21.30.050 Scope.
(a) The provisions of this chapter shall apply to all proposed operations within the Yurok Reservation, subject to exemptions listed in subsections (b) and (c) of this section, including but not limited to:
(1) Surface and subsurface removal of mineral resources, overburden, rock, or soil, including removal of previously processed rock or mineral resources and quarry operations (borrow pitting) for road surfacing or other uses;
(2) All prospecting activities involving removal of soil or rock material, including operations involving the reopening of existing mine pits, tunnels, or quarries;
(3) The production and disposal of mining waste;
(4) Sand and gravel operations, including removal of previously processed sand or gravel; and
(5) Any operation with potential to affect a tributary or river bed or tributary or river flow, ground or surface water quality, or fishery, cultural, or ceremonial values.
(b) The provisions of this chapter do not apply to operations for personal use that are categorically exempt pursuant to YTC 21.30.090(a).
(c) Certain projects may be exempted from the requirements of this chapter if the Committee determines that no adverse environmental effects will occur due to the limited size or scale of a proposed project. Such exemptions may include but are not limited to:
(1) Excavations or grading conducted for forestry and farming, or on-site construction, or for the purpose of restoring land following a flood or natural disaster as declared by Council.
(2) Such other mining, extraction or excavation operations that the Committee and Council determine to be of an infrequent nature or insignificant impact, and which involve only minor surface disturbances.
(3) Certain aspects of specific projects after review by the Committee, granted by the Committee on a rational basis pursuant to YTC 21.30.070, and as determined on a project-by-project basis.
(4) Yurok Roads Department activities involving removal of loose material or failed road surface within the road prism or reasonably related to prevention of road failure in all emergency situations and such activities for preventative maintenance if the Department requests an exemption from the Committee, stating the reasons for the request.
(d) This chapter applies to the Tribe in the same manner and to the same extent as any other person. Notwithstanding any other provisions in this chapter, Council retains full authority to conduct mining in tributaries and to waive any fees, costs, or expenses otherwise required of the Tribe under this chapter.
(e) Nothing in this chapter justifies the taking of private property in violation of the Indian Civil Rights Act, 25 U.S.C. § 1302, or other federal law.
(f) For fee simple properties owned by non-Yurok Tribal members, the applicant maintains responsibility for acquiring any permit required under local or state law. For lands held in trust by the United States, the applicant maintains responsibility for acquiring any permit required under federal law. [Ord. 27 § 6005, adopted, 6/27/2012.]