RESOLUTION
NO.
2005­
_/
7
OF
THE
MOHEGAN
TRIBE
OF
INDIANS
OF
CONNECTICUT
APPROVING
TRIBAL
NOx
REGULATIONS
WHEREAS,
The
Mohegan
Tribe
of
Indians
of
Connecticut
(
Mohegan
Tribe)
is
a
federally
recognized
American
Indian
Tribe
recognized
by
the
United
States
pursuant
to
25
C.
F.
R.
83;
and
WHEREAS,
the
Mohegan
Tribe
is
governed
by
the
Mohegan
Tribal
Council
pursuant
to
the
Constitution
of
the
Mohegan
Tribe;
and
WHEREAS,
the
Mohegan
Tribal
Council
has
specified
powers
under
the
Tribal
Constitution
including
the
power
to
promote
and
protect
the
health,
peace,
morals,
education
and
general
welfare
of
the
Mohegan
Tribe
and
its
members
and
to
establish
and
enforce
any
ordinances
necessary
to
that
power;
and
WHEREAS,
the
Mohegan
Tribe
has
established
a
Mohegan
Environmental
Protection
Department
(
MEPD)
that
is
authorized
to
administer
and
enforce
all
tribal
laws
relating
to
air,
water
and
land
environmental
protection;
and
WHEREAS,
the
MEPD­
with
the
assistance
of
the
Tribal
Legal
Departmenthas
drafted
"
The
Mohegan
Tribe
Tribal
Air
Program
Area
Wide
NOx
Emission
Limitation
Regulation"
(
NOx
Regulations)
that
will
establish
regulations
and
limitations
applicable
to
all
stationary
sources
of
NOx
(
nitrogen
oxide)
emissions
located
on
the
Mohegan
Indian
Reservation
;
and
WHEREAS,
the
MEPD
has
worked
closely
with
the
U.
S.
Environmental
Protection
Agency
(
EPA)
in
the
preparation
of
the
NOx
Regulations
and
has
followed
applicable
EPA
regulations
including
the
holding
of
a
Public
Hearing
on
March
25,
2005
to
solicit
public
comments;
and
WHEREAS,
the
Tribal
Council
previously
approved
NOx
Regulations
pursuant
to
Mohegan
Tribal
Ordinance
2002­
14
and
Resolution
No.
2002­
21
;
and
V17HEREAS,
EPA
regulations
have
changed
since
the
time
these
NOx
Regulations
were
enacted
that
set
new
limits
on
NOx
Emissions;
and
WHEREAS,
the
Mohegan
Tribe
must
adopt
NOx
Regulations
in
order
that
it
may
obtain
approval
by
EPA
of
its
Request
for
Eligibility
Determination
under
the
Clean
Air
Act
to
be
treated
as
a
state
to
administer
and
enforce
the
NOx
regulations
;
and
WHEREAS,
the
Mohegan
Tribe
will
be
submitting
its
Request
for
Eligibility
Determination
under
the
Clean
Air
Act
upon
approval
by
the
Tribal
Council
of
the
NOx
Regulations
;
and
NOW
THEREFORE,
BE
IT
RESOLVED
that
the
Tribal
Council
hereby
approves
and
enacts
the
"
The
Mohegan
Tribe
Tribal
Air
Program
Area
Wide
NOx
Emission
Limitation
Regulation"
(
NOx
Regulations)
that
will
establish
regulations
and
limitations
applicable
to
all
stationary
sources
of
NOx
(
nitrogen
oxide)
emissions
located
on
the
Mohegan
Indian
Reservation
;
and
BE
IT
FUTHER
RESOLVED
that
Tribal
Council
hereby
repeals
the
NOx
Regulations
that
the
Tribal
Council
approved
pursuant
to
Mohegan
Tribal
Ordinance
2002­
14
and
Resolution
No.
2002­
21
;
and
BE
IT
FINALLY
RESOLVED
that
the
Tribal
Council
authorizes
the
submission
of
the
Request
for
Eligibility
Determination
under
the
Clean
Air
Act
so
that
the
Tribe
may
be
treated
as
a
state
to
administer
its
NOx
Regulations
.

