TD8115H176
       HAZARDOUS WASTE SITES ON  INDIAN LANDS
                  Reoort to Conqress
             un:ler Section 126(c)  of  the
Comprehensive  Environmental Response,  Compensation
    and Liability Act of 1980,  as  amended by-the
Superfund Amendments and Reauthorization Act of
     Office of  Emergency and Remedial  Response
        U.S.  Environmental Protection  Agency
                    November 1987
                     U S. Environmental Protection Agency
                     Region 5 Library (PL-12J)
                     ^WeetJackeon Blvd., 12ft Floor
                     Chicago, IL 60604-3590

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                              CONTENTS
                                                                Paqe
1 .   INTRODUCTION 	    1




2 .   BACKGROUND 	    3




    2 . 1  The Suoerfund Program  	    3




    2.2  Superfun^ and Indian Lands 	    4




3.   STUDY OF HAZARDOUS WASTE SITE PROBLEMS ON INDIAN LANDS..     &




    3 . 1  Apnroach 	    6




    3.2  Overview of Findings 	    8




    3.3  Analysis of Findings 	  10




    3.4  Conclusions 	  12




4.   PROGRAM COMMITMENTS AMD RECOMMENDATIONS  	  15




    4. 1  Program Commitments 	  15




    4.2  Recommendations on Program Needs of Tribes 	  17




Appendix A:  Reservations Participating in CERT Study




Aonendix Br  CERT Questionnaire

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                          1.   INTRODUCTION



    Section 12G(c) of the Comprehensive Environmental Response,

Compensation,  and Liability Act of 1930,  as amended by the

Superfund Amendments and Reauthorization Act of 1986 (SARA),

is a new Section on Indian tribes, which includes the following

requirement:

        (c) Study.--The President shall conduct a survey,
    in consultation with the Indian tribes, to determine
    the extent oc hazardous waste sites on Indian lands.
    Such survey shall be included within a report which
    shall make recommendations on the orogram needs of
    tribes under this Act, with particular emphasis on
    how tribal oarticioation in the administration of
    such programs can be maximized.  Such report shall
    be submitted to Congress along with the President's
    bu-lget request for fiscal year 1938.

This report,  which was developed in consultation with the Bureau

of Indian Affairs, U.S. Deoartment o^ the Interior, is being

submitted to Congress by the U.S. Environmental Protection Agency

(EPA)  in fulfillment of this requirement.

     The report discusses a survey of hazardous waste sites on

Indian lands that provides an indication of the extent o^ the

problem.  The report also describes follow-up actions that EPA

will undertake to enhance tribal participation in further defining

this problem.   These follow-up actions will include an education

and outreach program to the tribes that should result in an in-

ventory of sites on Indian lands, and that will also provide a

mechanism for oractical responses to problems when they are

identi fied.

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    This reoort is based larqely on data from an ^PA-funded study

completed in July 1985 by the Council of Energy Resource Tribes

(CERT) in consultation with Indian tribes.1  The CERT study, as

explains 1 below,  was limited in scope and extended o.ily to a samole

o~ Indian lands located primarily near metropolitan areas.  Due to

the brieF time between the enactment of SARA in October, 1986 and

the date by which submittal of this report was required, EPA did

not feel it was oossible to conduct a new survey.

    The report is organized into four chapters.  Chaoter 2 provides

background on the Superfund program and explains the status accorded

Indian Lands under the Federal system.  Chapter 3 describes the

findings of the CERT study on the extent of the hazardous waste site

problem on Indian lands. Chapter 4 presents recommendations on

program needs of Indian tribes and commitments on the part of the

Agency to address those needs.
    ^Council of Energy Resource Tribes, "Inventory of Hazardous V'aste
Generators and Sites on Selected Indian Reservations," July 199?.

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                           2 .    ACKGROUND
    The Superfund orogram was established by th-s Comorehensive




Environmental -Response, Compensation, and Liability Act o^ 1980




(CERCLA).  CERCLA authorizes the government to r^siond to releases




of hazardous substances, oollutants, or contaminants that threaten




public health and the environment.  It also establishes a reim-




bursable fund,  based largely on special taxes, to finance such




response actions.  Although the Superfund orogram is commonly




associated with cleanups of abandoned toxic waste disposal sites,




CEPCLA authorizes a broad range of responses to any release of a




hazardous substance into the environment, including sudden soills




or discharges.   The enactment of the Superfund Amendments and




Reauthorization Act of  1986 (SARA) reauthorized the Superfuni




Drogram and amended the CERCLA authorities under which it operates.




