Council of the Cherokee Nation - File #: LA-31-04

• File #: LA-31-04
• Version: 1
• Name: Cherokee Nation Environmental Quality Code Amendments Act of 2004
• Type: Legislative Act
• Status: Passed
• File created: 6/4/2004
• In control: TRIBAL COUNCIL
• On agenda: 6/14/2004
• Final action: 7/16/2004
• Enactment date: 7/16/2004
• Enactment #: LA-31-04
• Title: A LEGISLATIVE ACT AMENDING TITLE 63 OF THE CHEROKEE NATION CODE ANNOTATED, THE ENVIRONMENTAL QUALITY ACT; ADDING NEW ITEMS; AND DECLARING AN EMERGENCY
• Sponsors: Unknown
• Indexes: Environmental Quality Code
• Code sections: Title 27 - Environmental Quality , Title 63 - Public Health and Safety
• Related files: LA-01-93, 08-036, 10-100, 09-181

Committee: Rules/Resource Sponsor: Jeannine Hale
Date:06/04/04 Committee Date: 06/14/04 Author:

An Act

Legislative Act 31-04
Title
A LEGISLATIVE ACT AMENDING TITLE 63 OF THE CHEROKEE NATION
CODE ANNOTATED, THE ENVIRONMENTAL QUALITY ACT; ADDING
NEW ITEMS; 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 Amendments Act of 2004".
Section 2. Purpose
The purpose of this Act is to make technical amendments and updates and to clarify the authority of the Environmental Protection Commission. Articles 1, 2, 3 and 4 of the existing Environmental Quality Act are hereby amended to make technical revisions and updates; a new Article 12 is added, entitled "General Provisions", which establishes additional authorities and delegations to the Environmental Protection Commission; makes pollution unlawful; authorizes administrative proceedings for environmental matters; establishes violations and penalties; and establishes an "Environmental Quality Revolving Fund". The Act also renames the entire Chapter 3 as the "Environmental Quality Code".
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.
Section 4. Definitions
Not applicable.
Section 5. Amendments
CNCA Title 63 Chapter 3 is hereby revised as follows:
CHAPTER 3
CHEROKEE NATION ENVIRONMENTAL ACT QUALITY CODE
ARTICLE 1. CODIFICATION
*50 Codification
This Chapter shall be codified as the Cherokee Nation Environmental Quality Code and supersedes and supplements all conflicting provisions or laws of the Cherokee Nation.
ARTICLE 2. DELEGATION OF AUTHORITY
AND
? 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 shal...