NATIVE VILLAGE OF VENETIE TRIBAL GOVERNMENT

(IRA)

Ordinance No. 94-03

Protection of the Environment and Natural Resources

WHEREAS, the Native Village of Venetie Tribal Government (IRA), exercising its inherent authority as confirmed by Article III - "Governing Body" of its Constitution, desires to protect the environment and natural resources of the areas used by members of the Tribe;

NOW THEREFORE BE IT RESOLVED THAT the Native Village of Venetie Tribal Government Ordains and Enacts the following Tribal Ordinance:

SECTION 1. EXPLANATION BY TRIBAL MEMBERS

(a) Josesph Tritt.- Could you explain several ways man could contaminate or pollute the air, and ways to keep from happening?
Lincoln Tritt.- And, the reason the native people lived the way they did was because they already knew about oil, uranium, and everything that the people take out from under the earth today. That is why everything they use are from the surface of the planet. They did not dig into the ground. Everything they used is from plants, or animals. The reason for that is because animal parts and plant parts all deteriorate after while and goes back into the soil and helps other plants and animals to grow. If you take the oil, and coal, and uranium, and everything else from under the ground, there is no way you can get rid of them. You can change the form, but they will not disappear. Take oil for example, start burning oil. It will notgo away, it just turns into a toxic air. If you fill this room with smoke, the smoke will go to the ceiling, but eventually it will come down and fill the whole room. And, you will find that everything that is taken out from under the ground, is nogood for the life forms on the ground. Oil that is spilled on the ground will kill the plants, if animals drink it they will die. Same thing with uranium, coal, steel and all these other materials that they dig up from under the surface. Steel will not go away, if steel rusts and deteriorates it only turns into acid that kills everything. All living things around it.

(b) Josesph Tritt.- Do you think the Tribe should protect lakes, streams and creeks?
Lincoln Tritt: Yes. I think it is very important because life out here is all a cycle. Every little piece, living thing out there makes the circle whole. You get dd of the microscopic plants from the water and the fish got nothing to eat. So your destroying the good part of the life cycle and all these things that are out there are not a nuisance or anything. They are there to do their part in keeping life forms. If we interfere with that, we interfere with life.
Josesph Tritt: Explain how different kind of contamination or pollution can have on some small game, fish and larger animals like caribou, moose, bear and sheep. Let me rephrase that question. Compared to when you were much younger does waste material in surrounding villages becoming a problem?
Lincoln Tritt:. When I was younger, when we go out hunt, camp, or whatever, we go out there and we eat the meat or fish, or whatever, and we could just leave the bone there, cause we know eventually they will decompose and go back into the ground. But then later on, when they start introducing plastics, cans, and stuff like that, well, we did the same thing with them. We left them there to deteriorate, but then we came back about 20 years later and they were still there. Then we start realizing that these things don't go away, and by the time we found out, we had garbage piled all over the place.

(c) Josesph Tritt.- Describe or explain a way our people could keep their traditional hunting and fishing, or trapping areas clean?
Lincoln Tritt.- One thing is, in these past 50 or 60 years or something, since the white man started teaching us, they have always taught us that our ways were wrong. So we have to get back to learning our own system. We have to get back our system, the way our people fought and solve things and work. Other words, we have to change our whole values around to where we start valuing ourselves, our society, and most of all the belief and the great spirit that our people had. That was the one thing that keep them alive all these years.

(d) Josesph Tritt.- Do you think in 20 to 30 years from now, we as a Tribe will have more problem with waste and contamination to our land?
Lincoln Tritt.- There's no other way. There is no way around it, unless we can do something now. It's always going to, grow. Like I said, there's no way we can make all these garbage and all these contaminants disappear. You can move them around, but it'll always be there. And everyday, every year your adding more and more and it's going to be one big problem. Even in the lower 48, you can't drink water anywhere in the state, you have to put chloride and all that things, chlorine and all kinds of crap before you drink it. This land is one of the rare places where you still get fresh water.

(e) Josesph Tritt.- Do you think the Tribe should control surface rights when constructing building or individual housing units? Or, should those rights be given to granting agencies like the State of Alaska, Federal, or Agency Branch?
Lincoln Tritt.- I think the Tribes should do that because the Tribes know the land more than any of these Federal and State agencies. We have proof that many times we came up with a lot of things that they did not even think about. So, I think the Tribe should have strict control on all these, because they are very aware of their land.