    Primary responsibility for administering the Superfund pro-




gram at the Federal level is delegated to the U.S. Environmental




Protection Agency (EPA).  Under CERCLA, however, States may conduct




response actions in the place of the Federal Government.  States




are generally accorded,  an important role in any response action,




regardless of whether they conduct the action-  they must cover




a share of the cost of  the action, and they must provide certain




assurances regarding site maintenance and the availability of




off-site disposal facilities for hazardous substances.




    As the first step in identifying releases in neel of response,




EPA maintains an inventory of potential hazardous waste sites called

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the "Comprehensive Fnvi roma T-..H I Response, Compensation, and




Liability Information System"  (CERCLIS).   The CERCLIS inventory




is based on reports from State and local  officials, industry,




and the general public of sites where hazardous wastes may have




been disposed improperly, possibly presenting risks to human




health and the environment.   ^ach such report is checked by means




of a preliminary assessment of the site to determine whether follow-




un action is necessary.  Those sites that present relatively the




greatest hazards to public health and the environment are identified




as national oriorities and are eliaible for a full-scale remedial




response under Superfund.  There are, at present, some 27,000 sites




in CERCLIS, some of which are very likely to be located on Indian




land.  EPA is in the process of sorting the CERCLA data base to




determine the number and location of sites that are on or adjacent




to Indian lands.  At present,  five response activities are being




conducte 1 on or adjacent to known Indian lands.  As part of the




general public, Indian tribal members can report releases on Indian




lanls to the "hot line" number in the appropriate EPA regional office.






2 . 2  SUPERFUND_AND_INDI_AN_LANDS




    Indian tribes and Indian lands have special status in the United




States' Federal system.  Courts have generally characterized Indian




tribes as independent entities with inherent powers of self-government




subject only to the powers of Congress.  In consequence, while Federal




law applies to Indian lands, Indian lands are aenerally independent




of the regulatory Jurisdiction of the States within whose boundaries




they lie.

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     The majority of Indian lands today consist OF reservation

land held in trust for tribes by the Federal Government.  There

ara currently 278 Federal Indian reservations in the United

States, with a total population of about 362,000 persons, roughly

half of whoTi are Indians.  These reservations cover an area of

about 54 million acres, which is equal to the combined land area

of the Mew England States,  New Jersey, and Maryland.

     At present, about 39 million acres are held in trust by the

Federal Government for tribes; another 10 million acres are held

in trust by the Federal Government for individual Indians.2

     As enacted, CERCLA did not establish an explicit role for

Indian tribes in the Superfund program or define the status of

Indian lands with respect to Superfund actions.  Section 207 of

SARA, however, amended CERCLA to afford "the governing body of

an Indian tribe . . .   substantially the same treatment as a State"

in many respects under the Sunerfund program. -*  The status of

Indian tribes differs  from that of States principally in that

tribes are exempt from the statutory assurances required before

a Fund-financed remedial action can proceed.  As explained in
    ^Source:  Bureau of Indian Affairs, Department of the Interior
Data are- as of December 1985 .
           CERCLA Section 12S, as amended, Indian lands cannot
be strictly equated with reservation lands.  For example, an
Indian tribe may own land outside the exterior boundaries of
its reservation.  Moreover,  the Federal public lands which
Alaska native villages are entitled to select pursuant to the
Alaska Native Claims Settlement Act (Act of December 13, 1971,
35 stat. 688, 43 USC Section 1601, at seq. (1986)), and which,
in fact, have been selected,  do not constitute reservation lands.
The report discusses reservations rather than Indian lands be-
cause there is no data available on Indian lands oer se.

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Chapter 4 below, EPA has developed ooLicies and procedures to




clarify the role accorded Indian tribes under these new authorities




and to assist Indian tribes in participating in the Superfund



program.