Dated
this&
day
of
April
2005
at
Uncasville,
Connecticut
.

ATTEST:

Shirley
M.
W
sh
Recording
Secretary
.
L)
AZa1,
06/
02/
05
14
:
11
FAX
186
02
04812
2
AtOHEGAN
TRIBE
RESOLUTION
NO.
2005~
ZY
OF
THE
MOHEGAN
TRIBE
OF
INDIANS
OF
CONNECTICUT
Ep'FECTIVE
DATE
OF
TRIBAL
NOg
REGULATIONS
WHEREAS,
The
Mohegan
Tribe
of
Indians
of
Connecticut
(
Mohegan
Tribe)
is
a
federally
recognized
American,
Indian
Tribe
recognized
by
the
United
States
pursuant
to
25
C.
F.
R.
83;
aud
,

WMR.
EAS,
the
Mohegan
Tribe
is
governed
by
the
Mohegan
Tribal
Council
pursuant
to
the
Constitntion
of
the
Mohegan
Tribe;
and
.
.

WHEREAS,
tile
Mohegau
Tribal
Council
has
specified
powers
under
the
Tribal
Constitution
including
the
power
to
promote
and
protect
the
health.,
peace,
morals,
education
and
general
welfare
of
the
Molaegan
Tribe
and
its
members
and
to
establish
and
enforce
any
ordinances
necessary
to
that
power;
and
WHEMEAS,
the
Tribal
Council
approved
the
NOx
Regulations
on
April
28,
2005
pursuant
to
Resolution
No.
2005­
17
and
Mobegan
Tribal
Ordinance
2005­
01
;,
and
WHEREAS,
the
NOx
Regulations
include
1anguage
in
Section
14
of
the
Regulations
stating
that
they
will
not
be
effective
until
approved
by
Tribal
Council
and
the
Mohegan
Tribal
Claming
Authority
(
MTGA)
;
and
,

WHEREAS,.
it
has
beea
determined
that
the
approval
of
or
by
adoption
the
MTGA
is
not
required
for
the
NOx
Regulations
to
become,
effective.

.
NOW
THEREI~'
ORE,
BE
IT
RBSOLVED
that
the
Tribal
Council
hereby
deletes
the
language
in
the
NOx
Regulations
(
Ordinance
2005­
O1)
in
Section
14
that
the
Regulates
will
be
effective
upon
a.
doption
by
the
IM
GA
which
will
make
the
Regulations
effective
based
upon
the
approval
by
the
Tribal
Council
on
April
28,
2005.

Dated
this.~
day
of
May
2005.
at
Uncasville,
Connecti.
cut.
10002
06/
02/
05
14
:
11
FAX
18602046122
MHE9AN
TRIBE
Mark
F.
Brown
Chairman
ATTEST­

11
Shirley
M.
'
W'slsh
Recording
Secretary
S
Y
J
I
 
V
~
­
T
r
L
'

s
J
c~
y
9
MOHEGAN
ENVIRONMENTAL
PROTECTION
DEPARTMENT
Ordinance
2002­
1Z.

Section
1
.
Statement
of
Findings.
The
Mohegan
Tribal
Council
finds
that:

A.
The
Mohegan
Tribe
has
a
primary
interest
in
the
protection,
control,
conservation
and
utilization
of
natural
resources
within
the
Mohegan
Indian
Reservation.
It
is
the
purpose
of
this
Ordinance
to
establish
a
Tribal
Environmental
Protection
Department
to
ensure
the
health
and
well­
being
of
all
people
residing
on
or
visiting
the
Mohegan
Indian
Reservation.