(f) Josesph Tritt.- Used oil.
William Tritt.- I think they should be stored carefully. If we want a clean environment, we have to get rid of these things. We could build a permanent shelter where we can keep these things. It is not good to just let them lay around.
Josesph Tritt: Describe or explain a way our people could keep their traditional hunting, fishing, or trapping areas clean.
William Tritt.- Why don't they pick up after themselves? Everybody should take responsibility. We went to "Vatr'agwangwaii" that time and we took along cokes and candies. We brought back the empty cans and empty candy wrappers and I put them into a plastic bag and brought them back in my pack. Just simple things. Just throwing the cans away anywhere just like that, I think that is too much. That is not protecting the environment.

(g) Josesph Tritt.- In general area of discussion, what do you think about our land and traditional sites? What would be your greatest concern? And could you explain in a short statement what area on the land is your greatest concern?
William Tritt: Like I said before, our land is very sacred to us. Our forefathers, they keep the land the way God made it for us. It is now up to us to preserve our land and historical sites and our culture.

(h) Josesph Tritt: Materials such as used batteries, oils, and old equipment are not stored properly. What do think about that?
Ernest Erick: Batteries are one of the most contaminating things there are in this world. So, we need a place to store them. We need a manager for the dump site. That is the only way, or back haul it.

(i) Josesph Tritt.- Describe or explain a way our people could keep their traditional hunting, trapping, and fishing areas clean.
Ernest Erick: Do not throw things into the water. Pick up your fish when you are done. Clean up the area so the next person could use it. Pull out your fishing traps. Clean up the area. Respect it because your forefathers has used the area. I already explained it in Gwich'in, but I am explaining it in English too, just in case. Trapping area, fishing area, pick up your empty oil containers, your empty gas container. Pick up your Styrofoam cups. Clean the area.

(j) Josesph Tritt.- Do you think 20 to 30 years from now, we as a Tribe will have problems with wastes and contamination to our land?
Ernest Erick: Well, the last 20 years, we had to deal with this waste material. It is contaminating our land already. It is not affecting the native countries around here, but we have to start cleaning it up. Native people are clean people. We do not have to have a dirty place. We could clean it up in one (1) year. It will really make a difference. We could always work. Work with one another. If we do, we will not have this waste. We do not have it now, the only thing we have to do is keep the waste material from contaminating the land. Where there is diesel burning, where people are burning oil stoves. They have diesel tanks outside. Keep it clean from waste material from dripping, from oil leaks and stuff like that. Where our generator building is, keep the area clean. They are the ones that are contaminating the land ' around here.

(k) Ernest Erick: Operator, operation dump site, huh?
Amos Frank: Yeah!
Ernest Erick: Material such as used batteries, oil and old equipment are not stored properly. What do you think about that? Tell us about oil and old equipment not stored properly? What do you think about that?
Amos Frank: The big batteries are pretty danger. I really don't know what to say about that, but I have to throw it in one place. It is not right when we throw away any kinds of old batteries in the village, or any old place and that is not nice either. We should do something about all these old equipment and we could even sell all the old equipment and get money for it. Every time the airplane come and pack it on the plane, then we could get rid of it like that, too. The equipment that been in the village for a long time we could get our money back for them if we sell it back to the company again.

(l) Amos Frank: If the non-resident go fishing, hunting, or trapping, we need to talk to them about the traditional law and how to take care of themselves and he or she need to know about the native rules and what he need to know how to survivor. All that they need to know and about the law and regulation and punishment, or not really punishment, but scold them to remember, not to break any law or regulations.
Ernest Erick: He or she could be fined?
Amos Frank: So, they could remember that they need to keep the -campsite clean. They need to pick up all their garbage and bring the trash back to the village. We should put a big sign that will say, "Bring your trash back to village."

(m)(m) Ernest Erick: We should lease the land for one (1) year agreement, or Right of Way, or easement and get money for it? The Tribal Government should do that?
Amos Frank: Yes. The Tribal Government should consider this more carefully, and think about it good before they say it to State or Federal Government. The Tribal should make law about it.

