01-10-92
ROSEBUD SIOUX TRIBE
RESOLUTION NO. 92-14
BE IT FURTHER RESOLVED, that the Tribal President is authorized to
sign the MOU on behalf of the Rosebud Sioux Tribe.
CERTIFICATION
This is to certify that the above Resolution No. 92-14 was duly passed
by the Rosebud Sioux Tribal Council in session on January 10, 1992, by
a vote of seventeen (17) in favor, zero (0) opposed and zero (0) not
voting. The said resolution was adopted pursuant to authority vested
in the Council. A quorum was present.
ATTEST:
____________________________________ ______________________________
Geraldine Gordon, Secretary Alex J. Lunderman, President
Rosebud Sioux Tribe Rosebud Sioux Tribe
ROSEBUD SIOUX TRIBE
RESOLUTION NO. 92-14
WHEREAS, the Rosebud Sioux Tribe is a federally recognized Indian
Tribe organized pursuant to the Indian Reorganization Act of 1934
and all pertinent amendments thereof; and
WHEREAS, the Rosebud Sioux Tribe is governed by a Tribal Council made
up of elected representatives who act in accordance with the powers
granted to it by its Constitution and By-Laws; and
WHEREAS, it is not known by the State of South Dakota as to what
kind of hazardous materials are shipped/transported through the State
including Rosebud Reservation; and
WHEREAS, the Rosebud Sioux Tribe is not aware of what type of hazardous
materials, that goes through the reservation highways; and
WHEREAS, there is high potential for mishaps, accidents, and spillage
of hazardous materials, as they are transported or stored within Rosebud
Reservation; and
WHEREAS, the Rosebud Sioux Tribe Water Resources Program received some
funds under Superfund Title III Hazardous Materials Community-Right-to
know in FY 1989-90; and
WHEREAS, the funds were used to provide training to the Water
Resources, Natural Resources, BIA Law and Order, Ambulance Service and
other community members; and
WHEREAS, the funds were also used to draft a Memorandum of Understanding
among the US EPA, the State of South Dakota and the tribe on
implementation of Title III Emergency Planning and Response to hazardous
material accidents; and
WHEREAS, it is imperative that in the absence of a tribal full fledged
haz-mat monitoring, prevention and remidiation program in place, a
cooperative agreement with US EPA and the State of South Dakota be an
alternative; and
WHEREAS, the draft Memorandum of Understanding were reviewed by the
State Attorney General's Office and the Tribal Attorney and agreed
upon; and
WHEREAS, the Tribal Land & Natural Resources Committee reviewed the
MOU and approves of it; now
THEREFORE BE IT RESOLVED, that the Tribal Council approves the
Memorandum of understanding with the State of South Dakota and US EPA
on implementation of Title III Emergency Planning and Providing for
Emergency Response to release of hazardous substance and petroleum
on the Rosebud Reservation; and
MEMORANDUM OF UNDERSTANDING
AMONG
THE ROSEBUD SIOUX TRIBE
THE
STATE OF SOUTH DAKOTA
AND THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGARDING THE IMPLEMENTATION OF
TITLE III
EMERGENCY PLANNING
AND
PROVIDING FOR EMERGENCY RESPONSE TO
RELEASE OF HAZARDOUS SUBSTANCES
AND PETROLEUM
MEMORANDUM OF UNDERSTANDING FOR THE JOINT
EXERCISE OF GOVERNMENTAL POWERS REGARDING THE
IMPLEMENTATION OF TITLE III EMERGENCY PLANNING
AND PROVIDING FOR EMERGENCY RESPONSE TO RELEASES
OF HAZARDOUS SUBSTANCES OR PETROLEUM AMONG THE
STATE OF SOUTH DAKOTA, THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY AND THE ROSEBUD SIOUX TRIBE
The State of South Dakota, by and through the Secretary of the
Department of Environment and Natural resources, hereinafter
"State," hereby enters this Memorandum of Understanding pursuant
to the provisions of SDCL 1-24-2. The United States Environmental
Protection Agency, hereinafter "EPA," hereby enters this
Memorandum of Understanding pursuant to authority granted in
______________________________. The Rosebud Sioux Tribe,
hereinafter "Tribe," hereby enters this Memorandum of
Understanding pursuant to authority granted by
the Constitution of the Rosebud.