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3-   STUDY OF HAZARDOUS WASTE SITE PROBLEMS ON INDIAN LANDS




     This chapter of the renort presents the findings of the




Council of Energy Resource Tribes (CERT) study of 25 reserva-




tions,  supplemented by data from additional sources, to provide




an indication of the possible numbers of hazardous waste sites




presenting risks to public health and the environment on Indian




lands.




3 . 1  APPROACH




     Because time did not permit conducting a new survey,  available




data had to be used to fulfill the Congressional directive to




•determine the extent of hazardous waste sites on Indian lands.




The only national survey specifically of hazardous waste sites




on Indian lands is the Council of Energy Resource Tribes (CERT)




study,  "Inventory of Hazardous Waste Generators and Sites on




Selected Indian Reservations."  As noted, this study is not




comprehensive, an~l there are substantial gaps in its data.




Several additional sources were tapped to supplement, to the




extent possible, the CERT study.




    Completed in July 19S5 and funded by EPA, the CERT study




orovides data on the number of hazardous waste generators and




disposal sites on a sample of 25 Indian reservations located near




metropolitan areas.4  These reservations are dispersed throughout




the continental United States and intended to be representative.




Detailed hazardous waste questionnaires were sent to the 25
    •^Appendix A contains a list of these reservations.

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reservations selected by CF.RT (see Appendix A) r  written or verbal

responses were received from each.  To heighten understanding of

the purnose of the study an1 of hazardous waste issues in general,

CERT formed a tribal working group that consisted of representatives

of the participating tribes.  This group met for a two-day workshop

orior to the distribution of the questionnaire.   The members of the

tribal workgroup were responsible for obtaining responses to the

questionnaire for their respective reservations.  Some Indian tribes

thus were directly involved in conducting this study.

    The questionnaires requested information on the following topics:

        o   The general oerceptions of the tribe about
            hazardous waste issues on the reservation:

        o   The identity and a description of each known
            or suspected hazardous waste storage or
            disposal site on or near the reservation; and

        o   The identity and a description of each
            hazardous waste generator on or near the
            reservation.

     Additional data for the CERT study were obtained from EPA's

CERCLIS data base, as well as from EPA's data base of hazardous

waste generators and treatment, storage, or disposal facilities

with interim regulatory status under the Resource Conservation and

Recovery Act (RCRA).

     Only limited data were available to supplement those in the CERT

study.  One source consulted was the "Survey of American Indi an

Environmental Protection Needs on Reservation Lands: 1986,"^
     ^Office of Federal Activities, U.S. Environmental °rotection
Agency, "Survey of .American Indian Environmental Protection JTeeds
on Reservation Lands:  1986," prepared by Americans  for Indian
Opportunity, September 1986.

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prepared by Americans for Indian Opportunity with FPA fundina.

This survey is a general assessment of multi-media environmental

protection needs on Federal Indian reservations; it provides some

data on notential abandoned hazardous waste sites at 48 Indian

reservations throughout the country.

     To aid in interpreting these data sources, interviews were

held, in person or by telephone, with the author of the CFRT study,

officials in the Department of the Interior's Bureau of Indian

Affairs, and several representatives of Indian tribes.

3.2  OVERVI_EW_OF_FINDINGS

     The CERT study reported a total of 1,196 hazardous waste

generator, storage, and disposal sites on or near the 25

reservations included in the survey.  Of the 1,196 sites, 65 are

actually on Indian reservations (as explained more fully below,

the renorts in the CERT data base include sites near, but not on,

reservations).  Over half of the reported sites are derived from

an EPA data base of facilities subject to regulation under the

Resource Conservation and Recovery Act (RCRA).  A sizeable fraction

(467) of the sites are already included in CERCLIS, EPA's inventory

of potential hazardous waste sites due for assessment under Superfund.

     Six of the 1,196 potential sites identified in the CERT study

were judged by CERT as clearly requiring prompt investigation:

        o   Fort Howard Lagoons:  waste disposal lagoons
            on or near the Oneida Reservation in Wisconsin.

        o   Old Town of Oneida Landfill:  an abandoned
            general use landfill located on the Oneida
            Reservation in Wisconsin.