(n) Ernest Erick: You mean we will get permit for camping and hiking? They got to have permit, right?
Amos Frank: Sure. They got to have a permit for camping, hiking, and or any kinds of hunting, trapping and fishing. We don't know why they come on our land, so we got to be careful and always have to absorb things. Same time too, we should find out what kind of a person they are before we give them permission to come into our land.

(o) Josesph Tritt: From the Tribal point of view, do you know of ways to keep it from happening on our Tribal Venetie land?
Gideon James: And we always as a Tribe, we always look to our elders for advice or their knowledge of natural resources that surrounded us. And many years has past our elders and our ancestors that have used this land, many times over, they used it and travel on it and they survived. Those are the very people that really took care of this immediate area and they even took good care of it and they still clean and still have fresh water all over the place and the ground is not contaminated. So our elders, and our ancestors history are really important -to our Tribe. And by God's help we are going to put into the Ordinance and we are going to utilize this part of advice to write our Ordinance and to control our environmental and natural resources for protection.

(p) Josesph Tritt: Compared to when you were much younger, are waste material in the areas surrounding the village becoming a problem?
Gideon James: Yes, there again I remembered when I was a little boy, I remembered that there is hardly any trash or hardly any waste that I can recall. Anything today that is at our dump site, or anywhere in our trash cans are brought to us from outside. There is a lot of stuff that are in our dump site. Sometimes it needs to be controlled as far as how to get rid of it and how we control which items need to be thrown away. But here again, if we continue just wait until the State or Federal Government to do something about this we are wrong, you know. We must as a land owner, we must protect ourselves from this type of a mismanagement of our land, or you know, danger, or contaminate our land. So we must identify this type of different type of waste materials and start controlling this waste materials in this areas that we used for dump sites. And lots of things that I said but enough on the dump site part that are brought to us from the outside and lots of things that are recyclable we can always send them back to where they come from.
Josesph Tritt: Could you name a few and most important ways that the Tribe need to deal with waste materials?

(q) Josesph Tritt.- We talked about recallable material such as aluminum, paper, plastic and Styrofoam. What do you think about teaching our kids in school about recyclable materials?
Gideon James: When I was a little boy, like I said, there was hardly any trash that I remembered around the village. This is about 30 years ago, over 30 years ago. 40 years has past now that you look at our dump sites. There has been a huge amount of trash that been accumulated. So, I don't hold the Tribes, or I don't blame the Tribes for accumulating that type of trash in the immediate area. But, I blame the influence on the outside that have make it happens. So and actually half of the blame lays with the people that are responsible for creating some of these trash that we have today. So, and in knowing that explain that I know for the next 30 or 40 years from now our kids today that are 10, 12, or 13 years old will have to deal with it in next 40 or 50 years from now. So, right now, we must introduce to our school right here in Arctic Village and Venetie that we need to explain to our kids some of these recyclable materials are and identify. I need to make them aware that this type of recyclable materials we will keep it to minimum over the years and keep it in school, so by the time we get to adulthood, and also by the time they get out of school, and also by the time they start their life apparently that these things take to minimum and worst part is the dump. So, and I think if we don't do that, so we are going to continue to accumulate lots of trash and eventually will cause contamination so it is good that we must introduce this recyclable materials for school.

(r) Josesph: In general discussion, what areas in our land and traditional sites would be your greatest concern and could you explain in a short statement?
Gideon James: Hum, over the years, that and we as a Tribe, we come upon many outside interest people that come to us to do things, like housing, or any other type of issue that deals with Tribal people, or Tribal members. And they tend to make a move to control many of this issue that they bring in front of our people. And remember that as a Tribe we have many different rights, that ah, you need to control. Because of and anytime that anybody from the outside come to us to say, this is good for you, or we should do this for you, or we should do this and that. Our Tribal members and our Tribal government have every right to say, what you should do. And the control mostly lies with our Tribe and our Tribal members, and our Tribal Government. So in view of, in reality, that what had gone on today in Alaska is not very good as far as Tribal input, ah, into a lot of these different activities that deals with tribal issue, and many times Tribes in Alaska usually give their responsibilities away to nonprofit people like Tanana Chief or other nonprofit to do the work for them. That's wrong. That's just like your an Indian and you are possess a lot of sovereign identity as a Tribe and your a member of the Tribal Government, then your Tribal Government signs a resolution and say that this type of program will be run by nonprofit people that's just like giving your rights away, signing your rights away, and I really feel that way. In the law that, ah, we need to protect Tribal issue and Tribal rights. In the event that we have to protect it in court, down the future, and nonprofit people like Tanana Chief will lose your rights if you continue to do that, so that's why I warn against when you sign a resolution with any type of people, or any type of paper you know what your signing away.