Sioux Tribe
I. Purpose of Memorandum of Understanding.
The purpose of this Memorandum of Understanding is to provide for
the joint implementation of the provisions of the Emergency Planning
and Community Right-to-Know Act of 1986 (Title III of the
Superfund Amendments and Reauthorization Act, 42 U.S.C () 110001
through 11050), hereinafter "Title III," and to provide for
emergency responses to releases of hazardous substances or petroleum
occurring on the Rosebud Sioux Reservation. The parties are
entering this Memorandum of Understanding in order to protect the
public health, the environment and the natural resources of the
Rosebud Sioux Tribe and the State of South Dakota from threats of
pollution from hazardous substance or petroleum releases. This
Memorandum of Understanding improves the ability of the Tribe to
respond to releases of hazardous substances or petroleum by
assisting it in developing its own emergency planning and community
right-to-know program. This Memorandum of Understanding also
provides for EPA and, under certain circumstances, for State
emergency responses actions to be taken upon land lying within the
reservation as a result of the release of hazardous substances or
petroleum products.
II. Emergency Planning and Community Right-to-Know.
A. The Tribe, the State and EPA agree to work together in
developing a comprehensive Title III emergency planning and
community right-to-know program for the Rosebud Sioux
Reservation.
B. In the furtherance of this goal, the State agrees to provide
technical assistance to the Tribe as follows:
1. The State will invite representatives of the Tribe to
attend Title III training sessions sponsored by the
State.
2. The State will provide guidance documents to the Tribe on
Title III emergency planning procedure.
3. The State will provide the Tribe with access to hazardous
chemical reports information as necessary or useful in
developing the Tribe's Title III program.
c. The Tribe will:
1. Appoint a Reservation Emergency Response Committee to
undertake development of the Tribe's Title III program.
2. Negotiate intergovernmental agreements between the Tribe,
the State and the county governments which lie within the
exterior boundaries of the Reservations (trust lands as
necessary) for the long-range development and
implementation of Title III regulations on the Rosebud
Sioux Reservation.
3. Develop and implement a Title III data management and
inventory program for hazardous chemicals, extremely
hazardous substances and toxic chemicals stored or used
within the reservation. These programs will include
enforceable reporting requirements, tribal codes, and
administrative procedures, as duly adopted by the Rosebud
Tribal Council.
4. Develop plans for funding, data management, and future
program activities.
5. Develop the necessary support staff and infrastructure to
enforce Title III tribal ordinances and to resolve any
regulator/regulatee conflicts which may arise in the
course of enforcement of the Title III ordinances.
D. EPA will provide the following assistance to the Tribe:
1. EPA will provide technical assistance to the tribe on
topics related the Title III software use.
2. EPA will provide training assistance as follows:
a. EPA provides training funds to the Federal Emergency
Management Agency, "FEMA," under Title III, () 305a.
These funds are used to provide various emergency
training programs for state and local governments.
EPA will provide instructors and assistance form
these training programs as requested by the Tribe or
FEMA, assuming the availability of funds.
b. EPA will participate in training provided by the
Regional Response Team, assuming funds are available
for such purposes.
3. EPA will process enforcement referrals from the Tribe or
individuals living within the exterior boundaries of the
reservation in a matter consistent with referrals
received from the State Emergency Response Commission.
E. The parties will consult with each other on title III
hazardous substance and environmental issues of mutual
concern within or near the Rosebud Sioux Reservation. The
parties will endeavor to establish and maintain close
communications and coordination with each other in order to
protect the public health, the environment and the natural
resources of the Reservation and of the State from the threat
of pollution by hazardous substances or petroleum products.
III. Emergency Response.
A. EPA agrees to provide emergency response activities for
releases of hazardous substances or petroleum products that
occur within the exterior boundaries of the Rosebud Sioux
Reservation. The State agrees to respond to incidents in the
same manner as the State would respond to any incident that
occurred off the Reservation, subject to the restrictions of
SDCL Title 34A. The State may, consistent with the
requirements of the national contingency plan, refer an
incident response to EPA at any point during a State Response.
