09-09-90
ENVIRONMENTAL POLICY ACT OF 1990
TITLE I
SHORT TITLE; FINDINGS; DECLARATION OF POLICY
Section 101. Short Title. This Act shall be known as the Campo
Band of Missions Indians Environmental Policy Act of 1990 (the "Act").
Section 102. General Council Findings and Declarations. The
General Council of the Campo Band of Mission Indians (the "General
Council"), after careful review of the quality of the natural
environment of the Campo Indian Reservation (the "Reservation") and
the federal laws and policies relating to environmental regulation,
finds and declares as follows:
(a) The federal government, through its various agencies
and departments, cannot provide adequate protection for
the land, air, and water resources of the Reservation.
(b) Current, past, and proposed future uses of the natural
resources of the Reservation have created or may create
a threat to the environment and to the health and
welfare of the residents of the Reservation.
(c) The Campo Band of Mission Indians (the "Campo Band"),
pursuant to its inherent sovereignty and federal law,
possesses the authority to provide for the
comprehensive regulation of environmental quality
within the exterior boundaries of the Reservation.
Section 103. Declaration of Policy. To promote the health and
welfare of the residents of the Reservation and in furtherance of the
sovereign right of self-governance of the Campo Band, the General
Council declares its commitment to the establishment and maintenance
of the highest attainable standards of environmental quality within
the exterior boundaries of the Reservation.
TITLE II
CAMPO ENVIRONMENTAL PROTECTION AGENCY
Section 201. Establishment. There is hereby established the
Campo Environmental Protection Agency ("CEPA").
Section 202. Governing Body: Appointment; Terms; Vacancies.
CEPA shall be governed by a Board of Commissioners (the "Board"),
which shall be composed of three (3) Commissioners, all of whom shall
be members of the Campo Band. The Commissioners shall be appointed by
the Chairman of the Campo Band with the advice and consent of the
General Council. Each Commissioner shall serve for a term of four (4)
years, provided that, in order to stagger the terms of office, one of
the original Commissioners shall be appointed for a term of two (2)
years, one for a term of three (3) years, and one for a term of four
(4) years. A vacancy on the Board, howsoever caused, will be filled
by the appointment procedure set forth in this Section, provided that
any appointment that does not begin coincident with the staggered
terms will be shortened as necessary to maintain the staggered terms.
Section 203. Chairman; Quorum, Meetings. The Commissioners shall
elect a Chairman from among themselves. The business of the Board
will be conducted at meetings of the Board duly called and noticed and
at which a quorum is present. A quorum shall consist of two (2)
Commissioners. Any substantive action of the Board must be taken by
the affirmative votes of at least two (2) Commissioners and must be
recorded in a written resolution of the Board. The Board shall meet
at such places and times as may be necessary for the discharge of its
duties. Meetings of the Board may be called by the Chairman or by tow
(2) of the Commissioners. Any meeting of the Board shall be preceded
by at least five (5) days notice to the Commissioners.
Section 204. Duties and Powers of the Board. The Board is hereby
authorized and empowered to:
(a) Develop environmental codes and accompanying
regulations and procedures to protect the environment
and promote the quality of the land, air, and water
resources of the Reservation, and to propose such codes
and regulations for adoption by the General Council.
(b) Issue, modify, and revoke permits and establish terms
and conditions for any discharge into or upon the land,
air, or water of the Reservation.
(c) Conduct hearings and receive testimony and documentary
evidence of any nature relating to the quality of the
environment on the Reservation.
(d) Establish rules and procedures for the conduct of the
business of the Board.
(e) Establish rules and procedures to ensure the maximum
public participation in the decisions of the Board,
consistent with applicable Tribal and federal laws.
(f) Establish rules and procedures to protect the
confidentiality of information that is proprietary in
nature.
(g) Hire such staff and enter into such contracts for
services as may be necessary and appropriate for
maintaining and enforcing Tribal environmental codes
and regulations and for the furtherance of the work of
CEPA.