(s) Ernest Erick: Yeah, I see the bumps on the fish. But, the fish travels long ways and it has all kinds of scars and bumps on it. We don't even know if the water is polluted because like the PHS and the water just runs down the river with all the garbage and trash in it. We have to keep the water and air clean. If we stand up with one another and have respect for our land then we will have a clean or happy air and water. If we as the Tribal Government Tribes and work together and keep our land and air clean and we could do it and really have respect for our land and protect our land. We should protect all the streams and creeks and keep it clean we will have better life to live on.
Edward Sam: If we don't do it and if we don't take care of it now or keep the land clean and later on in the future our children will end up with the trash or what? That is not very nice.

(t) Ernest Erick: Over the years, village dump sites were not well managed. What can be done to improve the situation?
Edward Sam: I got to say recycle again.
Ernest Erick: Sure!
Edward Sam: We will start from our house in Venetie, in recycle to separate paper from cans, can from steel, paper and plastic separate trash. Trash is trash. And can is can. We got to separate cans and paper and plastic. If we do that in our house it will be easy. Empty the trash. Put pop cans barrel in corner, separate from put drum for plastics and have separate drums for different trash items. That way we will less trash problem and the trash cans will not be filled up all the time if we take care of our trash problem.

(u) Edward Sam: Well, it will be pretty hard to tell people to keep the area clean. We just can't make a person do it. If you throw a cigarette out on the street and expect you to pick it back up, or I can't make you to pick up the cigarette butt right? It is a individual commitment and you got to trust somebody on this one. It got to be an individual commitment. Set a strict rules. Who ever go out trapping and I make a strict rules and tell the person about the rules. And it is up to that person to keep the area keep. We just can't tell each individual to pick up your trash, or bring your trash back to the village, so let us make strict rules. We will not know where all he or she will travel in the woods. If we tried to tell him about the trash and he might tell us to leave him alone or might say keep away from me. So that is why you make sure it is all right for a individual to know that he or she should know about the strict rules is to clean up the area.

(v) Ernest Erick: Compared to when you were much younger, are waste material in this area in the village becoming a problem?
Pete Peter: Yes. That is because there was no Ordinance on littering. That was the attitude towards littering. There was no law against it and people dump their trash even before they hit the dump site. It was okay like. That was the attitude a long time ago. This was because there was no Ordinances back then. If we write an Ordinances and have it all written down, we will not have that problem.
Ernest Erick: Lakes, streams and creeks, that is where we do a lot of trapping and fishing and hunting. We have to use those areas by those lakes and creeks, right?
Pete Peter: Yes. Right now compared to today it is more of a problem right now. The trash. Because the younger generation dump their trash even before they hit the dump site. We see that all the time. That is the reason we hired someone to clean the dump. Seems like it happens more often now. We need to educate the younger generation that there is a law against that or there will be.

(w) Ernest Erick: So, how about the stuff that burn up north? Things that come out of refinery areas?
Pete Peter: The whole planet is heading for that. Industrial. In the future, we are going to start seeing the weather, even now the weather is changing. The greenhouse effect is really bad right now. That is why the environmentalists are all fighting it out right now. Because man is getting out of control. All that chemical burning. Even all that oil that burned in Iraq. It affects us up here. Global warming and there is nothing we can do. Man has to realize that.

(x) Ernest Erick: We all trap and we fish and we hunt, right?
And there are areas out there that we use.
Pete Peter: It relates to question four. Write an Ordinance on littering and teach the young children about it. The littering is going to create more problems for them in the future. The young generation. Just in school. Maybe a statement that says that they need to keep these areas clean. So they could use the land again. Our ancestors did that to us. They did a good job so their kids could use the land again. I remember our sister did that to us. Good job. We came around and we have to do the same thing.