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        o   Abandonee) Asbestos Mines and Tailings (San
            Carlos):  open mines and tailings piles on the
            San Carlos Anache Reservation in Arizona-

        o   Abandoned Asbestos Mines and Tailings (White
            Mountain):  open nines and tailings piles on
            the White Mountain Apache Reservation in
            Arizona.

        o   Raub Dump Site:  an unlicensed dumn covering
            two acres on the Fort Berthold Reservation of
            the Three Affiliated Tribes in North Dakota.

        o   Masonite/Mescat Site:  soil contamination at
            the site of an abandoned forest products plant
            on the Hoopa Valley Reservation in California.

     EPA has already assessed three of these sites:  Ft. Howard,

Raub Dump Site, and Masonite/Mescat.  A follow-up investigation

is scheduled at Ft. Howard; a cleanup action will soon be conducted

at the Raub Durnp Site.  Preliminary assessments will be completed

on the San Carlos, White Mountain, and Old Oneida Landfill sites

before January 19RQ.

    The Denartment of the Interior's Bureau of Indian Affairs (BIA)

  confirms that there are potential hazardous waste sites on other

  Indian lands.  BIA has identified 34 potential sites where the

  oresence of hazardous substances is suspected and investigation

  is needed.  Twenty-four of these sites are on reservations not

  included in the CERT study.  BIA is nerforming 14 preliminary

  assessments and three follow-up site inspections at these sites

  in FY 1987.  In addition, there are five sites on or near Indian

  lands on the National Priorities List (NPL) where Superfund financed

  activities are being conducted.^
       ^These five sites are Commencement Bay, W°L; United Nuclear, MM:
  Tar Creek, OK: Tucson Airport, AZ; and Celtor Chemical Works, CA.

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 3.3  ANALYSIS_OF_FINDINGS




    Although it is impossible,  prior to further investigation,




to determine the precise number of hazardous waste sites requiring




resoonse on the 25 reservations in the CERT study, it is certain




that this number will be much smaller than the 1,196 reports  in




the study.  Nationwide exnerience with the Superfund program over




the past six years suggests that many reported potential hazardous




waste sites have not, in reality, experienced releases of hazardous




substances threatening public health and the environment.  Sometime:




the wastes at a reported site are found upon investigation not to




be hazardous.  In other cases,  hazardous substances at the site




have not been released into the environment.  In August 1987, EPA's




CERCLIS inventory included approximately 27,000 reports of potentiaJ




hazardous waste sites. 7  Preliminary assessments have been conducted




on 22,800 of these sites to determine whether a follow-up site in-




spection and, possibly, a response action was necessary.  Altogether




over the past six years, about two-thirds of the preliminary  assess-




ments of reported sites on the CERCLIS inventory concluded that the




site did not present risks to public health and the environment and




did not need follow-up investigation.  Based on previous experience,




the Agency expects perhaps 10 percent of all sites entered into




CERCLIS to be listed on the NPL.
    "^Source:  Office of Emergency and Remedial Response, U.S.




Environmental Protection Agency.

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    There are,  in addition,  several considerations specific to the




CERT study sugqesting that the numbt3r of potential hazardous waste




sites on the 25 reservations is far lower than 1,1^6.  The CERT




data include not only sites  that are on Indian lands, hut also .sites




that are near reservations (i.e.,  within 25 miles of a reservation,




or in a bordering county).  Sixty-five of the reported sites are




identified as being on reservation land; 30 sites are off but near




the reservation (same county); 263 reported sites are not on reser-




vation land or in the sane county.  Ninety-eight sites are on former




reservation lands in and around Tulsa, Oklahoma.  The location of




the remaining sites is not indicated.




     The CERT study includes reports of releases from operating




hazardous waste storage or disposal facilities.  These facilities




are subject to regulation under the Resource Conservation and




Recovery Act (RCRA) and must meet RCRA standards to continue in




operation.  Investigations of RCRA-regulated facilities to deter-




mine whether releases have occurred are normally conducted under




the RCRA program.  If a release of hazardous substances occurs at




RCRA facility,  the owner or operator win be required to take cor-




rective action under RCRA authorities.  CERCLA response will not be




necessary unless the owner or operator is unwilling or incapable of




taking proper action.  Consequently, even if a release of hazardous




substances is confirmed and a response of some type is required, the




site would not usually become the responsibility of the Suoer^und




program.