Emergency response activities will include all actions the
State of EPA, pending upon which party is responding to the
release, deems necessary to contain and stabilize a release
so that it no longer presents an immediate hazard to public
health or the environment.
B. The Tribe agrees to cooperate with the State and EPA whenever
either party undertakes emergency response actions on the
Rosebud Sioux Reservation.
C. For purposes of allowing the State and EPA to conduct
emergency responses under this section, the Tribe also agrees
to notify the State and the National Response Center in the
event it discovers any release of a hazardous substance or
petroleum product.
D. The Tribe agrees to support the State and EPA, and their
contractors and agents, in entering upon trust land held in
the name of the United States of America for the Rosebud Sioux
Tribe or its individual members, to respond to a release of a
hazardous substance or petroleum product. In entering into
this agreement, neither the Tribe nor the State intends to
resolve the issue, or establish a precedent as to the
resolution of the issue of whether tribal authorization is
required for the State respond to incidents on fee lands or
within the exterior boundaries of the reservation.
E. The State and EPA agree to notify and request consultation
with the Tribe by calling BIA law enforcement, (605) 747-2266,
prior to initiating an emergency response within the
exterior boundaries of the Rosebud Sioux Reservation, unless
the nature of the emergency does not allow for prior
notification and consultation. If the nature of the emergency
does not allow notification and consultation prior to
commencement of the emergency response, the State or EPA will
notify and consult with the Tribe as soon as practicable.
F. The State or EPA my identify, locate, monitor, contain and
remove hazardous substances or petroleum products, should the
person or persons responsible for the release fail to take
adequate action. The Tribe and EPA may dispose of hazardous
substances or petroleum products should the person or persons
responsible for the release not take adequate action. The
State will not take final disposal actions with regard to any
hazardous substance or petroleum product which it has
contained or removed pursuant to this Memorandum; it will turn
responsibility for disposal over to the Tribe upon completion
of containment or removal.
G. The parties may seek compensation from a responsible party
for the costs of response activities in any appropriate
judicial forum. To the extent that a tribal court is an
appropriate forum, the State shall have standing in any tribal
court to seek compensation for its costs from responsible
parties.
IV. No waiver of sovereignty.
It is hereby understood by the parties that this Memorandum of
Understanding in no way waives the sovereignty of the Rosebud
Sioux Tribe, the State of South Dakota, or the United States, nor
affects the existing authority of any of the parties involved.
V. Term of agreement.
This Memorandum of Understanding shall remain in effect for one
year, at which time the parties shall evaluate the accomplishments
made under the Memorandum of Understanding. The review of
the Memorandum of Understanding may lead to a long-term agreement
among the parties.
Dated this 3 day of February, 1992
______________________________
Alex J. Lunderman, President
Rosebud Sioux Tribe
Dated this 30th day of March, 1992
Robert E. Roberts, Secretary
Department of Environment
and Natural Resources
State of South Dakota
Dated this ___ day of ______, 1992
_____________________________
James Scherer
Regional Administrator
United States Environmental
Protection Agency
STATE AFFAIRS AND GOVERNMENT
(1) Provision for an administrator or a joint board responsible
for administering the joint or cooperative undertaking. In
the case of a joint board public agencies party to the
agreement shall be represented; and
(2) The manner of acquiring, holding, and disposing of real and
personal property used in the joint or cooperative
undertaking.
Source: SL 1966, ch 187. Section 5.
1-24-6. Agreements to be approved by state agency. In the event
that an agreement made pursuant to Sections 1-24-2 to 1-24-9,
inclusive, shall deal in whole or in part with the provision of
services or facilities with regard to which an officer or agency of the
state government has constitutional or statutory powers of control, the
agreement shall, as a condition precedent to its entry into force, be
submitted to the state officer or agency having such power of control
and shall be approved or disapproved by him or it as to all matters
within his or its jurisdiction.
Source: SL 1966, ch187, Section 7; 1973, ch S.
1-24-6.1. Agreements filed with attorney general and legislative
research council - Time. A copy of any agreement entered into pursuant
to this chapter to which any state agency is a party shall be filed
with the attorney general and the legislative research council not more
than fourteen days after being executed.
