Division of Natural Resources — Concentrated Animal Feeding Operation Moratorium Extension

Page 1of1

WERBC Resolution

Division of Natural Resources — Concentrated Animal Feeding Operation Moratorium Extension

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHITE EARTH RESERVATION BUSINESS COMMITTEE

WHITE EARTH BAND OF CHIPPEWA INDIANS

Resolution No. JO7-fF. =L02

the White Earth Reservation Business Committee is the duly elected governing

body of the White Earth Reservation pursuant to Article VI, Section 1, of the

revised constitution of the Minnesota Chippewa Tribe, as amended, and

organized under Section 16, of the Act of June 18, 1934 (48 Stat. 984), and

the White Earth Reservation Business Committee is the duly authorized

governing body of the White Earth Band, and

the White Earth Reservation Business Committee adopted the White Earth

Reservation Environmental Code for the protection, management, enforcement

and enhancement of all natural resources within the Reservation boundaries

(Resolution No. 057-11-001). A copy of which is incorporated by reference, and

the White Earth Reservation Business Committee established the White Earth

Division of Natural Resources (WEDNR) to protect, restore and regulate the

natural resources of the Band and its Band Members in order to ensure

environmental and human health and _ spiritual, cultural and economic

sustainability of the Band, and

the White Earth Reservation Business Committee enacted Resolution No. 057-

23-006A (Technical Amendment), also known as “CAFO Moratorium,” and

the WEDNR continues to ensure interdisciplinary process of data collection,

review, analysis, and regulatory and technology development sufficient to

regulate CAFOs and AFO environmental hazards in a manner that protects White

Earth Nation’s interests in human health, natural resource protection and

economic security, now

THEREFORE BE IT RESOLVED, that the White Earth Reservation Business Committee hereby

extends the CAFO Moratorium, Resolution No. 057-23-006A, for another 2 years from this date.

We do hereby certify that the foregoing resolution was adopted by a vote of. 4 for, a

against,

Reservation Business Committee held

Minnesota.

silent, a quorum being

resent af a regular meeting of the White Earth

\ bf 2024 in

ZMichael A. Fairbanks, cae

Michael LaRoque, Sécretary/Treasurer

CURRENT CAFO MORATORIUM

IN EFFECT

ON FOLLOWING PAGE

Page 1 of 5

WERBC Resolution

Division of Natural Resources — Concentrated Animal Feeding Operation Moratorium (Technical Amendment)

WHITE EARTH RESERVATION BUSINESS COMMITTEE

WHITE EARTH BAND OF CHIPPEWA INDIANS

Resolution No. OS'7- 23-096 A

Ordinance Imposing a Moratorium on Concentrated Animal Feeding Operation and Animal

Feedlot Operation Environmental Hazard Construction Inconsistent With Existing Activities

and Land Uses, And Expansion of Concentrated Animal Feeding Operation and Animal Feedlot

Operation Environmental Hazard Activities and Land Uses Pending the Study of Possible

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

Regulatory Action.

the White Earth Reservation Business Committee is the duly elected governing

body of the White Earth Reservation pursuant to Article VI, Section 1, of the

revised constitution of the Minnesota Chippewa Tribe, as amended, and organized

under Section 16, of the Act of June 18, 1934 (48 Stat. 984), and

the White Earth Reservation Business Committee is the duly authorized governing

body of the White Earth Band, and

the White Earth Reservation Business Committee adopted the White Earth

Reservation, Environmental Code, including the Band’s Zoning Code, for the

protection, management, enforcement and enhancement of all natural resources

within the Reservation boundaries (Resolution number 057-11-001). A copy of

which is incorporated by reference, and

the White Earth Reservation Business Committee established the White Earth

Division of Natural Resources (WEDNR) to protect, restore and regulate the

natural resources of the Band and its Band Members in order to ensure

environmental and human health and spiritual, cultural and economic

sustainability of the Band, and

the White Earth Reservation Business Committee defines Concentrated Animal

Feeding Operations (“CAFOs”) as a facility at which (i) for not less than a total of

45 days in any 12-month period, animals are stabled or confined or fed or

-naintained;-{ii)-creps, vegetation, forage growth, or postharvest residues are not

sustained in the normal growing season over any portion of the lot or facility and

(ili) not less than 700 mature dairy cows, 1,000 veal calves, 1,000 cattle other than

mature dairy cows or veal calves, 2,500 swine (each weighing not less than 55

pounds), 10,000 swine (each weighing not more than 55 pounds), 500 horses,

10,000 sheep or lambs, 55,000 turkeys, 30,000 laying hens/broilers, 125,000

chickens, 82,000 laying hens, or 5,000 ducks are present, and

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WERBC Resolution

Division of Natural Resources — Concentrated Animal Feeding Operation Moratorium (Technical Amendment)