B.
The
Mohegan
Tribe
has
jurisdiction
to
implement
and
enforce
Tribal
air,
water
and
land
use
quality
standards
on
the
Mohegan
Indian
Reservation.

Section
2.
Establishment
of
Department.

A.
There
is
hereby
established,
within
the
Office
of
the
Chief
of
Staff,
the
Mohegan
Environmental
Protection
Department,
hereinafter
referred
to
as
the
"
Department"
or
"
MEPD".

B.
There
shall
be
at
the
head
of
the
Department
the
Administrator
of
the
Mohegan
Environmental
Protection
Department,
hereinafter
referred
to
as
the
"
Administrator."
The
Administrator
shall
be
hired
by
the
Mohegan
Tribe
as
a
tribal
employee
and
shall
be
subject
to
all
policies,
rules
and
regulations
that
apply
to
other
tribal
departments.

Section
3.
General;
Responsibilities
of
the
Department.

The
Department
is
charged
with
the
development,
administration
and
enforcement
of
the
Tribal
Implementation
Plan
enacted
pursuant
to
the
Clean
Air
Act
and
any
such
other
environmental
program
approved
by
the
Tribal
Council:

A.
The
Administrator
shall
develop
standards
and
guidance
to
protect
the
Tribe's
air,
land,
water
and
other
natural
resources
for
proposal
and
approval
by
the
Tribal
Council.

B.
The
Administrator
shall
promulgate
rules
and
regulations
for
the
review
and
approval
of
the
Tribal
Council
for
the
purpose
of
compliance
with
the
Tribal
Irnplementation
Plan.
C.
The
Administrator
shall
monitor
compliance
and
prepare
appropriate
documentation
in
furtherance
of
the
administration
and
enforcement
of
the
Tribal
Implementation
Plan,
as
provided
for
in
tribal
regulations
enacted
for
such
purposes.

D.
The
Administrator
shall
consult
with
various
agencies
on
the
permitting
process
and
seek
resolution
for
issues
of
non­
compliance,
as
provided
for
in
tribal
regulations
enacted
for
such
purposes.

E.
The
Administrator
shall
be
responsible
for
administering
such
other
environmental
programs
as
directed
by
the
Tribal
Council,
including
but
not
limited
to
Fuel
Cell
operations
and
Tribal
recycling
programs.
.

Section
4.
Enforcement;
Delegation
of
Authority.

The
Administrator
shall
have
the
authority
to:

A.
Enforce
the
Department's
environmental
and
natural
resource
rules
and
regulations
approved
by
the
Tribal
Council.

B.
Promulgate,
for
approval
by
the
Tribal
Council,
reasonable
and
appropriate
enforcement
policies
and
procedures,
and
implement
such
policies
and
procedures
as
provided
for
in
tribal
regulations
enacted
for
such
purposes.

C.
Promulgate,
for
approval
by
the
Tribal
Council,
a
schedule
of
civil/
criminal
penalties
to
be
assessed
for
violations
of
the
Department's
rules
and
regulations
and
follow
any
agreed
upon
procedures
regarding
alleged
criminal
violations
in
cases
where
the
Tribe
is
precluded
from
asserting
criminal
enforcement
authority.

Section
5.
Reporting
The
Administrator
shall
report
to
the
Chief
of
Staff
on
a
monthly
basis
regarding
the
departmental
functions,
budget,
and
activities
of
the
MEPD.
Further,
the
Administrator
shall
report
in
writing
to
the
Tribal
Council,
on
at
least
a
quarterly
basis,
regarding
the
status
of
the
Tribal
Implementation
Plan
and
other
delegated
programs.

Section
6.
Funding
The
Tribe
shall
provide
such
funding
to
the
Department
that
will
ensure
that
the
Department
can,
at
a
minimum,
appropriately
develop,
implement,
monitor,
and
enforce
the
Tribal
Implementation
Plan
and
any
other
environmental
programs
approved
by
the
Tribal
Council.
Section
7.
Effective
Date
This
Ordinance
shall
be
effective
following
the
enactment
by
resolution
of
the
Mohegan
Tribal
Council.

