the expiration of
the period specified for operator responsibility in section 311: Provided,
however, that no bond or deposit shall be fully released until all
reclamation requirements of this Code are fully met.

If the CCRO disapproves the application for release of the bond or deposit, or
portion thereof, the CCRO shall notify the permittee, in writing, stating the
reasons for disapproval and recommending corrective actions necessary to secure
said release and allowing opportunity for a public hearing.

When any application for total or partial release is filed with the CCRO, the
CCRO shall notify all appropriate divisions of Tribal and federal government and
publish in a newspaper of general circulation in the locality in the area in which a
coal mining operation is located by certified mail at least thirty days prior to the
release of all or a portion of the bond.

Any person with a valid legal interest which might be adversely affected by
release of the bond or deposit or the responsible officer or head of any Tribal,
federal, or local governmental agency which has jurisdiction by law or special
expertise with respect to any environmental, social or economic impact involved
in the operation, or is authorized to develop and enforce environmental standards
with respect to such operations shall have the right to file written objections to the
proposed release from bond to the CCRO within thirty days after the last
publication of the above notice. If written objections are filed, and a hearing
requested, the CCRO shall inform all the interested parties of the time and place
of the hearing, and hold a public hearing in the locality of the coal mining
operation proposed for bond or deposit release within thirty days of the request
for such hearing. The date, time, and location of such public hearings shall be
advertised by the CCRO in a newspaper of general circulation in the locality for
two consecutive weeks, and the CCRO shall hold a public hearing in the locality
of the coal mining operation proposed for bond release or at Crow Agency,
Montana, as determined by the CCRO and stated in the advertisement, within
thirty days of the request for such hearing.

Without prejudice to the rights of the objectors, the applicant, or the
responsibilities of the CCRO pursuant to this section, the CCRO may establish an
informal conference as provided in section 309 to resolve such written objections.

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(h)

Sec. 317.

(a)

(b)

For the purpose of such hearing the CCRO shall have the authority and is hereby
empowered to administer oaths, subpoena witnesses, or written or printed
materials, compel the attendance of witnesses, or production of materials, and
take evidence including but not limited to inspections of the land affected and
other coal mining operations carried on by the applicant in the general vicinity. A
verbatim record of each public hearing required by this Code shall be made, and a
transcript made available on the motion of any party or by order of the CCRO.

Citizen Suits

Except as provided in subsection (b) of this section, any person having an interest
which is or may be adversely affected may commence a civil action in the Crow
Tribal Court on his own behalf to compel compliance with this Code:

(1) against the CCRO if alleged to be in violation of the provisions of this
Code or of any rule, regulation, order or permit issued pursuant thereto, or
against any other person who is alleged to be in violation of any rule,
regulation, order or permit issued pursuant to this title; or

(2) against the CCRO where there is alleged a failure of the CCRO to perform
any act or duty under this Code which is not discretionary with the CCRO.

No action may be commenced:
(1) under subsection (a)(1) of this section:

(A) _ prior to sixty days after the plaintiff has given notice in writing of
the violation (i) to the Director of CCRO, (ii) to the Crow Tribe,
and (iii) to any alleged violator; or

(B) _ if the Director of CCRO or the Tribe has commenced and is
diligently prosecuting a civil action in Tribal Court to require
compliance with the provisions of this Code, or any rule,
regulation, order, or permit issued pursuant to this Code, but in any

such action in Tribal Court any person may intervene as a matter of
right; or

(2) under subsection (a)(2) of this section prior to sixty days after the plaintiff
has given notice in writing of such action to the Director of CCRO, in
such manner as the Director shall by regulation prescribe, except that such
action may be brought immediately after such notification in the case
where the violation or order complained of constitutes an imminent threat

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to the health or safety of the plaintiff or would immediately affect a legal
interest of the plaintiff.

(c) (1) Any action respecting a violation of this Code or the regulations
thereunder may be brought in the Crow Tribal Court.

(2) In such action under this section, the CCRO, if not a party, may intervene
as a matter or right.

(3) The judgment and/or final orders of the Crow Tribal Court in an action
commenced under subsection (a) of this section shall be subject to review
by the Crow Court of Appeals as provided in Title 3 of the Crow Law and
Order Code and the Crow Rules of Appellate Procedure. Actions against
the CCRO shall not be reviewable in any court of the United States
pursuant to Sections 520 and 710(j)(4)(A) of SMCRA (30 U.S.C. §§ 1270
and 1300(j)(4)(A)) unless and until all Tribal proceedings under this Code
and in the Crow Tribal Court system have been completed.

(d) The court, in issuing any final order in any action brought pursuant to subsection
(a) of this section, may award costs of litigation (including attorney and expert
witness fees) to any party, whenever the court determines such award is
appropriate. The court may, if a temporary restraining order or preliminary
injunction is sought require the filing of a bond or equivalent security in
accordance with the Crow Rules of Civil Procedure.

