Comment Log Display

190 Klamath Blvd.  P.O. Box 1027  Klamath, CA  95548
Tel. 707.482.1350          Fax 707.482.1363
August 11, 2011


Dear California Air Resources Board:

This letter is in response to your notice for formal written
comments to your proposed cap and trade regulation changes.  First,
the Tribe commends the ARB on their thoughtful recognition of
tribal governments as Native sovereign nations.  The Yurok Tribe
appreciates the ARB’s efforts in including tribes in this
rulemaking process.

Our suggested revisions to the regulations are included as track
changes in the attached document and more fully explained in this
letter.  Specifically, we are adding language to Sections 95975
(l)(1) which states “irrespective of the form of relief sought,
whether monetary or otherwise with such forms of relief, whether
monetary or otherwise, which are acceptable to the ARB,” and
Section 95975 (l)(3) which states “with proof of federal
approval,or proof that federal approval is not required, of the
Tribe’s participation.” (strikethrough ARB’s language, underline
Tribe’s language)

Concerning our suggested revision to Section 95975(l)(3), the
Solicitor of the Department of the Interior has not provided a
formal opinion on the subject of federal approval of carbon sales
on tribal lands.   

Regarding our revision to Section 95975(l)(1), per California
Government Code Section 825 (a) which states “Nothing in this
section authorizes a public entity to pay that part of a claim or
judgment that is for punitive or exemplary damages.”  There are
similar provisions to protect the federal government and the state
of California.  It would be discriminatory to only have punitive
damages for Indian Tribes.  The Tribe’s proposed substitute
language under this section adequately allows the ARB to seek the
remedies which are necessary to robustly enforce your regulations.

Each Tribal carbon project is complex and will require a tailored
approach.

Thank you for considering our revisions.

Sincerely,




/s/John Corbett,
Senior Attorney