09-01-80

                   MODEL TRIBAL ENVIRONMENTAL CODE
                               (MTEC)


                                   NATIVE AMERICAN RIGHTS FUND
                                   1506 Broadway
                                   Boulder, Colorado  80302
                                   (303)  447-8760

                           September 1980

                          TABLE OF CONTENTS

Memorandum......................................................

Introduction...................................................1

Water Pollution Control Ordinance..............................5

Waste Management Ordinance....................................53

Underground Injection Control Ordinance.......................61

Air Pollution Control Ordinance...............................76

Radiation Control Ordinance..................................101

Noise Control Ordinance......................................107

                     NATIVE AMERICAN RIGHTS FUND

MEMORANDUM

TO:    Tribal Chairpersons, Attorneys, Friends

RE:    Model Tribal Environmental Code (MTEC)

FROM:  John E. Echohawk

DATE:  September 1980

     In response to tribal interest in energy resource
development and environmental management, we are pleased to provide
you a set of Model Tribal Ordinances for environmental regulation. 
Included are models for Water Pollution Control, Waste Management,
Underground Injection Control, Air Pollution Control, Radiation, and
Noise Control.

     These Model Ordinances were prepared for NARF under a grant from
the Administration for Native Americans (ANA) and much of the work was
done by a consultant, Duane T. Bird Bear.  Mr. Bird Bear works with
the U. S. Environmental Protection Agency (EPA) in Denver, and his
contribution to this project is in his private capacity and his work 
should not be interpreted as reflecting agency policy nor that of ANA.

     The Ordinances that follow are only models to be used in drafting
reservation-specific legislation.  Tribal leaders will need to make
basic policy decisions about environmental management; applicable
statutes and treaties must be researched; existing tribal
environmental protection Ordinances must be examined, as well as
tribal constitutions and by-laws before draft Ordinances can be
adopted as final tribal laws.

     We are encouraged by the growing interest of tribes to maintain
and enhance reservation environmental quality.  We hope that the
following Model Ordinances will assist this process.

                          INTRODUCTION

          On June 16, 1980, the Native American Rights Fund, Inc., of
Boulder, Colorado sent tribal chairpersons, tribal attorneys, and
other interested persons draft copies of the "Model Tribal
Environmental Ordinances" for comment.  The draft ordinances were
prepared for NARF by its consultant, Duane T. Bird Bear, as part of a
larger program administered by NARF through a grant from the
Administration for Native Americans (ANA).  Recommended changes have
been made in this, the final draft.

          Methodology.  The decade of the 1980s may well be a period
of extensive development of natural resources on many Indian
reservations.  Economic benefits for Indian tribes, employment
opportunities for individual tribal members, and other incentives must
be weighed against the attendant costs of the disruption of
often-fragile eco-systems within reservation areas.  Without proper
management, dramatic increases in the number of pollution sources
within reservations both in terms of the direct impact from mining,
drilling and electrical generation as well as from the secondary
impacts associated with sudden population growth and shifts, will
outstrip the capacity of the earth, the air, and the water to mitigate
the effects of artificially induced pollution.

          Decisions whether to develop reservation resources of coal,
oil and gas, uranium, etc. and at what pace are rightfully, we
believe, decisions for the tribes, and the people comprising the
tribes, to make.  Written history of the western tradition of using
technologically-advanced processes to maximize energy development is
replete with instances of large-scale devastation of natural
resources.  Only in recent times has attention focused on building in
safeguards into the development process designed primarily to protect
human health.  Debate continues about whether various standards set
for specific pollutants are too lax and only minimally protect human
health, or, conversely whether such standards are overly stringent so
as to discourage industrial development in a nation where gross energy
consumption is ever-increasing.

          Drafting legislation is never easy.  Drafting uniform
environmental legislation for tribes with differing economic
philosophies is probably impossible, for the reason that quantifiable
limits for pollutants will vary.  A tribe interested in protecting the
pristine quality of air will probably establish strict standards for
sulphur dioxides, particulates, nitrogen oxides, and visibility. 
Another tribe interested in mine-mouth electrical generation will
adopt standards for the same pollutants which will allow for some air
quality degradation.

          Water Quality.  In the June 16, 1980, draft of the Model
Tribal Environmental Ordinance package, there appeared a water quality
ordinance which established specific limitation for temperature,
turbidity, pH, alkalinity, and fecal coliform, among other things. 
This Model Ordinance was primarily geared toward preserving a certain
standard of in-stream water quality for fish production and
propagation.

          Since that time the drafter has received several comments
from tribes where salmonid fish production is not feasible or where
water scarcity requires almost total diversion for other beneficial
uses.  Acknowledging that wide geographical disparity between
reservation areas dictates differing tribal uses of water, the Water
Pollution Control Ordinance has been re-drafted to allow
tribal-specific decisions about appropriate standards for reservation
waters.  Ultimately, it is for the tribal governments, and the people,
to decide policy questions associated with water quality.  The present
Model Ordinance allows tribes to establish, through rule-making
powers, reservation-specific standards for specified pollutants.

          This change makes the Water Quality Ordinance consistent
with provisions of other Ordinances, especially the one dealing with
air quality.  One common characteristic of both ordinances is the
attempt to build in minimum due process safeguards in order to
effectuate the mandate of the Indian Civil Rights Act of 1968.

          Other changes included revising the numbering of the
sections comprising the Water Quality Ordinance, correcting numerous
typographical errors, and adding a "severability" section to all
ordinances.

          Summary.  Over the past several decades, there have been
established national standards for various pollutants.  Organic
legislation directing the U.S. Environmental Protection Agency and
other federal agencies to work with states to achieve effective
pollution control under these standards often mentioned Indian tribes
and reservations only in passing, if at all.  Without legislative
clarification, questions will doubtlessly arise as to the extent of
the applicability of federal environmental laws to Indian tribes and
on-reservation energy-resource development.

          Yet it is clear that major policy decisions concerning
reservation environments will be made not in Washington, Denver, or
San Francisco, but in places like Window Rock, Browning and Lame Deer.
It is our hope that the following Model Tribal Environmental
Ordinances will be of assistance to the tribes in implementing these
policy decisions.

                             Duane T. Bird Bear
                             September 12, 1980


                  WATER POLLUTION CONTROL ORDINANCE

                       WATER POLLUTION CONTROL

Section 1000.  Pollution of Waters - Public Policy of the Tribe.

          (a)  Whereas the pollution of the waters of this reservation
               constitutes a menace to public health and welfare,
               creates public nuisances, is harmful to wildlife, fish
               and aquatic life, and impairs domestic, agricultural,
               industrial, recreational, traditional, cultural, and
               other legitimate beneficial uses of water, and whereas
               such pollution is contrary to the best interest of the
               ________________Tribe(s), it is hereby declared to be
               the public policy of the Tribes to protect, maintain,
               and improve the quality thereof for public water
               supplies, for the propagation of wildlife, fish, and
               aquatic life, and for domestic, agricultural,
               industrial, traditional, cultural, recreational, and
               other beneficial uses; to provide that no waste be
               discharged into any waters of the reservation without
               first being given the degree of treatment necessary to
               protect the legitimate beneficial uses of such waters;
               to provide for the prevention, abatement, and control
               of new or existing water pollution; to place in
               priority those control measures directed toward the
               elimination of pollution which creates hazards to
               public health; to insure due consideration of financial
               problems imposed on water polluters through the pursuit
               of these objectives; and to cooperate with other
               agencies of the Tribes, states, and agencies of states,
               and the federal government in carrying out these
               objectives.


Section 1001.  Definitions - For purposes of this Act, the following
               words and phrases shall have the meanings ascribed to
               them in this section:

               (a)  "Pollution" means such artificial or induced
                    natural contamination, or other alteration of the
                    physical, chemical, biological, and radiological
                    properties, of any waters of the reservation, or
                    such discharge of any liquid gaseous, or solid
                    substance into any waters of the reservation as
                    will create a nuisance or render such waters
                    harmful or detrimental or injurious to public
                    health, safety, welfare, or to domestic,
                    commercial, industrial, agricultural, traditional,
                    cultural, recreational, or other legitimate
                    beneficial uses, or to livestock, wild animals,
                    birds, fish or other aquatic life.

               (b)  "Waters of the reservation" means all streams,
                    lakes, ponds, marshes, watercourses, waterways,
                    wells, springs, irrigation systems, drainage
                    systems, and all other bodies or accumulations of
                    water, surface and underground, natural or
                    artificial, public or private, which are contained
                    within, flow through, or border upon this federal
                    Indian reservation or any portion thereof, except
                    that bodies of water confined to and retained
                    within the limits of private property which do not
                    develop into or constitute a nuisance, or a public
                    health hazard, or a menace to fish and wildlife,
                    shall not be considered to be "waters of the
                    reservation" under this definition.

               (c)  "Person" means an individual, corporation,
                    partnership, association, state, or political
                    subdivision thereof, federal agency, state agency,
                    municipality, commission or interstate body.

               (d)  "Pollutant" means dredged spoil, dirt, slurry,
                    solid waste, incinerator residue, sewage, sewage
                    sludge, garbage, trash, chemical waste, biological
                    nutrient, biological material, radioactive
                    material, heat, wrecked or discarded equipment,
                    rock, sand, or any industrial, municipal, or
                    agricultural waste.

               (e)  "Pollution" means artifically made, artifically
                    induced, or natural alteration of the physical,
                    chemical, and radiological integrity of water.

               (f)  "Effluent limitation" means any restriction or
                    prohibition established under tribal law on
                    quantities, rates, and concentrations of chemical,
                    physical, biological, and other constituents which
                    are discharged from point sources into reservation
                    waters, including but not limited to standards of
                    performance for new sources, toxic effluent
                    standards, and schedules of compliance.

               (g)  "Permit" means a permit issued under this article.

               (h)  "Point source" means any discernible, confined and
                    discrete conveyance, including but not limited to
                    any pipe, ditch, channel, tunnel, conduit, well,
                    discrete fissures, containers, rolling stock,
                    concentration animal feeding operation, or vessel
                    or other floating craft, from which pollutants are
                    or may be discharged.

               (i)  "Schedule of Compliance" means a schedule of
                    remedial measures and times including an
                    enforceable sequence of actions or operations
                    leading to compliance with any control regulation
                    or effluent limitation.

Section 1002.  Water Quality Control Commission.

          (a)  There is hereby created a tribal water quality control
               commission, as a division of the tribal department of
               ________________, and the Commission shall exercise its
               power and perform its duties and functions specified in
               this article, which Commission shall consist of eight
               persons.  It shall include the heads of the tribal
               Departments of Natural Resources, Game and Fish, Human
               Services, and the Tribal Health Board, and four
               reservation residents appointed by the tribal
               chairperson with the consent of the Tribal Council. 
               Appointments must be made so as to include appropriate
               agricultural, wildlife, industrial, cultural training
               within its own membership; although no specific number
               of its members shall be required to be so trained,
               although a majority of members must be officially
               enrolled members of the tribe(s).

          (b)  Of the four members appointed by the tribal
               chairperson, each shall serve four year terms, except
               of those first four appointed, one shall be appointed
               for two years, one shall be appointed for three years,
               and two shall be for four years.  The tribal
               chairperson may fill any vacancy in the appointed
               membership of the Commission, and may remove any
               appointed member for cause.

               The heads of tribal departments may designate an
               administrative staff member to perform the duties of
               the member making the designation.

          (c)  Each member of the Commission not otherwise in the
               full-time employment of the tribe shall receive a per
               diem of forty ($40) dollars for each day actually and
               necessarily spent in the discharge of official duties,
               but not to exceed twelve hundred ($1,200) dollars in
               any one year; and all members shall be reimbursed for
               necessary travel and other expenses incurred in the
               performance of their official duties.

          (d)  The tribal department shall provide the Commission with
               copies of maps, plans, documents, studies, surveys, and
               all other necessary information in order that the
               Commission may be fully cognizant of natural resource
               development, population growth, the status of water
               pollution and its control in the reservation and to
               enable the Commission to advise the department in
               development of programs for the prevention and control
               of pollution of the waters of the reservation, which
               material shall remain the property of the department.

          (e)  All members of the Commission shall have a vote.  Five
               members shall constitute a quorum, and the concurrence
               of a majority of a quorum of the Commission in any
               matter within its powers and duties shall be required
               for any determination made by the Commission.


Section 1003.  Duties of Water Quality Control Commission.

          (a)  The Commission shall develop and maintain a
               comprehensive and effective program for prevention,
               control, and abatement of water pollution and for water
               quality protection throughout the entire reservation
               and, in connection therewith, shall have, and may
               exercise, the following powers and duties:

               (1)  Classify waters of the reservation in accordance
                    with section 1004;

               (2)  Promulgate water quality standards in accordance
                    with section 1005;

               (3)  Promulgate control regulations in accordance with
                    section 1006;

               (4)  Promulgate waste discharge permit regulations in
                    accordance with section 1023-1025;

               (5)  Perform duties assigned to the Commission in
                    section 1007 with respect to the location, design,
                    construction, and operation of individual sewage
                    disposal systems;

               (6)  Review applications for underground detonations
                    and discharges in accordance with section 1026;

               (7)  Review from time to time, at intervals of not more
                    than three years, classification of waters, water
                    quality standards, and control regulations which
                    it has promulgated; and

               (8)  Perform other duties as may be lawfully assigned
                    to it.

          (b)  The Commission's authority shall be broad and flexible
               to the end that the policy of this tribe as declared in
               section 1000 shall be effectively carried out.

          (c)  The Commission and the tribal health board shall hold a
               joint public meeting during the month of October of
               each year in order to hear public comment on water
               pollution problems within the reservation, alleged
               sources of water pollution within the reservation, and
               the availability of practical remedies therefor.

          (d)  On or before December 1 of each year, the Commission
               shall report to the tribal chairperson on the
               effectiveness of the provisions of this article in
               carrying out the legislative intent, as declared in
               section 1000, and shall include in such report such
               recommendations as it may have with respect to any
               legislative changes that may be needed or desirable.

Section 1004.  Classification of the Waters of the Reservation.

          (a)  The Commission shall classify all waters of the
               reservation.

          (b)  The types of classes shall be determined by regulations
               and may be based upon or intended to indicate or
               describe any relevant characteristic such as:

               (1)  The existing extent of pollution or the maximum
                    contaminant level to be tolerated as a goal;

               (2)  Whether or not pollution arises from natural
                    sources;

               (3)  Present uses of the water, the uses for which the
                    water is suitable in its present condition, or the
                    uses for which it is to become suitable as a goal;

               (4)  The character and uses of the land bordering the
                    water;

               (5)  The need to protect the quality of the water for
                    human purposes, including cultural and traditional
                    religious purposes, and also for the protection
                    and propagation of wildlife or aquatic life; or

               (6)  Type and character of the water such as surface or
                    subsurface, lake, stream or ditch, volume flow,
                    depth, stream gradient, temperature, surface area
                    involved, and daily or seasonal variability of any
                    such characteristics.

          (c)  The particular class into which any segment of
               reservation waters is placed shall be determined by
               regulation.

Section 1005.  Water Quality Standards.

          (a)  Water quality standards shall be promulgated by the
               Commission by regulations which describe water
               characteristics or the extent of specifically
               identified pollutants for waters of the reservation.

          (b)  Water quality standards may be promulgated with respect 
               to any measurable characteristic of water, such as:

               (1)  Toxic substances;

               (2)  Suspended solids, colloids, and combinations of
                    solids with other suspended substances;

               (3)  Bacteria, fecal coliform, fungi, viruses, and
                    other biological constituents and characteristics;

               (4)  Dissolved oxygen, and the extent of oxygen
                    demanding substances;

               (5)  Phosphates, nitrates, and other dissolved
                    nutrients;

               (6)  pH and hydrogen compounds;

               (7)  Chlorine, heavy metals, and other chemical
                    constituents;

               (8)  Salinity, acidity, and alkalinity;

               (9)  Trash, garbage, oil and grease, and other foreign
                    material;

               (10)  Taste, odor, color and turbidity; and

               (11)  Temperature.

Section 1006.  Control Regulations.

