Council of the Cherokee Nation - File #: 10-100

• File #: 10-100
• Version: 1
• Name: Cherokee Nation Environmental Quality Code Amendment Act of 2010
• Type: Legislative Act
• Status: Passed
• File created: 8/11/2010
• In control: TRIBAL COUNCIL
• On agenda: 9/13/2010
• Final action: 9/13/2010
• Enactment date: 9/13/2010
• Enactment #: LA-25-10
• Title: A LEGISLATIVE ACT AMENDING TITLE 63 CHAPTER 3, ARTICLE 2 § 101 OF THE CHEROKEE NATION CODE ANNOTATED, THE ENVIRONMENTAL QUALITY CODE; AND DECLARING AN EMERGENCY
• Sponsors: Meredith Frailey
• Indexes: Environmental Quality Code
• Code sections: Title 27 - Environmental Quality , Title 63 - Public Health and Safety
• Related files: LA-31-04, LA-19-05, LA-08-98, 08-036, LA-01-93, LA-35-04, LA-41-05, LA-42-04, 09-181, LA-15-05

Date	Ver.	Action By	Action	Result
9/20/2010	1	OFFICE OF THE CHIEF	Signed
9/13/2010	1	TRIBAL COUNCIL	Approved	Pass
8/26/2010	1	RULES COMMITTEE	Approved and Forwarded to Council	Pass

Title
A LEGISLATIVE ACT AMENDING TITLE 63 CHAPTER 3, ARTICLE 2 § 101 OF THE CHEROKEE NATION CODE ANNOTATED, THE ENVIRONMENTAL QUALITY CODE; AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title

This act shall be known as the “Cherokee Nation Environmental Quality Code Amendment Act of 2010”.

Section 2. Purpose

The purpose of this Act is to enable business to be conducted due in part to the passage of LA 04-10, changing the quorum to consist of a majority of those Commissioners duly appointed and confirmed. This Act changes the affirmative votes required for substantive action from affirmative votes of at least three commissioners to affirmative votes of the majority of the duly appointed and confirmed Commissioners.

Section 3. Legislative History

The Environmental Quality Act, Title 63 CNCA §§ et seq., was first enacted in 1993. LA 1-93, eff. June 14, 1993, as amended by Legislative Acts 08-98, 31-04, 35-04, 42-04, 15-05, 19-05, 41-05, 06-08 and 04-10.

Section 4. Definitions

Not applicable.

Section 5. Amendments

CNCA Title 63 Chapter 3 is hereby amended as follows:


Chapter 3
Cherokee Nation Environmental QUALITY CODE


ARTICLE 2. DELEGATION OF AUTHORITY

§ 101. Establishment of the Cherokee Nation Environmental Protection Commission

A. Establishment

The Cherokee Nation hereby creates the Cherokee Nation Environmental Protection Commission (CN EPC).

B. Governing body: Appointment; Terms; Vacancies

The CN EPC shall be governed by a Board of Commissioners (Board), which shall be composed of five (5) Commissioners (except in a meeting called to overrule a veto by the Principal Chief under subsection H of 63 CNCA § 606B, in which case all commissioners must be present for a quorum) all of whom shall be citizens of the Cherokee Nation. The Commissioners shall be appointed by the Principal Chief of the Cherokee Nation with the advice and consent of the Council of the Cherokee Nation. Each Commissioner shall...