WHEREAS,

the White Earth Reservation Business Committee defines Animal Feedlot

Operations (“AFOs”) as a lot or building or combination of lots and buildings

intended for the confined feeding, breeding, raising, or holding of animals and

specifically designed as a confinement area in which manure may accumulate, or

where the concentration of animals is such that a vegetative cover cannot be

maintained within the enclosure. Open lots used for the feeding and rearing of

poultry shall be considered to be animal feedlots, and

WHEREAS, the White Earth Reservation Business Committee identifies AFOs as environmental

WHEREAS,

WHEREAS,

WHEREAS,

hazards if (i) not less than 525 mature dairy cows, 750 veal calves, 750 cattle, 1,875

swine (each weighing not less than 55 pounds), 7,500 swine (each weighing not

more than 55 pounds), 375 horses, 7,500 sheep or lambs, 41,250 turkeys, 22,500

laying hens/broilers or 3,750 ducks are present and (ii) they present a potential or

immediate risk of pollution to or depletion of ground or surface water as

determined by a review or inspection undertaken by the WEDNR after taking into

consideration: the size of an animal feedlot or manure storage area, the amount

of water to be used, the amount of pollutants reaching or that may reach ground

or surface waters, the location of the animal feedlot or manure storage area

relative to ground and surface waters, the means of conveyance of animal manure

or process wastewater into ground or surface waters, and the slope, vegetation,

rainfall, and other factors affecting the likelihood or frequency of discharge of

animal manure or process wastewater into ground or surface water, and

the White Earth Reservation includes 530 lakes, 300 miles of rivers and streams,

167,878 acres of wetlands and substantial groundwater resources contained in

shallow, unconfined and deeper, layered aquifers, all of which are integral to the

economic security and the health and welfare of the Band, and

the WEDNR, working with relevant scientific and community experts, has

thoroughly analyzed_and identified substantial individual and cumulative water

quality threats from the operation of CAFOs and AFO environmental hazards on

the White Earth Reservation including E.coli, dissolved oxygen, turbidity,

phosphorus and nitrogen environmental and impairments, and

the WEDNR, working with relevant scientific and community experts, has

thoroughly analyzed and identified substantial individual and cumulative water

Sra ntity threats including water table drawdown, residential and-community well-

WHEREAS,

interference and surface waterbody drawdown, dissolved oxygen impairment and

temperature impairment from the operation of high-capacity water wells

associated with CAFOs and AFO environmental hazards on the White Earth

Reservation, and

the WEDNR, working with relevant scientific and community experts, has analyzed

and identified substantial individual and cumulative air quality threats including

the emission of hazardous chemical gases such as ammonia, hydrogen sulfide and

2

Page 3 of 5

WERBC Resolution

Division of Natural Resources — Concentrated Animal Feeding Operation Moratorium (Technical Amendment)

WHEREAS,

WHEREAS,

WHEREAS,

> WHEREAS,

WHEREAS,

WHEREAS,

methane from the operation of CAFOs and AFO environmental hazards on the

White Earth Reservation, and

the WEDNR, working with relevant scientific and community experts, has analyzed

and identified substantial individual and cumulative human health threats

including cancer, brain damage, dizziness, headache, nausea, sore throats,

sinusitis, burning eyes, acute gastrointestinal illness, increased cardiovascular

mortality risk, anemia, kidney disease and septicemia from the operation of CAFOs

and AFO environmental hazards on the White Earth Reservation, and

the WEDNR has identified that the individual and cumulative air, water and human

health threats from the operation of CAFOs and AFO environmental hazards on

the White Earth Reservation directly threaten the health, welfare, natural

resources, economic security and cultural continuity of the Band, and

the Band possesses “inherent powers of a limited sovereignty which has never

been extinguished” and has plenary and exclusive power over its members and

territory subject only to limitations imposed by federal law, United States v.

Wheeler, 435 U.S. 313, 322-23 (1978); Worcester v. Georgia, 31 U.S. 515,555

(1832), and

withthe establishment of the White Earth Reservation, the Band obtained federal

property rights to a sufficient quantity and quality of water to fulfill the purposes

of the reservation now and in the future, United States v. Winans, 198 U.S. 371

(1905), Winters v. United States, 207 U.S. 564 (1908), and

the Band is entitled to sufficient quantity and quality of water in order to make

the reservation livable, enable tribal! members to maintain customary ways of life

and permit tribal members to change and adopt to new ways of life, Arizona v.