(e) Nothing in this section shall restrict any right which any person (or class of
persons) may have under Tribal law to seek enforcement of any provisions of this
Code and the regulations thereunder, or to seek any other relief (including relief
against the CCRO).

(f) Any person who is injured in his person or property through the violation by any
operator of any rule, regulation, order, or permit issued pursuant to this Code may
bring an action for damages (including reasonable attorney and expert witness
fees) against the operator in the Crow Tribal Court. Nothing in this subsection
shall affect the rights established by or limits imposed under Tribal or other
applicable Workmen's Compensation laws.

Sec. 318. Enforcement

(a) qj) Whenever, on the basis of any information available to it, including
receipt of information from any person, the CCRO has reason to believe

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(2)

that any person is in violation of any requirement of this Code or any
permit condition required by this Code, the CCRO shall order inspection
of the coal mining operation at which the alleged violation is occurring
unless the information is available to the CCRO is a result of a previous
inspection of such coal mining operation. After the inspection results, the
CCRO shall notify such person who provided information to cause the
inspection of when the inspection is proposed to be carried out and such
person shall be allowed to accompany the inspector during the inspection.

When, on the basis of any inspection, the CCRO determines that any
condition or practices exist, or that any permittee is in violation of any
requirement of this Code, or any permit condition required by this Code,
which condition, practice, or violation also creates an imminent danger to
the health or safety of the public, or is causing, or can reasonably be
expected to cause significant, imminent environmental harm to land, air or
water resources, the CCRO shall immediately order a cessation of coal
mining and reclamation operations or the portion thereof relevant to the
condition, practice, or violation. Such cessation order shall remain in
effect until the CCRO determines that the condition, practice, or violation
has been abated, or until modified, vacated, or terminated by the CCRO
pursuant to subsection (a)(4) of this section. Where the CCRO finds that
the ordered cessation of coal mining and reclamation operations, or any
portion thereof, will not completely abate the imminent danger to health or
safety of the public of the significant imminent environmental harm to
land, air, or water resources, the CCRO shall, in addition to the cessation
order, impose affirmative obligations on the operator requiring him to take
whatever steps the CCRO deems necessary to abate the imminent danger
or the significant environmental harm.

When, on the basis of an inspection which is carried out during the
enforcement of this Code, the CCRO determines that any permittee is in
violation of any requirement of this Code or any permit condition required
by this Code; but such violation does not create an imminent danger to the
health or safety of the public, or cannot be reasonably expected to cause
significant imminent environmental harm to land, air, or water resources,
the CCRO shall issue a notice to the permittee or his agent fixing a
reasonable time but not more than ninety days for the abatement of the
violation and providing opportunity for public hearing.

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(4)

(A) — If, upon expiration of the period of time as originally fixed or
subsequently extended, for good cause shown and upon the written
finding of the CCRO, the CCRO finds that the violation has not
been abated, the CCRO shall immediately order a cessation of coal
mining and reclamation operations or the portion thereof relevant
to the violation. Such cessation order shall remain in effect until
the CCRO determines that the violation has been abated, or until
modified, vacated, or terminated by the CCRO pursuant to
subparagraph (a)(5) of this section. In the order of cessation issued
by the CCRO under this subsection, the CCRO shall determine the
steps necessary to abate the violation in the most expeditious
manner possible, and shall include the necessary measures in the
order.

When, on the basis of an inspection or inspections, the CCRO determines
that a pattern of violations or any requirements of this Code or any permit
conditions required by this Code exists or has existed, and if the CCRO
also finds that such violations are caused by the unwarranted failure of the
permittee to comply with any requirements of this Code or any permit
conditions, or that such violations are willfully caused by the permittee,
the CCRO shall forthwith issue an order to the permittee to show cause as
to why the permit should not be suspended or revoked and shall provide
opportunity for a public hearing. If a hearing is requested the CCRO shall
inform all interested parties of the time and place of the hearing. Upon the
permittee's failure to show cause as to why the permit should not be
suspended or revoked, the CCRO shall forthwith suspend or revoke the
permit.

Notices and orders issued pursuant to this section shall set forth with
reasonable specificity the nature of the violation and the remedial action
required, the period of time established for abatement, and a reasonable
description of the portion of the coal mining and reclamation operation to
which the notice or order applies. Each notice or order issued under this
section shall be given promptly to the permittee or his agent by the CCRO,
and all such notices and orders shall be in writing and shall be signed by
the Director or his authorized representative. Any notice or order issued
pursuant to this section may be modified, vacated, or terminated by the
CCRO. Any notice or order issued pursuant to this section which requires
cessation of mining by the operator shall expire within thirty days of

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(b)

()

Sec. 319.

actual notice to the operator unless a public hearing is held at the site or
within such reasonable proximity to the site than any viewing of the site
can be conducted during the course of the public hearing.

