1.01.060 Administrative Procedure: Notice of Intent to Adopt a Code or Availability of Draft Environmental Review Statement

(a) Purpose The purpose of this ordinance is to provide notice of intent to the public and by the Tribe to:

(1) adopt and/or review a code, or

(2) availability of a draft environmental review statement, and/or

(3) other actions identified by the Tribe requiring public notice and comment.

(b) Definitions "Public," used as a noun, means Members of the Tribe and other persons or entities upon whom a Lease-related activity may reasonably be expected to have a particular and material impact.

"Right-of-Way" means an easement or a legal right to go over or across Tribal Land for a specific purpose, including but not limited to building and operating a line or road. Right-of-way does not include Service Lines.

"Service Line Agreement" means the agreement between the Tribe and a service provider required by 25 C.F.R. Part 169, Subpart B, pursuant to which a service provider may install a Service Line over Tribal Land to provide services to the owners or authorized occupants or users of land.

"Tribe" means the Bad River Band of Lake Superior Chippewa Indians

(1) Notice of intent and/or availability shall be published in a manner calculated to reach the public, including:

(A) Posting notice on the Tribe's website for thirty days; and

(B) posting a hard-paper copy at the Tribe's government offices and at other locations where public notices are usually posted; and

(C) posting the action items requiring public notice and comment for no less than 30 days unless the Tribal Council has made an exception for select circumstance(s), in which the period may be shortened to 15 days, with the understanding of the affects the safety and welfare of interested parties.

(2) The notice of intent or availability shall state that:

(A) A Code, Right-of-Way Agreement, Lease, and/or other action items are under consideration for approval pursuant to this Ordinance;

(B) a copy of all action items, including the code or draft environmental review statement, shall be available for review by any member of the Public at a named place during specified hours; and

(C) any Member of the Public may, within 30 days after publication of the notice, make comments, by email or letter, to the Executive Secretary regarding significant effects a code or proposed right-of-way transaction may have on the environment.

(D) The date, time, and location of a Public Hearing on the code or draft environmental review statement.

(3) Public Hearing shall be conducted within the mandatory posting and comment period and shall be open to the entire public.