THE MINNESOTA CHIPPEWA TRIBE

THE MINNESOTA CHIPPEWA TRIBE

ORDINANCE NO. 8

Chapter 1 — General.

Section 100 — Authority.

The Tribal Executive Committee, as the governing body of The Minnesota Chippewa Tribe, a federally

recognized Indian Tribe organized under a Constitution ratified by the Tribe on June 20, 1936, and

approved by the Secretary of the Interior on July 24, 1936, pursuant to Section 16 of the Act of June 18,

1934 (48 Stat. 984), as amended by the Act of June 15, 1935 (49 Stat. 3781) does hereby adopt the

following Ordinance to be known as the Natural Resources Protection Ordinance.

Section 200 - Definition.

Section 201 - Tribe, MCT — means The Minnesota Chippewa Tribe, operating under its Constitution

adopted pursuant to Sec. 16 of the Act of June 18, 1934 (48 Stat. 984), as amended.

Section 202 - Reservation — means the six member reservations of The Minnesota Chippewa Tribe

(White Earth, Leech Lake, Fond du Lac, Bois Forte (Nett Lake), Grand Portage, and Mille Lacs) as

established by the Constitution of The Minnesota Chippewa Tribe, Article III, Section 2.

Section 203 — Natural Resources — means all surface and ground waters and all aquatic life, terrestrial

wildlife and vegetation, soils, sand, gravel, peat, minerals, natural gases and other sub-surface resources

and the atmosphere.

Section 204 — Waters of MCT — means all streams, lakes, ponds, marshes, watercourses, waterways,

wells, springs, reservoirs, aquifer, irrigation systems, drainage systems and all other accumulations of

water, surface or underground, natural or artificial, public or private, which are contained within, flow

through, or border upon any other lands where MCT member’s rights of hunting, fishing, trapping and

ricing are reserved.

Section 205 — Person — means any municipality, governmental subdivision, public or private

corporation, individual, partnership, or other entity, including but not limited to association,

commission, or any interstate body, and includes any officer or governing or managing body of any

municipality, governmental subdivision, or public or private corporation, or other entity.

Section 206 — Day — means a 24-hour period which shall be from 12:00:00 a.m. to 11:59:59 p.m. in the

central time zone of the United States.

Section 207 — Standard — means water quality and quantity standards, air quality standards, and soil

protection standards as outlined in this MCT Resource Protection Ordinance.

Section 208 — Clearcutting — means any timber harvesting and timber cutting on any and all tracts of

land where the standing timber remaining after harvesting or cutting is less than 40 trees of 8 inches or

greater dbh per acre.

Section 209 — Road — means any roadway, whether paved, graveled, or otherwise surfaced, which is

maintained for public use of four-wheeled vehicles.

Section 210 — Lake — means any body or accumulation of water, whether natural or artificial, the

majority of which is open water, which is in area 10 acres, or more, and in depth at least 15 feet at some

point.

Section 211 — Pond — means any body or accumulation of water, whether natural or artificial, the

majority of which is open water, which is in area less than 10 acres, whether or not seasonal.

Section 212 — Marsh, Wetland — means any body or accumulation of water, whether natural or artificial,

whether or not seasonal, where a majority area of the surface water contains emergent vegetation.

Section 213 — Open Water — means a water surface absent of emergent vegetation.

Section 214 — River, Stream — means any waterway or watercourse, whether natural or artificial,

whether or not seasonal, which follows a flow channel to any lake, pond, marsh, river or to any other

accumulation or water,

Section 215 — Pollution, Water Pollution, Air Pollution - means the man-made or man-induced

alteration of the chemical, physical, biological or radiological integrity of the waters or atmosphere of

the MCT.

Section 216 — Point Source — means any discernable, confined, and discrete conveyance, including but

not limited to any pipe, stack, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling

stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are

or may be discharged.

Section 217 — Non-Point Source — means man-made or man-induced pollution from any and all sources

not included in the point source definition.

Section 300 — MCT Policy

This Ordinance is enacted to provide uniform standards which are necessary to supplement each

Reservation’s Conservation Code, so that the hunting, fishing, trapping, wild rice, and all other natural

resources of the reservations’ and Tribe’s may be preserved and protected. Where such reservation

laws and standards do not exist, and are not promulgated, these laws and standards will apply.