          (a)  The Commission shall promulgate control regulations for
               the following purposes:

               (1)  To describe prohibitions, standards,
                    concentrations, and effluent limitations on the
                    extent of specifically identified pollutants, such
                    as any of those mentioned in section 1005 that any
                    person may discharge into any specified class of
                    reservation waters;

               (2)  To describe pre-treatment requirements,
                    prohibitions, standards, concentrations, and
                    effluent limitations on waste any person may
                    discharge into any specified class of water of the
                    reservation from any facility, process, activity,
                    or waste pile including but not limited to:


                      pulp and paper mills;
                      paperboard, builders paper and board mills;
                      meat product and rendering processing;
                      dairy product processing;
                      grain mills;
                      canned and preserved fruits and vegetables
                           processing;
                      sugar processing;
                      textile mills;
                      cement manufacturing;
                      feedlots;
                      electroplating;
                      organic chemicals manufacturing;
                      plastic and synthetic materials manufacturing;
                      soap and detergent manufacturing;
                      fertilizer manufacturing;
                      oil and gas transportation;
                      petroleum refining;
                      iron and steel manufacturing;
                      nonferrous metals manufacturing;
                      phosphate manufacturing;
                      electric power plants;
                      ferroalloy manufacturing;
                      leather tanning and finishing;
                      glass and asbestos manufacturing;
                      rubber processing; and
                      timber products processing.
            
               (3)  To describe precautionary measures, both mandatory
                    and prohibitory, that must be taken by any person
                    owning, operating, conducting, or maintaining any
                    facility process, activity, or waste pile that
                    does or might cause pollution of any waters of the
                    reservation in violation of control regulations or
                    cause the quality of any waters of the reservation
                    to be in violation of any applicable water quality
                    standard.

          (b)  In the formulation of each control regulation, the
               Commission shall consider the following:

               (1)  The need for regulations that control discharges
                    of specified pollutants that the the subject of
                    water quality standards for the receiving waters
                    of the reservation;


               (3)  The degree to which any type of discharge is
                    subject to treatment, the availability,
                    practicality, and technical and economic
                    feasibility of treatment techniques; and the
                    extent to which the discharge to be controlled is
                    significant;

               (4)  The continuous, intermittent, or seasonal nature
                    of the discharges to be controlled;

               (5)  Whether a regulation that is to be applicable to
                    discharges into flowing water should be written in
                    such a way that the degree of pollution tolerated
                    or treatment required will be dependent upon the
                    volume of flow of the receiving water or the
                    extent to which the discharge is diluted therein,
                    or the capacity of the receiving water to
                    assimilate the discharge; and

               (6)  The need for specification of safety precautions
                    that should be taken to protect water quality
                    including, but not limited to, requirements for
                    the keeping of logs and other records,
                    requirements to protect subsurface waters in
                    connection with mining exploration and surface
                    mining and the drilling and operation of wells,
                    and requirements as to settling ponds, holding
                    tanks, and other treatment facilities for water
                    that will or might enter reservation waters.

          (d)  The Commission shall coordinate the cooperate with the
               tribal attorney, the tribal health board, natural
               resource and energy development offices having
               regulatory powers in order to avoid promulgating
               control regulations that would be either redundant or
               unnecessary.

Section 1007.  Individual Sewage Disposal System.

          (a)  Upon request of any person, the Commission shall review
               the adequacy of local community control of individual
               sewage disposal systems that are applicable in any
               portion of the reservation in which the soil,
               geological conditions, or other factors indicate the
               unregulated outflow from one or more individual sewage
               disposal systems would or might pollute the waters of
               the reservation.  After such review and upon any
               finding of inadequacy, the Commission shall promulgate
               a control regulation for the area involved which shall
               identify such area by legal description and shall also
               specify the terms and conditions for individual sewage
               disposal systems construction, use, design,
               maintenance, spacing, and location that shall be
               applicable in such area.

Section 1008.  Additional Authority of the Commission.

          (a)  In addition to the powers and duties of the Commission
               specified elsewhere, the Commission is empowered to:

               (1)  Accept and supervise the administration of loans
                    and grants from the federal government and from
                    other public sources, which loans and grants shall
                    not be expended for other than purposes for which
                    provided;

               (2)  Advise, consult, cooperate, and enter into
                    agreements with other agencies of the tribe(s),
                    the federal government, states, and other tribes,
                    and with groups and industries affected by the
                    provisions of this article and policies of the
                    Commission, but any such agreement involving
                    authorizing or requiring compliance in this
                    reservation with any water quality standard or
                    control regulation shall not be effective unless
                    or until the Commission has presented the public
                    with an opportunity for a hearing with respect to
                    such standard or regulation and has adopted the
                    same in compliance with section 1018; and

               (3)  Exercise all incidental powers necessary and
                    proper for carrying out the purposes of the
                    article including the powers to issue and enforce
                    rules and orders.

Section 1009.  Administration of Water Quality Control Programs.

          (a)  The tribal division of natural resources shall
               administer and enforce the water quality control
               programs adopted by the Commission.

Section 1010.  Duties of the Division.

          (a)  The Division shall:

               (1)  Carry out the enforcement provisions of this
                    article, including enforcement or civil penalty
                    provisions, criminal prosecution of violators and
                    such other administrative and judicial relief as
                    may be appropriate;

               (2)  Administer the waste discharge permit system as
                    provided in section 1023 to 1027;

               (3)  Monitor waste discharges and the waters of the
                    waters of the reservation as provided in section
                    1011; and

               (4)  Submit an annual report to the Commission as
                    provided in section 1013.

Section 1011.  Monitoring.

          (a)  The Division shall take such samplings as may be
               necessary to enable it to determine the quality of
               every reasonably accessible segment of reservation
               waters.  In sampling such waters the Division shall
               give consideration to characteristics such as those
               listed in section 1005(b), but if pollution is
               suspected the sampling shall not be limited or
               restricted by reason of the fact that no water quality
               standard has been promulgated for the suspected type of
               pollution.

          (b)  As to every segment of reservation waters so sampled,
               the Division shall endeavor to determine the nature and
               amount of each pollutant, whether a new or different
               water quality standard is needed, the source of each
               pollutant, the place where such pollutant enters the
               water, and the names and addresses of each person
               responsible for or in control of each entry.

          (c)  As to each separate pollution source identified, the
               Division shall:

               (1)  Determine what control regulation is applicable,
                    if any;

               (2)  Determine whether the discharge is covered by a
                    permit and whether any condition of the permit is
                    being violated; and

               (3)  Determine what further control measures with
                    respect to such pollution source are practicable.

          (d)  The Division shall inform the Commission of any unusual
               problem which creates difficulties in abating pollution.

Section 1012.  Monitoring, Reporting and Recording.

          (a)  The owner or operator of any facility, process or
               activity from which a discharge of pollutants is made
               into waters of the reservation or into any publicly
               owned treatment works shall in such form and in
               accordance with such specifications as the Division may
               require:

               (1)  Establish and maintain records;

               (2)  Make reports;

               (3)  Install, calibrate, use and maintain methods and
                    equipment, including biological monitoring methods;

               (4)  Sample discharges; and

               (5)  Provide additional reasonably available
                    information relating to discharges into publicly
                    owned treatment works.

Section 1013.  Annual Report to the Commission.

          (a)  On or before November 1 of each year, the Division
               shall report to the Commission on the effectiveness of
               the provisions of this article and shall include in
               such report such recommendations as it may have with
               respect to any regulatory or legislative changes that
               may be needed or desired.  Such report shall contain
               the then current information that has been obtained
               pursuant to section 1011.

Section 1014.  Authority to Enter and Inspect Premises and Records.

          (a)  The Division, through its authorized employees, has the
               power, upon presentation of proper credentials, to
               enter and inspect at any reasonable time and in a
               reasonable manner any property, premise, or place for
               the purpose of investigating any actual, suspected, or
               potential source of water pollution, or ascertaining
               compliance or noncompliance with any control regulation
               or any order promulgated under this article.  Such
               entry is also authorized for the purpose of inspecting
               and copying of records required to be kept concerning
               any effluent source.

          (b)  If such entry or inspection is denied or not consented
               to, the Division is empowered to and shall obtain from
               the tribal court for the district in which such
               property, premise, or place is located, a warrant to
               enter and inspect any such property, premise, or place
               prior to entry and inspection.  The tribal courts of
               the __________ tribe(s) are empowered to issue such
               warrants upon a proper showing of the need for such
               entry and inspection.

Section 1015.  Emergencies.

          (a)  Whenever the Division determines, after investigation,
               that any person is discharging or causing to be
               discharged or is about to discharge into any state
               waters, directly or indirectly, any pollutant which in
               the opinion of the Division constitutes a clear,
               present, and immediate danger to the health or
               livelihood to members of the public, the Division shall
               issue its written order to said person that he must
               immediately cease or prevent the discharge of such
               pollutant into such waters and thereupon such person
               shall immediately discontinue such discharge. 
               Concurrently with the issuance of such order the
               Division may seek a restraining order or injunction
               pursuant to section 1034.

Section 1016.  Additional Authority and Duties of the Division.

          (a)  In addition to the authority specified elsewhere in
               this article, the Division has the power to:

               (1)  Conduct or cause to be conducted studies, research
                    and demonstrations with respect to water pollution
                    and control, abatement, or prevention thereof, as
                    requested by the Commission;

               (2)  Furnish technical advice and services relating to
                    water pollution problems and control techniques;

               (3)  Designate one or more persons or agencies in any
                    area of the reservation as an agent of the
                    Division, to exercise and perform such powers and
                    duties of the Division as may be specified in such
                    designation;

               (4)  To certify, when requested, the existence of any
                    facility, land, building, machinery, equipment,
                    treatment works, sewage and disposal systems, as
                    have been acquired, constructed, or installed in
                    conformity with the purposes of this article; and

               (5)  To take such action in accordance with rules and
                    orders promulgated by the Commission as may be
                    necessary to prevent, abate, and control pollution.

          (b)  All fees and penalties collected by the Division shall
               be transmitted to the Tribal Finance Office in a timely
               manner for deposit to the credit of the tribal general
               fund.

Section 1017.  Authority and Procedures for Hearings.

          (a)  The Commission or Division may hold public hearings,
               issue notices of hearings, issue subpoenas requiring
               the attendance of witnesses and the production of
               evidence, administer oaths, take such testimony as is
               deemed necessary, make findings and determinations, and
               issue orders, all in conformity with this article.

          (b)  The Commission may adopt such rules and regulations
               governing procedures and hearings before the Commission
               or Division as may be necessary to assure that such
               hearings will be fair and impartial.

          (c)  At any hearing, any person who is affected by the
               proceeding and whose interests are not already
               adequately represented, shall have the opportunity to
               be a party thereto upon prior application to and in the
               sole discretion of and approval by the Commission or
               Division, as the case may be, and such person shall
               have the right to be heard and to cross-examine any
               witness.

          (d)  After due consideration of the written and oral
               statements, the testimony, and the arguments presented
               at any such hearing, the Commission or Division, as the
               case may be, shall enter its written findings and final
               order, based upon evidence in the record.

          (e)  In all proceedings before the Commission or Division
               with respect to any alleged violation of any control
               regulation, permit or order, the burden of proof shall
               be upon the Division.

          (f)  The Commission or Division may designate a hearing
               officer who shall have the power to issue notices of
               hearing, to issue subpoenas requiring the attendance of
               witnesses and the production of evidence, to administer
               oaths, and to take such testimony as may be necessary
               and such hearing officer shall certify and file
               recommended findings and conclusion and a proposed
               order with the Commission or Division as appropriate,
               for adoption or modification by such Commission or
               Division.  If the hearing for which a hearing officer
               is to be designated is a hearing for the purpose of
               developing control regulations or for the purpose of a
               hearing held pursuant to section 1024, the hearing
               officer may be an employee of the Division.

Section 1018.  Procedures to be Followed in Setting Standards and
               Control Regulations.

          (a)  Prior to promulgating any water quality standard and or
               any control regulation affecting the waters of the
               reservation and authorized by this article, the
               Commission shall allow the public the opportunity for a
               hearing thereon.  Notice to the public shall be given
               at least sixty (60) days prior to the date determined
               to be the last day to receive comments, both written
               and oral, from all persons.  Such notice shall include
               each proposed regulation, and shall be mailed to all
               persons who have filed with the Commission a written
               request to receive such notices.

          (b)  Any person desiring to propose a regulation differing
               from any regulation proposed by the Commission shall
               file such other written proposal with the Commission
               not less than twenty (20) days prior to the date
               established, under subsection (a) of this section, as
               the closing date for public comment, and, when on file,
               such proposal shall be open for public inspection
               during regular business hours.

          (c)  Witnesses at any hearing of the Commission shall be
               subject to cross-examination by or on behalf of the
               Commission, and by or on behalf of persons who have
               proposed regulations pursuant to subsection (b) of this
               section.

          (d)  Regulations promulgated pursuant to this section shall
               not take effect until thirty (30) days after they have
               been filed with the secretary, Tribal Business Council.

Section 1019.  Administrative Reconsideration.

          (a)  Any party directly affected by an order or
               determination of the Commission or Division shall have
               thirty (30) days from the effective date to seek
               judicial review.  During the time permitted for seeking
               judicial review, the party seeking judicial review
               shall apply to the Commission or Division, as
               appropriate for a hearing or rehearing with respect to,
               or reconsideration of, such order or determination. 
               The determination by the Commission or Division whether
               to grant or deny the application for a hearing,
               rehearing, or reconsideration shall be made within ten
               (10) days after receipt by the Commission or Division. 
               Such determination by the Commission may be made by
               telephone, mail, or at a meeting.  If the application
               for a hearing, rehearing or reconsideration is granted,
               then the order or determination to which such
               application pertains shall not be considered final for
               purposes of judicial review, and the Commission or the
               Division may affirm, reverse, or modify, in whole or in
               part, the pertinent order or determination shall be
               final, and not subject to stay or reconsideration under
               this section.

Section 1020.  Enforcement Hearings - Judicial Review.

          (a)  Any final order or determination by the Division or the
               Commission shall be in writing, supported by written
               findings, and subject to judicial review in accordance
               with the provisions of this article and any other
               applicable provisions of the tribal code or tribal
               court rules of civil procedure.

          (b)  Any proceeding for judicial review of any final order
               or determination of the Division or the Commission
               shall be filed in the tribal court for the judicial
               district in which is located the pollution source
               affected, and shall be filed within thirty (30) days
               after said order or determination has been served upon
               the party affected.  Such period shall be stayed while
               any application for a hearing, rehearing, or
               reconsideration is pending pursuant to section 1019.

          (c)(1)  Except with respect to emergency orders issued
                  pursuant to section 1015, any person to whom a cease
                  and desist order, clean-up order, or other order has
                  been issued by the Division or Commission, or
                  against whom an adverse determination has been made,
                  may petition the tribal court for a stay of the
                  effectiveness of such order or determination.  Such
                  petition shall be filed in the tribal court in which
                  is located the pollution sources.

             (2)  Such petitions may be filed prior to any such order
                  or determination becoming final or during any period
                  in which is located the pollution sources affected.

             (3)  Such stay shall be granted by the court if there is
                  probable cause to believe that refusal to grant a
                  stay will cause serious harm to the affected person
                  or any other person, and:

                  (a)  That the alleged violation or activity to which
                       the order or determination pertains will not
                       continue, or if it does continue, any harmful
                       effects on waters of the reservation will be
                       alleviated promptly after the cessation of the
                       violation or activity; or

                  (b)  That the refusal to grant a stay would be
                       without sufficient corresponding public benefit.

          (d)  Any party may move the court to remand the case to the
               Division or the Commission in the interests of justice,
               for the purpose of adducing additional specified and
               material evidence and findings thereon;  but the burden
               shall be on such party to show reasonable grounds for
               the failure to adduce such evidence previously before
               the Division or Commission.

          (e)  If the court does not stay the effectiveness of an
               order of the Commission or Division, the court shall
               enforce compliance with that order by issuing a
               temporary restraining order or injunction at the
               request of the Commission or Division.

