CHAPTER 9-5
ACTIVITIES

9-5-1 Scope.

This Section shall be applicable to any person conducting activities on or bringing before the Tribal Council, for its approval, any plan or activity to be performed upon the Reservation which may significantly affect the environment of the Prairie Band of Potawatomi Indian Reservation, excepting oil and gas operations, which are under Section 9-6-1 et seq. hereof.

9-5-2 Determination by the Tribal Council.

Every proponent of an activity upon the Reservation excepting oil and gas activity, appearing before the Tribal Council to gain approval of a proposal shall include in the presentation of the proposal a statement the environmental consequences of the activity. Should the Tribal Council feel the activity may have a significant environmental effect, it shall require that a statement be filed with the Tribal Council in accordance with Section 9-5-3 herein. The Council hereby reserves the power to delegate the function of reviewing the written statement for comments to aid the Tribal Council in its determination of the environmental consequences of the proposed activity.

A determination by the Tribal Council that a proposed activity may have a significant effect shall be final.

9-5-3 Statement to be Submitted.

(A)    In the event a written statement is required by the Tribal Council, it shall be submitted to the Tribal Council for review at least two (2) weeks prior to the Tribal meeting at which final approval of the proposed activity is sought.

(B)    The written statement shall include the following inventory data as may be deemed pertinent by the Tribal Council or other authority delegated by the Council:

(1)    A detailed baseline inventory of all plant and animal life observed in the area by the proposed activity.

(2)    A discussion of the water quality and quantity in the area, including but not limited to, chemical and radiological analyses in selected wells and surface water courses, groundwater levels in selected wells, sediment transport, soil erosion and surface run off indicators.

(3)    A discussion of the air quality in the area, including but not limited to, background radiation study in selected areas, and a suspended particulate matter evaluation.

(4)    A discussion of the soil properties in the area, including but not limited to, soil characteristics with respect to suitability for roads, cuts and fills and pipeline cover, background radiation in soils by topography and vegetation, slope porosity, permeability and capillarity, texture, density and stratification.

(5)    An assessment of the cultural properties and uses of the area, including but not limited to:

(a)    Inventory of historic, religious and archaeological sites.

(b)    Inventory of unique physical features and scenic features.

(c)    Number of people living and working with in the area.

(d)    Inventory of the present land use within the area, including but not limited to, precipitation, air movement, temperatures and seasonal variation.

(e)    An assessment of the general climatic conditions of the area, including but not limited to, precipitation, air movement, temperatures and seasonal variation.

(C)    The written statement shall include considerations as to how the proposed activity will affect the inventoried area. To this end, the statement shall include an assessment of both the beneficial and detrimental impacts of the proposed activity upon the following, if applicable:

(1)    Social, political and economic structure of the area, both present and future.

(2)    Cultural structure of the area, past, present and future.

(3)    Physical characteristics of the area, both present and future, and including geographic, topographic, geologic, meteorologic and hydrologic effects.

(4)    Land use and water use within the area, both present and future.

(5)    Resources of the area, including but not limited to, depletion, short and long-term implications, possibility of recovery, recycling or restoration, and effect upon regional resource development, especially with regard to the Prairie Band of Potawatomi Indian Reservation.

(D)    If applicable, specific consideration shall be included regarding possible detrimental impacts on the above five (5) areas because of the following:

(1)    Hazardous materials used in the proposed activity.

(2)    Airborne emissions and effluents both in the construction and operational phases of the activity.

(3)    Solid waste disposal, both in the construction and operational phases of the activity.

(4)    Noise emissions, both in the construction and operational phases of the activity.

(5)    Any other uncontrolled emissions or discharges, both in the construction and operational phases of the activity.

(E)    The written statement shall include a discussion of all alternatives to the proposed activity, including both the short and long term benefits and detriments of each alternative, any adverse environmental and/or ecological impacts which cannot be avoided, and any irreversible and irretrievable commitments of resources.

(F)    Non-classified baseline data and other environmental data previously prepared for the Tribe, may be made available to the applicant on request to the person or agency designated by the Tribal Council.