1. Developing Tribal Waste Codes PRESENTED BY: Josh Simmons Principal Consultant / Attorney www.ProsperSustainably.com February 24-26, 2015

2. Tribal Env Law Development Steps  Identify Environmental Issues and Objectives  Identify and Consider Enforcement Options and Capabilities  Consider Available and Needed Tribal Resources  Review Tribal Constitution and other governing documents  Research and Review Similar Laws  Draft or Revise Tribal Waste Law  Public Presentation & Review  Legal Review  Enact Tribal Waste Law

3. Tribal Env Law Development Steps  Identify Environmental Issues and Objectives

5. Identifying Issues & Objectives  Specific or General  Area Specific Issues and Objectives o E.g. Open Burning, Roadside Illegal Dumping  General Issues and Objectives o These can be cultural, social, economic, etc.  As they relate to environmental laws and management o E.g. Workforce Development

6. Identifying Issues & Objectives  Specific or General  Current & Potential Env. Issues  Community Objectives for Resources  Methods for Identifying Issues & Obj:  Review Documents (e.g. ISWMP)  Community Surveys / Workshops  Discuss w/ Leaders, Staff, Supervisors, Partners, Stakeholders, etc.  Track Sources and List Findings  First opportunity to engage tribal community – USE IT WELL

7. Identifying Environmental Law Issues & Objectives GROUP ACTIVITY  Discuss and create list of:  Env Law Issues and Objectives  Options for Identifying Env Law Issues and Objectives  Share with class  My approach

8. Tribal Env Law Development Steps  Identify Environmental Issues and Objectives  Identify and Consider Enforcement Options and Capabilities  Also, identify and consider non-enforcement options and capabilities

9. Enforcing Tribal Env Laws  Consider Enforcement Options for Tribal Waste Laws  E.g. Penalties & Remedies  Consider Other Enforcement Alternatives  Including other legal and non-legal means o E.g. Community Education & Outreach

10. Enforcing Tribal Env Laws GROUP ACTIVITY  Discuss and List:  Options for Enforcing Tribal Env Laws  OTHER OPTIONS for addressing env issues that do not involve enforcement of Tribal Env Laws  Share with class  My approach

11. Tribal Env Law Development Steps  Identify Environmental Issues and Objectives  Identify and Consider Enforcement Options and Capabilities  Consider Available and Needed Tribal Resources

12. Implementing Tribal Env Laws Available & Needed Resources  Consider Available and Needed Resources for Implementation and Enforcement of Tribal Waste Laws  E.g. Funding, Enforcement Officers, etc.

13. Implementing Tribal Env Laws Available & Needed Resources GROUP ACTIVITY  Discuss and List:  Possible Available and Needed Resources for Implementing and Enforcing Tribal Env Laws  Options for identifying Available and Needed Resources for Implementing and Enforcing Tribal Env Laws  Share with the class  My approach (spreadsheet)

14. Tribal Env Law Development Steps  Identify Environmental Issues and Objectives  Identify and Consider Enforcement Options and Capabilities  Consider Available and Needed Tribal Resources  Review Tribal Constitution and other governing documents  Research and Review Similar Laws  Including and especially your own tribe’s laws  Prepare outline of draft code (continuously revising as needed)

15. Conducting Research Tribal Environmental Laws  Review Tribal Constitution and other governing laws/documents  Articles of Organization, Treaties, Tribal-State Compacts, etc.  Review Tribal Laws – from your own tribe  Look for Potential Conflicts, Model Language/Provisions/Sections, etc.  Review Similar Env Laws – from other tribes and municipalities  Models/Templates, Language, Provisions, Sections  Note relevance (contact other tribes/municipalities for feedback)  Tribal Env Law Development Resources Document  Maintain a Research Log for Initial Research (see worksheet)  Review Relevant Laws and Templates in Detail (see worksheet)

16. Conducting Research for Tribal Environmental Laws GROUP ACTIVITY – Tribal Env Law Topics Select 3+ Issues/Objectives to focus on for your Research and Review of model codes  At least 1 issue per tribe in each group  Share with the class  My approach

17. Conducting Research for Tribal Environmental Laws GROUP ACTIVITY Research Similar Environmental Laws for Applicable Provisions and Sections Using Online Resources and Track Findings in a Research Log (CITE YOUR SOURCES)  Begin preparing draft code outline (revise as you progress)  Identify and document at least 2 model codes that address each issue sufficiently you have selected  Record your findings, including the location and applicability of the model provisions, sections, and language  Document at least 4 model codes total  Feel free to evaluation other issues as they arise  Share research findings with the class  Talk about useful codes that you have found  Discuss other relevant learnings and findings

18. Tribal Env Law Development Steps  Identify Environmental Issues and Objectives  Identify and Consider Enforcement Options and Capabilities  Consider Available and Needed Tribal Resources  Review Tribal Constitution and other governing documents  Research and Review Similar Laws  Draft or Revise Tribal Waste Law

19. Drafting Your Tribal Env Law  Review Relevant Laws and Templates in Detail  Identify useful language, provisions, and sections  Cut and Paste Language, Provisions, and Sections into the Outline  The fewer models/templates you use the better  Edit language as needed  Review and Revise Drafts  Legal Review  Optional: Simultaneous research, review, and draft

20. Drafting Your Tribal Env Laws GROUP ACTIVITY Review the Most Useful and Applicable Laws, Templates, and Models that Address your Env Issues and Objectives (CITE YOUR SOURCES)  Compare the section/provision(s)/language from at least 2 different for each issue Cut and Paste the Best Language, Provisions, and Sections from your Research Findings into the Master Tribal Env Law Document Class Presentation – Each Group will present the model section, language, and provisions to the rest of the class, describing what they selected and why (and what they didn’t select and why).

21. Tribal Env Law Development Steps  Identify Environmental Issues and Objectives  Identify and Consider Enforcement Options and Capabilities  Consider Available and Needed Tribal Resources  Review Tribal Constitution and other governing documents  Research and Review Similar Laws  Draft or Revise Tribal Waste Law  Public Presentation & Review  Legal Review  Enact Tribal Waste Law

22. Thank You! Questions? jsimmons@prospersustainably.com (805) 694-8089 (office) / (805) 617-5685 (cell)