Section 10211.  Samples; Secret Processes

          (a)  If samples of water or water pollutants are taken for
               analysis and a violation of any permit or control
               regulation is suspected, a representative portion of
               the same shall be furnished at cost upon request to the
               person who is believed to be responsible for such
               suspected violation.  A representative portion of such
               sample shall be furnished to any suspected violator at
               cost whenever any remedial action is taken with respect
               thereto by the Division.  A duplicate of every
               analytical report pertaining to such sample shall be
               furnished as soon as practicable to such person.

          (b)  Any information relating to any secret process, method
               of manufacture or production, or sales or marketing
               data, which may be acquired, ascertained, or
               discovered, whether in any sampling investigation,
               emergency investigation, or otherwise, shall not be
               publicly disclosed by any member, officer, or employee
               of the Commission or Division, but shall be kept
               confidential.  Any person seeking to invoke the
               protection of this section in any hearing shall bear
               the burden of proving its applicability.  This section
               shall never be interpreted as preventing full
               disclosure of effluent data.

Section 1022.  Rules of Civil Procedure - Applicability.

          (a)  Except as otherwise specified in this article, service
               or process, notices, and other papers shall be in
               accordance with the rules of civil procedure
               established for the tribal court.

                             PERMITS

Section 1023.  Permits Required for Discharge of Pollution
               - Administration.

          (a)  No person shall discharge any pollutant into any
               reservation water from a point source without first
               having applied for, nor after December 31, 198__,
               without having obtained a permit from the Division for
               such discharge.  Each application for a permit duly
               filed under the federal Clean Water Act shall be deemed
               to be a permit application filed under this article,
               and each permit issued pursuant to the federal Act
               shall be deemed to be a temporary permit issued under
               this article which shall expire when the federal permit
               expires.

          (b)  The tribe shall examine applications for and may issue,
               suspend, revoke, modify, deny, and otherwise administer
               permits for the discharge of pollutants into
               reservation waters.  Such administration shall be in
               accordance with the provisions of this article and
               regulations, if any, promulgated by the tribe.

          (c)  The tribe shall promulgate such regulations as may be
               necessary for the orderly and effective administration
               of permits for the discharge of pollutants.  Such
               regulations shall be consistent with the provisions of
               this article and shall be in furtherance of the policy
               contained in section 1000, and may pertain to and
               implement, among other matters, permit and permit
               applications contents, procedures, requirements, and
               restrictions with respect to the following:

               (1)  Identification and address of the owner and
                    operator of the activity, facility, or process
                    from which the discharge is to be permitted;

               (2)  Location and quantity and quality characteristics
                    of the permitted discharge;

               (3)  Effluent limitations and requirements for
                    treatment prior to discharge;

               (4)  Equipment and procedures required for mandatory
                    monitoring as well as record-keeping and reporting
                    requirements;

               (5)  Schedules of compliance;

               (6)  Procedures to be followed by tribal personnel for
                    entering and inspecting premises;

               (7)  Submission of pertinent plans and specifications
                    for the facility, process, or activity which is
                    the source of the waste discharge;

               (8)  Restrictions on transfer of the permit;

               (9)  Procedures to be followed in the event of
                    expansion or modification of the facility,
                    process, or activity from which the discharge
                    occurs or the quantity, quality, or frequency of
                    the discharge;

               (10)  Duration of the permit not to exceed five years,
                     and renewal procedures;

               (11)  Authority of the Tribe to require changes in
                     plans for specifications for control facilities
                     as a condition for the issuance of a permit;

               (12)  Identification of control regulations over which
                     the permit takes precedence and identification of
                     control regulations over which a permit may never
                     take precedence;

               (13)  Notice requirements of any intent to construct,
                     install, or alter any process, facility, or
                     activity that is likely to result in a new
                     altered discharge; and

               (14)  Effectiveness under this Article of permit
                     applications submitted to and permits issued by
                     the federal government under the federal Clean
                     Water Act.

          (d)  The Tribe may authorize temporary permits to be issued
               pending completion of review procedures otherwise
               required prior to issuance of a permit, but no
               temporary permit may be issued for more than a period
               of two years nor shall any temporary permits be renewed.

          (e)  Nothing in any permit shall ever be construed to
               prevent or limit the application of any emergency power
               of the Tribe.

          (f)  Every permit issued for a sewage treatment works shall
               contain such terms and conditions as the Tribe
               determines to be necessary or desirable to assure
               continuing compliance of applicable control
               regulations.  Such terms and conditions may require
               that whenever deemed necessary by the Tribe to assure
               such compliance the permittee shall:

               (1)  Require pretreatment of effluent from industrial,
                    governmental, or commercial facilities processes
                    and activities before such effluent is received
                    into the gathering and collection system of the
                    permittee;

               (2)  Prohibit any connection to any municipal
                    permittee's intercepters and collection system
                    that would result in receipt by such municipal
                    permittee of any effluent other than sewage
                    required by law to be received by such permittee;

               (3)  Include specified terms and conditions of its
                    permit in all contracts for receipt by the
                    permittee of any effluent not required to be
                    received by a municipal permittee;

               (4)  Initiate engineering and financial planning for
                    expansion of the sewage treatment works whenever
                    through-put and treatment reaches 80% of design
                    capacity;

               (5)  Commence construction of such sewage treatment
                    works expansion whenever throughput and treatment
                    reaches 95% of design capacity or, in the case of
                    a municipality, either commence such construction
                    or cease issuance of building permits within such
                    municipality until such construction is commenced,
                    except that building permits may continue to be
                    issued for any construction which would not have
                    the affect of increasing the input of sewage to
                    the sewage treatment works of the municipality
                    involved; and

               (6)  Inclusion of the requirements authorized by
                    paragraph (4) of this subsection (f) shall be
                    presumed unnecessary to assure compliance upon a
                    showing that the area served by a governmental
                    sewage treatment works has a stable or declining
                    population; but this provision shall not be
                    construed as preventing periodic review by the
                    Tribe should it be felt that growth is occurring
                    or will occur in the area.

          (g)  Every permit issued for a discharge from any facility,
               process, or activity that includes any dam, settling
               pond, or hazard within or related to its system shall
               include such terms and conditions as the Tribe
               determines necessary to prevent or minimize the
               discharge of any pollutant into any reservation waters
               in potentially dangerous quantities.

          (h)  For the purposes of defraying costs incurred by the
               Tribe in their monitoring of waste discharged into
               reservation waters pursuant to a permit issued under
               this section, the permittee shall pay to the Tribe a
               fee of $50 prior to the commencement of each year
               covered by the permit beyond the first year.  Until
               such fee is paid, when due, the permittee shall not be
               in good standing under this Article.

Section 1024.  Application - Fee-Public Participation.

          (a)  Each application for a waste discharge permit shall be
               accompanied by a fee of one hundred dollars.  For
               purposes of this subsection:

               (1)  "Major municipal discharge" is a discharge from a
                    publicly owned wastewater treatment plant which:

                    (A)  Discharges a total volume of more than five
                         million gallons on any one day of the year;

                    (B)  Serves a population in excess of ten thousand
                         persons; or

                    (C)  Receives waste from an industrial user and
                         such wastes have a total volume of more than
                         fifty thousand gallons on any day of the year
                         or have a total volume which constitutes more
                         than five percent of the volume of the total
                         discharge from the facility on any day of the
                         year.

               (2)  "Minor municipal discharge" is a discharge from a
                    publicly owned wastewater treatment plant which is
                    less than all cases in subparagraph (1) of this
                    paragraph.

               (3)  "Major industrial discharge" is one in which the
                    discharge from the facility:

                    (A)  Has a total volume of more than fifty
                         thousand gallons on any one day of the year
                         from one or more discharge points; or

                    (B)  Contains or may contain toxic pollutants.

               (4)  "Minor industrial discharge" is one which does not
                    discharge over fifty thousand gallons in the
                    aggregate on any one day of the year from one or
                    more discharge points and which does not contain
                    toxic pollutants.

               (5)  "Irrigation return flow" means tailwater, tile
                    drainage, or surfaced groundwater flow from
                    irrigated land, in a system operated by public or
                    private organizations or individuals, if:

                    (A)  There is a point source of discharge (e.g., a
                         pipe, a ditch, or any other defined or
                         discrete conveyance), whether an artificial
                         or a natural feature of the land, purposely
                         maintained as a drainage structure;

                    (B)  The return flow is from land areas of more
                         than three thousand contiguous irrigated
                         acres or three thousand noncontiguous
                         irrigated acres which use the same artificial
                         drainage system or natural feature of the
                         land purposely maintained as a common
                         drainage structure;

                    (C)  The discharge from the lands (as opposed to
                         the water supply to the lands) is controlled
                         by one public or private organization or one
                         individual.  Irrigation return flow is
                         concerned with the drainage from irrigated
                         land.  It does not include the delivery of
                         irrigation water.

"Feedlots" includes:

     (1)  "Small feedlots," by type and capacity:
          Slaughter and feeder cattle - 1,000 to 4,999
          Mature dairy cattle - 700 and over
          Swine weighing over 55 lbs. - 2,500 to 12,499
          Sheep - 10,000 to 49,999
          Turkey - 55,000 to 274,000
          Chickens, with continuous overflowing watering -
               100,000 to 499,999
          Chickens, with liquid manure handling systems -
               30,000 to 149,000
          Ducks - 5,000 to 24,999

     (2)  "Medium feedlots," by type and capacity:
          Slaughter and feeder cattle - 5,000 to 9,999
          Swine weighing over 55 lbs. - 12,500 and over
          Sheep - 50,000 and over
          Turkeys - 275,000 and over
          Chickens, with continuous overflowing watering -
               50,000 and over
          Chickens, with liquid manure handling systems -
               150,000 and over

     (3)  "Large feedlots" with a capacity to handle 20,000 and over
          slaughter and feeder cattle.

     Annual fees for discharge of pollutants are as follows:

          (A)  Major municipal and industrial discharges - $250
          (B)  Minor municipal and industrial discharges - $50
          (C)  Irrigation return flow - $10
          (D)  Small feedlots - $10
          (E)  Medium feedlots - $40
          (F)  Large feedlots - $60

     The permits shall run from the date of issuance, and the annual
fees shall be paid to the Tribe.

          (b)  Upon receipt of an application, the tribe shall prepare
               a tentative determination to issue or deny the permit,
               and if it is to be issued, its tentative determination
               as to the terms and conditions of such permit.

          (c)  Public notice of every complete application for a
               discharge permit shall be circulated in a manner
               designed to inform interested and potentially
               interested persons of the proposed discharge and of the
               proposed determination to issue or deny a permit. 
               Procedures for the circulation of public notice shall
               be established by the tribe and shall include at least
               the following:

               (1)  Notice shall be circulated within the geographical
                    areas of the proposed discharge.

               (2)  Notice shall be mailed to any person or group upon
                    request.

               (3)  The tribe shall add the name of any person or
                    group upon request to a mailing list to receive
                    copies of notices for all discharge applications
                    within the state or within a certain geographical
                    area.

               (4)  The tribe shall promulgate such regulations as are
                    necessary and appropriate to provide an
                    opportunity for public hearing, when appropriate,
                    prior to granting or denial of a discharge permit
                    by the tribe.

Section 1025.  Permits - When Required and When Prohibited.

          (a)  The tribe shall issue a waste discharge permit in
               accordance with regulations promulgated under this
               article.

          (b)  No discharge shall be permitted which will violate any
               duly promulgated reservation-wide or local land use
               plan unless all requirements and conditions of
               applicable ordinances and regulations have been met or
               will be met pursuant to a schedule of compliance.

          (c)  No discharge shall be permitted which will violate a
               control regulation unless the waste discharge permit
               contains effluent limitations and a schedule of
               compliance specifying treatment requirements as
               determined by the division.  Such requirements shall
               require the best practical or available treatment
               consistent with the federal Clean Water Act.

          (d)  No discharge shall be permitted that by itself or in
               combination with other pollution will result in
               pollution of the receiving waters in excess of the
               pollution permitted by an applicable water quality
               standard unless the permit contains effluent
               limitations and a schedule of compliance specifying
               treatment requirements.

          (e)  In any case in which a permit for a discharge has been
               applied for but final disposition of such application
               has not been made, such discharge shall not be a
               violation of any provisions of this article or
               regulations promulgated under this article unless the
               tribe proves that absence of final administrative
               disposition of such application has resulted from the
               failure of the applicant to furnish information
               reasonably required or requested in order to process
               the application.

Section 1026.  Nuclear, Toxic, and Radioactive Wastes.

          (a)  It is unlawful for any person to discharge, deposit,
               generate, or dispose of any radioactive, toxic, or
               other hazardous waster underground in liquid, solid, or
               explosive form unless the tribe, upon application of
               the person desiring to undertake such activity, and
               after investigation and hearing, has first found beyond
               a reasonable doubt that there will be no pollution
               resulting therefrom or that the pollution, if any, will
               be limited to waters in a specified limited area from
               which there is no risk of significant migration and
               that the proposed activity is justified by public need.

          (b)  In such case the tribe may issue a permit for the
               proposed activity, upon the payment of a fee on one
               thousand dollars.  The tribe may include in such permit
               such reasonable terms and conditions as it may from
               time to time require to implement this section in a
               manner consistent with the purposes of this article.
               The terms or conditions which may be imposed shall
               include, without limitation, those with respect to
               duration of use or operation; monitoring; reporting;
               volume of discharge or disposal; treatment of wastes;
               and the deposit with the tribal treasurer of a bond,
               with or without surety as the tribe may in its
               discretion require, or other security, to assure that
               the permitted activities will be conducted in
               compliance with the terms and conditions of the permit,
               and that upon abandonment, cessation, or interruption
               of the permitted activities or facilities, appropriate
               measures will be taken to protect the waters of the
               tribe.  Other than relief from provisions of this
               article to the extent specified in this subsection (2),
               no permit issued pursuant to this subsection (2) shall
               relieve any person of any duty or liability to the
               state or to any other person existing or arising under
               any statute or under common law.

[Option for non-point sources:

Section 1027.  Agricultural Wastes.

          (a)  The tribe shall not require any permit for any flow or
               return flow of irrigation water into reservation waters.

          (b)  The tribe shall not require any permit for animal waste
               on farms and ranches.


                 VIOLATIONS, REMEDIES, AND PENALTIES

Section 1028.  Tribe to be Notified of Suspected Violations and
               Accidental Discharges - Penalty.

          (a)  Any person or any agency of the Tribe may apply to the
               tribe to investigate and take action upon any suspected
               or alleged violation of any provision of this article
               or of any order, permit, or regulation issued or
               promulgated under the authority of this article.

          (b)  Any person engaged in any operation or activity which
               results in a spill or discharge of oil or other
               substance which may cause pollution of the waters of
               the reservation contrary to the provisions of this
               article shall, as soon as he has knowledge thereof,
               notify the division of natural resources, Any person
               who fails to notify the tribe as soon as practicable is
               deemed in violation of this article and, upon an
               administrative finding thereof, shall be levied an
               administrative civil penalty of not more than ten
               thousand dollars ($10,000), or by imprisonment in the
               tribal jail upon conviction for a misdemeanor for a
               violation of this article for not more than six (6)
               months, or by both such administrative penalty and
               criminal penalty.

Section 1029.  Notice of Alleged Violations.

          (a)  Wherever the tribe has reason to believe that there has
               occurred a violation of an order, permit, or control
               regulation issued or promulgated under authority of
               this article, the tribe shall cause written notice to
               be served personally or by certified mail
               return-receipt requested upon the alleged violator or
               its agent for service of process.  The notice shall
               state the provision alleged to be violated, the facts
               alleged to constitute a violation, and any may include
               the nature of any corrective action proposed to be
               required.

          (b)  Each cease and desist and clean-up order issued
               pursuant to sections 1032 and 1033 shall be accompanied
               by or have incorporated in it the notice provided for
               in subsection (a) of this section unless such notice
               shall thereto have been given.

Section 1030.  Hearing Procedures for Alleged Violations.

          (a)  In any notice given under section 1029 the tribe may
               require the alleged violator to appear before it for a
               public hearing and to answer each alleged violation. 
               Such hearing shall be held no sooner than fifteen (15)
               days after service of the notice, except the tribe may
               set an earlier date for hearing if it is requested by
               the alleged violator if an emergency exists.