The Director of the CCRO may request the Crow Tribal Attorney or the Crow
Tribal Prosecutor to institute a civil action for relief in the Crow Tribal Court
including a permanent or temporary injunction, restraining order, or any other
appropriate order, whenever such permittee or his agent:

(1) violates or fails or refuses to comply with any order or decision issued by
the CCRO under this Code; or

(2) interferes with, hinders, or delays the CCRO or its authorized
representatives in carrying out the provisions of this Code; or

(3) refuses to admit authorized representatives of the CCRO to the mine and
permit area and/or adjacent areas under control or access agreement of
permittee; or

(4) refuses to permit inspection of the mine and permit area and/or adjacent
areas under control or access agreement of permittee by such authorized
representatives of the CCRO; or

(5) refuses to furnish any information or report requested by the CCRO in
furtherance of the provisions of this Code; or

(6) refuses to permit access to, and copying of, such records as the CCRO
determines necessary in carrying out the provisions of this Code.

The Crow Tribal Court shall have jurisdiction to provide such relief as may be
appropriate. Temporary restraining orders shall be issued in accordance with the
Crow Rules of Civil Procedure as amended. Any relief granted by the court to
enforce an order under clause (1) of this section shall continue in effect until the
completion or final termination of all proceedings for review of such order under
this Title, unless, prior thereto, the court sets it aside or modifies it.

Nothing herein shall be construed so as to eliminate any additional enforcement
rights or procedures which are available under Tribal law to the CCRO but which
are not specifically enumerated herein.

Administrative Adjudicatory Hearings

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Unless superseded by a general Tribal law governing Tribal administrative adjudicatory
hearings with similar procedural requirements, hearings to be conducted under this Code
pursuant to this Section 319 shall be conducted according to the procedures set forth in
Appendix B.

Sec: 320,

(a)

(b)

(©)

Sec. 321.

(a)

Limited Waiver of Tribal Sovereign Immunity

As required by SMCRA Sec. 710(j)(3), the Crow Tribe hereby grants a limited
waiver of its sovereign immunity against suit for purposes of:

qd) Tribal Court review of civil actions pursuant to Sec. 315 and 324 of this
Code, and Federal Court of Appeals review after full exhaustion of Tribal
administrative and judicial remedies as set forth therein, and

(2) citizen suits in Tribal Court pursuant to Sec. 317 of this Code, and Federal
Court of Appeals review, if applicable, after full exhaustion of Tribal
administrative and judicial remedies as set forth therein.

The Tribe's consent to any federal court review under the limited waiver in
subsection (a) shall only apply after exhaustion of all Tribal administrative and
judicial remedies as set forth in this Code and under other applicable Tribal law.

The limited waiver in subsection (a) shall apply to declaratory and injunctive
relief against the CCRO and the Crow Tribe, their officers and agents, provided,
however, that any monetary liability of the Crow Tribe pursuant to this limited
waiver shall be limited to costs of litigation (including attorney and expert witness
fees) as may be awarded by the court pursuant to Section 317(d) or as elsewhere
expressly provided in this Code, and in no event shall any judgment or other relief
awarded pursuant to this limited waiver result in the encumbrance of any Tribal
trust property or assets.

Designation of Lands Unsuitable for Mining

() The CCRO, in consultation with any other Crow Tribal agency designated
by the Chairman including but not limited to the Crow Tribal Historic
Preservation Office, shall establish a planning process enabling objective
decisions based upon competent and scientifically sound data and
information as to which, if any, Crow coal lands are unsuitable for all or
certain types of coal mining operations pursuant to the standards set forth
in paragraphs (2) and (3) of this subsection. Such decisions shall not

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prevent mineral exploration pursuant to this Code of any area designated
as unsuitable for all or certain types of coal mining operations.

(2) Upon petition pursuant to subsection (c) of this section, the CCRO shall
designate an area as unsuitable for all or certain types of coal mining
operations if the CCRO determines that reclamation pursuant to the
requirements of this Code is not technologically and economically
feasible.

(3) Upon petition pursuant to subsection (c) of this section, a surface area may
be designated unsuitable for certain types of coal mining operations if
such operations will:

(A) _ be incompatible with existing Tribal land use plans, policies and
programs; or

(B) affect fragile or historic lands or important cultural sites in which
such operations could result in significant damage to important
historic, cultural, scientific, and esthetic values and natural
systems; or

(C) affect renewable resource lands in which such operations could
result in a substantial loss or reduction of long-range productivity
of water supply or of food or fiber products, and such lands to
include aquifers and aquifer recharge areas; or

(D) affect natural hazard lands in which such operations could
substantially endanger life and property, such lands to include
areas subject to frequent flooding and areas of unstable geology.

(4) To comply with this section, the CCRO will be responsible for coal
mining lands review and will demonstrate the Crow Tribe has developed
or is developing a process which includes:

(A) | adata base and an inventory system which will permit proper
evaluation of the capacity of different land areas to support and
permit reclamation of coal mining operations, which may be
maintained by or shared with another Tribal agency with land use
planning responsibilities;

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(b)

(c)

(B) | amethod or methods for implementing land use planning decisions
concerning coal mining operations; and

(C) proper notice, opportunities for public participation, including a
public hearing prior to making any designation or redesignation
pursuant to this section.