The Minnesota Chippewa Tribal Executive Committee fins that water is the primary resource of the

natural resource system. Thus, protecting the quality and quantity of the water resource is the primary

objective of these laws and, further, the inter-relationships of water and other natural resources is such

that the management of soil, timber, air and mineral resources has both direct and indirect effects upon

the quality and quantity of the water, fish, wild rice, and wildlife resources. These and all other

interactions of resources will be considered when planning and management activities are engaged.

The laws and standards which are contained herein will be interpreted to meet the goals of the above

stated policy.

Section 400 — Jurisdiction.

The jurisdiction of The Minnesota Chippewa Tribe under this Ordinance shall extend to:

a) All lands within the exterior boundaries of the reservations of the six member Bands of The

Minnesota Chippewa Tribe as created by treaty, Executive Order, or federal act, notwithstanding

the issuance of any patent, and including rights-of-way running through the reservations.

b) All dependent Minnesota Chippewa Tribe communities within the State of Minnesota.

c) All Minnesota Chippewa Tribe Indian allotments, whether within or without the boundaries of

member reservations, the Indian titles to which have not been extinguished, including rights-of-way

running through the same.

Jurisdiction shall extend over all persons or corporations whether Indian or non-Indian.

Section 500 — Enforcement.

This Ordinance shall be enforced by Reservation Conservation Officers or any other duly appointed

officers of The Minnesota Chippewa Tribe or its member Bands or any other persons as provided by the

Ordinances of The Minnesota Chippewa Tribe or its member Bands.

Section 600 — Violations and Penalties.

Any violation of this Ordinance shall be considered a civil offense subject to the following penalties:

a) Pay the cost of any necessary cleanup, restoration, or reclamation caused by the violation, as

ordered by any court or jurisdiction or by any administrative body with jurisdiction.

b) Pay any actual damages for injury to property, life, resources of any person, corporation, or

public body or governmental agency.

c) Pay as punitive damages a penalty of up to Five-Hundred Dollars ($500.00) per day for each

day of continuing violation.

d) All violations of this Ordinance may be enjoined by order of any court with jurisdiction to

prevent continuing violations. Any violation of said order shall be in addition to said above

penalties and subject to punishment for contempt of court. Punishment for said contempt shall

be at the discretion of the court, subject only to those limitations prescribed by law.

Section 700 — Notice of Violation.

The Minnesota Chippewa Tribe or its member Bands through their duly appointed officers shall give a

written notice to any violator of this Ordinance. Said notice shall be served upon any violator by giving

a copy of said notice to the violator if he/she can be located within the jurisdiction of The Minnesota

Chippewa Tribe or its member Bands. Service of said notice may be given by serving a copy to said

violator or leaving the notice at the residence or place of business of said violator with any person of

suitable age and who resides in the residence or is employed at the business of the violator. In the event

the person or business causing the violation is not within the jurisdiction of The Minnesota Chippewa

Tribe or its member Bands, then a notice may be posted on the land where offense is occurring. It shall

be posted in a conspicuous place. A copy shall also be mailed to the last known residence or business

address of the violator. Said notice shall specify the nature of the violation, the location of the

violation, and the Section of this Ordinance being violated. It shall set a date for a hearing before the

Court or Administrative body as established by Tribal law. Said hearing shall be no sooner than five (5)

days after service of said notice, In the event that no actual service can be made on a violator because

he cannot be found, does not have a residence or place of business within the jurisdiction of The

Minnesota Chippewa Tribe, then said notice of violation shall be published twice during two

consecutive weeks in a newspaper in the county where said violation occurred. An affidavit of said

publication shall be filed with the appropriate court or administrative body and shall constitute proof of

service of said notice.

In the event a defendant fails to appear before the court or appropriate administrative body on the date

set for a preliminary appearance, the court or administrative body may declare the defendant to be in

default and award any appropriate relief to the complainant as provided by this Ordinance.

In the event a defendant does appear on the date set in the notice of violation, the court or

administrative body hearing said matter shall set a date as soon as practicable for a full evidentiary

hearing on the violation if the violation if the defendant denies the violation or responsibility for the

violation,

Section 800 — Permits.

Permuts shall be required for all of the following activities and applications for said permits shall be on

forms supplied by The Minnesota Chippewa Tribe. Approval for said permits must be obtained from

the Reservation Business Committee on the reservation where said activity will occur. Fees for said

permits shall be the sum specified by the Tribal Executive Committee and so stated on the appropriate

application form.

