CHAPTER 9-1
GENERAL PROVISION

9-1-1 Purpose.

The purpose of this Title is to insure that proper and meaningful consideration of environmental, cultural, historical, and ecological factors is made by any person or the Tribe prior to its approval of activities on the Prairie Band of Potawatomi Indian Reservation which may significantly affect that environment in whole or in part.

9-1-2 Administration.

The Tribal Council shall assign a person or agency to carry out the day-to-day functions under this Title.

9-1-3 Effective Date.

This Title becomes effective on the date of approval by the Prairie Band of Potawatomi Indians’ General Council at a duly organized annual meeting with a quorum voting as to the effective date.

9-1-4 Permits.

Every person seeking action hereunder shall obtain a business or operator’s permit from the Tribe if so required by the ordinances of the Tribe or federal laws or regulations. Any violation of this Title shall be grounds for suspension or revocation of a person’s business or operator’s permit.

9-1-5 Definitions.

(A)    Activity. “Activity” means any industrial or commercial development project, any development project involving the disturbance of more than one (1) acre of land surface, any development activity in a part of the Reservation designated environmentally sensitive, or any research project, other than activity connected with oil and gas operations.

(B)    Applicant. “Applicant” means the person requesting a permit to conduct activities on the Reservation which are regulated by this Title, other than oil and gas activity.

(C)    Council “Council” means the elected governing body of the Prairie Band of Potawatomi Indians.

(D)    Development Project. “Development project” means any activity which directly or indirectly seeks to develop, use or modify Reservation resources.

(E)    Environmentally Sensitive Area. “Environmentally sensitive area” means a part of the Reservation considered by the Council to be so subject to environmental disturbance as to warrant special rules to govern resource development.

(F)    Non-Compliance. “Non-compliance” means any neglect, failure or refusal to do or perform an act set forth in this Title.

(G)    Oil and Gas Activity. “Oil and gas activity” means any activity on tribal lands engaged in pursuant to leases entered into under the Indian Mineral Leasing Act of 1938, 25 U.S.C. § 396a-396g; land subject to development contracts issued pursuant to the Indian Mineral Development Act of 1982, Public Law 97-382, 25 U.S.C. § 2121-2108; or activities undertaken solely by the Tribe.

(H)    Oil and Gas Contractor. “Oil and gas contractor” means a contractor with the Tribe under contract negotiated pursuant to the Indian Mineral Development Act of 1982; under joint exploration and development contract entered into with the Tribe prior to the effective date of the 1982 Act; or under contract to conduct activities on land operated by the Tribe outside of these Acts.

(I)    Oil and Gas Lessee. “Oil and gas lessee” means a person holding rights to explore, develop or operate on tribal lands for oil and gas under a lease issued pursuant to the Indian Mineral Leasing Act of 1938, or the Indian Mineral Development Act of 1982.

(J)    Operator’s Permit. “Operator’s permit” means the permit issued by the Tribe required by the ordinances of the Tribe.

(K)    Permit Holder. “Permit holder” means the holder of a tribal environmental permit issued under this except for oil and gas exploration and development.

(L)    Person. “Person” means any individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision or agency, or any other legal entity or its legal agents, or assigns.

(M)    Pollutant. “Pollutant” means any substance or energy entering the environment as a direct or indirect result of human activity which alters or has the potential to alter the physical, chemical, biological, cultural or aesthetic properties of the environment.

(N)    Research Project. “Research project” means a project or study conducted to gain knowledge about Reservation resources.

(O)    Reservation. “Reservation” means the Prairie Band of Potawatomi Indian Reservation. For the purpose of this Title, the term Reservation shall be as defined in Article I of the Prairie Band Potawatomi Nation’s Constitution.

(P)    Reservation Environment. “Reservation environment” means the functioning system composed of all living and entities and objects within the boundaries of the Reservation together with interactions and the inputs to and outputs of that system.

(Q)    Reservation Resources. “Reservation resources” means the physical and biological resources of the Tribe within the boundaries of the Reservation, including but not limited to land, water, air, minerals, cultural or historical sites and objects, animal and plant life, and aesthetic values.

(R)    Tribe. “Tribe” means the Prairie Band of Potawatomi Indians of Kansas.

(S)    Tribal Environmental Permit. “Tribal environmental permit” means a permit issued by the Tribe pursuant to this Title to carry out an action covered by this Title.

(T)    Violation. “Violation” means a Breach of any right, duty, requirements or provision of this Environmental Protection Title.