(5) Determinations of the unsuitability of land for coal mining, as provided for
in this section, shall be integrated as closely as possible with present and
future Tribal land use planning and regulation processes as established by
Tribal law.

(6) The requirements of this section shall not apply to lands on which coal
mining operations are being conducted on the date of enactment of this
Code or SMCRA or under a permit issued pursuant to this Code, or where
substantial legal and financial commitments in such operation were in
existence prior to January 4, 1977.

The CCRO in cooperation with other Tribal agencies with land use planning
responsibilities, including but not limited to the Tribal Historic Preservation
Office, shall conduct a review of Crow Lands to determine, pursuant to the
standards set forth in paragraphs (2) and (3) of subsection (a) of this section,
whether there are areas on Crow Lands which are unsuitable for all or certain
types of coal mining operations. When the CCRO determines an area on Crow
Lands to be unsuitable for all or certain types of coal mining operations, the
Director shall withdraw such area or condition any mineral leasing or mineral
entries in a manner so as to limit coal mining operations on such area. Prior to
designating any Crow Lands unsuitable for such mining, the CCRO shall consult
with the appropriate Tribal and federal agencies.

Any person having an interest which is or may be adversely affected shall have
the right to petition the CCRO to have an area designated as unsuitable for coal
mining operations, or to have such a designation terminated. Such a petition shall
contain allegations of facts with supporting evidence which would tend to
establish the allegations. Within ten months after receipt of the petition the
CCRO shall hold a public hearing in the locality of the affected area, after
appropriate notice and publication of the date, time, and location of such hearing.
After a person having an interest which is or may be adversely affected has filed a
petition and before the hearing, as required by this subsection, any person may
intervene by filing allegations of facts with supporting evidence which would tend

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@

(¢)

to establish the allegations. Within sixty days after such hearing, the CCRO shall
issue and furnish to the petitioner and any other party to the hearing, a written
decision regarding the petition, and the reasons therefore. In the event that all the
petitioners stipulate agreement prior to the requested hearing, and withdraw their
request, such hearing need not be held.

Prior to designating any land areas as unsuitable for coal mining operations, the
CCRO shall prepare a detailed statement on:

(1) the potential coal resources in the area;
(2) the demand for coal resources; and

(3) the impact of such designation on the Reservation environment and
economy, and on potential Tribal revenues from the production of
Tribally-owned coal.

After the enactment of this Code and subject to valid existing rights no coal
mining operations except those which exist on the date of enactment of this Code
or SMCRA shall be permitted:

(1) on any Crow Lands designated by the Crow Tribe as sacred, or as having
special or exceptional cultural, historical or environmental characteristics;

(2) on any Crow Lands within the boundaries of the National Park system, the
National Wilderness Preservation system, the National Wildlife Refuge
System, the National System of Trails, the Wild and Scenic Rivers system,
including study rivers designated under section 5(a) of the Wild and
Scenic Rivers Act, and National Recreation Areas designated by Act of
Congress;

3) on any Tribal or Federal lands within the boundaries of any National
Forest: Provided, however, that coal mining operations may be permitted
on such lands if the applicable Federal authority finds that there are no
significant recreational, timber, economic, or other values which may be
incompatible with such mining operations and:

(A) surface operations and impacts are incident to an underground coal
mine; or

(B) where the U.S. Secretary of Agriculture determines, with respect to
lands which do not have significant forest cover within National

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Forest, that mining is in compliance with other relevant Federal
laws.

(4) which will adversely affect any publicly owned park or places included in
the National Register of Historic Sites or places unless approved jointly by
the CCRO, the Crow Tribal Legislature and the Chairman of Executive
Branch, and appropriate Federal or local agency with jurisdiction over the
park or the historic site;

(5) within one hundred feet of the outside right-of-way line of any public
road, except where mine access roads or haulage roads join such
right-of-way line and except that the CCRO may permit such roads to be
re-located or the area affected to lie within one hundred feet of such road,
if after public notice and opportunity for public hearing in the locality a
written finding is made that the interests of the Tribe, the general public
and the landowners affected will be protected; or

(6) within three hundred feet from any occupied dwelling, unless waived by
the owner thereof, nor within three hundred feet of any public building,
school, church, community, or institutional building, public park, or within
one hundred feet of a cemetery, defined as any place where human bodies
are interred.

(f) Notwithstanding any other provision of this Section, any lands overlying Triballyowned coal shall be designated as unsuitable for coal mining by the CCRO upon
receipt of a resolution of the Crow Tribal Legislature, approved by the Chairman
of the Executive Branch, designating such lands as unsuitable for any reason,
which designation shall not be subject to review.

Sec. 322. Tribal or Public Agencies, Utilities, and Corporations

Any agency, unit or instrumentality of the Crow Tribe, Federal State or local government
including any publicly owned utility or publicly owned corporation of Tribal, Federal
State or local government, which proposes to engage in coal mining operations which are
subject to the requirements of this Code, shall comply with this Code.