     The CERT questionnaire (see Appendix 3) asked whether a reported




site is active or inactive.   Active sites are more likely to be

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subject to RCRA regulations.  Although the status of 675 sites was



not indicated in the reports,  465 sites were identified as active




waste generator, storage,  or disposal facilities.  Fifty-six of the




rsoorte^ sites were.identified as inactive.  Thus,  between 56 and




731 of the sites are inactive.  In light of this factor alone, they




may be candidates for follow-up investigation under the Superfund




program.  Twenty-four of the inactive sites were reported to be on




reservations; whether the other inactive sites were on or near a




reservation was not indicated.




     The CERT study also asked whether a site was a generator of




hazardous waste, a storage facility, a disposal facility, or a




facility at which more than one of these operations took place.




Disposal facilities -- especially inactive ones -- may be regarded




as the most likely sources of releases of hazardous substances.




Over 50 percent -- 619 -- of the reported sites were identified




as generators or facilities that combine generation with other




operations.  Of the remaining 577 reports, 498 did not indicate




the operations that took place at the site.  Seventy-nine sites,




however, were identified as storage or disposal facilities or




facilities that combine these operations (including waste treatment).




Fifty-three of these 79 sites were identified as facilities solely




for waste disposal.  Of these 53, 12 were clearly identified as in_




active and located on a reservation.




     It is possible that some releases reported in the CERT study nay




be addressed unler the Uranium Mill Tailings Radiation Control Act




of 1973 or the Surface Mining Control and Reclamation Act of 1977.

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Determi.nat.ion of whether cleanup of a site can be conducted under




laws other than Super-fund is done on a case-by-cans basis.  It is




possible that such determinations would further reduce the number




of sites that would be addressed under Superfund authorities.




3.4  CONCLUSIONS




    The range of the estimates of possible sites discussed above




is, of course, very large.  Data from supplemental sources, in-




cluding discussions with the CERT study researchers,  however,




suggest that the number of potential hazardous waste sites on




these 25 reservations may lie, in reality, at the lower end of




the range.




     The survey of American Indian environmental protection needs




conducted by Americans for Indian Opportunity (AIO) includes some




information on abandoned hazardous waste sites on reservations,




although the questions on hazardous waste in this survey relate




primarily to the management of wastes currently being generated.




Of the 43 reservations included in the AIO survey, 15 were also




included in the CERT study.  The numbers of hazardous waste sites




on these reservations indicated by the AIO survey are far smaller



than the numbers indicated by the CERT study.  For example, the




CERT study identified 38 hazardous waste generators or sites on




or near the Menominee Reservation.  The AIO survey does not indi-




cate the presence of any abandoned hazardous waste sites on the




Menominae Reservation.  For the Oneida Reservation, the CERT study




included 176 reports of hazardous waste generators or sites.




The AIO survey, however, identifies only three abandoned sites.




(Included is the Old Town of Oneida Landfill, which the CERT

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study identified as requiring nromnt investigation).




     Representatives of Indian tribes interviewed by telephone




during the preparation of this report also sugqest that the lower




ends of the CERT data ranges may be most realistic.   According to




a representative of the Fort Berthold Reservation, for example,




it is unlikely that there are any remaining hazardous waste sites




in need of response on this reservation, although two sites were




previously discoverer! and cleaned up.  The CERT study, however,




identified seven generators or sites on the Fort Berthold Reserva-




tion and an additional eight nearby.




    In summary,  the number of potential hazardous waste sites




requiring investigation on the 25 reservations included in the




CERT study is likely to be smaller than 1,196 because the study




included active  facilities as well as sites or facilities located




off reservation  lands.  Also, national experience over the past




six years indicates that a number of the potential sites nay be




found, upon investigation, not to be sources of releases threat-




ening public health and the environment.  The CERT study clearly




indicates, however, that there are potential sites in need of as-




sessment on the  25 reservations included in the study, which are




but a fraction of the 273 Federal Indian reservations.  To these




sites must be added the possibility of accidental spills or




other unanticipated releases of hazardous substances, a major




aspect of the nation's hazardous waste problem not reflected in




study data.  Most important, study data on numbers of sites do not




indicate the magnitude of the risks that any one site may present to




nub Lie health and the environment.   In addition, should the results

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of EPA's outreach program show the magnitude of the hazardous waste




problems on Indian lands to he greater than currently assumed, EPA




will work to ensure adequate and proTint response actions are under-




taken .

