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WERBC Resolution
Division of Natural Resources - Concentrated Animal Feeding Operation Moratorium Extension
WHITE EARTH RESERVATION BUSINESS COMMITTEE
WHITE EARTH BAND OF CHIPEWA INDIANS
Resolution No. 057-25-003
WHEREAS, the White Earth Reservation Business Committee is the duly elected governing
body of the White Earth Reservation pursuant to Article VI, Section 1, of the
revised constitution of the Minnesota Chippewa Tribe, as amended, and
organized under Section 16, of the Act of June 18, 1934 (48 Stat. 984), and
WHEREAS, the White Earth Reservation Business Committee is the duly authorized
governing body of the White Earth Band, and
WHEREAS, the White Earth Reservation Business Committee adopted the White Earth
Reservation Environmental Code for the protection, management, enforcement
and enhancement of all natural resources within the Reservation boundaries
(Resolution No. 057-11-001). A copy of which is incorporated by reference, and
WHEREAS, the White Earth Reservation Business Committee established the White Earth
Division of Natural Resources (WEDNR) to protect, restore and regulate the
natural resources of the Band and its Band Members in order to ensure
environmental and human health and spiritual, cultural and economic
sustainability of the Band, and
WHEREAS, the White Earth Reservation Business Committee enacted Resolution No. 057-
057-23-006A (Technical Amendment), also known as "CAFO Moratorium," and
WHEREAS, the WEDNR continues to ensure interdisciplinary process of data collection,
review, analysis, and regulatory and technology development sufficient to
regulate CAFOs and AFO environmental hazards in a manner that protects White
Earth Nation's interests in human health, natural resource protection and
economic security, now
THEREFORE BE IT RESOLVED, that the White Earth Reservation Business Committee hereby
extends the CAFO Moratorium, Resolution No. 057-23-006A, for another 2 years from this date.
A O
We do hereby certify that the foregoing resolution was adopted by a vote of____ for,
against, ____ silent, a quorum being present at a regular meeting of the White Earth
Reservation Business Committee held on November 25, 2024 in Wahnerau,
Minnesota.
Kai
A. Fairbanks, Chairman
LaRoque*Sécretary/T
Michael LaRoque, Secretary/Treasurer


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Page 1 of 5
WERBC Resolution
Division of Natural Resources - Concentrated Animal Feeding Operation Moratorium (Technical Amendment)
WHITE EARTH RESERVATION BUSINESS COMMITTEE
WHITE EARTH BAND OF CHIPEWA INDIANS
Resolution No. 057-23-006A
Ordinance Imposing a Moratorium on Concentrated Animal Feeding Operation and Animal
Feedlot Operation Environmental Hazard Construction Inconsistent With Existing Activities
and Land Uses, And Expansion of Concentrated Animal Feeding Operation and Animal Feedlot
Operation Environmental Hazard Activities and Land Uses Pending the Study of Possible
Regulatory Action.
WHEREAS, the White Earth Reservation Business Committee is the duly elected governing
body of the White Earth Reservation pursuant to Article VI, Section 1, of the
revised constitution of the Minnesota Chippewa Tribe, as amended, and organized
under Section 16, of the Act of June 18, 1934 (48 Stat. 984), and
WHEREAS, the White Earth Reservation Business Committee is the duly authorized governing
body of the White Earth Band, and
WHEREAS, the White Earth Reservation Business Committee adopted the White Earth
Reservation, Environmental Code, including the Band's Zoning Code, for the
protection, management, enforcement and enhancement of all natural resources
within the Reservation boundaries (Resolution number 057-11-001). A copy of
which is incorporated by reference, and
WHEREAS, the White Earth Reservation Business Committee established the White Earth
Division of Natural Resources (WEDNR) to protect, restore and regulate the
natural resources of the Band and its Band Members in order to ensure
environmental and human health and spiritual, cultural and economic
sustainability of the Band, and
WHEREAS, the White Earth Reservation Business Committee defines Concentrated Animal
Feeding Operations ("CAFOs") as a facility at which (i) for not less than a total of
45 days in any 12-month period, animals are stabled or confined or fed or
maintained; (ii) crops, vegetation, forage growth, or postharvest residues are not
sustained in the normal growing season over any portion of the lot or facility and
(iii) not less than 700 mature dairy cows, 1,000 veal calves, 1,000 cattle other than
mature dairy cows or veal calves, 2,500 swine (each weighing not less than 55
pounds), 10,000 swine (each weighing not more than 55 pounds), 500 horses,
10,000 sheep or lambs, 55,000 turkeys, 30,000 laying hens/broilers, 125,000
chickens, 82,000 laying hens, or 5,000 ducks are present, and


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WERBC Resolution
Division of Natural Resources – Concentrated Animal Feeding Operation Moratorium (Technical Amendment)