          (b)  If the tribe does not require an alleged violator to
               appear for a public hearing, the alleged violator may
               request the tribe to conduct such a hearing.  Such
               request shall be in writing and shall be filed with the
               secretary of the tribe no later than thirty (30) days
               after service of the notice under section 1029.  If
               such a request is filed, a hearing shall be held within
               a reasonable time.

          (c)  If a hearing is held pursuant to the provisions of this
               section, it shall be public and shall, if the tribe
               deems it practicable, be held in the district in which
               the violation is alleged to have occurred.  The tribe
               shall permit all parties to respond to the notice
               served under section 1029 to present evidence and
               argument on all issues, to call witnesses, and to
               conduct cross-examination required for a full
               disclosure of the facts.

Section 1031.  Suspension, Modification, and Revocation of Permit.

          Upon a finding and determination, after hearing, that a
violation of a permit provision has occurred, the tribe shall suspend,
modify, or revoke the pertinent permit, or take such other action with
respect to the violation as may be authorized pursuant to regulations
promulgated by the tribe.

Section 1032.  Cease and Desist Orders.

          If the tribe determines, with or without a hearing, that
there exists a violation of any provision of this article or of any
order, permit, or control regulation issued or promulgated under
authority of this article, the tribe (or its appropriate agency) may
issue a cease and desist order.  Such order shall set forth the
provision alleged to be violated, the facts alleged to constitute the
violation, and the time by which acts or practices complained of must
be terminated.

Section 1033.  Clean-up Orders.

          The tribe (or its appropriate agency) may issue orders to
any person to clean up any material which he, or his employee, or his
agent has accidentally or purposely dumped, spilled, or otherwise
deposited in or near reservation waters which may pollute them.  The
tribe may also have the tribal attorney proceed and take appropriate
action.

Section 1034.  Restraining Orders and Injunctions.

          (a)  In the event any person fails to comply with a cease
               and desist order or clean-up order that is not subject
               to stay pending administrative or judicial review, the
               tribe may request the tribal prosecutor to bring, and
               if so requested it shall be his duty to bring, a suit
               for a temporary restraining order, preliminary
               injunction, or permanent injunction to prevent any
               further or continued violation of such order.  In any
               such suit the final findings of the tribe based upon
               evidence in the record, shall be prima facie evidence
               of the facts found therein.

          (b)  Suits under this section shall be brought, where
               practicable, in the tribal court of the district where
               the discharge occurs.  Emergencies shall be given
               precedence over all other matters pending in such
               court.  The institution of such injunction proceeding
               by the tribe shall confer upon such court exclusive
               jurisdiction to determine finally the subject matter of
               the proceeding.

Section 1035.  Civil Penalties.

          (a)  Any person who violates any provision of any permit
               issued under this article or any final cease and desist
               order or clean-up order shall be subject to a civil
               penalty of not more than ten thousand dollars ($10,000)
               per day for each day during which such violation occurs.

          (b)  Upon application of any of the Division, penalties
               shall be determined after a hearing as to the amount
               thereof and may be collected by the tribe by action
               instituted in tribal court by the tribal attorney for
               collection of such penalty.  A stay of any order of the
               tribe pending judicial review shall not relieve any
               person from any liability under subsection (a) of this
               section, but the reason for the request for judicial
               review shall be considered in the determination of the
               amount of the penalty.

Section 1034.  Criminal Pollution of Reservation Waters - Penalties.

          (a)  Any person who discharges any pollutant into any
               reservation waters commits criminal pollution or
               reservation waters if such discharge is made:

               (1)  In violation of any permit issued under this
                    article; or

               (2)  In violation of any cease and desist order or
                    clean-up order issued by the tribe (or its
                    appropriate agency) which is final and not stayed
                    by court orders; or

               (3)  Without a permit, if a permit is required by the
                    provisions of this article for such discharge,
                    unless there is then pending an application for
                    such a permit; or

               (4)  In violation of any applicable control regulation,
                    unless a permit has been issued therefore or
                    unless there is then pending an application for
                    such a permit.

          (b)  Prosecution under paragraphs (1) through (4) of
               subsection (a) of this section shall be commenced only
               upon complaint filed by the tribe.

          (c)  Any person who commits criminal pollution of
               reservation waters shall be fined, for each day the
               violation occurs, as follows:

               (1)  If the violation is committed with criminal
                    negligence or recklessly, the maximum fine shall
                    be one hundred fifty dollars ($150).

               (2)  If the violation is committed knowingly or
                    intentionally, the maximum fine shall be two
                    hundred dollars ($200).

               (3)  If two separate offenses under this Article occur
                    in two separate episodes during a period of two
                    years, the maximum fine for the second offense
                    shall be double the amounts specified in
                    paragraphs (1) and (2) of this subsection (c).

Section 1037.  Falsification and Tampering.

          Any person who knowingly makes any false statement,
representation, or certification in any application, record, report,
plan, or other document filed or required to be maintained under this
article, or who falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method required to be maintained
under this article is guilty of a misdemeanor and upon conviction
thereof, shall be punished by a fine of not more than three hundred
dollars ($300), or by imprisonment in the tribal jail for not more
than six (6) months, or by both fine and imprisonment.

Section 1038.  Proceedings by Other Parties.

          (a)  The factual or legal basis for proceedings or other
               actions that shall result from a violation of any
               control regulation inure solely to the benefit of the
               people of the tribe(s), and is not intended by this
               article, in any way, to create new private rights or to
               enlarge existing private rights.  A determination that
               water pollution exists or that any standard has been
               disregarded or violated, whether or not a proceeding or
               action may be brought by the Tribe, shall not create by
               reason thereof any presumption of law or finding of
               fact which shall inure to or be for the benefit of any
               person other than the tribe(s).

          (b)  A permit issued pursuant to this article may be
               introduced in any court of law as evidence that the
               permittee's activity is not a public or private
               nuisance.  Introduction into evidence of such permit
               and evidence of compliance with the permit conditions
               shall constitute a prima facie case that the activity
               to which the permit pertains is not a public or private
               nuisance.

                        GENERAL PROVISIONS

Section 1039.  Streambed Alteration.

          (a)  Alteration work shall not be permitted within the high
               water mark of any stream without receiving a permit
               from the Tribal Council.

     Any person proposing the project shall submit a work plan
     to the Tribal Council for their review.  As a part of
     the review process, the Tribal Council may consult
     the U.S. Fish and Wildlife Service and the Bureau of
     Indian Affairs for recommendations.  On this basis,
     the Council will either issue a permit, deny a permit,
     or request further review.

          (b)  There shall be no heavy equipment allowed within the
               confines of any stream.  In-stream work shall be
               completed with equipment situated out of the stream
               channel.

Section 1040.  Minimum In-Stream Flow.

          (a)  Under this article, minimum in-stream flow for cultural
               and traditional uses, fish and aquatic life, recreation
               and esthetic purposes are legitimate beneficial uses.

          (b)  Parties proposing to de-water major reservation streams
               for irrigation purposes or agricultural use must
               demonstrate to the tribe that the proposed activities
               will not interfere with a minimum stream-flow no less
               than ten (10) cubic feet per second (cfs) for the
               purposes of subsection (a).

          (c)  A minimum stream flow of 10 cfs shall be retained in
               all other streams at all times, unless the natural
               flow, due to natural conditions, is less than 10 cfs.

Section 1041.  Lakeshore Management.

          (a)  A permit is required by any person who proposes to do
               any work which will alter or diminish the course,
               current, or cross sectional area of a lake or its
               lakeshore.  Without limitation, the following
               activities are, when conducted below mean annual high
               water elevation, examples of work for which a permit is
               required.  Construction of channels and ditches;
               dredging of lake bottom areas to remove muck, silt, or
               weeds; lagooning; filling; constructing breakwaters or
               pilings, wharves, and docks.

          (b)  Any person proposing work within a lakeshore area shall
               submit a work plan to the Tribal Council for their
               review.  The Tribal Council will make the final
               decision on whether or not and how any work is
               accomplished, with the aid of the U.S.  Fish and
               Wildlife Service and the Bureau of Indian Affairs where
               appropriate.

               Factors to be considered during the review process are
               that the work will not, during either its construction
               or utilization:

               (1)  materially diminish water quality;

               (2)  materially diminish habitat for fish or wildlife;

               (3)  interfere with navigation or other lawful
                    recreation;

               (4)  create a public nuisance;

               (5)  create a visual impact discordant with natural
                    scenic values, as determined by the Tribal
                    Council, where such values form the predominant
                    landscape elements; or

               (6)  Materially impair cultural or traditional uses of
                    lakes and lakeshore areas.

          (c)  A person who performs work in a lake without a permit
               for that work shall, if required by the Tribal Council,
               restore the lake to its condition before it was
               disturbed, and is subject to the provisions for
               violations, remedies, and penalties under this Article
               as contained in Section 4000 et seq.

Section 1042.  Obstructions to Fish Passage.

          (a)  No object may be built in or across a stream that will
               block or inhibit the free passage of fish past that
               point.

          (b)  Any person proposing such work must submit a written
               project proposal to be reviewed by the Tribal Council
               in conjunction with the U.S. Fish and Wildlife Service,
               Bureau of Indian Affairs, or other appropriate parties
               at a public meeting.  If approval is received, and a
               permit granted, permit conditions must be adhered to
               which will facilitate the passage of fish.

Section 1043.  Forestry.

          (a)  Effective December 31, 1980, forest logging shall be
               prohibited within an area within ten (10) chains (660
               feet) of the bank of any reservation stream determined
               by the Tribe to have the potential to support a
               population of salmonid fishes or which serves as a
               spawning ground for the same.

          (b)  Logging roads shall be prohibited within the area
               described in subsection (a) except for permitted
               activities under subsection (c).

          (c)  Any person proposing access roads or trails or stream
               crossings along or over streams determined by the Tribe
               to have the potential to support a population of
               salmonid fishes or which serves as a spawning ground
               for the same shall submit a written project proposal to
               the Tribal Council for a permit to conduct such
               activities.  The Tribal Council shall make the final
               decision as to whether such activities will be
               permitted and what conditions shall be required in
               order to preserve the species or species habitat.

          (d)  Any person who seeks to harvest timber must submit a
               written project proposal to the Tribal Council for a
               permit to conduct such activities.  The Tribal Council
               shall make the final decision whether such activities
               will be permitted and under what conditions such
               activity will be permitted in order to:

               (1)  preserve the resulting water quality in order to
                    meet the standards of that particular watershed,
                    as established by the tribe pursuant to its stream
                    classification system under this Article; and

               (2)  Avoid general deterioration of water quality
                    through erosion from the practice of clear cutting
                    of timber.

Section 1044.  Oil & Gas Recovery Activities, Surface Mining.

          (a)  Effective December 31, 198__, oil and gas exploration
               and recovery activities including underground injection
               and surface mining activities shall be prohibited
               within an area 1,000 feet from the banks of any
               reservation stream or lake determined by the tribe to
               have the potential to support a population of salmonid
               fishes of which serves as a spawning ground for the
               same.

          (b)  Any person seeking to engage in such activities covered
               under subsection (a) within one-half mile of a tribally
               designated stream under that subsection must submit a
               written project proposal to the Tribal Council for a
               permit to conduct such activities.  The Tribal Council
               shall make the final decision as to whether such
               activities will be permitted and what conditions shall
               be required to preserve the species or species habitat.

          (c)  Effective December 31, 198__, oil and gas exploration
               and recovery activities, including underground
               injection, and surface mining activities, which will
               affect reservation streams and lakes will require a
               tribal permit.

          (d)  Any person seeking to engage in such activities covered
               under subsection (c) of this section must submit a
               written project proposal to the Tribal Council for a
               permit to conduct such activities.  The Tribal Council
               shall make the final decision as to whether such
               activities will be permitted and what conditions will
               be required to:

               (1)  Assure that the resulting water quality will meet
                    the standards of that particular watershed as
                    established by the Tribe pursuant to its stream
                    classification system under this Article; and

               (2)  Assure that all resulting effluent discharges from
                    such operations shall be retained or treated in a
                    proper manner so as to protect the watershed from
                    degradation from the tribally established standard
                    for that stream or watershed.

Section 1046.  Severability.

          (a)  If any provision of this article or the application
               thereof to any person or circumstance is held invalid,
               the invalidity shall not affect other provisions or
               applications of this article which can be given effect
               without regard to the invalid provision or
               applications, and to this end the provisions of this
               Act are severable.

                   WASTE MANAGEMENT ORDINANCE

           RESOURCE CONSERVATION AND RECOVERY ORDINANCE

Section 3001.  Definitions.  As used in this part, unless the
               context otherwise requires:

          (a)  "Approved site or facility" means a site or facility
               for which a certificate of designation has been
               obtained.

          (b)  "Board" means the tribal Health Board.

          (c)  "Person" means an individual, partnership, private or
               municipal corporation, firm, or other association of
               persons, or the Tribe or its agencies.

          (d)  "Recyclable materials" means a type of material that is
               subject to reuse or recycling.

          (e)  "Recycling operation" means that part of a solid wastes
               disposal facility or a part of a general disposal
               facility at which recyclable materials may be separated
               from other materials for further processing.

          (f)  "Solid wastes" means garbage, refuse, sludge of sewage
               disposal plants, and other discarded solid materials,
               including solid waste materials resulting from
               industrial, commercial, and community activities but
               does not include agricultural wastes.

          (g)  "Solid wastes disposal" means the collection, storage,
               treatment, utilization, processing, or final disposal
               of solid wastes.

          (h)  "Solid wastes disposal site and facility" means the
               location and facility at which the deposit and final
               treatment of solid wastes occur.

          (i)  "Transfer station" means a facility at which refuse,
               awaiting transportation to a disposal site, is
               transferred from one type of collection vehicle and
               placed into another.

Section 3002.  Facility Siting and Operation.

          (a)  It is declared to be unlawful for any person to operate
               a solid waste disposal site and facility within the
               exterior boundaries of the ____________reservation
               without first having obtained a certificate of
               designation for such activities from the tribal
               business council of the _______________ Tribe(s).

          (b)  Any site and facility for the disposal of mill
               tailings, metallurgical slag, mining wastes, junk
               automobiles, or parts thereof, or suspended solids
               collected, treated, or disposed of within a sanitary
               sewer system in operation immediately prior to January
               1, 1980, shall have until January 1, 1982, to comply
               with the provisions of this Article and the rules and
               regulations adopted by the Tribe or its Health Board.

          (c)  The final use for beneficial purposes, including
               fertilizer, soil conditioner, fuel, and livestock feed,
               of sewage sludge which has been processed and certified
               a designated as meeting all the requirements of the
               Health Board shall not require a certificate of
               designation for such final use.


Section 3003.  Application for Certificate.  Any person desiring to
               operate a solid wastes disposal site and facility
               within the ___________reservation shall make an
               application to the tribal council through the tribal
               Health Board.  Such application shall be accompanied by
               a non-refundable fee of fifty dollars ($50), and it
               shall set forth the location of the site and facility,
               the type of processing to be used, such as sanitary
               landfill, composting, or incineration; the hours of
               operation; the method of supervision; the rates to be
               charged, if any; the type of soil composition and
               location of groundwater; the type of monitoring to be
               conducted; and such other information as may be
               required by the tribal council.  The application shall
               also contain such engineering, geological, hydrological
               data, and operational data as may be required by the
               Board by regulation.  The application shall be referred
               to the tribal Health Board for review and
               recommendation as to approval or disapproval which
               shall be based upon criteria established by the tribal
               Health Board, in conjunction with the Tribal Council
               and the Air Quality Commission.

Section 3004.  Factors to be Considered.

          (a)  In considering an application for a certificate of
               designation, the Tribal Council shall take into account:

               (1)  The effect of solid wastes disposal and facility
                    siting on the surrounding property, taking into
                    consideration the types of processing to be used,
                    surrounding property uses and values, affected
                    waters of the reservation and stream
                    classification, wind and climatic conditions;

               (2)  The convenience and accessibility of the disposal
                    site and facility to potential users;

               (3)  The ability of the applicant to comply with the
                    health standards and operating procedures as may
                    be prescribed by the Health Board through its
                    rule-making powers; and

               (4)  Recommendations of the U.S. Indian Health Service
                    and the U.S. Environmental Protection Agency.