(h) With the approval of the General Council, apply for and
receive financial assistance for the purpose of
promoting and protecting the quality of the environment.
(i) Appoint one or more hearing officers to assist the
Board in the resolution of disputes and the acquisition
of information.
(j) Participate as a cooperating agency in the preparation
of Environmental Impact Statements pursuant to the
National Environmental Policy Act, 42 U.S.C. 4321-370a
("NEPA").
(k) Serve as the lead Tribal agency for purposes of federal
environmental laws and, with the approval of the
General Council, assume primary enforcement
responsibility under such laws.
(l) Establish and assess fees and conditions for the
issuance, continuance, modification, and revocation of
any permit.
(m) With the approval of the General Council, establish a
system of civil fines, sanctions, and penalties for
violations of Tribal environmental codes and
regulations, provided, however, that no fine or penalty
shall exceed $5000 per day per violation, and provided
further, that no fine or penalty shall be imposed
without notice and an opportunity for a hearing before
the Campo Band Environmental Court.
TITLE III
MISCELLANEOUS PROVISIONS
Section 301. Review of Commission Actions.
(a) There hereby is established the Campo Band
Environmental Court ("Environmental Court"). The
Environmental Court shall hear appeals from final
actions and decisions of the Board in accordance with
such rules and procedures as CEPA may establish by
regulation. Any affected party may seek review of any
final action or decision of the Board by filing an
appeal in the Environmental Court within thirty (30)
days of the entry of the final action or decision from
which the appeal is taken. The Environmental Court
shall hear appeals from the final actions or decision
only after exhaustion of all administrative remedies
provided by CEPA. The Environmental Court shall, upon
the petition of an affected party, conduct a review of
the record of the proceedings of CEPA but shall not
take new evidence; it may modify or reverse a decision
or action of CEPA only where such action or decision is
not supported by law or is clearly arbitrary and
capricious. CEPA, upon request of the Environmental
Court, shall provide to the Environmental Court a
certified copy of all documents, records, transcripts,
or other information that formed the basis for any
action or decision as to which an affected party seeks
review. The action of the Environmental Court on
appeal shall be final.
(b) The Campo Band, acting by and through the General
Council, shall have standing to object to any final
action or decision of CEPA and may appeal such final
action or decision in the Environmental Court, subject
to the provisions of this Section.
Section 302. Waiver of Immunity. The General Council hereby waives
the sovereign immunity of CEPA for the express and sole purpose of
allowing reviews of CEPA by the Environmental Court under 301,
provided that any such appeal must be timely and properly filed, and
provided further, that such waiver is made only to the extent
necessary to subject CEPA to suit for the sole purpose of declaring
and adjudging rights and obligations under the environmental codes and
regulations of the Campo Band. This waiver is strictly limited,
specifically does not waive CEPA's immunity from suit for monetary
damages, and specifically does not waive the sovereign immunity of the
General Council, the Campo Band, or any officer, employee, or agent
thereof.
Section 303. Unlawful Acts.
(a) It is prohibited for any person:
(1) Forcibly, or by bribe, threat, or other corrupt
practice, to obstruct or impede the activities of
CEPA and the Board;
(2) To commit fraud, or knowingly to assist another in
the commission of fraud, with the intent to evade
or defeat Tribal environmental codes or
regulations; or
(3) With knowledge and intent, falsely to verify by
written declaration any report, application for
permit, or any other document submitted to or
requested by CEPA.
(b) Any person who commits any of the above prohibited acts
may be subject to criminal penalties and also be liable
for any civil damages caused by the commission of such
acts and may be excluded from the Reservation.
(c) Any person who commits any of the above prohibited acts
or whose employees or agents in the course of their
employment or agency commit any of the above prohibited
acts, may have its rights to engage in activities on
the Reservation suspended or terminated.
(d) The damages and sanctions for violation of this Section
may be enforced in the Environmental Court by CEPA
under such rules and procedures as CEPA may establish
by regulation.
Back to the Table of Contents
|