18-21-103. PARTIES ENTITLED TO BRING ACTION UNDER THIS TITLE TO HALT ACTIVITIES THAT THREATEN RESERVATION BOUNDARIES.

1. Any person or other legal entity, including the Rosebud Sioux Indian Tribe, any of its political subdivisions, and the federal government, may maintain an action in Tribal Court for declaratory and equitable relief against any person or other legal entity for the protection of the air, water, land and other Reservation natural resources. This section shall not constitute a waiver of the sovereign immunity of the Rosebud Sioux Tribe or any of its subordinate entities as to any action for the protection of Reservation natural resources or land.
2. No action may be commenced under subsection (1) of this provision unless:
   1. Prior to filing his complaint, the plaintiff gives 60 days notice of the alleged harm or degradation to each of the following (i) the Director of Land and Use and Environment (or Water Resources if the alleged harm or degradation is to Reservation waters); (ii) the Commission; (iii) the Rosebud Sioux Indian Tribe; and (iv) the alleged violator;
   2. All proceedings before the Commission are final; and
   3. No enforcement proceedings have been initiated by the Commissioners or by the Directors.