Section 3005.  Certificate.  If the Tribal Council deems that a
               certificate of designation should be granted to the
               applicant, it shall, after a public meeting to consider
               the application and the recommendations of the Health
               Board, issue a certificate valid for two years, and
               such certificate shall be displayed in a prominent
               place of the site and facility.

Section 3006.  Private Disposal Prohibited.  No private dumping of
               solid waste shall be made on any property within the
               reservation except in or at an approved site during
               official business hours; but private dumping of one's
               own solid wastes on one's own property shall not be
               subject to the provisions of this Article so long as it
               does not constitute a public nuisance endangering the
               health, safety, and welfare of others nor pollutes the
               air or water of this reservation and as long as such
               dumping is in accordance with the rules and regulations
               of the Health Board.

Section 3007.  Board to Promulgate Rules and Regulations.

          (a)  The tribal Health Board is hereby delegated rule-making
               powers to promulgate and is hereby legally directed to
               promulgate rules and regulations for the engineering
               design and operation of solid wastes, disposal sites
               and facilities, which may include but are not limited
               to:

               (1)  The establishment of engineering design criteria
                    applicable, but not limited to, protection of
                    surface and groundwaters, suitable soil
                    characteristics, distances from solid wastes
                    generation centers, access routes, distance from
                    water wells, disposal facility on-site traffic
                    control patterns, insect and rodent and livestock
                    control, methods of solid wastes compaction in the
                    disposal fill, confinement of windblown debris,
                    disposal of animal carcasses, disposal or recovery
                    of automobiles or household appliances, recycling
                    operations, fire prevention, and final closure of
                    the compacted fill; and

               (2)  The establishment of criteria for solid wastes
                    disposal sites and facilities which will place
                    into operation the engineering design for such
                    disposal sites and facilities.

Section 3008.  Minimum Standards.

          (a)  The rules and regulations promulgated by the tribal
               Health Board shall contain the following minimum
               standards;

               (1)  Such sites shall be located, operated, and
                    maintained in a manner so as to control obnoxious
                    odors and prevent rodent and insect breeding and
                    infestation, and they shall be adequately covered
                    during their use.

               (2)  Such sites and facilities shall comply with the
                    health laws, standards, rules and regulations of
                    the board, the tribal water quality code, rules
                    and regulations of the Air Quality Commission, and
                    all applicable zoning laws and ordinances.

               (3)  No radioactive materials or materials contaminated
                    by radioactive substances including tailings shall
                    be disposed of in sites on or facilities not
                    specifically designated for that purpose.

               (4)  A site or facility operated as a sanitary landfill
                    shall provide means of finally disposing of solid
                    wastes on land in a manner to minimize nuisance
                    conditions such as smoke, odors, windblown debris,
                    insects, rodents; and shall provide compacted fill
                    material; shall provide adequate cover with
                    suitable material and surface drainage designed to
                    prevent ponding and water and wind erosion and
                    prevent water and air pollution; and, upon being
                    filled, shall be left in a condition of
                    orderliness and good esthetic appearance and
                    capable of being blended with one surrounding
                    area.  In the operation of such a site and
                    facility, the solid wastes shall be distributed in
                    the smallest area consistent with handling traffic
                    to be unloaded; shall be placed in the most dense
                    volume practicable using moisture and compaction
                    or other method approved by the Department; shall
                    be insect, rodent, and livestock resistant through
                    the application of an adequate layer of inert
                    material at regular intervals; and shall have a
                    minimum of windblown debris which shall be
                    collected at regular intervals and be placed into
                    the fill.

               (5)  Sites and facilities shall be adequately fenced so
                    as to prevent waste material and debris from
                    escaping therefrom, and material and debris shall
                    not be allowed to accumulate along the fence line.

               (6)  Solid wastes disposed at any site or facility or
                    on private property shall not be burned except
                    that, in extreme emergencies resulting in the
                    generation of large quantities of combustible
                    materials, authorization for burning under
                    controlled conditions may be given by the Board.

Section 3009.  Revocation of Certificate.  The Tribal Council, after
               reasonable notice and opportunity for a public hearing,
               shall temporarily suspend or revoke a certificate of
               designation that has been granted by it for failure of
               a site and facility to comply with all applicable laws,
               resolutions, and ordinances or to comply with this
               Article or any rule or regulation adopted pursuant
               thereto.


Section 3010.  Public Nuisances.  Any solid waste disposal site and
               facility found to be abandoned or that is operated or
               maintained in a manner so as to violate any of the
               provisions of this Article or any rule or regulation
               adopted pursuant thereto shall be deemed a public
               nuisance, and such violation may be enjoined by the
               tribal court in an action brought by the Tribe.  This
               section applies as well as to tribally-operated and
               maintained disposal sites and facilities and the
               Tribe's immunity from suit in tribal court is hereby
               waived for actions brought by any person under this
               Article.

Section 3011.  Violation - Penalty.  Any person who violates any
               provision of this Article is guilty of a misdemeanor
               and, upon conviction thereof, shall be punished by a
               fine of one hundred dollars ($100), or by imprisonment
               in the tribal jail for not more than thirty (30) days,
               or by both such fine and imprisonment.  Each day of
               violation shall be deemed a separate offense under this
               section.

Section 3012.  Severability.

          If any provision of this article or the application thereof
to any person or circumstance is held invalid, the invalidity shall
not affect other provisions or applications of this Act which can be
given effect without regard to the invalid provision or application;
and to this end the provisions of this article are severable.

              UNDERGROUND INJECTION CONTROL ORDINANCE

                   UNDERGROUND INJECTION CONTROL

Section 6000.  Legislative Declaration.  It is hereby declared that
               the waters of the ________________reservation used for
               water supply for domestic, agricultural, and municipal
               purposes constitute an invaluable resource of the
               ____________Indian reservation and is a matter of
               public interest and concern.  In the exercise of its
               police powers, the _____________Tribe(s), through its
               legislative body hereby enacts this "Underground
               Injection Control Ordinance" to preserve, maintain, and
               improve its underground water supply systems to protect
               the general health, safety, and welfare of the members
               of the _____________ Tribe(s) and for the health and
               safety of all persons within the _______________
               reservation.

Section 6001.  Classification of Injection Wells.  Injection wells
               within the _____________reservation are classified as
               follows:

          (a)  Class I.

               (1)  Wells used by generators of hazardous wastes or
                    owners or operators of hazardous waste management
                    facilities to inject hazardous waste, other than
                    class IV wells.

               (2)  Other industrial and municipal disposal wells
                    which inject fluids beneath the lowermost
                    formation containing, within one quarter mile of
                    the well bore, an underground source of drinking
                    water.

          (b)  Class II Wells.  Wells which inject fluids:

               (1)  Which are brought to the surface in connection
                    with conventional oil or natural gas production;


               (2)  For enhanced recovery of oil or natural gas
                    productions; and

               (3)  For storage of hydrocarbons which are liquid at
                    standard temperature and pressure.

          (c)  Class III wells.  Wells which inject for extraction of
               minerals or energy including:

               (1)  Mining of sulphur by the Frasch Process;

               (2)  Solution mining of minerals;

               (3)  In Situ combustion of fossil fuel, and

               (4)  Recovery of geothermal energy.

          (d)  Class IV wells.  Wells which are used by generators of
               hazardous water or radioactive wastes, by owners or
               operators of hazardous watter management facilities, or
               by owners or operators of radioactive wastes into or
               above a formation which within one quarter mile of the
               well contains an underground source of drinking water.

          (e)  Class V wells.  Injection wells not included in Classes
               I, II, III, or IV.

Section 6002.  Unauthorized Injection Prohibited.

          (a)  Effective July 1, 1981, no person shall construct any
               injection well without first obtaining a permit from
               the ______________ Tribe(s).

          (b)  Effective December 31, 1981, no person may continue to
               operate an underground injection well in existence on
               the date of passage of this Ordinance except as
               authorized by a permit from the Tribe(s).

          (c)  Tribal permits issued under subsections (a) and (b) of
               this section are subject to the limitations specified
               in section 6003.

Section 6003.  Prohibition of Movement of Fluid.

          (a)  No authorization by permit shall be allowed in the
               following circumstances:

               (1)  Where a Class I, II, or III well causes or allows
                    movement of fluid into underground sources of
                    drinking water.

               (2)  Where a Class IV or V well causes or allows
                    movement of fluid containing any contaminant into
                    underground sources of drinking water and the
                    presence of that contaminant may adversely affect
                    the health of persons.

          (b)  For Class I, II, and III wells, if any monitoring
               indicates the movement of any injection or formation
               fluids into underground sources of drinking water, the
               Tribe(s) shall prescribe such additional requirements
               for construction, corrective action, operation,
               monitoring, and reporting (including closure of the
               injection well) as are necessary to prevent such
               movement.  These additional requirements shall be
               imposed by modifying the permit, or the permit may be
               terminated, or other appropriate enforcement action may
               be taken if the permit has been violated.

          (c)  For Class V wells, if the Tribe(s) learns that a Class
               V well may exceed the primary standards set for
               drinking water as set forth in the 40 CFR Part 142, the
               Tribe(s) shall:

               (1)  Require the injector to obtain an individual
                    permit;

               (2)  Order the injector to take such corrosive actions
                    (including when required the closure of the
                    injection well) as may be necessary to prevent the
                    violation; or

               (3)  Take enforcement action.

          (d)  Whenever the Tribe(s) learns that a Class V well may be
               otherwise adversely affecting the health of persons,
               the Tribe(s) may prescribe such actions as may be
               necessary to prevent the adverse affect, including any
               action authorized under subsection (c) of this section.

          (e)  Notwithstanding any other provision of this section,
               the Tribe(s) may take emergency action upon receipt of
               information that a contaminant which is present in or
               is likely to enter a public water system may present an
               imminent and substantial endangerment to the health of
               persons.

Section 6004.  Identification of Underground Sources - Exemptions.

          (a)  After notice and opportunity for a public meeting, the
               Tribe(s) may identify (by narrative descriptions,
               illustrations, maps, or other means) and protect,
               except where exempted under subsection (b) of this
               section, as an underground source of drinking water,
               all aquifers or parts of aquifers which meet the
               definition of an "underground source of drinking water"
               in section ______.  Even if an aquifer has not been
               specifically identified by the Tribe(s), it is an
               underground source of drinking water if it meets the
               definition in section _____.

          (b)  After notice and opportunity for a public hearing the
               Tribe(s) may identify (by narrative description,
               illustrations, maps, or other means) and describe in
               geographic and/or geometric terms (such as vertical and
               lateral limits and gradient) which are clear and
               definite, all aquifers or parts thereof which the
               Tribe(s) proposes to designate as exempted aquifers.

Section 6005.  Elimination of Certain Class IV Wells.

          (a)  Effective January 1, 1981, there shall be prohibited
               construction of any Class IV well for the injection of
               hazardous waste directly into an underground source of
               drinking water.

          (b)  The injection of hazardous waste directly into an
               underground source of drinking water through a Class IV
               well that was not in operation prior to January 1, 1981
               (or "the effective date of this Ordinance") shall be
               prohibited.

          (c)  Any increase in the amount of hazardous waste or change
               in the type of hazardous waste injected into a well
               injecting hazardous waste directly into an underground
               source of drinking water shall be prohibited effective
               January 1, 1981.

          (d)  The operation of any Class IV well injecting hazardous
               waste directly into an underground source of drinking
               water shall be prohibited after six months from the
               date of the adoption of this Ordinance.

Section 6006.  Application for a Permit.

          (a)  Any person who performs or proposes an underground
               injection for which a permit is or will be required
               shall submit an application to the Tribe(s) as follows:

               (1)  For existing injection wells, as expeditiously as
                    practicable and no later than one (1) year from
                    the adoption of this Ordinance.

               (2)  For new injection wells, a reasonable time before
                    construction is expected to begin.

Section 6007.  Area Permits.

          (1)  The Tribe(s) may issue permits on an area basis, rather
               than for each well individually, provided that the
               permit is for injection wells:

               (1)  Described and identified by location in permit
                    application(s), if they are existing wells;

               (2)  Within the same well field, facility, site,
                    reservoir, project, or similar unit in the
                    reservation;

               (3)  Of similar construction;

               (4)  Of the same classification under section 6001; and

               (5)  Operated by a single owner or operator.

          (b)  Area permits shall specify:

               (1)  The area within which underground injections are
                    authorized, and

               (2)  The requirements for construction, monitoring,
                    reporting, operation, and abandonment, for all
                    wells authorized by the permit.

          (c)  The permit may authorize the permittee to construct and
               operate new injection wells within the permit area
               provided:

               (1)  The permittee notifies the Tribe(s) no later than
                    the date on which the monitoring reports are
                    required to be submitted under section ____,
                    pursuant to a procedure specified in the permit,
                    when and where the new well has been or will be
                    drilled;

               (2)  The additional well satisfies the criteria in
                    subsection (a) of this section and meets the
                    requirements specified in the permit under
                    subsection (b) of this section; and

               (3)  The cumulative effects of drilling and operation
                    of additional injection wells are considered by
                    the Tribe(s) during evaluation of the area permit
                    application and are acceptable to the Tribe(s).

          (d)  If the Tribe(s) determines that any well constructed
               pursuant to subsection (c) of this section does not
               satisfy any of the requirements in subsection (c)(1) or
               (2) of this section, the Tribe(s) may modify the
               permit, terminate the permit, or take enforcement
               action.  If the Tribe(s) determines that cumulative
               effects are unacceptable, the permit may be modified.

               GENERAL PERMIT REQUIREMENTS FOR PROGRAMS
                 UNDER THE "RESOURCE CONSERVATION AND
               RECOVERY ORDINANCE" AND THE "UNDERGROUND
                     INJECTION CONTROL" ORDINANCE.

Section 6050.  Application for a Permit.

          (a)  Any person who is required to have a permit (including
               new applicants and permittees with expiring permits)
               shall complete, sign, and submit an application to the
               Tribe(s) as described in this section and in section
               3002, Resource Conservation and Recovery Ordinance,
               sections 6006 and 6007, Underground Injection Control
               Ordinance.

          (b)  Any person who owns or operates any facility, activity,
               or process which requires a permit must sign the permit
               application.  When a facility or activity is owned by
               one person but is operated by another person, it is the
               operator's duty to obtain a permit but the owner must
               also certify and sign the permit application.

          (c)  The Tribe(s) shall not issue a permit under a program
               before receiving a complete application for a program. 
               An application for a permit under a program is complete
               when the Tribe(s) receives an application and any
               supplemental information which are completed to the
               Tribes' satisfaction.  The completeness of any
               application for a permit shall be judged independently
               of the status of any other permit application or permit
               for the same facility or activity.

          (d)  All applicants for solid waste or UIC permits shall
               provide the following information to the Tribe(s):

               (1)  The activities conducted by the applicant which
                    require it to obtain permits under the Resource
                    Conservation and Recovery Ordinance and the
                    Underground Injection Control Program.

               (2)  Name, mailing address, location, principal
                    officers, and authorized agent for service of
                    process of the facility for which the application
                    is submitted.

               (3)  The operator's name, address, telephone number,
                    ownership status, and status as federal, state,
                    private, public or other entity.

               (4)  The legal status of the land upon which the
                    facility is to be located.

               (5)  A listing of all permits or construction approvals
                    received or applied for under any of the following
                    programs:

                    (A)  Hazardous Waste Management under the federal
                         Resource Conservation and Recovery Act.

                    (B)  Underground Injection Control under the Safe
                         Drinking Water Act.

                    (C)  NPDES Program under the federal Clean Water
                         Act.

                    (D)  Prevention of Significant Deterioration (PSD)
                         Program under the federal Clean Air Act.

                    (E)  Non-attainment Program under the Clean Air
                         Act.

                    (F)  National Emission Standards for Hazardous
                         Pollutants (NESHAPS) pre-construction
                         approval under the Clean Air Act.

                    (G)  Dredged and fill permits under section 404 of
                         the Clean Air Act.

                    (H)  Other relevant environmental permits,
                         including Department of Interior permits and
                         leases.