California, 373.U.S. 546, 599 (1963); Menominee Tribe v. United States, 391 U.S.

404, 406 (1968); Winters v. United States, 207 U.S. 56, 577 (1908), and

federal-law provides that the Band “retain[s] inherent power to exercise civil

authority over the conduct of non-Indians on fee lands within its reservation when

-that conduct threatens or has some direct effect on the political integrity, the

economic security, or the health or welfare of the tribe.” Montana v. United

States, 450 U.S, 544, 565,66 (1981).

NOW, THEREFORE, in consideration of the above Recitals, which are incorporated herein by

reference, the White Earth Reservation Business Committee pursuant to the above referenced

authority, scientific and cultural review and recommendation of the WEDNR, and after reviewing

the materials in the record including scientific studies, news reports, violation data, testimony of

community members, testimony of organizations and reports of outside experts ordains as

follows:

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WERBC Resolution

Division of Natural Resources — Concentrated Animal Feeding Operation Moratorium (Technical Amendment)

Section 1—Title and Purpose:

1.1 Title. The title of this Ordinance is the White Earth Band of Minnesota Chippewa Indians’

Moratorium on Concentrated Animal Feeding Operation and Animal Feedlot Operation

Environmental Hazard Construction Inconsistent With Existing Activities and Land Uses,

And Expansion of Concentrated Animal Feeding Operation and Animal Feedlot

Environmental Hazard Operation Activities and Land Uses Pending the Study of Possible

Regulatory Action.

1.2 Purpose. The purpose of this moratorium is to allow the Band sufficient time to undertake an

interdisciplinary process of data collection, review, analysis and regulatory and technology

development sufficient to regulate CAFOs and AFO environmental hazards in a manner that

protects the Band’s core interests related to human health, natural resource protection and

ecenomic security. A moratorium is necessary for the reasons set forth in the Recitals and

consistent with the findings made by the White Earth Reservation Business Committee, each

and all of which are incorporated herein by reference.

Section 2 — Authority:

2.1 The White Earth Reservation Business Committee relies on the authorities set forth in the

Recitals.

Section 3 — Moratorium Imposed:

3.1 For the duration of the Moratorium, the White Earth Reservation Business Committee

prohibits CAFO and AFO environmental hazard construction inconsistent with existing activities

and land use, changes in existing CAFO and AFO environmental hazard activities and land use,

and expansion of CAFOs and AFO environmental hazard existing activities and land uses within

the exterior boundaries of the White Earth Reservation.

Section 4 — Duration of the Moratorium:

4:1 The Moratorium shall be in effect for two years from the date of adoption, unless terminated

earlier or extended further by an ordinance duly adopted by the White Earth Reservation

Business Committee.

Section 5 — Action Anticipated During the Moratorium:

5.1 The White Earth Reservation Business Committee, working with the WEDNR and outside

experts, shall review the Band’s Zoning Ordinances and conduct an interdisciplinary study of

water quality, water quantity, soil health, air, and environmental and human health impacts from

location of additional or expansion of existing CAFOs or AFO environmental hazards within the

exterior boundaries of the White Earth Reservation to develop appropriate regulatory controls

for such facilities. The White Earth Reservation Business Committee, working with the WEDNR

and outside experts, shall also work to develop priority protection areas based on identified

4

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WERBC Resolution

Division of Natural Resources — Concentrated Animal Feeding Operation Moratorium (Technical Amendment)

natural resource concerns as well as Geographic Information Systems (GIS) tools to map and

evaluate risks and harms from the operation of CAFOs and AFO environmental hazards, including

manure land-spreading activities, within the exterior boundaries of the White Earth Reservation.

5.2 The White Earth Reservation Business Committee shall act upon recommendations from the

community, WEDNR and outside experts as deemed necessary to protect the public health and

welfare, natural resources and economic security of the Band.

5.3. The White Earth Reservation Business Committee shall take such action as it deems

appropriate to terminate or extend the Moratorium within two years of its passage.

Section 6 ~ Effective date:

6.1 This ordinance shall be effective at the time of its passage by the White Earth Reservation

Business Committee.

The White Earth Reservation Business Committee does hereby certify that the foregoing

resolution and ordinance was adopted by a vote of _4 for, OQ against, OQ silent, a

quorum being present at a meeting of the White Earth Reservation Business Committee held

on 2022 in i Minnesota.

Aiicheet K Fairbanks, Chairman

c

fe eA

Michael LaRoque,

retary/TI reasurer