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           4.   PROGRAM_COMMITMENTS_AND_RFCOMMENDATiqNS




    In accordance with new authorities under SARA,  EPA's Superfund




program has been develoning policies and procedures to maximize the




participation of Indian tribes and to ensure that hazardous waste




site problems on Indian lands are remedied.  These ooiicies and




procedures represent commitments on the part of the Agency.  This




chapter discusses Superfund program commitments relating to Indian




lands anl, on that basis,  offers recommendations on the program need




of Indian tribes.




4.1  £ROGRAM_CqMM^TMENTS




    Policies and procedures for implementing the Superfund program




are presented in the National. Oil and Hazardous Substances Pollution




Contingency Plan (NCP) (40 CFR Part 300).  EPA will soon publish




revisions to the NCP to reflect SARA authorities.  Three' of the




forthcoming revisions are of special relevance to addressing




hazardous waste site problems on Indian lands: (1)  a new definition




of "State," (2) revisions concerning the applicability of Subpart




F of the National Contingency Plan to Indian tribal governments,




and (3) revisions concerning the designation of trustees for




natural resources.  Each is described below.




    Inclusion of Indian Tribes in Definition_of "State".  Section




126 of CERCLA, as amended by SARA, requires the governing body of




an Indian tribe to be accorded the same treatment as a State with




respect to certain provisions of CERCLA.  Accordingly, the defini-




tion of "State" in the NCP is being revised to include Indian tribes




The requirements for Indian tribes that wish to be treated as States




are explained.

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                 ^^        F of the National ^Contingency _Pj:an
          toIndianTribal
     SARA authorizes EPA to interact with Indian tribes directly

and to enter into cooperative agreements as we do with States.

To demonstrate equivalency with States,  an Indian tribal government

must document that it:

        o   Is Federally recognized;

        o   Has a tribal governing body that is currently
            performing governmental functions to promote the
            health,  safety, and welfare of the affected
            population within a defined geographic area;

        o   Demonstrates an ability to carry out "any or all"
            response actions (with the exception of criminal
            actions) that it seeks to perform "in accordance
            with the criteria and priorities" established by
            the NfCP (pursuant to section 105(a)(8) of CERCLA) r

        o   Demonstrates that the functions to be performed
            for Fund-financed response actions are within the
            scope of its jurisdiction? and,

        o   Demonstrates acceptable ability to effectively
            administer a cooperative agreement by the existence
            of the anpropriate management and technical skills;
            by a history of successful managerial performance
            of public health/environmental programs; and by
            acceptable accounting and procurement procedures
            (meets the requirements of 40 CFR Parts 30 and 33).

     The requirements for Indian tribal government equivalency

     are consistent with those in other EPA programs including

the Safe Drinking Water Act and those required of all recipients

of Federal funds.

    If Federally recognized Indian tribes can demonstrate that

they satisfy all the equivalency to State requirements, EPA can

enter into coooerative agreements with such tribes to undertake

pre-remed ial or remedial response actions at sites that are

within their juris fictional boundaries.

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    At a minimum, Federally recognized Indian tribal governments




that are unable to meet the equivalency requirements for procure-




nent (40 CFR 33) may be provided CERCLA funds via a cooperative




agreement to defray • their expenses for management assistance




that includes coordination and involvement during Federal-lead




response.




    Superfund monies  are used to support CERCLA activities and




cannot be used to develop a recipient's capabilities for eligi-




bility for cooperative agreements.  At such time as the NCP




revisions are proposed, EPA will provide guidance to its regional




offices regarding the involvement of Indian tribal governments in




Superfund activities.




    Designation of Trustees for Natural Resources.  The amendments




to CERCLA authorize an Indian tribe to bring an action for injury




to, destruction of, or loss of natural resources, belonging to,




manaqed by, controlled by, or appertaining to the tribe.  As ex-




plained in the MCP revisions, when the United States acts on behalf




of a tribe, the Secretary of the Interior will function as the truste




of those natural resources.