Section 801 — Construction of septic systems and drain fields, and any other type of individual or multifamily sewage disposal system, whether the construction is for a new system or form the up-grading of

our old system.

Section 802 — Municipal, community, and village sewage treatment plant, and any other sewage

disposal system.

Section 803 — Any and all excavations, mining, road building, draining, dredging, filling, and any other

earth removal or disposition projects, with the exception of excavation necessary for single family

housing units.

Section 804 — Any and all insecticide, herbicide, fungicide, algaecide, and any other pesticide use, no

matter the application procedure, with the exception for household use of pesticides for public health

measures.

Section 805 — Any and all industrial and commercial point source discharges into any MCT waters.

Section 806 — Any and all commercial and private non-point source discharges into any MCT waters.

Section 807 — Any and all air emissions relating to the production of goods, products or materials.

Section 808 — Any and all forestry clearcutting activities and cutting of timber by any method where the

tract to be logged is adjacent to any lake, stream, pond or road.

Section 809 — Any and all developments and improvements of parks, landings, beaches, harbors and

canals and other related facilities, whether public or private.

Section 900 — Environmental Assessments and Impact Statements.

The issuance of any and all permits will be preceded by an Environmental Assessment Worksheet.

These assessments shall be completed by the MCT Research Laboratory, based upon work plans

submitted by the permittee, site inspection, laboratory analysis and any other pertinent data. If in the

findings of the assessment an Environmental Impact Statement is proposed, then a hearing to determine

the necessity of the Environmental Impact Statement will be conducted before the appropriate

Reservation Business Committee. If an Environmental Impact Statement is requested by the

Reservation Business Committee, the MCT Research Laboratory will produce and present, within

ninety (90) days of the date of request, and at the permittee’s expense, an EIS for public hearing before

said Reservation Business Committee. The decision of the Reservation Business Committee for

issuance or non-issuance of the permit based on the findings of the EIS shall be final.

Section 1000 — Format for the Environmental Impact Statement.

The components of all Environmental Impact Statements shall be as follows:

1. Environmental impacts, both beneficial and degrading.

2. Social impacts, both beneficial and degrading.

3. Economic impacts, both positive and negative.

Section 2000 — Variances

Any and all request for a variance from the provisions of the Ordinance shall be presented before, and

subject to, the approval of the appropriate Reservation Business Committee in the manner they shall

prescribe. The decision of the Reservation Business Committee shall be final.

Chapter 2 - Water.

Section 100 — Policy and Goals.

The waters of The Minnesota Chippewa Tribe will be protected from degradation. The quality of the

water will be maintained or improved to guarantee the treaty rights of the members of The Minnesota

Chippewa Tribe.

Section 200 — Definitions.

Section 201 — All standards will be interpreted to mean a maximum allowable limit unless otherwise

stated.

Section 202 — Ambient means that concentration which exists without point source pollution as

established by MCT Research lab.

Section 203 — LC50 means the concentration of toxicant that is lethal (fatal) to 50 percent of the

sensitive resident specie organisms tested under the test conditions in a specified time.

Section 204 — Toxicant, Toxic Substance means those pollutants or combination of pollutants, including

disease-causing agents, which after discharge and upon exposure, ingestion, inhalation, or assimilation

into any organism, either directly from the environment or indirectly by ingestion through food chains,

will, on the basis of information available to the MCT, cause death, disease, behavioral abnormalities,

cancer, genetic mutations, physiological malfunctions, including malfunctions in reproduction, or

physical deformation, in such organisms or their offspring.

Section 300 — Standards.

Section 301 ~— Constituent Concentration or Limits

Alkalinity 20 mg/l or more as CaCO3 for fresh

water aquatic life except where natural

concentration are less.

(Cont)

Ammonia

Arsenic

Barium

Constituent

Beryllium

Boron

Cadmiun

Chlorine

Chromium

Fecal Coliform Bacteria

Color

Copper

Cyanide

Gases, total dissolved

Tron

Lead

Manganese

Mercury

02mg/1 as (un-ionized ammonia) for

fresh water aquatic life.

50 ug/1 for domestic water supply

1 mg/1 for domestic water supply

Concentration or Limits

11 ug/1 for the protection of aquatic life

in soft fresh water 1,100 ug/l for the

protection of aquatic life in hard fresh

water

750 ug/1

10 ug/1 for domestic water supply

Aquatic Life

Soft water Hard water

0.4 ug/1 1.2 ug/1

2.0 ug/1 for salmonid fish

10 ug/1 for other fresh water fish.