(y) Ernest Erick: Those areas we used as Indians, where we go hunting and trapping and fishing, how are they going to keep that area clean?
Gary Simple: It will be good if we take care of our own trash. It will be good if we get used to hauling our own trash back to here. We leave our trash when we go hunting.
Ernest Erick: In all our hunting areas, huh?
Gary Simple: Yes. In our hunting areas it will be good if we carry our trash back. If I took a six pack of pop out, I should have six empty cans when I come back.
Ernest Erick: We have to write an Ordinance and stuff like that?

(z) Ernest Erick: You are right. What do you think 20 years or 30 years from now, we are a Tribe, we have more problems with contamination on this land?
Gary Simple: In the next 20 years? Yes, if we do not do anything about it. We need to clean up.

(aa) Josesph Tritt.- Right. Do you think that 20 or 30 years from now, we as a Tribe will have problems with waste or contamination to our land? Look into the future about 20 to 30 years from now. Do you think we will have problems with waste and contamination on Reserve land?
Audrey Tritt.- Yes, if we do not teach our kids how to take care of it. We will have a problem with that. We will have to tell them what to do just like the way we were told.

SECTION 2. FINDINGS.

The Native Village of Venetie Tribal Government (IRA) ("Tribal Council") finds that:

(a) It has governmental authority over the lands within the boundaries of the Venetie Reservation.

(b) It owns in fee simple title the lands within the boundaries of the Reservation;

(c) Pollution of the land and water of the Reservation and of lands and waters outside of the boundaries of the Reservation poses a threat to the health and welfare of the Tribe and its members;

(d) Littering in the villages and at campsites, in addition to being unsightly, poses a threat to the fish and animals upon which the Tribe and its members depend;

(e) The village dumpsites have not been managed as well as they should have been over the past years, and there are old batteries and other hazardous materials that are in the dumps that should not have been placed there;

(f) It is necessary to protect the environment and natural resources of the Reservation and of the lands and waters outside of the Reservation in order to protect the health and welfare of the Tribe and its members; and

(g) It is important to the health, welfare, and economy of the Tribe and its members that all materials which can be recycled are in fact recycled.

SECTION 3. PURPOSES.

The Tribal Council wishes to:

(a) Protect the lands and waters of the Reservation and outside the boundaries of the Reservation so that pollution and littering do not adversely affect the health, welfare, and safety of the Tribe and its members.

(b) Ensure that the village dumps are constructed and managed in a manner that assures the health, welfare, and safety of the Tribe and its members.

(c) Adopt and implement a comprehensive recycling program.

SECTION 4. DEFINITIONS.

(a) The term "member" means a person recognized as a member of the Tribe under Article 11 -'Membership' of its Constitution.

(b) The term "non-member" means any person who is not a member of the Tribe.

(c) The term "village enforcement offices" means the person appointed by the Tribal Council to carry out the duties set forth in Section 12 of this Ordinance.

(d) The term "tribal lands" means those lands owned by the Tribe or within its territorial jurisdiction, including but not limited to the boundaries of the Venetie Reservation.

(e) The term "traditional use area" means fish camps, hunting areas, trap lines, and other historical sites located outside the boundaries of the Venetie Reservation.

SECTION 5. SCOPE.

This Ordinance governs the activities of members and non-members of the Tribe within the boundaries of the Reservation and at specific traditional use areas beyond the boundaries of the Reservation as designated by the Tribal Council.

SECTION 6. LITTERING.

(a) Littering is strictly forbidden both on the Reservation and in traditional use areas designated by the Tribal Council. All trash either shall be recycled or shall be deposited at the village dump, or in receptacles in the village designated for that purpose.

(b) No trash shall be left at campsites. All paper shall be burned at the campsite, and all cans, plastic, and other unburnable materials shall be packed back to the village and either recycled or deposited at the village dump.

(c) Signs and notices will be placed at appropriate places in the villages, along the rivers, and at well-used campsites reminding members and non-members of their responsibilities under this section.

(c) Each household will be solely responsible to have their trash cans emptied, and keep area clean at all times.

SECTION 7. POLLUTION.

(a) There shall be no pollution of any lands or waters within the scope of this Ordinance. This includes, but is not limited to, dumping of oil, fuel, or gas on the ground, or in the water.

(b) No materials shall be burned except paper, wood and similarly combustible materials. In no event shall plastics be burned.

