101 Findings, Legislative Purpose, and Authority

The Council of the Upper Mattaponi Tribe hereby finds and declares as follows:

(A) The Council deems it necessary to eliminate all discharges of pollutants into Tribal waters for the health, safety, and wellbeing of the Tribe.

(B) Elimination of all discharges of pollutants into Tribal waters is necessary at this time in order to maintain water quality for consumption, ecosystem health, recreation, and other domestic purposes.

(C) This chapter is enacted at this time as an emergency measure to maintain the quality of the Tribal waters until such time as the Upper Mattaponi Tribe can enact new law comprehensively regulating water quality and discharge of pollutants on Tribal lands.

(D) This chapter is enacted so that the Tribe may qualify for treatment as a state under Section 504 of the federal Clean Water Act and the related rules of the Environmental Protection Agency, 54 Fed. Reg. 14358 (Interim Revision of 40 C.F.R. §35.260(b)), by exercising emergency powers comparable to those of the Administrator of the Environmental Protection Agency and having adequate contingency plans to implement such authority.

(E) All Tribal lands subject to regulation under this chapter are lands held in trust by the United States for the benefit of the Upper Mattaponi Tribe, and as such the Tribe may exercise civil regulatory authority and authority as the beneficial owners of the land and resources at issue.