50 ug/1 for domestic water supply

100 ug/1 for fresh water aquatic life

200 colonies/100 ml

75 color units on platinum — cobalt scale

for domestic water supplies.

1 mg/l for domestic water supply

0.1 x 96 hours LC50 for fresh water

aquatic life.

5.0 ug/1 for fresh aquatic life

110% of saturation at existing

atmosphere and hydrostatic pressures.

0.3. mg/l for domestic water supply

1.0 mg/1 for fresh water aquatic life

50 ug/l for domestic water supply

0.1 x 96 hour LCS50O for fresh water

aquatic life.

50 ug/l for domestic water supply and

fresh water aquatic life

2.0 ug/1 for domestic water supply .05

ug/1 for fresh water aquatic life

(Cont) Constituent

Nickel

Nitrate, Nitrite

Oil & Grease

Dissolved Solids & Salinity

Settleable & Suspended

Solids & Turbidity

Sulfide

Sulfate

Temperature

Dissolved 0 2

Pesticides

pH

Phenol

Phosphorus

Polychorinated Biphenyls (PCB)

Concentration or Limits

.O1 x 96 hour LCSO for fresh water

aquatic life.

10 mg/1 nitrate nitrogen for domestic

water supply, not to exceed ambient

NO2 NO3 for all other water systems, as

established by MCT Research Lab.

Domestic water supplies virtually free

from oil and grease .01x 96 hour LCS0

for fresh water aquatic life.

250 mg/1 for chlorides and sulfates in

domestic water supply

Natural Salinity % %Variation Permitted

0 to 3.5 1

3.5 to 13.5 2

13.5 to 35 4

Fresh water fish and other aquatic life;

settleable and suspended solids should

not reduce the depth of the compensation

point for photosynthetic activity.

2 ug/ 1 undissociated H2S for fresh

water aquatic life.

Not to exceed ambient SO4 for all

waters, as established by MCT Research

Lab.

No thermal pollution shall be discharged

into any waters of the reservations.

5.0 mg/l minimum for fresh water

aquatic life.

No measurable amounts of any pesticide

or any other toxicant will occur in any

surface or groundwater.

5 — 9 for domestic water supply

5.5 — 9.0 for fresh water aquatic life

1 ug /1 for all waters

Not to exceed ambient total phosphorus

for all water systems as established by

MCT Research Lab.

.001 ug/1 for all waters

(Cont) Constituent

Phthalate esters

Selenium

Silver

Zinc

Water Quantity

Litter

Chapter 3 — Air.

Section 100 ~ Policy and Goals.

Concentration or Limits

.lug/1 fresh water aquatic life

10 ug /1 for domestic water supply

01 x 96 hour LC50 for fresh water

aquatic life.

50 ug/1 for domestic water supply .01 x

96 hour LCS0 for fresh water aquatic life

5 mg/1 for domestic water supply .01 x

96 hour LC50 for fresh water aquatic

life.

any and all man made or man induced

regulation of water flow on or through

any reservation of the MCT shall be

subject to the stipulations set forth in

these MCT Natural Resources Protection

Laws for the provision of adequate water

quantities for the preservation and

protection of natural resources.

No littering, refuse or garbage disposal

will be permitted in any waters of the

MCT.

The air quality within the reservations is affected by many pollutants and chemicals, which may travel

through the atmosphere, from distant sources.

These chemicals and pollutants are deposited on

reservation lands and waters, the result being a direct threat to the natural resources of the reservation.

The standards which follow can protect the natural resources of the reservation. The attainability of this

protection lies with the national application of state-of-the-art technology for air pollution control.

Section 200 — Definitions.

Section 201 — BACT, best available control technology, means that method of limiting emissions to the

minimum amount possible.

Section 300 — Standards.

These standards will be those as set forth by 42USC Section 7474 and the Clean Air Act.

Chapter 4 — Soils

Section 100 ~ Policy and Goals.

The soils within The Minnesota Chippewa Tribe reservations are an integral part of the total natural

resource spectrum. Fish, furbearers, wild rice, and other wildlife, are directly affected by the types of,

and the maintenance of, vegetative cover upon the soils. The management of these soils will be within

this context. In addition, alternatives to chemical usage upon the soils shall be considered the policy of

the MCT.

