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About Smoke signals. (Grand Ronde, Or.) 19??-current | View Entire Issue (Jan. 20, 1998)
January 20, 1998 SMOKE SIGNALS 7 Tribal Council approves changes to Environmental Protection Ordinance The Natural Resource Division in consultation with the Tribal Attorney's Office has proposed revisions to the Environmental Protection Ordinance. The revisions will allow the Tribe to be eligible for Treatment as a State (TAS) and grant funds under the Clean Water Act. In order to be eligible for TAS status and a grant under the Act, the Tribe must demonstrate its ability and willingness to take emergency action to stop pollution of its water resources. The proposed ordi nance revisions include a definition of pollution and pollutants, a specific prohibi tion against any activities which would result in pollution, a provision allowing the Tribal Council Chairperson or the Executive Officer to bring suit on behalf of the Tribe to restrain persons from releasing pollutants which pose an imminent and significant threat to the environment, and a provision granting the Tribal Court jurisdiction to hear matters arising under the ordinance. The revisions include two new definitions under part (b) DEFINITIONS. They are (4) and (5). Other revisions include changes under (I) RULES, beginning with (m). The part redlined (with line through the type) is now replaced with what follows it. For a complete copy of the Ordinance please contact the Tribal Attorney's Of fice at (503) 879-2265. Please send your comments to: Kathleen Feehan, Natu ral Resources Division, 961 5 Grand Ronde Road, Grand Ronde, OR. 97347. THE CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON ENVIRONMENTAL PROTECTION ORDINANCE Tribal Code 651 (b) DEFINITIONS: (4) "Pollution" shall mean the presence in the environment of sufficient quantities of pollutants as may be injurious to public health, safety or welfare, or to domes tic, commercial, agriculturalor recreational uses, or to livestock, wildlife, fish or other aquatic life. (5) "Pollutants" shall mean substances or matter, including any herbicide, insec ticide, fertilizers, sewage, toxic chemicals, waste water, sediments, or oil and other petroleum distillants which pose a significant threat to the health, safety or well-being of persons or natural resources. (I) RULES: The Council shall, at its discretion: (m) Aetions During fltnte of Emergency Exempt: This Ordinance does not-BPohrttt actions authorized by the Couneil or its designee during a state of emergency declared by the CouneilActivities Causing Pollution. Notwithstanding any other provision of this Ordinance, no person shall discharge Pollutants in a manner which will likely result in Pollution of the Environment. This Ordinance does not apply to actions authorized by the Council or its designee during a state of emergency declared by the Council. (1) Emergency Powers. The Council hereby authorizes the tribal chairperson, the Executive Officer or their designee(s), upon receipt of evidence of discharge of Pollutants into the Reservation Environment posing an imminent and substantial threat to the health, safety or welfare of tribal members or significantly endanger ing livestock, wildlife, fish or other aquatic life within the reservation, to bring suit on behalf of the Tribe in Tribal Court, or any other court of competent jurisdiction, to immediately restrain any person or persons from discharging such Pollutants or to take such other action as may be lawful and necessary to enforce this ordi nance. (2) Tribal Court. The Tribal Court shall have specific authority and all other au thority inherently necessary to effect the purposes of this ordinance including the following: (a) Enjoining person(s) from engaging in any activity which will result in Pollution of the Reservation Environment; (b) Ordering the party determined to have engaged in polluting the Reservation Environment to pay the cost of cleanup; or (c) Ordering the party determinted to have engaged in polluting the Reservation Environment to reimburse the Tribe for costs of cleanup. (n) Severability: If a court of competent jurisdiction finds any provision of this Ordinance to be invalid or illegal under applic-able federal or tribal law, such provi sion shall be severed from this Ordinance. The remainder of this Ordinance shall remain in full force and effect. Tribal Court Name Changes Based on the allegations set forth in the Petitions For Change of Name and New Birth Certificate-Juvenile, filed by the Petitioner in the below entitled cases, and based on the Court's examination of the Applicants, the Petitioner, and other interested parties at the Show Cause Hearing held on November 25, 1 997: THE COURT FINDS THAT: 1 . Petitioner is over 1 8 years