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Chapter 21.05 AIR QUALITY

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Authority: The air quality ordinance codified in this chapter regulating and controlling the discharges of pollutants into the air of the Yurok Indian Reservation (YIR) is established by the Yurok Tribal Council (Council) under the authority delegated to it by Article IV, Section 5 of the Constitution of the Yurok Tribe (Tribe), as ratified on November 19, 1993.

Article IV, Section 5 states in part “…the Yurok Tribal Council shall have the authority to enact legislation, rules and regulations not inconsistent with the Constitution to further the objectives of the Yurok Tribe as reflected in the Preamble to this Constitution, [and to] enact civil and criminal laws.”

Section 301 of the Clean Air Act, the Tribal Authority Rule, gives tribes the authority to be treated in the same manner as states to carry out the provisions of the Clean Air Act.

Section 302 of the Clean Air Act identifies that tribes, and the agencies of tribes, within the United States have the authority to act as air pollution control agencies.