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File #: 22-013    Version: 1 Name: CNCA 27 AMENDMENT - ISSUING CITATIONS
Type: Legislative Act Status: Passed
File created: 1/13/2022 In control: TRIBAL COUNCIL
On agenda: 1/27/2022 Final action: 2/21/2022
Enactment date: 2/14/2022 Enactment #: LA-05-22
Title: AN ACT AMENDING TITLE 27
Sponsors: Victoria Vazquez, Mike Shambaugh, Danny Callison, Dora Patzkowski, Joe Deere
Indexes: Environmental Programs, Environmental Protection, Environmental Quality Code, EPA
Code sections: Title 27 - Environmental Quality
Attachments: 1. LA-05-22.PDF
Related files: CNCA-27
Title
AN ACT AMENDING TITLE 27
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This Act shall be known as the "An Act Amending Title 27.

Section 2. Findings

The Cherokee Nation Tribal Council finds that in order to issue citations for littering and possession of prohibited materials on Cherokee Nation Scenic Rivers, this Amendment in needed.

Section 3. Legislative History

Title 27; Title 63; Legislative Acts 01-93, 08-98, 31-04, 35-04, 42-04, 15-05, 19-05, 41-05, 36-06, 06-08, 04-10, 10-10, and 25-10.

Section 4. Purpose

The purpose of this Act is to provide criminal penalties for littering and pollution of the Scenic Rivers located in the Cherokee Nation Reservation and to prohibit items that could harm the rivers and streams.

Section 5. Substantive Provisions

? 1005. Littering, Use of Glass, Styrofoam or Plastic Containers, and TMDLs

A. It is recognized by the Council that littering by people using the "scenic river areas" is one of the most immediate threats to the scenic beauty of our free-flowing streams and surrounding areas.

B. Any cross-deputized law enforcement officer, marshal, ranger, staff or members of the
Oklahoma Scenic Rivers Commission, police or peace officer, game wardens, landowner in the area, or any other interested party may file a complaint to enforce the provisions of the Scenic Rivers Act or to enforce other applicable requirements to prevent and clean up pollution.

C. Any person who deliberately places, throws, drops, deposits or discards any garbage, trash, waste, rubbish, refuse, debris or other deleterious substance on or near a scenic river area shall be subject to the provisions of Section 1761.1 of Title 21 of the Cherokee Nation Statutes. monetary penalties and enforcement provisions of the CN Environmental Code for illegal pollution or discharges and any other applicable law.

D. The use of glass, Styrofoam or any plastic foam containers for any purpose shall be prohibited o...

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