of age and is the parent or legal guardian of the Appli cant, a minor child; 2. Applicant is an enrolled member of the Confederated Tribes of the Grand Ronde Community of Oregon; 3. Applicant has not been granted a Change of Name by the Tribal Court within the past twelve (1 2) months; 4. All persons entitled to notice have been properly served by publication with a copy of the Order to Show Cause and by mail ing by certified mail to the father a copy of the Notice to Parents and Legal Guardians at his last known address; 5. No objection to the Petition has been filed by any parent or legal guardian of the minor child and no objection was raised at the Show Cause Hearing; and 6. The proposed Name Change is in the best interests of the minor child. THEREFORE, BASED ON THE FORGOING FINDINGS, THE COURT ORDERS: 1 . That the name of the Applicant be changed from WINSTON HAROLD HAR RISON to WINSTON HAROLD MERGER; 2. That the Clerk of the Tribal Court shall cause a copy of this Order to be printed in the tribal newsletter; 3. That the Clerk of the Tribal Court shall submit a certified copy of this Order to be submitted by Petitioner to the Registrar of Vital Statistics in the state which the Ap plicant was born; 4. That the Clerk of the Tribal Court shall submit a certified copy of this Order to the Tribal Enrollment Office; 5. That upon receipt of the certified copy of the Order, the Registrar shall issue a new birth certificate" of the Applicant to reflect the new name of Applicant as stated in this Order and shall change any desig nation of race or national origin on the birth certificate to reflect that the Applicant is American Indian; 6. That the Petitioner, on behalf of the mi nor child, shall surrender all old Tribal Iden tification Cards bearing Applicant's former name to the Tribal Enrollment Office prior to the Enrollment Office issuing Applicant new Identification Cards bearing the Applicant's new name; and 7. That within sixty (60) days from the date of this Order the Tribal Enrollment staff, and if necessary, the Tribal Enroll ment Committee, shall cause new Tribal Identification Cards to be issued to Appli cant showing the new name of the tribal member andshall change the official mem bership roll and all official enrollment records to reflect the Applicant's new name as stated in the Order. Dated this 1 8th day of December, 1 997 THE COURT FINDS THAT: 1 . Petitioner is over 1 8 years of age and is the parent or legal guardian of the Ap plicant, a minor child; 2. Applicant is an enrolled member of the Confederated Tribes of the Grand Ronde Community of Oregon; 3. Applicant has not been granted a Change of Name by the Tribal Court within the past twelve (1 2) months; 4. All persons entitled to notice have been properly served by publication with a copy of the Order to Show Cause and by mail ing by certified mail to the father a copy of the Notice to Parents and Legal Guardians at his last known address; 5. No objection to the Petition has been filed by any parent or legal guardian of the minor child and no objection was raised at the Show Cause Hearing; and 6. The proposed Name Change is in the best interests of the minor child. THEREFORE, BASED ON THE FORGO ING FINDINGS, THE COURT ORDERS: ! 1. That the name of the Applicant be changed from SETH ROGER HARRISON to SETH AARON MERCIER; 2. That the Clerk of the Tribal Court shall cause a copy of this Order to be printed in the tribal newsletter; 3. That the Clerk of the Tribal Court shall submit a certified copy of this Order to be submitted by Petitioner to the Registrar of Vital Statistics in the state which the Ap plicant was born; 4. That the Clerk of the Tribal Court shall submit a certified copy of this Order to the Tribal Enrollment Office; 5. That upon receipt of the certified copy of the Order, the Registrar shall issue a new birth certificate of the Applicant to reflect the new name of Applicant as stated in this Order and shall change any desig nation of race or national origin on the birth certificate to reflect that the Applicant is American Indian; 6. That the Petitioner, on behalf of the mi nor child, shall surrender all old Tribal Iden tification Cards bearing Applicant's former name to the Tribal Enrollment Office prior to the Enrollment Office issuing Applicant new Identification Cards bearing the Applicant's new name; and 7. That within sixty (60) days from the date of this Order the Tribal Enrollment staff, and if necessary, the Tribal Enroll ment Committee, shall cause new Tribal Identification Cards to be issued to Appli cant showing the new name of the tribal member and shall change the official mem bership roll and all official enrollment records to reflect the Applicant's new name as stated in the Order. Dated this 1 8th day of December, 1 997
