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