Sec. 323. Review by CCRO

(a) (1) A permittee issued a notice or order by the CCRO pursuant to the
provisions of subparagraphs (a)(2) and (3) of section 318 of this Code, or
pursuant to a Tribal or federal program or the federal lands program or any

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(b)

(c)

person having an interest which is or may be adversely affected by such
notice or order or by any modification, vacation, or termination of such
notice or order, may apply to the Director of CCRO for review of the
notice or order within thirty days of receipt thereof or within thirty days of
its modification, vacation, or termination. Upon receipt of such
application, the Director shall cause such investigation to be made as
deemed appropriate. Such investigation shall provide an opportunity for a
public hearing, at the request of the applicant or the person having an
interest which is or may be adversely affected, to enable the applicant or
such person to present information relating to the issuance and
continuance of such notice or order of the modification, vacation, or
termination thereof. The filing of an application for review under this
subsection shall not operate as a stay of any order or notice.

(2) The permittee and other interested persons shall be given written notice of
the time and place of the hearing at least five days prior thereto. Any such
hearing shall be of record and subject to section 319 of this Code.

Upon receiving the report of such investigation, the Director shall make finding of
fact, and shall issue a written decision, incorporating therein an order vacating,
affirming, modifying, or terminating the notice or order, or the modification,
vacation, or termination of such notice or order complained of and incorporate his
findings therein. Where the application for review concerns an order for cessation
of coal mining and reclamation operations issued pursuant to the provisions of
subparagraph (a)(2) or (a)(3) of section 318 of this Code, the Director shall issue
the written decision within thirty days of the receipt of the application for review,
unless temporary relief has been granted by the Director pursuant to subparagraph
(c) of this section or by the Tribal Court pursuant to subparagraph (c) of section
324 of this Code.

Pending completion of the investigation and hearing required by this section, the
applicant may file with the Director a written request that the Director grant
temporary relief from any notice or order issued under section 318 of this code, a
Tribal or federal program or the federal lands program together with a detailed
statement giving reasons for granting such relief. The Director shall issue an
order or decision granting or denying such relief expeditiously: Provided, That
where the applicant requests relief from an order or cessation of coal mining and
reclamation operations issued pursuant to subparagraph (a)(2) or (a)(3) of section
318 of this title, the order or decision on such a request shall be issued within five

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Cc)

(e)

Sec, 324.

(a)

days of its receipt. The Director may grant such relief, under such conditions as
he may prescribe, if

qd) a hearing has been held in the locality of the permit area on the request for

temporary relief in which all parties were given an opportunity to be
heard;

(2) the applicant shows that there is substantial likelihood that the findings of
the Director will be favorable to him; and

(3) such relief will not adversely affect the health or safety of the public or
cause significant, imminent environmental harm to land, air, or water
resources.

Following the issuance of an order to show cause as to why a permit should not be
suspended or revoked pursuant to section 318, the Director shall hold a public
hearing after giving written notice of the time, place and date thereof. Any such
hearing shall be of record pursuant to Section 319 of this Code. Within sixty days
following the public hearing, the Director shall issue and furnish to the permittee
and all other parties to the hearing a written decision, and reasons therefore,
concerning suspension or revocation of the permit. If the Director revokes the
permit, the permittee shall immediately cease coal mining operations on the
permit area and shall complete reclamation within a period specified by the
Director, or the Director shall declare as forfeited the performance bonds for the
operation.

Whenever an order is issued under this section, or as a result of any administrative
proceeding under this Code, at the request of any person, a sum equal to the
aggregate amount of all costs and expenses (including attorney fees) as
determined by the Director to have been reasonable incurred by such person for or
in connection with his participation in such proceedings, including any judicial
review of agency actions, may be assessed against either party as the court,
resulting from judicial review or the Director, resulting from administrative
proceedings, deems proper.

Judicial Review

(1) Any action of the CCRO to prepare or promulgate a Tribal program
pursuant to this Code shall be subject to judicial review by the Crow
Tribal Court. Any action by the CCRO promulgating rules or regulations
including standards pursuant to sections 301, 311 and 312 shall be subject

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(b)

(¢)

to judicial review by the Crow Tribal Court. Any action subject to judicial
review under this subsection shall be affirmed unless the findings
conclude that such action is arbitrary, capricious, or otherwise inconsistent
with law. A petition for review of any action subject to judicial review
under this subsection shall be filed in the Crow Tribal Court within sixty
days from the date of such action, or after such date if the petition is based
solely on grounds arising after the sixtieth day. Any such petition may be
made by any person who participated in the administrative proceedings
and who is aggrieved by the action of the CCRO.