I
hereby
certify
that
the
foregoing
Ordinance
was
approved
by
the
Mohegan
Tribal
Council
at
a
duly
called
meeting
of
the
Council
on
the
JaN '
day
of
~
fC,
Gn,
ht4f
,
2002.

Chairman,
Mark
F.
Brown
Mohegan
Tribal
Council
Attest:

Recording
Shcretary,
Shirley
M.
Walsh
/
RESOLUTION
No.
2002­
49
OF
THE
MOHEGAN
TRIBE
OF
INDIANS
OF
CONNECTICUT
WHEREAS,
the
Mohegan
Tribe
of
Indians
of
Connecticut
is
an
American
Indian
Tribe
recognized
by
the
United
States
pursuant
to
the
provisions
of
25
C.
F.
R.
Part
83
;
and
WHEREAS,
the
Tribal
Council
is
vested
with
the
authority
to
promote
and
protect
the
health
and
general
welfare
of
the
Mohegan
Tribe
and
its
members
pursuant
to
Article
IX,
Section
2(
1),
Constitution
of
the
Mohegan
Tribe
of
Indians
of
Connecticut;
and
.

WHEREAS,
the
Tribal
Council
is
vested
with
the
authority
to
establish
and
enforce
all
ordinances
delineating
the
civil
and
criminal
laws
of
the
Mohegan
Tribe
and
to
establish
and
enforce
rules
and
regulations
for
the
management
of
tribal
lands
pursuant
to
Article
IX,
Section
2(
n)
and
(
j),
Constitution
of
the
Mohegan
Tribe
of
Indians
of
Connecticut;
and
WHEREAS,
the
Tribal
Council
is
vested
with
the
authority
to
establish
a
basic
departmental
structure
for
the
executive
branch
of
the
tribal
government
and
to
delegate
appropriate
powers
to
such
departments
pursuant
to
Article
IX,
Section
(
q),
Constitution
of
the
Mohegan
Tribe
of
Indians
of
Connecticut;
and
WHEREAS,
the
Tribal
Council
has
a
primary
interest
in
the
protection,
control,
conservation
and
utilization
of
all
natural
resources
within
the
exterior
boundaries
of
the
Mohegan
Indian
Reservation;
and
WHEREAS,
the
Tribe
is
in
the
process
of
developing
and
implementing
environmental
and
natural
resources
programs
through
the
enactment
of
tribal
laws
regarding
regulation,
compliance
and
enforcement
of
environmental
standards
and
rules
on
Tribal
lands;
and
WHEREAS,
the
Tribal
Council
has
reviewed
the
existing
Mohegan
Environmental
Department
Ordinance,
Mohegan
Tribal
Ordinance
No.
2001­
03
and
determined
that
modifications
are
necessary
to
make
clarifications
and
changes
that
will
further
provide
for
the
proper
administration
of
the
Mohegan
Environmental
Protection
Department;
and
WHEREAS,
the
Tribal
Council
has
completed
its
review
of
such
modifications
and
desires
to
amend
the
Mohegan
Environmental
Protection
Department
Ordinance.

THEREFORE,
be
it
resolved
that
the
Mohegan
Tribal
Council
hereby
approves,
as
amended,
the
Mohegan
Environmental
Protection
Department
Ordinance,
Mohegan
Tribal
Ordinance,
No.
2002­,
2,
and
hereby
repeals
the
previous
version
of
the
Mohegan
Environmental
Protection
Department
Ordinance,
No.
2001­
03
.

Dated
this
If
44­
day
of
h­
C
t,
t"
fiil­
,
2002
at
Uncasville,
Connecticut
Mark
F.
Brown
Chairman
Attest
:

Shirley
M.
Walsh
Recording
Secretary