               (6)  A topographical map (or other map if a topographic
                    map is unavailable) extending one mile beyond the
                    property boundaries of the source, depicting the
                    facility and each of its intake and discharge
                    structures; each of its hazardous waste,
                    treatment, storage, or disposal facilities; each
                    well where fluids from the facility are injected
                    underground; and those wells, springs, other
                    surface water bodies, and drinking water wells
                    listed in public records or known to the applicant
                    in the map area.

               (7)  A brief description of the nature of the business.

               (8)  Applicants shall keep records of all dates used to
                    complete permit applications and any supplemental
                    information for a period of at least three (3)
                    years from the date the application is signed.

Section 6051.  Signatories to Permit Applications and Reports.

     (a)  All permit applications shall be signed as follows:

          (1)  For a corporation - by a principal executive officer;

          (2)  For a partnership or sole proprietorship - by a general
               partner;

          (3)  For a municipality, state, federal, or other public
               agency - by either a principal executive officer or
               ranking elected officer.

     (b)  Reports.  All reports required by permits and other
          information requested by the Tribe(s) shall be signed by a
          duly authorized representative.  A person is a duly
          authorized representative only if:

          (1)  The authorization is made in writing by a person
               described in subsection (a) of this section.

          (2)  The authorization specifies either an individual or a
               position having responsibility for the overall
               operation of the regulated facility, process, or
               activity, such as the position of plant manager,
               operator of a well or a well field, superintendent, or
               a position of equivalent responsibility.  A duly
               authorized representative may thus be either a named
               individual or any individual occupying a named
               position; and

          (3)  The written authorization is submitted to the Tribe(s).

     (c)  Any person signing a document under subsections (a) or (b)
          of this section shall make the following certification which
          shall be affixed in writing to the initial document under
          subsections (a) or (b):

                "I, (name) certify under penalty of law that I have
          personally examined and am familiar with the information
          submitted in this document and all attachments and that,
          based on my inquiry of those individuals immediately
          responsible for obtaining the information, I believe that
          the information is true and accurate and complete.  I am
          aware that there may be significant penalties for submitting
          false information, including the possibility of fine and
          imprisonment, and I hereby consent to the personal
          jurisdiction of the tribal court to resolve these and other
          related legal issues, should they arise."

Section 6052.  Conditions Applicable to All Permits.

          The following apply to all Resource Conservation and UIC
    permits, water discharge permits and dredge and fill permits:

          (a)  Duty to Comply.  The permittee must comply with all
               conditions of the specific permit.  Permit
               non-compliance constitutes a violation of the
               appropriate ordinance and is grounds for an enforcement
               action; for permit termination, revocation, reissuance,
               or modification; or for denial of a permit renewal
               application.

          (b)  Duty to Re-apply.  If the permittee wishes to continue
               an activity regulated by this permit after the
               expiration date of this permit, the permittee must
               apply for and obtain a new permit.

          (c)  Duty to Halt or Reduce Activity.  It shall not be a
               defense for a permittee in an enforcement action that
               it would have been necessary to halt or reduce the
               permitted activity in order to maintain compliance with
               the conditions of this permit.

          (d)  Duty to Mitigate.  The permittee shall take all
               reasonable steps to minimize or correct any adverse
               impact on the environment resulting from non-compliance
               with this permit.

          (e)  Permit Operation and Maintenance.  The permittee shall
               at all times properly operate and maintain all
               facilities and systems of treatment and control which
               are installed or used by the permittee to achieve
               compliance with the conditions of this permit.

          (f)  Permit Actions.  This permit may be modified, revoked
               and re-issued, or terminated for cause.  Permit
               conditions are not stayed by any request by the
               permittee.

          (g)  Property Rights.  This permit does not convey any
               property rights of any sort, or any exclusive privilege.

          (h)  Duty to Provide Information.  The permittee shall
               furnish to the Tribe(s), within a reasonable time, any
               information which the Tribe(s) may request to determine
               whether cause exists for modifying, revoking,
               reissuing, or terminating this permit, or to determine
               compliance with this permit.  The permittee shall
               furnish to the Tribe(s), upon request, copies of
               records required by this Article to be kept by the
               permittee.

          (i)  Inspection and Entry.  The permittee shall allow the
               Tribe(s), through its authorized agent(s), upon the
               presentation of credentials and other documents as may
               be required by law to:

               (1)  Enter upon the permittee's premises where a
                    regulated facility, activity, or process is
                    located, or where records must be kept under the
                    conditions of this permit;

               (2)  Have access to and copy, at reasonable times, any
                    records that must be kept under the conditions of
                    this permit;

               (3)  Inspect at reasonable times any facilities,
                    equipment (including monitoring and control
                    equipment) practices, or operations regulated or
                    required under this permit; and

               (4)  Sample or monitor at reasonable times, for the
                    purposes of assuring permit compliance or as
                    otherwise authorized by the appropriate tribal
                    Ordinance, any substances or parameters at any
                    location.

          (j)  Monitoring and Records.

               (1)  Sampling and measurements taken for the purpose of
                    monitoring shall be representative of the
                    monitored activity.

               (2)  The permittee shall retain records of all
                    monitoring information, including calibration and
                    maintenance records and all original strip chart
                    recordings for continuous monitoring
                    instrumentation, copies of all reports required by
                    this permit, for a period of at least three (3)
                    years from the date of the sample, measurement,
                    report or application.  This period may be
                    extended by request of the Tribe(s) at any time.

               (3)  Records for monitoring shall include:

                    (A)  The date, exact place, and time of sampling or
                         measurements;

                    (B)  The individual(s) who performed the sampling
                         or monitoring;

                    (C)  The date analyses were performed;

                    (D)  The analytical techniques or methods used; and

                    (E)  The results of such analyses.

          (k)  Signatory Requirements.  All applications, reports, and
               information submitted to the Tribe(s) shall be signed
               and certified under section 6051.

               (1)  Reporting Requirements.

               (1)  Planned Changes.  The permittee shall give notice
                    to the Tribe(s) as soon as possible of any planned
                    physical alterations or additions to the permitted
                    facility;

               (2)  Anticipated Non-compliance.  The permittee shall
                    give advance notice to the Tribe(s) of any planned
                    changes in the permitted facility or activity
                    which may result in non-compliance with the permit
                    requirements.

               (3)  Transfers.  This permit is not transferrable to
                    any person except after notice to the Tribe(s).
                    The Tribe(s) may require modification or
                    revocation and reissuance of the permit to change
                    the name of the permittee and incorporate such
                    other requirements as may be necessary under the
                    appropriate tribal Ordinance.

               (4)  Compliance Schedules.  Reports of compliance or
                    non-compliance with, or any progress reports on,
                    interim and final requirements contained in any
                    compliance schedule of this permit shall be
                    submitted no later than fourteen (14) days
                    following each schedule date.

Section 6060.  Severability.  If any provision of this article or the
application thereof to any person or circumstance is held invalid, the
invalidity shall not affect other provisions or applications of this
article which can be given effect without regard to the invalid
provision or application, and to this end the provisions of this
article are severable.


                 AIR POLLUTION CONTROL ORDINANCE

                       AIR POLLUTION CONTROL

Section 7000.  Legislative Declaration.  In order to protect,
maintain, and enhance the health, welfare, culture and traditions,
convenience and comfort of the members of the ______________Tribe(s)
and the health and welfare of all residents of the
________________Indian reservation and in order to facilitate the
enjoyment of nature, scenery, and other resources of the Tribe, it is
declared to be the policy of the Tribe of achieve the maximum
practical degree of air purity in every portion of the reservation. 
To that end, it is the purpose of this article to require the use of
all available practical methods to reduce, prevent and control air
pollution throughout the entire reservation.  It is further declared
that the prevention, abatement, and control of air pollution
throughout the entire reservation are matters of tribal concern and
are affected with the public interest and that provisions of this
article are enacted in the exercise of the police powers of this tribe
for the purpose of protecting the health, peace, safety, cultural
resources, and general welfare of the people of this reservation.

Section 7001.  Definitions.  As used in this article, unless the
context otherwise requires:

          (a)  "Air contaminant" means fumes, smoke, particulate
               matter, vapor, gas, or any combination thereof, but it
               does not include water vapor or steam condensate.

          (b)  "Air contamination source" means any source whatsoever,
               at, from or by reason of which there is emitted or
               discharged into the atmosphere any air contaminant.

          (c)  "Ambient air" means the surrounding or outside air.

          (d)  "Commission" means the Air Pollution Control Commission
               created by section 7003.

          (e)  "Emission" means the discharge or release into the
               atmosphere of one or more air contaminants.

          (f)  "Emission control regulation" means and includes any
               standard promulgated by regulation which is applicable
               to all air contamination sources within a specified
               area and which prohibits or establishes limits for
               specific types of emissions in such area, and also any
               regulation which by its terms is applicable to a
               specified type of a facility, process, or activity for
               the purpose of controlling the extent, degree, or
               nature of contamination emitted from such type of
               facility, process, or activity, and also any regulation
               adopted for the purpose of preventing or minimizing
               emission or any air contaminant in potentially
               dangerous quantities.

          (g)  "Person" means any individual, public or private
               corporation, partnership, association, firm, trust,
               estate, the Tribe or its departments and agencies, and
               any other legal entity whatsoever which is recognized
               by law as the subject of rights and duties.

          (h)  "Variance Board"  means the Variance Board created by
               section 7013.

Section 7003.  Air Pollution Control Commission Created.

          (a)  There is hereby created (in the division/department of
               _______________) the air pollution control commission,
               which shall consist of (5) members as follows:

               (1)  One member designated by the tribal Health Board
                    appointed by the Tribal Chairperson/President;

               (2)  Four residents of this reservation who shall be
                    appointed by the Tribal Chairperson with the
                    consent of the Tribal Business Council.

          (b)  Appointments to the Commission shall be made so as to
               include appropriate scientific, cultural, technical,
               agricultural, and legal training within its own
               membership; although no specific number of its members
               shall be required to be so trained, although a majority
               of members must be officially enrolled members of the
               Tribe(s).

          (c)  Terms for appointments shall be for three years, except
               that for appointments to begin January 1, 1981, two
               shall be for terms expiring January 1, 1982, and two
               for terms expiring January 1, 1984.  Thereafter, the
               three-year terms of all appointed members shall
               commence on January 2 of the year of appointment.  Any
               vacancy occurring during the term of office of any
               appointed member shall be filled by appointment by the
               Tribal Chairperson of a qualified person for the
               unexpired portion of the regular term.

          (d)  Each member of the Commission not otherwise in
               full-time employment of the Tribe shall receive a per
               diem of forty dollars for each day actually and
               necessarily spent in the discharge of official duties,
               but not to exceed twelve hundred dollars in any one
               year; and all members shall receive traveling and other
               necessary expenses actually incurred in the performance
               of official duties.

          (e)  All members of the Commission shall have a vote.  A
               majority of the Commission shall constitute a quorum,
               and the concurrence of a majority of the Commission in
               any matter within its powers and duties shall be
               required for any determination made by the Commission.

Section 7004.  Duties of Air Pollution Control Commission.

          (a)  The commission shall develop and maintain a
               comprehensive program for prevention, control, and
               abatement of air pollution throughout the entire
               reservation, including a program for control of
               emissions from all significant sources of air
               pollution, and shall promulgate ambient air goals for
               every portion of the reservation.

          (b)  The commission shall adopt and modify such plans as may
               be necessary for the implementation of such programs. 
               Ambient air quality standards and emission control
               regulations shall be adopted and promulgated in
               accordance with sections 7006 and 7007.

          (c)  The commission and the tribal board of health shall
               hold a joint public hearing during the month of October
               of each year in order to hear public comment on air
               pollution problems within the reservation, alleged
               sources of air pollution within the reservation, and
               the availability of practical remedies therefor.

          (d)  On or before December 1 of each year, the Commission
               shall report to the Tribal Chairperson on the
               effectiveness of the provisions of this Article in
               carrying out the legislative intent, as declared in
               section 7000, and shall include in such report such
               recommendations as it may have with respect to any
               legislative changes that may be needed or desirable.

          (e)  The Commission shall receive all applications for
               hearings concerning violations and all applications for
               the granting of variances made pursuant to sections
               7012 or 7014 and may, in its discretion, either set
               such applications for hearing and determination by the
               Commission in accordance with the provisions of
               sections 7014 or 7015 or transmit such applications to
               the variance board for hearing and determination in
               accordance with the provisions of section 7015.

Section 7005.  Commission - Additional Authority.

          (a)  The Commission shall have maximum flexibility in
               developing an effective air pollution control program
               and may promulgate such combination of regulations as
               may be necessary or desirable to carry out the
               legislative purpose set forth in section 7000.  Such
               regulations may include, but shall not be limited to:

               (1)  Division of the reservation into such control
                    zones or areas as may be necessary or desirable
                    for effective administration of the air pollution
                    control program;

               (2)  Classification and definition of different degrees
                    or types of air pollution; or

              (3)  Emission control regulations that are applicable to
                   the entire reservation, that are applicable only
                   within specified areas or zones of the reservation,
                   or that are applicable only when a specified class
                   of pollution is present.

          (b)  The Commission may hold public hearings, issue notice
               of hearings, issue subpoenas requiring the attendance
               of witnesses and the production of evidence, administer
               oaths, and take such testimony as it deems necessary.

          (c)  The Commission may adopt such rules and regulations
               governing procedures before the variance board as may
               be necessary to assure that hearings before said board
               will be fair and impartial.

          (d)  The Commission may exercise all incidental powers
               necessary to carry out the purposes of this Article.

          (e)  The Commission may require the owner or operator, or
               both, of any air contamination source to:

               (1)  Establish and maintain reports as prescribed by
                    the commission;

               (2)  Install, use, and maintain monitoring equipment or
                    methods as prescribed by the commission;

               (3)  Record sample emissions in accordance with such
                    methods, at such locations, at such intervals, and
                    in such manner as the commission shall prescribe;
                    and

               (4)  Provide such other information as the commission
                    may require.

Section 7006.  Commission to Promulgate Ambient Air Quality Standards.

          (a)  In addition to the other powers and duties enumerated
               in this article, the Commission shall have the power to
               adopt, promulgate, amend, and modify such standards for
               the quality of ambient air as may be appropriate or
               necessary to carry out the purposes of this Article,
               including, but not limited to:

               (1)  Standards which describe the maximum
                    concentrations of specifically described
                    contaminants that can be tolerated, consistent
                    with the protection of the good health of the
                    public at large; such standards may differ for
                    different parts of the reservation as may be
                    necessitated by variations in altitude,
                    topography, climate, or meteorology;

               (2)  Standards which describe the air quality goals
                    that are to be achieved by control programs within
                    specified periods of time; such standards may be
                    either reservation-wide or restricted to specified
                    control areas; and

               (3)  Standards which describe varying degrees of
                    contamination of ambient air.

          (b)  Ambient air standards shall include such requirements
               for test methods and procedures as will assure that the
               samples of ambient air tested are representative of the
               ambient air.

Section 7007.  Commission To Promulgate Air Emission Control
               Regulations.

          (a)  As promptly as possible, the Commission shall adopt and
               promulgate emission control regulations which require
               the use of effective practical air pollution controls
               for each significant source, potential source, and type
               of source of air contamination throughout the entire
               reservation and thereafter may modify such regulations
               from time to time.  In the formulation of each emission
               control regulation, the Commission shall take into
               consideration the following:

               (1)  The tribal policy regarding air pollution, as set
                    forth in section 7000;

               (2)  Federal recommendations;

               (3)  The degree to which the concentrations of certain
                    types of contaminants in certain portions of the
                    reservation require that emission control
                    regulations be more stringent than in other
                    portions of the reservation;

               (4)  The degree to which any particular types of
                    emission is subject to treatment, the availability
                    and feasibility of control, techniques, and the
                    extent to which the emission to be controlled is
                    significant;

               (5)  The continuous, intermittent, or seasonal nature
                    of the emission to be controlled;

               (6)  Whether the emission control regulation should be
                    applied throughout the entire reservation or only
                    in a specified portion of the reservation; and

               (7)  The need for specification of safety precautions
                    that should be taken with respect to any source or
                    potential source or type of source of air
                    contamination.