(2) Any order or decision issued by the CCRO in a civil penalty proceeding or
any other proceeding required to be conducted pursuant to Section 319 of
this Code shall be subject to judicial review on or before thirty days from
the date of such order or decision in accordance with subsection (b) of this
section in Crow Tribal Court. In the case of a proceeding to review an
order or decision issued by the CCRO under the penalty sections of this
Code, the court shall have jurisdiction to enter an order requiring payment
of any civil penalty assessment enforced by its judgment. This availability
of review established in this subsection shall not be construed to limit the
rights established in Section 317 of this Code.

The court shall hear such petition or complaint solely on the record made before
the Director of the CCRO. Except as provided in subsection (a), the findings of
the Director of the CCRO, if supported by substantial evidence on the record
considered as a whole, shall be conclusive. The court may affirm, vacate, or
modify any order or decision or may remand the proceedings to the Director of
the CCRO for such further action as it may direct.

In the case of a proceeding to review any order or decision issued by the Director
of the CCRO under this Code, including an order or decision issued pursuant to
subparagraph (c) or (d) of section 323, of this title pertaining to any order issued
under subparagraph (a)(2), (a)(3), or (a)(4) of section 318 of this title for cessation
of coal mining and reclamation operations, the court may, under such conditions
as it may prescribe, grant such temporary relief as it deems appropriate pending
final determination of the proceedings if:

(i) all parties to the proceedings have been notified and given an opportunity
to be heard on a request for temporary relief;

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(d)

(8)

(f)

Sec. 325.

(2) the person requesting such relief shows that there is a substantial
likelihood that he will prevail on the merits of the final determination of
the proceeding; and

(3) such relief will not adversely affect the public health or safety or cause
significant imminent environmental harm to land, air, or water resources.

The commencement of a proceeding under this section shall not, unless
specifically ordered by the court, operate as a stay of the action, order, or decision
of the Director of the CCRO.

Action of the CCRO pursuant to this Code shall be subject to judicial review only
in accordance with this Section, but the availability of such review shall not be
construed to limit the operation of the rights established in Section 317 except as
provided therein.

Judgments and/or final orders of the Crow Tribal Court in actions brought under
this Section 324 and Section 315 shall be subject to review by the Crow Court of
Appeals as provided in Title 3 of the Crow Law and Order Code and the Crow
Rules of Appellate Procedure. Actions of the CCRO shall not be reviewable in
any court of the United States pursuant to Section 710(j)(4)(A) of SMCRA (30
U.S.C. §1300(j)(4)(A)) unless and until all Tribal proceedings under this Code
and in the Crow Tribal Court system have been completed.

Coal Mining Operations Not Subject To This Code

The provisions of this Code shall not apply to any of the following activities:

Sec. 401.

(1) the extraction of coal by a landowner for his own noncommercial use from
land owned or leased by him; and

(2) the extraction of coal as an incidental part of Tribal, Federal, State or local

government-financed highway or other construction under regulations
established by the CCRO.

TITLE IV--Administrative and Miscellaneous Provisions

Definitions

For the purposes of this Code:

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(1) "alluvial valley floors" means the unconsolidated stream laid deposits holding
streams where water availability is sufficient for subirrigation or flood irrigation
agricultural activities but does not include upland areas which are generally
overlain by a thin veneer of colluvial deposits chiefly of debris from sheet
erosion, deposits by unconcentrated runoff of slope wash, together with talus,
other mass movement accumulation and wind-blown deposits;

(2) "approximate original contour" means that surface configuration achieved by
backfilling and grading of the mined area so that the reclaimed area, including any
terracing or access roads, closely resembles the general surface configuration of
the land prior to mining and blends into and complements the drainage pattern of
the surrounding terrain, with all high walls and spoil piles eliminated; water
impoundments may be permitted where the CCRO determines that they are in
compliance with applicable sections of this Code;

(3) “Chairman” means the elected Chairman of the Crow Nation Executive Branch;

(4) "coal mining and reclamation operations" means coal mining operations and all
activities necessary and incidental to the reclamation of such operations after the
date of enactment of this Code and SMCRA;

(5) "coal mining operations" means:

(A) activities conducted on in connection with a coal mine subject to the
requirements of this Code, the products of which enter commerce or the
operations of which directly or indirectly affect interstate commerce.

Such activities include excavation for the purpose of obtaining coal
including such common methods as contour, strip, underground, auger,
mountaintop removal, box cut, open pit, and area mining, the uses of
explosives and blasting, and in situ distillation or retorting, leaching or
other chemical or physical processing, and the cleaning, concentrating, or
other processing or preparation, loading of coal for interstate commerce at
or near the mine site: Provided, however, that such activities do not
include the extraction of coal incidental to the extraction of other minerals
where coal does not exceed 16 2/3 percentum of the tonnage of minerals
removed for purposes of commercial use or sale or coal explorations
subject to applicable sections of this Code; and

(B) _ the areas upon which such activities occur or where such activities disturb
the natural land surface or surface or underground water. Such areas shall

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(6)
(7)

(8)

(9)

(10)

