RST Law and Order Code 19-1-105.pdf

This is a tribal law document from the Rosebud Sioux Tribal Court establishing environmental responsibilities and protections for the Rosebud Sioux Tribe's reservation lands.

The statute, codified as 19-1-105 in the Rosebud Sioux Law & Order Code under Title 19 (Environmental Protection), declares that the Rosebud Sioux Tribe is subject to federal environmental laws including the Solid Waste Disposal Act (42 U.S.C. §§ 6901-6992 k), the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. §§ 6901-6911 l), and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. §§ 6901-9675). The statute authorizes the Tribe to regulate all discarded materials on the reservation—including solid waste, liquid and contained gaseous wastes, semi-solid wastes, sludges, and toxic, lethal, and hazardous wastes. The legislative findings establish that because the five counties containing the reservation and its tribally and individually owned trust lands lack adequate environmental laws, it is imperative that the Tribe regulate all discarded materials and substances potentially harmful to the reservation environment. The document includes references to related statutory sections addressing sovereign power, environmental regulations, economic impacts, consensual relations, benefits of tribal government, affected territory and persons, statutory purpose, and sovereign immunity.