WHEREAS, the White Earth Reservation Business Committee defines Animal Feedlot
Operations ("AFOs") as a lot or building or combination of lots and buildings
intended for the confined feeding, breeding, raising, or holding of animals and
specifically designed as a confinement area in which manure may accumulate, or
where the concentration of animals is such that a vegetative cover cannot be
maintained within the enclosure. Open lots used for the feeding and rearing of
poultry shall be considered to be animal feedlots, and
WHEREAS, the White Earth Reservation Business Committee identifies AFOs as environmental
hazards if (i) not less than 525 mature dairy cows, 750 veal calves, 750 cattle, 1,875
swine (each weighing not less than 55 pounds), 7,500 swine (each weighing not
more than 55 pounds), 375 horses, 7,500 sheep or lambs, 41,250 turkeys, 22,500
laying hens/broilers or 3,750 ducks are present and (ii) they present a potential or
immediate risk of pollution to or depletion of ground or surface water as
determined by a review or inspection undertaken by the WEDNR after taking into
consideration: the size of an animal feedlot or manure storage area, the amount
of water to be used, the amount of pollutants reaching or that may reach ground
or surface waters, the location of the animal feedlot or manure storage area
relative to ground and surface waters, the means of conveyance of animal manure
or process wastewater into ground or surface waters, and the slope, vegetation,
rainfall, and other factors affecting the likelihood or frequency of discharge of
animal manure or process wastewater into ground or surface water, and
the White Earth Reservation includes 530 lakes, 300 miles of rivers and streams,
167,878 acres of wetlands and substantial groundwater resources contained in
shallow, unconfined and deeper, layered aquifers, all of which are integral to the
economic security and the health and welfare of the Band, and
the WEDNR, working with relevant scientific and community experts, has
thoroughly analyzed and identified substantial individual and cumulative water
quality threats from the operation of CAFOs and AFO environmental hazards on
the White Earth Reservation including E.coli, dissolved oxygen, turbidity,
phosphorus and nitrogen environmental and impairments, and
WHEREAS, the WEDNR, working with relevant scientific and community experts, has
thoroughly analyzed and identified substantial individual and cumulative water
quantity threats including water table drawdown, residential and community
well-interference and surface waterbody drawdown, dissolved oxygen impairment and
temperature impairment from the operation of high-capacity water wells
associated with CAFOs and AFO environmental hazards on the White Earth
Reservation, and
WHEREAS, the WEDNR, working with relevant scientific and community experts, has analyzed
and identified substantial individual and cumulative air quality threats including
the emission of hazardous chemical gases such as ammonia, hydrogen sulfide and
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WERBC Resolution
Division of Natural Resources – Concentrated Animal Feeding Operation Moratorium (Technical Amendment)
methane from the operation of CAFOs and AFO environmental hazards on the
White Earth Reservation, and
WHEREAS, the WEDNR, working with relevant scientific and community experts, has analyzed
and identified substantial individual and cumulative human health threats
including cancer, brain damage, dizziness, headache, nausea, sore throats,
sinusitis, burning eyes, acute gastrointestinal illness, increased cardiovascular
mortality risk, anemia, kidney disease and septicemia from the operation of CAFOs
and AFO environmental hazards on the White Earth Reservation, and
WHEREAS, the WEDNR has identified that the individual and cumulative air, water and human
health threats from the operation of CAFOs and AFO environmental hazards on
the White Earth Reservation directly threaten the health, welfare, natural
resources, economic security and cultural continuity of the Band, and
WHEREAS, the Band possesses "inherent powers of a limited sovereignty which has never
been extinguished" and has plenary and exclusive power over its members and
territory subject only to limitations imposed by federal law, United States v.
Wheeler, 435 U.S. 313, 322-23 (1978); Worcester v. Georgia, 31 U.S. 515,555
(1832), and
with the establishment of the White Earth Reservation, the Band obtained federal
property rights to a sufficient quantity and quality of water to fulfill the purposes
of the reservation now and in the future, United States v. Winans, 198 U.S. 371
(1905), Winters v. United States, 207 U.S. 564 (1908), and
WHEREAS, the Band is entitled to sufficient quantity and quality of water in order to make
the reservation livable, enable tribal members to maintain customary ways of life
and permit tribal members to change and adopt to new ways of life, Arizona v.