          (b)  Such emission control regulations may include, but
               shall not be limited to, regulations pertaining to:

               (1)  Visible pollutants;

               (2)  Particulates;

               (3)  Sulfur oxides, sulfuric acids, hydrogen sulfide,
                    nitrogen oxides, carbon oxides, hydrocarbons,
                    fluorides, and any other chemical substance;

               (4)  Odors;

               (5)  Open burning of incidental refuse, open burning at
                    dumps, open burning for agricultural purposes,
                    open burning of junk automobiles, and any other
                    open burning activity;

               (6)  Organic solvents;

               (7)  Photochemical substances; and

               (8)  Toxic gases.

          (c)  The Commission has the duty to identify each type of
               facility, process, and activity which produces or which
               potentially or accidentally might produce significant
               emission of air contaminants and shall promulgate an
               emission control regulation for each such facility,
               process, and activity, except for motor vehicles and
               airplanes to the extent prohibited by federal law.  The
               requirements and prohibitions contained in such
               regulations shall be set forth with as much
               particularity and clarity as is practical.  Upon
               adoption of an emission control regulation under this
               subsection (c) for the control of a specific facility,
               process, or activity, such regulation shall apply to
               the exclusion of other emission control regulations
               adopted pursuant to subsection (b) of this section;
               prior to such adoption, the general regulations adopted
               pursuant to subsection (b) of this section shall be
               applicable to such facility, process, or activity. 
               Emission control regulations adopted pursuant to this
               section may include, but shall not be limited to,
               regulations pertaining to the following facilities,
               processes, and activities.

               (1)  Incinerator and incinerator design;

               (2)  Storage and transfer of petroleum products and any
                    other volatile substance;

               (3)  Activities which frequently result in particulate
                    matter becoming airborne, such as construction and
                    demolition operations and operation of parking
                    lots;

               (4)  Specifications, prohibitions, and requirements
                    pertaining to fuels and fuel additives, such as
                    tetraethyl lead;

               (5)  Wigwam waste burners, pulp mills, alfalfa
                    dehydrators, asphalt plants, and any other
                    industrial or commercial activity which tends to
                    emit air contaminants as a by-product;

               (6)  Industrial process equipment;

               (7)  Industrial spraying operations; or

               (8)  Storage and transfer of toxic gases.

          (e)  Among its emission control regulations, the commission
               shall include appropriate regulations pertaining to
               accidents, shutdowns, and other conditions which
               justify temporary relief from controls.

          (f)  Each emission control regulation shall be operative
               regard to any ambient air quality standard unless such
               regulation expressly provides otherwise.

Section 7008.  Commission - Procedures to be Followed in Setting
               Standards and Regulations.

          (a)  Prior to adopting, promulgating, amending, or modifying
               any ambient air standard authorized in Section 7006 or
               any emission control regulation in Section 7007, the
               Commission shall conduct a public hearing thereon. 
               Notice shall be given at least sixty (60) days prior to
               the hearing and shall include each proposed regulation,
               and shall be mailed to all persons who have filed with
               the Commission a written request to receive such
               notices.

          (b)  Any person desiring to propose a regulation differing
               from the regulation proposed by the Commission shall
               file such other proposal with the Commission not less
               than twenty days prior to the hearing, and, when on
               file such proposal shall be open for public inspection.

          (c)  Witnesses at the hearing shall be subject to
               cross-examination by or on behalf of the commission and
               by or on behalf of persons who have proposed
               regulations pursuant to subsection (b) of this section.

          (d)  Regulations promulgated pursuant to sections 7006 and
               7007 shall not take effect until thirty days after they
               have been filed with the Secretary, Tribal Business
               Council.

Section 7009.  Inspection and Entry.

          In addition to authority specified elsewhere in this
Article, the Tribe through its Air Pollution Control Commission has
the power to enter and inspect any property, premises, or place for
the purposes of investigating any actual, suspected, or potential
source of air pollution or air contamination or ascertaining
compliance or noncompliance with any emission standard or any order
promulgated under this Article; except that, if such entry or
inspection is denied or not consented to, the Commission or its agent
is empowered to and shall obtain from the tribal court a warrant to
enter and inspect any such property, premise, or place prior to entry
and inspection.  The tribal court(s) of this reservation are empowered
to issue such warrants upon a proper showing of the need for such
entry and inspection.  Any information relating to secret commercial
process, or method or manufacture, or production obtained in the
course of the inspection or investigation shall be kept confidential.

Section 7010.  Air Pollution Emergencies Endangering Public Health.

          (a)  Whenever the Commission shall determine, after
               investigation, that any person is either engaging in
               any activity involving significant risk of air
               contamination or is discharging or causing to be
               discharged into the atmosphere, directly or indirectly,
               any air contaminant and such activity or discharge
               constitutes a clear, present, and immediate danger to
               the health of the public, or that any such activity or
               discharge of air contaminants, if permitted to continue
               unabated, will result in a condition of clear, present,
               and immediate danger to the health of the public, the
               Commission shall:

               (1)  Issue a written cease and desist order to said
                    person requiring immediate discontinuance of such
                    activity or discharge of such contaminant into the
                    atmosphere, and upon receipt of such order, such
                    person shall immediately discontinue such activity
                    or discharge; or

               (2)  Apply to any tribal court of this Tribe for a
                    temporary restraining order, preliminary
                    injunction, or permanent injunction as provided
                    for in the tribal rules of civil procedure.  Any
                    such action in the tribal court shall be given
                    precedence over all matters pending in such tribal
                    court.  The institution of such injunction
                    proceedings by the Commission shall confer upon
                    said tribal court exclusive jurisdiction to
                    determine finally the subject matter of the
                    proceeding; or

               (3)  Both issue such a cease and desist order and apply
                    for any such restraining order or injunction.

Section 7011. Air Contaminant Emission Notices and Emission Permits.

          (a)  After ninety days from January 1, 1981, no person shall
               permit emission of air contaminants from, or
               construction or alteration of, any facility, process,
               or activity except residential structures, from which
               air contaminants are, or are to be, emitted through any
               permanently located chimney, stack, pipe, or other
               conduit unless and until an air contaminant emission
               notice has been filed with the Tribe.  A revised
               emission notice shall be filed whenever a significant
               change in emissions is anticipated or has occurred.

          (b)  Each such notice shall specify the location at which
               the proposed emission will occur, the name and address
               of the person operating or owning such facility,
               process, or activity, the nature of such facility,
               process, or activity, and an estimate of the quantity
               and composition of the expected emission.

          (c)  If the information required by subsection (a) of this
               section is on file with the Tribe on or after January
               1, 1980, such information shall be deemed to constitute
               compliance with the requirements of said subsection (a)
               as to the emission covered thereby.

          (d)  No person shall construct or substantially alter any
               building, facility, structure, or installation, except
               single family residential dwellings, or install any
               machine, equipment or other device, or commence the
               conduct of any activity, or commence performance of any
               combinations thereof, or commence operations of any of
               the same which will or does constitute a new air
               contamination source without first obtaining or having
               a valid permit therefor from the Commission.  The
               Commission shall establish rules, regulations, and
               procedures in accordance with the provisions of this
               article for the issuance or denial of permits which
               shall be in conformity with the purposes of this
               article as set forth in section 7000.  Such procedures
               shall include, but not be limited to, the following:

               (1)  Filing an application with the Tribe which may
                    include such relevant plans, specifications, air
                    quality data, and other information as the Tribe
                    may reasonably request;

               (2)  The Tribe shall prepare its preliminary analysis
                    of the effect upon the ambient air quality and the
                    extent of emission control within twenty days
                    after date on which an application is filed.

               (3)  For those types of projects or activities defined
                    or designated by the commission as warranting
                    public comment with respect thereto, the Tribe
                    shall within fifteen days after it has prepared
                    its preliminary analysis give public notice of the
                    proposed project or activity by at least one
                    publication in a newspaper of general circulation
                    and shall receive and consider public comment
                    thereon for a period of thirty days thereafter.

               (4)  Within thirty days following the period for public
                    comment, or within fifteen days after the
                    preparation of its preliminary analysis where no
                    delay for public comment is required, the Tribe
                    shall grant the permit unless it determines that
                    the proposed project or activity would not meet
                    the applicable emission standards or regulations
                    of the commission.  Any permit issued by the Tribe
                    may contain such terms and conditions as it deems
                    necessary for the proposed project or activity to
                    qualify for a permit.  If any of such terms or
                    conditions of the permit are violated, the
                    division may revoke the permit.  If the Tribe
                    fails to act upon the application within the
                    prescribed time, the permit shall be deemed to
                    have been granted.

               (5)  If the Tribe denies or revokes a permit, the
                    applicant may request a conference with the
                    commission or a hearing before the commission in
                    accordance with the provisions of section 7015. 
                    The Commission may delegate the responsibility to
                    hold a conference or hearing with respect to any
                    such request to the variance board.

               (6)  Within thirty days after such conference or
                    hearing, the Commission or variance board shall
                    issue an order either affirming or reversing the
                    decision of the Commission.  If the decision or
                    revocation of the Commission reversed, the
                    Commission or variance board shall order the
                    issuance or reinstatement of the permit which
                    order may contain such terms and conditions as
                    shall be necessary and reasonable.

               (7)  Orders of the Commission or variance board shall
                    be final upon the date of issuance.

Section 7012.  Enforcement.

          (a)  The Tribe shall enforce compliance with the emission
               control regulations promulgated pursuant to the
               provisions of section 7007.

          (b)  In case any written and verified compliant shall be
               filed with the Tribe alleging that, or in case the
               Tribe itself shall have cause to believe that, any
               person is violating any emission control regulation,
               the Tribe shall cause a prompt investigation to be
               made, and, if the person who makes such investigation
               on behalf of the Tribe finds after such investigation
               that a violation of any such regulation exists, he
               shall promptly so notify both the alleged violator and
               the commission in writing.  Thereupon, the Tribe shall
               diligently endeavor to obtain voluntary abatement of
               such violation.

          (c)  After notice has been given pursuant to subsection (b)
               of this section, but in no event later than six months
               after the giving of such notice, if the alleged
               violation has not been abated, the Tribe shall cause to
               be issued and served upon the person allegedly
               violating any such regulations a written order which
               shall specify the provision of the emission control
               regulation of which such person is said to be in
               violation and a statement of the manner in which such
               person is said to violate it, and such order shall
               require the person so complained against to cease and
               desist from such violation within such reasonable time
               as the Tribe may determine, but not to exceed six
               months.

Section 7013.  Variance Board.

          (a)  There is hereby created a variance board which shall
               consist of three members as follows:

               (1)  One member designated by the tribal Health Board
                    to represent said Board in matters of air
                    pollution in the interests of public health of the
                    people of the reservation;

               (2)  One member who is an enrolled, resident member of
                    the Tribe and who is not from industry;

               (3)  One member as a representative of the
                    public-at-large and who may be a non-member of the
                    Tribe and who may be from industry.

          (b)  All members shall be appointed by the Tribal
               Chairperson, upon the advice and consent of a majority
               of the Tribal Business Council.

          (c)  All members shall hold office for terms of four years
               and until their successors are selected and qualified. 
               The member designated by the tribal Health Board shall
               serve at the discretion of said board.

          (d)  The variance board shall:

               (1)  Elect its chairperson annually from its members
                    for a term of one year;

               (2)  Meet at least yearly, but special meetings of the
                    variance board may be called by its chairperson
                    upon her own initiative or by the commission, and
                    such meeting shall be called by the chairperson
                    upon the receipt by her of a written request
                    therefor signed by one or more members of said
                    variance board.

               (3)  Keep a written record of its proceedings.

          (e)  Three members shall constitute a quorum, and the
               concurrence of at least a majority of all members of
               the variance board in any matter within its powers and
               duties shall be required for any determination made by
               said variance board.

          (f)  At least ten (10) days prior to each meeting, written
               notice shall be given to each member of the variance
               board of the time, place, and purpose of such meeting.

          (g)  Each member of the variance board shall receive a per
               diem of forty ($40) dollars for each day actually spent
               in the discharge of official duties, not to exceed
               twelve hundred ($1200) in any one year; and shall be
               reimbursed for necessary and actual expenses incurred
               in the performance of her duties under this article.

Section 7014.  Variances.

          (a)  The variance board or commission may grant a variance
               suspending or modifying the enforcement of any emission
               control regulation or any rule, regulation, or
               enforcement order issued pursuant to this Article
               against any person whenever the said variance board or
               commission shall determine that:

               (1)  Control techniques are not available or that
                    compliance with applicable emission control
                    regulations from which a variance is sought would
                    create an unreasonable economic burden; and

               (2)  The granting of such variance would be consistent
                    with, and aid in, implementing the legislative
                    policy as set forth in section 7000.

          (b)  The variance board or the Commission shall grant a
               variance suspending or modifying the enforcement of any
               emission control regulation or any rule, regulation, or
               enforcement order issued pursuant to this Article
               against any person whenever the said variance board or
               the Commission shall determine that strict compliance
               with any provision of, or order issued pursuant to,
               this Article would result in an arbitrary and
               unreasonable taking of property or in the practical
               closing of any lawful business or activity and such
               would be without sufficient corresponding public
               benefit.

          (c)  The variance shall be granted, terminated, or modified
               by the variance board or the Commission only after a
               hearing before it held pursuant to the provisions of
               this article.  A variance may be granted with respect
               to any existing or proposed facility, process, or
               activity.  Hearings may be requested either by the
               variance board, the Commission, the Tribe, or by any
               person applying for or having received such a variance.

          (d)  Any variance granted pursuant to the provisions of this
               article shall be granted for such period of time and
               under such conditions as shall be specified by the
               variance board or the commission.  The failure to meet
               any condition of the variance without prior written
               permission of the said variance board or the Commission
               shall render such variance null and void.  The variance
               board shall review, at least annually, any variance
               that has been granted to determine whether the terms
               and conditions of said variance have been complied with
               and whether the continuance of the variance is
               justified.

Section 7015.  Hearings.

          (a)  Not less than fifteen days after a hearing has been
               requested, the variance board or the Commission, as the
               case may be, shall grant such request and set a time
               and place therefor.

          (b)  The Tribe shall appear as a party in any hearing before
               the variance board or the Commission and shall have the
               same judicial review as any other party.

          (c)  All testimony taken at any such hearing before the
               variance board or the commission shall be under oath or
               affirmation.  A full and complete record of all
               proceedings and testimony presented shall be taken and
               filed.

          (d)  Any information relating to secret processes or methods
               of manufacture or production which may be required,
               ascertained, or discovered shall not be publicly
               disclosed in public hearings or otherwise and shall be
               kept confidential by any member, officer, or employee
               of the variance board, the Commission, or the Tribe,
               but any person seeking to invoke the protection of this
               section in any hearing for a variance shall bear the
               burden of proving its applicability.

          (e)  At any hearing, any person who is affected by the
               proceeding and whose interests are not already
               adequately represented shall have the opportunity to be
               a party thereto upon prior application to and approval
               by the variance board or commission, in its sole
               discretion, as deemed reasonable and proper by said
               variance board and Commission, and such person shall
               have the right to be heard and to cross-examine any
               witness.

          (f)  After due consideration of the written and oral
               statements, the testimony, and the arguments presented
               at any such hearing, the variance board or Commission
               shall enter its findings and final order, based upon
               evidence in the record, or make such final
               determination of the matter as it shall deem
               appropriate.

          (g)  In all proceedings before the variance board or the
               Commission with respect to any alleged violation of any
               emission control regulation or order, the burden of
               proof shall be upon the Tribe.

          (h)  The applicant for a variance shall bear the burden of
               proof.

          (i)  Variances, orders, and determinations of the variance
               board shall become final within thirty days from the
               date on which they are issued, unless within such
               period the variance board grants a rehearing, or
               unless, within such period the Commission concludes
               that said variance, order or determination interferes
               with the attainment of the objectives of this Article,
               as set forth in section 7000.  If the Commission so
               concludes, it shall, within said thirty-day period,
               notify the applicant of such conclusion, including the
               nature of the interference involved, and allow the
               applicant ten days in which to request a hearing before
               the commission on said variance, order, or
               determination, which hearing shall be set and held in
               accordance with the provisions of section 7014 and of
               this section.  Following the hearing before the
               Commission, or if no hearing is requested, the
               Commission shall enter its final order affirming or
               modifying said variance, order, or determination.