Section 200 — Definitions,

Section 201 — Soils — All soils, metals, minerals, gases, liquid, gravels, or other elemented or

complexed materials in any physical state, which lie on or in the earth’s surface to a depth of 15 feet.

Section 300 - Standards

Section 301 - Natural erosion rectification measures, such as seeding, planting, or otherwise

establishing vegetative cover, will be utilized by the landowner.

Section 302 — Permits will be required for any project or development other than farming which

involves excavation, soil removal or disposition, and shall include provisions for the seeding or planting

to establish vegetative cover.

Section 303 — Agricultural lands shall be protected from wind and water erosion through the use of

sound agricultural principles, including but not limited to, terracing, tree breaks, grass waterways, and

maintaining vegetative cover on tilled lands during the non-growing season.

Section 400 — Subsurface Resources.

Section 401 — Groundwater — refer to Chapter 2.

Section 402 — All other subsurface resources will be managed at the discretion of the reservations.

Management will include analysis of potential environmental effects for all exploration, mining, or

extractions, which are or may be practiced on the reservations.

Chapter 5 — Forestry.

Section 100 — Policy and Goals.

The forestry resource on Indian lands of The Minnesota Chippewa Tribe will be managed to preserve

and protect said lands in a perpetually productive state. This will be done by applying sound

silvicultural practices to the harvesting of the timber, and by making provision for new forest growth as

timber is removed. The guiding document shall be CFR 25, part 141, Forestry Manual 53 BIAM, dated

June 12, 1978, and supplements. Any superceding documents pertaining to forestry management of

Indian lands will be subject to the approval of the governing body of The Minnesota Chippewa Tribe.

Section 200 — Standards.

Section 201 — No clearcutting of timber will be permitted within a 100 feet border of any lake, pond or

river.

Section 202 — No clearcutting of timber will be permitted within 100 feet of any road.

Section 203 —- Permits for logging will include stipulations for the re-seeding of logging equipment

trails.

Section 204 — Users of insecticides, herbicides, or any other chemicals or pesticides for forestry

management activities will be required to obtain a permit.

Chapter 6 — State Civil Jurisdiction.

Section 100 — State Civil Jurisdiction.

Any person damaged by a violation of this Ordinance may bring a civil cause of action in the

appropriate state court seeking damages pursuant to the provisions of Title 18, United States Code,

Section 1360: PL 83.280 which states:

Any Tribal ordinance or custom heretofore or hereafter adopted by an Indian tribe, band or

community in the exercise of any authority which it may possess shall, if not inconsistent with any

applicable civil law of the State, be given full force and effect in the determination of civil causes

of action pursuant to this section.

Added Aug. 15, 1953, ¢ 505 § 4, 67 Stat. 589, and amended Aug. 24, 1954,c 910 § 2, 68 Stat. 795;

Aug. 8, 1958, Pub. L. 85-615, § 2,72 Stat. 545.

This Ordinance shall be effective as of 12:01 A.M., November 23, 1980.

We do hereby certify that the foregoing Ordinance was duly presented and acted upon by a vote of 11

For, 0 Against, at a regular meeting of the Minnesota Chippewa Tribal Executive Committee, a quorum

present, held on October 22 & 23, 1980, at Grand Portage, Minnesota.

Darrell Wadena, President

THE MINNESOTA CHIPPEWA TRIBE

ATTEST: Daniel Morrison, Sr., Secretary

THE MINNESOTA CHIPPEWA TRIBE

MINNESOTA CHIPPEWA TRIBE

NATURAL RESOURCES PROTECTION ORDINANCE # 8

AMENDMENT

The Minnesota Chippewa Tribe, by a motion duly made and seconded, did on April 28-29, 1981, ata

regular meeting of the Tribal Executive Committee held at the Mille Lacs Reservation Community

Center, Vineland, Minnesota, amend the Minnesota Chippewa Tribe’s Natural Resources Protection

Ordinance No. 8 to provide:

that the enforcement and implementation of said Natural Resources Protection Ordinance shall be

delayed and the Ordinance shall not be in effect until further action and notice by the Tribal

Executive Committee.

THE MINNESOTA CHIPPEWA TRIBE

Darrell Wadena, President

ATTEST: Daniel Morrison, Sr., Secretary