LEGISLATION

FEDERAL ACTS, AGREEMENTS and INITIATIVES


Clean Water Act

The goal of the Clean Water Act is to limit the release of high volumes of toxic chemicals produced by government, industrial, and agricultural operations into the nation's waters to ensure that surface waters meet established standards for sports and recreational use.


Section 104 / 104(b)3  (Water Pollution Control)


Section 106 NS 319 (federal grants for prevention, reduction, and elimination of pollution)



Superfund Cooperative Agreement

Ssuperfund State and Indian Tribe Cooperative Agreements for cleaning up hazardous waste sites



PA and SI Activities

Preliminary System / Site Inspection


Guidance for Performing Preliminary Assessments Under CERCLA



Brownfield Initiative  

Cleanup and redevelopment of sites known to have been contaminated



EPCRA

Emergency Planning and Community Right-to-Know



Clean Air Act

Air Quality and Emission Limitations - Prevention of Significant Deterioration of Air Quality

Section 103



FIFRA

Federal Insecticide, Fungicide, and Rodenticide Act) - Pesticides



TSCA

Toxic Substances Control Act - Lead-based paint and other specific chemical substances



RCRA

Resource Conservation and Recovery Act - Solid Wastes

Since the beginning of 1981, TEPA has provided the administrative capacity

necessary to manage legislative mandates that govern development, monitoring,

and enforcement of the tribe’s environmental protection programs. Enforcement

is derived from the following Federal legislation:


















In addition to Federal legislation, tribal laws also establish a foundation

authorized by Congress for protection of tribal lands and natural

resources within the Hoopa Valley Reservation.


Ordinances and case law provide mechanisms for enforcement and ensuring compliance.


BUGENIG v. HOOPA VALLEY TRIBE


DECISION: The Court ruled the Hoopa Valley Tribe, in order to protect tribal lands that are culturally and historically significant, had the authority to regulate logging by a non-Indian individual who privately owned fee land located wholly within the borders of the Tribe's Reservation. The basis of this authority comes from Congress expressly granting the tribe jurisdiction over all lands within the reservation boundaries as set forth in the Hoopa-Yurok Settlement Act of 1988. The case applies to civil rather than criminal actions.


THE IMPORTANCE OF BUGENIG:  

Effective environmental enforcement by a Tribe requires the ability to regulate all land within the boundaries of a reservation, regardless of the status of parcels of land (private fee or tribal trust) or occupancy (by tribal member or non-tribal member).

Prior to Bugenig, jurisdictional conflicts often interfered with the ability of the Hoopa Valley Tribe to exercise its sovereign authority over non-members residing on fee lands within the reservation, even though two Tribal Ordinances had already been ratified and confirmed by Congress.


TRIBAL ORDINANCE 35 (allowing the Tribe, among other types of enforcement, to safeguard and promote the safety and general welfare of the Tribe and the Reservation community by regulating surface mining and other activities in riparian areas within the Reservation);


TRIBAL ORDINANCE 37 (authorizing Council to enforce the protection of Tribal property, wildlife, and natural resources and to safeguard and promote the safety and general welfare of the Tribe and Reservation community through prohibiting the disharge of pollutants in the surface and ground waters of the Reservation).


Bugenig resolved these competing interests by holding that the Tribe’s existing Constitution and ordinances gave the Tribe authority to regulate use of property within the Reservation, regardless of land status or occupancy.



TITLE 35

RIPARIAN PROTECTION AND MINING PRACTICES ORDINANCE

TITLE 37

POLLUTANT DISCHARGE PROHIBITION ORDINANCE


TITLE 49

SOLID WASTE ORDINANCE


TEPA encourages the public to call 625-5515 to report violations of Titles 35,

37 or 49. Tribal Police  also have the authority to enforce these ordinances

and can be contacted when the Compliance Officer is off duty.