          (j)  Every hearing granted by the variance board or the
               Commission shall be conducted by either body or by a
               hearing officer designated by either body.

Section 7016.  Judicial Review.

          (a)  Any final order or determination by the variance board,
               the Tribe, or the Commission shall be subject to
               judicial review in accordance with the provisions of
               this article and the provisions.

          (b)  Any party may move the court to remand the case to the
               variance board, the Tribe, or the Commission in the
               interests of justice for the purpose of adducing
               additional specified and material evidence and findings
               thereon; but such party shall show reasonable grounds
               for the failure to adduce such evidence previously
               before the variance board, the Tribe or the Commission.

          (c)  Any proceeding for judicial review of any final order
               or determination of the variance board, the Tribe, or
               the Commission shall be filed in the Tribal court for
               the district in which is located the air contamination
               source affected, and it shall be filed within twenty
               days after the date of said final order or
               determination.

Section 7017.  Injunctions.

          (a)  In the event any person fails to comply with a cease
               and desist order that is not subject to a stay pending
               administrative or judicial review, the commission may
               request the Tribal attorney to bring, and if so
               requested it is his duty to bring, a suit for an
               injunction to prevent any further or continued
               violation of such order.  In any such suit the final
               findings of the Tribe or Commission, based upon
               evidence in the record, shall be prima facie evidence
               of the facts found therein:

Section 7018.  Civil Penalties.

          (a)  Penalties shall be determined and collected by a tribal
               court upon action instituted by the Tribe for the
               determination and collection of said penalty under this
               section and in accordance with the following provision:

               (1)  Any person who violates any final cease and desist
                    order which is not subject to a stay pending
                    judicial review and which has been issued pursuant
                    to this Article shall be subject to a civil
                    penalty of not more than two thousand five hundred
                    dollars ($2,500) per day for each day during which
                    such violation occurs.

          (b)  Penalties collected shall be transmitted in a timely
               fashion to the Tribal Finance Office for deposit in the
               tribal general fund.

Section 7019.  Severability.  If any provision of this article or the
application thereof to any person or circumstance is held invalid, the
invalidity shall not affect other provisions or applications of this
article which can be given effect without regard to the invalid
provision or application, and to this end the provisions of this
article are severable.

                   RADIATION CONTROL ORDINANCE

Section 8000.  This ordinance shall be known as the "Radiation Control
and Protection Ordinance"

Section 8001.  Registration of Ionizing Radiation Sources.  The Tribe,
through the tribal Health Board, shall have the power to require the
registration of ionizing radiation sources and to adopt necessary
rules and regulations to carry out the provisions of this Act for
controlling exposure to harmful ionizing radiation.

Section 8002.  Enforcement.

          (a)  The Tribe, through the tribal Health Board, shall
               establish and develop, carry out and enforce a
               Radiation Control Program pursuant to rules and
               regulations adopted by the Health Board and any
               federal-tribal agreements pertaining to sources of
               ionizing radiation.

          (b)  In case any written or verified complaint shall be
               filed with the Tribe alleging that, or in case the
               Tribe itself shall have cause to believe that, any
               person is violating any radiation Control Ordinance
               provision or promulgated rule, the Tribe shall cause a
               prompt investigation to be made, and, if the person who
               makes the investigation on behalf of the Tribe finds
               after such investigation that a violation exists, she
               shall promptly so notify both the alleged violator and
               the tribal Health Board in writing.  Thereupon, the
               Tribe, through its Health Board, shall diligently
               endeavor to obtain voluntary abatement of such
               violation.

          (c)  After notice has been given pursuant to subsection (b)
               of this section, but in no event later than six months
               after the giving of such notice, if the alleged
               violation has not been abated, the Tribe shall cause to
               be issued and served upon the person allegedly
               violating any such control regulation a written order
               which shall specify the provision or the control
               regulation of which such person is said to violate it,
               and such order shall require the person so complained
               against to cease and desist from such violation within
               such reasonable time as the Tribe may determine, but
               not to exceed six (6) months.

Section 8003.  Inspection and Entry.

          In addition to the authority specified elsewhere in this
Article, the Tribe, through its Board of Health has the power to enter
and inspect any property throughout the reservation, premises, place
for the purposes of investigating any actual, suspected, or potential
source of radiation pollution or ascertaining compliance or
non-compliance with any radiation standard, rule, or order promulgated
under this Article;  except that, if such entry or inspection is
denied or not consented to, the Tribe or its Board is empowered to
obtain from the tribal court a warrant to enter and inspect such
property, premises, or place prior to entry and inspection.  The
tribal courts of this reservation are empowered to issue such a
warrant upon a proper showing of the need for such entry and
inspection, any information relating to secret commercial process, or
method or manufacture shall be kept confidential.

Section 8004.  Powers and Duties.

          (a)  The (Board, Tribe, Department) is designated as the
               Radiation Control Agency of this Tribe for the entire
               reservation.

          (b)  Pursuant to rules and regulations as provided in
               Section 8001, the Tribe shall issue pertaining to
               radioactive materials and require registration of other
               sources of ionizing radiation.

          (c)  The Tribe shall develop and conduct programs for
               evaluation and control of hazards associated with the
               use of any and all radioactive materials, including
               milling, mining, and disposal processes, and other
               sources of ionizing radiation.

          (d)  The Tribe may institute training programs for the
               purpose of qualifying personnel to carry out provisions
               of this Article and may make said personnel available
               for participation in any program of the federal
               government, states, and interstate agencies in
               furtherance of the purposes of this Article.

          (e)  In the event of an emergency relating to any source of
               ionizing radiation which endangers the public peace,
               health, or safety, the Tribe shall have the authority
               to issue such orders for the protection of the public
               health and safety as may be appropriate, including
               orders to lay an embargo upon or impound radioactive
               materials and other sources of ionizing radiation in
               the possession of any person not equipped to observe or
               who fails to observe the provisions of this Article or
               any rules or regulations promulgated under this Article.

          (f)  In order to provide for the concentration, storage, or
               permanent disposal of radioactive materials consistent
               with adequate protection of public health and safety,
               the Tribe may acquire by gift, transfer from another
               tribal Department or Agency, or other transfer, any and
               all lands, buildings, and grounds suitable for such
               purposes.  Any such acquisition shall be subject to a
               referendum vote of the enrolled tribal members.

Section 8005.  Rules and Regulations.

          (a)  The Tribe shall formulate, adopt, and promulgate rules
               and regulations as provided in subsection (b) of this
               section which shall cover subject matter relative to
               radioactive materials and other sources of ionizing
               radiation which shall include, but not be limited to: 
               licenses and registration, records, permissable levels
               of exposure, notification and reports of accidents,
               technical qualification of personnel, handling,
               transportation, and storage, waste disposal posting,
               and labeling of hazardous sources and generators,
               surveys, and monitoring.

          (b)  All such regulations may be modeled after and, in any
               case, shall be no less stringent than those proposed by
               governments for surrounding states.

          (c)  The rules and regulations adopted pursuant to this
               article shall/may be construed to limit the kind or
               amount of radiation that may be intentionally applied
               to a person for diagnostic or therapeutic purposes by
               or under the direction of practitioners of dentistry or
               medicine.

Section 8006.  Injunction Proceedings.

          If, in the judgement of the Tribe, any person has engaged in
on is about to engage in any acts or practices which constitute a
violation of any provision of this Article, rule, regulation, or order
issued pursuant to this Article, the tribal attorney shall, at the
request of the Tribe, make application to the tribal court for an
order enjoining such acts or practices or for an order directing
compliance with the provisions of this Article and all rules,
regulations, and orders issued under this Article.

Section 8007.  Prohibited Acts.  Penalties.

          (a)  No person shall acquire, own, possess, or use any
               radioactive material occurring naturally or produced
               artificially without having first been granted a
               license therefor from the Tribe, nor shall she transfer
               to another or dispose of such material without first
               having been granted approval of the Department therefor.

          (b)  No person shall knowingly use, manufacture, produce,
               transport, transfer, receive, send, acquire, own, or
               Possess any source of ionizing radiation unless such
               person is licensed by or registered with the Tribe.

          (c)(1)  Civil penalties, not to exceed ten thousand dollars
                  ($10,000) per day, shall be determined and collected
                  by a tribal court upon action instituted by the
                  Tribe for the determination and collection of said
                  penalty under this section and in accordance with
                  subsection (2);

             (2)  Any person who violates any final cease and desist
                  order not subject to stay pending judicial review
                  and which has been issued.

          (d)  Any person who violates the provisions of subsections
               (a) and (b) of this subsection is, in addition to civil
               penalties that may be applied under subsection (c),
               guilty of a misdemeanor and, upon conviction thereof,
               shall be punished by a fine of not less than one
               hundred dollars ($100) nor more than one hundred
               dollars ($100), or by imprisonment in the tribal jail
               at his own cost for not less than thirty (30) days nor
               more than one hundred and eighty (180) days, or by both
               such fine and imprisonment.  Each day shall constitute
               a separate misdemeanor.

Section 8008.  Severability.  If any provision of this article or the
application thereof to any person or circumstance is held invalid, the
invalidity shall not affect other provisions or applications of this
article which can be given effect without regard to the invalid
provision or application, and to this end the provisions of this
article are severable.

                        NOISE CONTROL

Section 9000.  Legislative Declaration.  The tribal business council
for the ____________Tribe(s) finds and declares that noise is a major
source of environmental pollution and represents a threat to the
serenity and quality of life on the _______________ reservation. 
Excess noise often has adverse and debilitating effects on human
beings and wildlife, thus contributing to societal dislocation,
cultural interference, and economic loss to the affected communities. 
Therefore, it is declared that the prevention, abatement, and control
of noise pollution throughout the entire reservation are matters of
tribal concern and are affected with the public interest and that
provisions of this Article are enacted in the exercise of the police
powers of this Tribe for the purpose of protecting the health, peace,
safety, cultural resources, and general welfare of the people of this
reservation.  Accordingly, it is the policy of the tribal legislative
body to establish statewide standards for noise level limits for
various time periods and areas.

Section 9001.  Definitions.  As used in this Article, unless the
               context otherwise requires:

          (a)  "Commercial zone"  means:

               (1)  An area where offices, clinics, and the facilities
                    needed to serve them are located;

               (2)  An area with local shopping and service
                    establishments located within walking distances of
                    the residents served;

               (3)  A tourist-oriented area where hotels, motels, and
                    gasoline stations are located;

               (4)  A large integrated regional shopping center;

               (5)  A business strip along a main street containing
                    offices, retail businesses, and commercial
                    enterprises;

               (6)  A central business district; or

               (7)  A commercially dominated area with multiple-unit
                    dwellings.

          (b)  "db(a)" means sound levels in decibels measured on the
               "A" scale of a standard sound level meter having
               characteristics defined by the American National
               Standards Institute, Publication S1.4 - 1971.

          (c)  "Decibel" is a unit used to express the magnitude of a
               change in sound level.  The difference in decibels
               between two sound pressure levels is twenty times the
               common logarithm of their ratio.  In sound pressure
               measurements sound levels are defined as twenty times
               the common logarithm of the ratio of that sound
               pressure level to a reference level of 2 x 10-5 N/m(2)
               (Newton's/meter squared).  As an example of the effect
               of the formula, a three-decibel change is a one hundred
               percent increase or decrease in the sound level, and a
               ten-decibel change is a one thousand percent increase
               or decrease in the sound level.

          (d)  "Industrial zone" means an area in which noise
               restrictions on industry are necessary to protect the
               value of adjacent properties for other economic
               activity but shall not include agricultural operations.

          (e)  "Light industrial and commercial zone" means:

               (1)  An area containing clean and quiet research
                    laboratories;

               (2)  An area containing light industrial activities
                    which are clean and quiet;

               (3)  An area containing warehousing; or

               (4)  An area in which other activities are conducted
                    where the general environment is free from
                    concentrated industrial activity.

          (f)  "Residential zone" means an area of single-family or
               multifamily dwellings where businesses may or may not
               be conducted in such dwellings.  The zone includes
               areas where multiple-unit dwellings, high-rise
               apartment districts, and redevelopment districts are
               located.  A residential zone may include areas
               containing accommodations for transients such as motels
               and hotels and residential areas with limited office
               development, but it may not include retail shopping
               facilities.  "Residential zone" includes hospitals,
               nursing homes and similar institutional facilities.

Section 9002.  Maximum Permissible Noise Levels.

          (a)  Every activity to which this Article is applicable
               shall be conducted in a manner so that any noise
               produced is not objectionable due to intermittence,
               best frequency, or shrillness.  Sound levels of noise
               radiating from a property line at a distance of
               twenty-five feet or more therefrom in excess of the db
               (A) established for the following time periods and
               zones shall constitute prima facie evidence that such
               noise is a public nuisance:

                              7:00 a.m. to      7:00 p.m. to
     Zone                   next 7:00 p.m.     next 7:00 a.m.
Residential                    55 db(A)           50 db(A)
Commercial                     60 db(A)           55 db(A)
Light industrial               70 db(A)           65 db(A)
Industrial                     80 db(A)           75 db(A)

          (b)  In the hours between 7:00 a.m. and the next 7:00 p.m.,
               the noise levels permitted in subsection (1) of this
               section may be increased by ten db (A) for a period of
               not to exceed fifteen minutes in any one-hour period.

          (c)  Periodic, impulsive, or shrill noises shall be
               considered a public nuisance when such noises are at a
               sound level of five db (A) less than those listed in
               subsection (1) of this section.

          (d)  This Article is not intended to apply to the operation
               of aircraft or to other activities which are subject to
               federal law with respect to noise control.

          (e)  Construction projects shall be subject to the maximum
               permissible noise levels specified for industrial zones
               for the period within which construction is to be
               completed pursuant to any applicable construction
               permit issued by proper authority or, if no time
               limitation is imposed, for a reasonable period of time
               for completion of project.

          (f)  All railroad rights-of-way shall be considered as
               industrial zones for the purposes of this Article, and
               the operation of trains shall be subject to the maximum
               permissible noise levels specified for such zone.

          (g)  This Article is not applicable to the use of property
               for purposes of conducting speed or endurance events
               involving motor or other vehicles, but such exception
               is effective only during the specific period of time
               within which such use of the property is authorized by
               the political subdivision or governmental agency having
               lawful jurisdiction to authorize such use.

          (h)  For the purposes of this Article, measurements with
               sound level meters shall be made when the wind velocity
               at the time and place of such measurement is not more
               than five miles per hour.

          (i)  In all sound level measurements, consideration shall be
               given to the effect of the ambient noise level created
               by the encompassing noise of the environment from all
               sources at the time and place of such sound level
               measurement.

Section 9003.  Action to Abate.  Wherever there is reason to believe
that a nuisance exists, as defined in section 9002, any person within
the ____________reservation may maintain an action in equity in the
tribal court of the district in which the alleged nuisance exists to
abate and prevent such nuisance and to perpetually enjoin the person
conducting or maintaining the same and the owner, lessee, or agent of
the building or place in or upon which such nuisance exists from
directly or indirectly maintaining or permitting such nuisance.  When
proceedings by injunction are instituted, such proceedings shall be
conducted under the tribal court rules of civil procedure.  The court
may stay the effect of any order issued under this section for such
time as is reasonable necessary for the defendant to come into
compliance with the provisions of this Article.

Section 9004.  Violation of Injunction - Penalty.  Any violation or
disobedience of any injunction or order expressly provided for in
section 9003 shall be punished as a contempt of court by a fine of not
less than one hundred dollars ($100) nor more than five hundred
dollars ($500).  Each day in which a person is in violation of the
injunction established by the court shall constitute a separate
offense.  The court shall give consideration in any such case to the
practical difficulties involved with respect to effecting compliance
with the requirements of any order issued by the court.

Section 9005.  Severability.  If any provision of this article or the
application thereof to any person or circumstance is held invalid, the
invalidity shall not affect other provisions or applications of this
article which can be given effect without regard to the invalid
provision or application, and to this end the provisions of this
article are severable.


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