Section ENV.04.44 — Oil & Gas Recovery Activities, Surface Mining

(a) Effective December 31, 1988, oil and gas exploration and recovery activities (underground injection is prohibited) and surface mining activities shall be prohibited within an area 1,000 feet from the banks of any reservation stream or lake determined by the Tribe to have the potential to support a population of fishes of which serves as a spawning ground for the same.

(b) Any person seeking to engage in such activities covered under subsection (a) within one-half mile of a tribally designated stream under that subsection must submit a written project proposal to the Tribal Council for a permit to conduct such activities. The Tribal Council shall make the final decision as to whether such activities will be permitted and what conditions shall be required to preserve the species or species habitat.

(c) Effective December 31, 1988, oil and gas exploration and recovery activities, and surface mining activities, which will affect reservation streams and lakes will require a tribal permit.

(d) Any person seeking to engage in such activities covered under subsection (c) of this Section must submit a written project proposal to the Tribal Council for a permit to conduct such activities. The Tribal Council shall make the final decision as to whether such activities will be permitted and what conditions will be required to:

(1) Assure that the resulting water quality will meet the standards of that particular watershed as established by the Tribe pursuant to its stream classification system under this Article; and

(2) Assure that all resulting effluent discharges from such operations shall be retained or treated in a proper manner so as to protect the watershed from degradation from the tribally established standard for that stream or watershed.