(c) Human waste shall be buried in one place well away from any waters.

(d) Each oil or fuel spill must be reported to Tribal Council and appropriate action will be taken to have area cleaned.

(e) The Tribal Council shall study the effects of hazardous materials to humans and establish permanent rules to control the handling and transport for safety of hazardous materials.

(f) Waste water will be separate from human wastes and be dumped at proper locations inside toilet.

SECTION 8. OPERATION OF THE VILLAGE DUMP

(a) The village dump in each village shall be the sole depository of all trash and hazardous materials.

(b) The Tribal Council shall enter into a study to determine the best way to manage the village dumps. The study shall include, but not be limited to:

(c) Pending completion of the study, the Council shall manage the dumps in the following manner:


SECTION 9. RECYCLING.

(a) All materials which can be recycled shall be recycled. These include, but are not limited to, aluminum cans, Styrofoam cups, and glass bottles.

(b) A recycling center shall be established at the village dump or at some other location if the Tribal Council so determines. All recyclable materials shall be brought to this center.

(c) The Tribal Council shall develop a program to determine the best use of recycled materials. This program shall include, but need not be limited to, the reuse of these materials in the village, the sale of these materials (such as aluminum cans) off-Reservation, and how the proceeds from any such sale could be best used (such as allowing the children to be responsible for recycling cans and keeping any proceeds).

(d) The Tribal Council shall enter into a study as to what shall be done with the old equipment in the villages. Upon completion of the study, the Council shall designate a person to implement the study, including making plans to get rid of any equipment the study finds cannot be used.

SECTION 10. EDUCATION.

The Tribal Council shall institute an educational program in the village and the village schools to educate members, nonmembers, and their children about the importance of keeping the villages and the traditional use areas clean and of recycling all materials that can be recycled.

SECTION 10. CONSEQUENCES.

(a) Violations of any provision of this Ordinance shall be prosecuted in the Tribal Court.

(b) Upon conviction, violations by a member or a non-member married to a member shall be punished as follows:

(i) a fine of not more than $50.00/or 72 hours community service work;

ii) total or partial expulsion from the area within the jurisdiction of the Tribal Court.

 (c) Upon conviction, non-members who are not married to members shall be fined in the amount of $50.00, shall be placed on probation, shall have their permit revoked and/or shall be banished from tribal lands for a period of time determined by the Court.

(d) In the event that the Court imposes a fine on the offender, an offender may complete community service instead of paying a fine -- community service shall be valued by work assignment.

SECTION 12. ENFORCEMENT.

(a) The Tribal Council shall appoint a qualified resident who is a member of the Tribe to be a village enforcement officer, who shall be responsible for enforcing this Ordinance.

(b) In the case of an alleged violation of this Ordinance, the village enforcement officer shall prosecute any charge in the name of the "Native Village of Venetie Tribal Government". The action shall be commenced by filing a complaint in the Tribal Court. The complaint shall state the name of the person charged and describe the conduct alleged to be in violation of this Ordinance. The person charged shall be given a copy of the complaint and have five,(5) days from receipt of the complaint to prepare for the initial hearing in the Court. The accused shall have the rights set forth in 25 U.S.C. 1302 (Indian Civil Rights Act) and shall receive notice of those rights when served with the complaint.

SECTION 13. CIVIL RIGHTS.

All proceedings conducted pursuant to this Ordinance shall be subject to the provisions of the Indian Civil Rights Act, 25 U.S.C. 1302, and any other applicable laws.

SECTION 14. SEVERABILITY.

If any portion of this Ordinance is deemed by a Court of competent jurisdiction to be unconstitutional or otherwise invalid, that portion may be stricken, but the remaining provisions shall remain effective.

CERTIFICATION OF ADOPTION

This certifies that Ordinance 94-03 was duly adopted on ____ day of ______________, Nineteen Hundred and Ninety Four by the Native Village of Venetie Tribal Government (IRA) Tribal Council.

 

Gideon James, 1st Chief Mildred Hanson, 2nd Chief

Calvin Tritt, Tribal Council Earl Henry, Tribal Council

Lillian Garnett, Tribal Council Aaron Tritt, Tribal Council

David Henry, Jr., Tribal Council Pete Peter, Tribal Council

Tribal Council