Title
A LEGISLATIVE ACT AMENDING LA#31-04; AMENDING § 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 2008".
Section 2. Purpose
The purpose of this Act is to amend the code to increase the membership of the Environmental Protection Commission from three (3) members to five (5) members.
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, and 41-05.
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) three (3) 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 serve for a term of four (4) years, provided that, in order to stagger the term of office, one of the original Commissioners shall be appointed for a term of two (2) years, one for a term of three (3) years, and one for a term of four (4) years. Any vacancy on the Board, howsoever caused, will be filled by appointment by the Principal Chief of the Cherokee Nation with the consent of the Council of the Cherokee Nation, provided that the replacement serves only the amount of time remaining in the term of the original appointee.
C. Chairperson; Quorum; Meetings
The Commissioners shall elect a Chairperson from among themselves. The business of the Board will be conducted at meetings of the Board duly called and noticed and at which a quorum is present. A quorum shall consist of three (3) two (2) Commissioners. Any substantive action of the CN EPC must be approved by the affirmative votes of at least three two Commissioners and must be recorded in writing.
Section 6. Provisions as cumulative
The provisions of this act shall be cumulative to existing law.
Section 7. Severability
The provisions of this act are severable and if any part of provision hereof shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act.
Section 8. Emergency declared
It being immediately necessary for the welfare of the Cherokee Nation, the Council hereby declares that an emergency exists, by reason whereof this act shall take effect and be in full force after its passage and approval.
Section 9. Self-Help Contributions
To the extent that this Act involves programs or services to citizens of the Nation or others, self-help contributions shall be required, unless specifically prohibited by the funding agency, or a waiver is granted due to physical or mental incapacity of the participant to contribute