(11)
(12)

also include any adjacent land the use of which is incidental to any such
activities, all lands affected by the construction of new roads or the
improvement or use of existing roads to gain access to the site of such
activities and for haulage, and excavations, workings, impoundments,
dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles,
overburden piles, spoil banks, culm banks, tailings, holes or depressions,
repair areas, storage areas, processing areas, shipping areas and other areas
upon which are sited structures, facilities, or other property or materials on
the surface, resulting from or incident to such activities;

"Code" means this Crow Coal Mining and Reclamation Code;

"Crow Coal Regulatory Office" or "CCRO" means the Crow Tribal regulatory
authority established pursuant to Title II of this Code; the matrix of activities
conducted by the CCRO and other designated agencies, including the interim
regulatory program and the permanent regulatory program, in fulfillment of the
provisions of this Code and the regulations promulgated hereunder;

"Crow Lands” or “Crow Indian Lands” means all lands, including mineral
interests, within the exterior boundaries of the Crow Indian Reservation,
notwithstanding the issuance of any patent, and including rights-of-way, and all
lands including mineral interests, held in trust for or supervised by the Crow Tribe
of Indians;

"Crow Tribal Council" means the governing body of the Crow Tribe of Indians
prior to the 2001 Crow Constitution and the general Tribal membership
represented by the three branches of government since the approval of the 2001
Crow Constitution and By-Laws;

"Crow Tribe of Indians" or "Crow Tribe" or "Tribe" means the Crow Tribe of
Indians of Montana, also known as the Apsaalooke Nation, a sovereign Indian
Tribe recognized by the Secretary of the Interior;

“Director” means the Director of the Crow Coal Regulatory Office (CCRO);

"Federal lands" means any land, including mineral interests, owned by the United
States without regard to how the United States acquired ownership of the land and
without regard to the agency having responsibility for management thereof,
except Indian lands;

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(14)

(15)

(16)

(17)

(18)
(9)

(20)

(21)

(22)

"imminent danger to the health and safety of the public" means the existence of
any condition or practice, or any violation of a permit or other requirement of this
Code in a coal mining and reclamation operation, which condition, practice, or
violation could reasonably be expected to cause substantial physical harm to
persons outside the permit area before such condition, practice, or violation can be
abated. A reasonable expectation of death or serious injury before abatement
exists if a rational person, subjected to the same conditions or practices giving rise
to the peril, would not expose himself or herself to the danger during the time
necessary for abatement;

"lignite coal" means consolidated lignitic coal having less than 8,300 British
thermal units per pound, moist and mineral matter free;

"operator" means any person, partnership, corporation, limited liability company,
or other business organization engaged in coal mining who removes or intends to
remove more than two hundred fifty tons of coal from the earth by coal mining
within twelve consecutive calendar months in any one location;

"other minerals" means clay, stone, sand, gravel, metalliferous and
nonmetalliferous ores, any other solid material or substance of commercial value
excavated in solid form from natural deposits on or in the earth, exclusive of coal
and those minerals which occur naturally in liquid or gaseous form;

"permit" means a permit to conduct coal mining and reclamation operations
issued by the CCRO pursuant to the provisions of this Code;

"permit applicant" or "applicant" means a person applying for a permit;

"permit area" means the area of land indicated on the approved map submitted by
the operator with his application, which area of land shall be covered by the
operator's bond as required by section 305 of this Code and shall be readily
identifiable by markers on the site;

"permittee" means a person holding a permit;

"person" means an individual, partnership, association, society, joint stock
company, firm, company, corporation, holding company, limited liability
company, or other business organization;

“prime farmland" shall have the same meaning as that previously prescribed by
the United States Secretary of Agriculture on the basis of such factors as moisture
availability, temperature regime, chemical balance, permeability, surface layer

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(24)

(25)

(26)

27)

(28)

(30)
Sec. 402.

Sec. 403.

(a)

composition, susceptibility to flooding, and erosion characteristics, and which
historically have been used for intensive agricultural purposes, and as published in
the Federal Register;

"reclamation plan" means a plan submitted by an applicant for a permit from the
CCRO which sets forth a plan for reclamation of the proposed coal mining
operations pursuant to section 304 of this Code;

"regulatory authority" means the Crow Tribal regulatory authority where the
Crow Tribe, through the Crow Coal Regulatory Office, is administering this Code
under an approved Tribal Program;

"Secretary" means the Secretary of the Interior, except where otherwise described;

“Surface Mining Control and Reclamation Act” or “SMCRA” means the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87, and subsequent
amendments thereto (30 U.S.C. 1201 & following);

"Tribal authority” or “Tribal regulatory authority” means the Tribal department or
agency which has primary Tribal responsibility for administering this Code;

"Tribal program" means a program established by the Crow Tribe of Indians
pursuant to SMCRA section 503 to regulate coal mining and reclamation
operations, on lands within the Crow reservation in accord with the requirements
of this Code and regulations issued by the CCRO pursuant to this Code;

"unwarranted failure to comply" means the failure of a permittee to prevent the
occurrence of any violation of his permit or any requirement of this Code due to
indifference, lack of diligence, or lack of reasonable care, or the failure to abate
any violation of such permit or the Code due to indifference, lack of diligence, or
lack of reasonable care; and

"USDOI" means the United States Department of the Interior.
Reserved
Other Crow Tribal and Federal Laws

Nothing in this Code shall be construed to limit, amend, or repeal other existing
Crow Tribal laws or resolutions or to diminish any rights, privileges or
immunities of the Crow Tribe guaranteed under Treaties or federal law except as
specifically provided in this Code: Provided, that in the event that provisions of
this Code are found to be in conflict or contradiction with any prior laws or

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(d)

(e)

Sec. 404.
Sec. 405.

