CHAPTER 9-6
OIL AND GAS ACTIVITIES
9-6-1 Purpose.
This Section is designed to insure that proper consideration of environmental and ecological factors, and long range planning is given by the Council prior to approval of oil and gas leasing, contracting or operations on the Reservation. This Section shall further insure that all oil and gas operations on the Reservation shall be carried out in an environmentally sound manner, and that a procedure for enforcing such compliance shall be provided.
9-6-2 Scope.
This Section shall be applicable to any person conducting oil and gas operations on the Reservation, including those who bring before the Council for its approval any proposed oil and gas development plan or activity to be performed on the Reservation which may significantly affect the environment of the Prairie Band of Potawatomi Indian Reservation. Federal agencies preparing environmental assessments or environmental impact statements pursuant to the National Environmental Policy Act and regulations issued pursuant to the authority thereof are requested to cooperate in fulfilling the requirement of this Title as well as those of federal laws and regulations. Federal agencies are further requested to designate the Tribe as a cooperating agency whenever such designation is consistent with regulations issued pursuant to the National Environmental Policy Act.
9-6-3 Planning.
Prior to any operation on lands leased for oil and gas pursuant to the Indian Mineral Lease Act of 1938, 25 U.S.C. § 396a-396g, lands subject to development contracts pursuant to the Indian Mineral Development Act of 1982, Public Law 97-382, 25 U.S.C. § 2101-2108, or operations conducted solely by the Tribe, the lessee, sublessee, assignee, contractor, subcontractor or operator, or agents or successors thereof, shall comply with applicable provision of the National Environmental Policy Act, 42 U.S.C. § 4321-4347, applicable regulations promulgated by the Council on Environmental Quality, 40 C.F.R. § 1508.9, Environmental Quality Handbook, 30 BIAM Supp.; National Historic Preservation Act, 16 U.S.C. § 470 et seq., and regulations promulgated thereunder, 36 C.F.R. Parts 60, 63 and 800; and the Archaeological and Historic Preservation Act, 16 U.S.C. § 469a-1, et seq. Copies of all draft environmental assessments, environmental impact statements, and reports required under the above statutes and regulations, shall be provided to the Council or the agency or the official delegated by the Tribal Council to review these documents, at least thirty (30) days prior to final review of the document by the Secretary. A copy of all final environmental assessments, environmental impact statements or other similar requests shall be filed with the Tribe, regardless of by whom these documents were prepared.
9-6-4 Plan of Development.
(A) In addition to the environmental assessments and studies required by statutes and federal regulations, each lessee, sublessee, assignee, contractor, subcontractor or agents or successors thereof, as the case may be, shall file with the Tribe a plan of development which shall indicate well locations, drilling schedule, pipeline locations, road locations and locations of other surface removal activities which shall be coordinated with development of adjacent tracts so that duplication of roads, pipelines and other clearing will be avoided. The Tribe may require that lessees, sublessees, assignees, contractors, subcontractors, interest holders or operators, or agents or successors thereof, holding leases or contracts adjacent to lands being developed be required to plan road, pipeline and other clearing in conjunction with plans for development presented to the Tribal Council in accordance with this paragraph whether or not such persons or entities intend immediate development.
(B) It is an objective of this Section that lessees, sublessees, assignees, contractors, subcontractors, operators, or agents or successors thereof, and other holding leases or contracts for oil and gas development on the Reservation, or interests therein or rights thereto, develop the properties which they hold diligently and in accordance with approved drilling schedules.
(C) The lessee or contractor, or any other person submitting a development plan, may be required to appear before the Council or any other person or agency designated by the Council to review the plan of development required by this Section.
(D) The plan of development to be submitted under Subsection 9-6-4(A) shall, when approved by the Council, be considered as an additional stipulation of the lease or contract involved, and the lessee, sublessee, assignee, contractor, subcontractor or operator, or agents or successors thereof, shall comply with the conditions thereof unless waived by the Council. Upon approval of the plan or proposed activity, the Council shall authorize issuance of a tribal environmental permit with such conditions and mitigation measures as the Council deems appropriate. The permit holder shall be subject to all provisions of this Title, including enforcement.