California, 373 U.S. 546, 599 (1963); Menominee Tribe v. United States, 391 U.S.
404, 406 (1968); Winters v. United States, 207 U.S. 56, 577 (1908), and
WHEREAS, federal law provides that the Band "retain[s] inherent power to exercise civil
authority over the conduct of non-Indians on fee lands within its reservation when
that conduct threatens or has some direct effect on the political integrity, the
economic security, or the health or welfare of the tribe." Montana v. United
States, 450 U.S. 544, 565,66 (1981).
NOW, THEREFORE, in consideration of the above Recitals, which are incorporated herein by
reference, the White Earth Reservation Business Committee pursuant to the above referenced
authority, scientific and cultural review and recommendation of the WEDNR, and after reviewing
the materials in the record including scientific studies, news reports, violation data, testimony of
community members, testimony of organizations and reports of outside experts ordains as
follows:


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WERBC Resolution
Division of Natural Resources – Concentrated Animal Feeding Operation Moratorium (Technical Amendment)
Section 1—Title and Purpose:
1.1 Title. The title of this Ordinance is the White Earth Band of Minnesota Chippewa Indians’
Moratorium on Concentrated Animal Feeding Operation and Animal Feedlot Operation
Environmental Hazard Construction Inconsistent With Existing Activities and Land Uses,
And Expansion of Concentrated Animal Feeding Operation and Animal Feedlot
Environmental Hazard Operation Activities and Land Uses Pending the Study of Possible
Regulatory Action.
1.2 Purpose. The purpose of this moratorium is to allow the Band sufficient time to undertake an
interdisciplinary process of data collection, review, analysis and regulatory and technology
development sufficient to regulate CAFOs and AFO environmental hazards in a manner that
protects the Band’s core interests related to human health, natural resource protection and
economic security. A moratorium is necessary for the reasons set forth in the Recitals and
consistent with the findings made by the White Earth Reservation Business Committee, each
and all of which are incorporated herein by reference.
Section 2 - Authority:
2.1 The White Earth Reservation Business Committee relies on the authorities set forth in the
Recitals.
Section 3 - Moratorium Imposed:
3.1 For the duration of the Moratorium, the White Earth Reservation Business Committee
prohibits CAFO and AFO environmental hazard construction inconsistent with existing activities
and land use, changes in existing CAFO and AFO environmental hazard activities and land use,
and expansion of CAFOs and AFO environmental hazard existing activities and land uses within
the exterior boundaries of the White Earth Reservation.
Section 4 – Duration of the Moratorium:
4.1 The Moratorium shall be in effect for two years from the date of adoption, unless terminated
earlier or extended further by an ordinance duly adopted by the White Earth Reservation
Business Committee.
Section 5 – Action Anticipated During the Moratorium:
5.1 The White Earth Reservation Business Committee, working with the WEDNR and outside
experts, shall review the Band's Zoning Ordinances and conduct an interdisciplinary study of
water quality, water quantity, soil health, air, and environmental and human health impacts from
location of additional or expansion of existing CAFOs or AFO environmental hazards within the
exterior boundaries of the White Earth Reservation to develop appropriate regulatory controls
for such facilities. The White Earth Reservation Business Committee, working with the WEDNR
and outside experts, shall also work to develop priority protection areas based on identified
4


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Page 5 of 5
WERBC Resolution
Division of Natural Resources – Concentrated Animal Feeding Operation Moratorium (Technical Amendment)
natural resource concerns as well as Geographic Information Systems (GIS) tools to map and
evaluate risks and harms from the operation of CAFOs and AFO environmental hazards, including
manure land-spreading activities, within the exterior boundaries of the White Earth Reservation.
5.2 The White Earth Reservation Business Committee shall act upon recommendations from the
community, WEDNR and outside experts as deemed necessary to protect the public health and
welfare, natural resources and economic security of the Band.
5.3. The White Earth Reservation Business Committee shall take such action as it deems
appropriate to terminate or extend the Moratorium within two years of its passage.
Section 6 - Effective date:
6.1 This ordinance shall be effective at the time of its passage by the White Earth Reservation
Business Committee.
The White Earth Reservation Business Committee does hereby certify that the foregoing
resolution and ordinance was adopted by a vote of 4 for, 0 against, 0 silent, a
quorum being present at a meeting of the White Earth Reservation Business Committee held
on December 1, 2022 in White Earth, Minnesota.
Michael A. Fairbanks, Chairman
Michael LaRoque, Secretary/Treasurer