Sec. 406.

a)

(b)

resolutions of the Crow Tribal Council or the Crow Legislature, the provisions of
this Code shall supersede such prior laws and resolutions except to the extent that
such prior laws or resolutions provide for more stringent protections of the
environment or due process than the conflicting provisions of this Code.

Nothing in this Code shall be construed as superseding, amending, modifying, or
repealing any federal law or rule or regulation promulgated thereunder except as
provided herein and authorized by SMCRA.

Nothing in this Code shall affect in any way the authority of the Crow Tribe, or
the heads of Federal agencies under other provisions of law to include in any
lease, license, permit, contract, or other instrument such conditions as may be
appropriate to regulate coal mining and reclamation operations on Crow Lands.

To the greatest extent practicable each Federal agency shall cooperate with the
Director in carrying out the provisions of this Code.

Approval of the Tribal program, pursuant to SMCRA section 503(b), and
adoption and approval of Tribal regulations under Section 201(c) of this Code
shall not constitute a major action within the meaning of section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C, 4332).

Reserved
Reserved
Protection of CCRO Employees

No person shall discharge, or in any other way discriminate against, or cause to be
fired or discriminated against, any employee or any authorized representative of
employees by reason of the fact that such employee or representative has filed,
instituted, or caused to be filed or instituted any proceeding under this Code, or
has testified or is about to testify in any proceeding resulting from the
administration or enforcement of the provisions of this Code.

Any employee or a representative of employees who believes that he has been
fired or otherwise discriminated against by any person in violation of subsection
(a) of this section may, within thirty days after such alleged violation occurs,
apply to the Director for a review of such firing or alleged discrimination. A copy
of the application shall be sent to the person or operator who will be the
respondent. Upon receipt of such application, the Director shall cause such
investigation to be made as he deems appropriate. Such investigation shall
provide an opportunity for a public hearing at the request of any party to such
review to enable the parties to present information relating to the alleged
violation. The parties shall be given written notice of the time and place of the

April 2010 Legislative Session
Crow Coal Mining and Reclamation Code

Page 72 of 77
hearing at least five days prior to the hearing. Any such hearing shall be of record
and shall be subject to Section 319 of this Code. Upon receiving the report of
such investigation the Director shall make findings of fact. If the Director finds
that a violation did occur, he shall issue a decision incorporating therein his
findings and an order requiring the party committing the violation to take such
affirmative action to abate the violation as the Director deems appropriate,
including, but not limited to, the rehiring or reinstatement of the employee or
representative of employees to his former position with compensation. If he finds
that there was no violation, he will issue a finding. Orders issued by the Director
under this subsection shall be subject to judicial review in the same manner as
orders and decisions of the Director are subject to judicial review under this Code.

(c) Whenever an order is issued under this section to abate any violation, at the
request of the applicant a sum equal to the aggregate amount of all costs and
expenses (including attorneys’ fees) to have been reasonably incurred by the
applicant for, or in connection with, the institution and prosecution of such
proceedings, shall be assessed against the persons committing the violation.

Sec. 407. Penalty For Interference

Any person who shall, except as permitted by law, resist, prevent, impede, or interfere

with the CCRO or any of its agents or employees in the performance of duties pursuant to
this Code;

(a) if an Indian within the criminal jurisdiction of the Crow Tribal Court, shall be
punished upon conviction by a fine of not more than $1,000 or by imprisonment
for not more than one year, or both; or

(b) if a person who is not within the jurisdiction of the Crow Tribal Court, shall be
referred for federal prosecution as provided in Section 315(j) of this Code and
punished upon conviction by a fine of not more than $5,000 or by imprisonment
for not more than one year, or both.

Sec. 408. Severability

If any provision of this Code or the applicability thereof to any person or circumstances is
held invalid, the remainder of this Code and the application of such provision to other
persons or circumstances shall not be affected thereby.

Sec. 409. Experimental Practices

(a) In order to encourage advances in mining and reclamation practices or to allow
post-mining land use for industrial, commercial, residential, agricultural, or public

April 2010 Legislative Session
Crow Coal Mining and Reclamation Code
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[OCR skipped on page(s) 31-42]

[Read from a scan; the first 30 pages.]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Acrow_montana%3A690783019ff6eef3. Public record. Not legal advice.