Source: SL 1975, ch14, Sections 2; 1976, ch 13;
1980, ch 15, Sections 4; 1980, ch16.
Cross-References.
Interim rules review committee,
Sections 1-26-1.1 to 1-26-1.3.
1-24-7. Appropriation of funds and services to carry out agreement.
Any public agency entering into an agreement pursuant to Sections 1-24-2
to 1-24-9, inclusive, may appropriate funds and may sell, lease, give or
otherwise supply the administrative joint board or other legal or
administrative entity created to operate the joint or cooperative
undertaking by providing such personnel or services therefor as
may be within its legal power to furnish.
Source: SL 1966, ch 187, Section 8.
1-24-8. Contracts for service by public agencies. Any one or
more public agencies may contract with any one or more other public
agencies to perform any governmental service, activity, or undertaking
which any public agency entering into the contract is authorized by
law to perform; provided, however, that such contract shall be
authorized by the governing body of each party to the contract. Such
contract shall set forth fully the purposes, powers, rights, objectives
and responsibilities of the contracting parties.
Source: SL 1966, ch 187, Section 9; 1974, ch 14.
section 2.
Opinions of Attorney General.
Counties' participation in cost of
highway right-of-way on state trunk
system.
PRIVATE CONSULTANTS TO STATE AGENCIES
1-24-9. Agencies not relieved from obligations by agreement.
No agreement made pursuant to Sections 1-24-2 to 1-24-8, inclusive,
shall relieve any public agency of any obligation or responsibility
imposed upon it by law except that to the extent of actual and timely
performance thereof by a joint board or other legal or administrative
entity created by an agreement made hereunder, which performance may be
offered in satisfaction of the obligation or responsibility.
Source: SL 1966, ch 187, Section 6.
Opinions of Attorney General.
County commissioners prohibited from constructing 1-H building
ILLEGIBLE renting to other agencies ILLEGIBLE is joint effort.
Opinion No. 74-13.
1-24-10. Severability of provisions. If a part of this chapter is
invalid, all valid parts that are severable from the invalid part
remain in effect. If a part of this chapter is invalid in one or more
of ILLEGIBLE applications, the part remains in effect in all valid
applications that are severable from the invalid applications.
Source: SL 1966, ch 187, Section 10.
CHAPTER 1-24A
PRIVATE CONSULTANTS TO STATE AGENCIES
Section
1-24A-1. Consulting contracts filed with state auditor - Time.
1-24A-2. "State agency" defined.
1-24A-3. "Consulting contract" defined.
1-24A-1. Consulting contracts filed with state auditor - Time.
A copy of all consulting contracts entered into by a state agency with
a nongovernmental party shall be filed by the agency with the state
auditor within five days after such contract is entered into and final,
approved by the contracting parties.
Source: SL 1980, ch 15, Section 1.
1-24A-2. "State agency" defined. The term "state agency,"
used in Section 1-24A-1, means any association, authority, board,
commission, committee, council, department, division, office, officer,
task force or other agent of the state vested with the authority to
exercise an portion of the state's sovereignty.
Source: SL 1980, ch 15, Section 2.
1-24A-3. "Consulting contract" defined. The term "consulting
contract," as used in Section 1-24A-1, means a written contract or
written agreement for consulting services to the state paid out of
ILLEGIBLE services accounts as defined by the state accounting manual
in ILLEGIBLE as of January 1, 1980.
Source: SL 1980, ch 15, Section 3.
DIVISION OF ENVIRONMENTAL REGULATION
DEPARTMENT OF WATER AND NATURAL RESOURCES
DOCUMENT REVIEW SIGN-OFF SHEET
Review of this document has been completed by:
________________________________________ 3/26/92
Origination Person's Signature date
Review of this document has been completed by:
________________________________________ 3/30/92
Division Director's Signature date
Review of this document has been completed by:
________________________________________ 3/27/92
Legal Advisor's Signature date
Please note statutory formalities for "joint powers
agreements" under SDCL 1-24-6.1.
Review of this document has been completed by:
________________________________________ 3/27/92
Attorney General Office Signature date
Review of this document has been completed by:
________________________________________ 3/30/92
Department Secretary's Signature date
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