4.2  RECOMMENDATIONS ON PROGRAM NEEDS




    In light of the policies and procedures explained above, the




following recommendations are offered to meet the Superfund program




needs of Indian tribes.




    1 •  EPA will ojffer to^eligible tribes the opportunity to




participate in arrangements to manage, or assist in the_management_




of, Superfund response actions.  Such arrangements include




cooperative agreements for pre-remadial activities, remedial

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actions, or both, as described above.  EPA is already engaged in




discussions with one tribal government to evaluate the feasibility




of negotiating cooperative agreements.




    2.  For tribes without appropriate capabilities and/or




lacking a sufficient number of sites to make a cooperative agree-




ment cost-effective for both parties, EPA will conduct preliminary




assessments and ,_ if neeessary,  site	inspections of potential




s_ites_o_n_IndjLan lands_us_ing _its own resources.  SARA requires a




preliminary assessment by January 1, 1988, of every potential




hazardous waste site in the CERCLIS inventory as of the date of




enactment.  Accordingly, every site on Indian lands listed in




CERCLIS at that time will receive a preliminary assessment by




the end of 1987.  Included are the 467 potential sites reported




in the CERT study that were already listed in the CERCLIS




inventory.  Any site on Indian land added to CERCLIS after the




enactment of SARA will be assessed within one year of being




listed in CERCLIS.




    As the numbers of potential hazardous waste sites on




individual reservations may not be sufficiently great to exnect




each tribe to develop the technical expertise to conduct




preliminary assessments and site inspections, EPA has in place




the contractual mechanisms and the in-house expertise to conduct




preliminary assessments.  Consequently, EPA can conduct these




assessments promptly and efficiently and will do so, unless  (a)




a Federally recognized tribe has a sufficient number of sites




on its lands and nossesses the equivalent capabilities to conduct




preliminary assessments of sites on  its lands, or (b) the Indian

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Services is willing and able to conduct the assessments, or




(c) the Bureau of Indian Affairs plans to conduct a preliminary




assessment or inspection of a site.  EPA will depend upon tribes,




however, to report ootential sites in need of assessment.




    3.  |;EA_w^l^_larj:re^_r^y^n_ex^t:u2C[_ Federal resources jto




plan and to conduct response actions on Indian lands.  As noted




earlier, the numbers of potential hazardous waste sites on Indian




lands may not be sufficiently great to expect all tribes to




develop resnonse capabilities.  Also, States cannot be expected.




to conduct response actions where they lack jurisdiction.  Thus,




FPA will rely on its existing response infrastructure to plan




and conduct response actions, consistent with authorities in




CERCLA, as amended.  As provided for in the revised NCP, however,




Federally recognized tribal governments that are willing and




have been determined to possess the required equivalent capabilities




may be awarded cooperative agreements to take the lead in conducting




response actions on their lands.




    ^ •  Through education and outreach programs ,	^P-^wi^J^hei^hten




tribal understanding and awareness of hazardous waste site problems




and provide information on tribal participation _in__the_Superf und




progjram.  Working with the Bureau of Indian Affairs, EPA will con-




duct regional workshops with representatives of Indian tribes to




acquaint them with potential sources of assistance  in dealing with




environmental problems.  In addition, through its regional offices,




the Agency will provide technical assistance to Indian tribes-




These programs will aid Indian tribes in identifying potential




hazardous waste sites  in need of assessment.  They  will also

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                             -22-


provide information and assistance for reoorting future sites,

with the goal of securing prompt response whenever a problem is

confirmed.

    Accordingly, EPA will, within one year,  mail information

packages to all Indian tribes.  These packages will contain:

        0   A description and format of the minimum
            information needed by EPA to enter sites into
            CERCLIS;

        0   A description of the listing and priority setting
            procedures to be applied to the information when it
            is received by EPA;  and

        0   An EPA contact with mailing address (for each
            tribe) who will coordinate the distribution of
            information and provide status reports.

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                  APPENDIX A

   RESERVATIONS PARTICIPATING IN CERT SURVEY
 Reservation

 1 .  Cherokee
 2.  Ft.  Belknap
 3.  Ft.  Berthold
 4.  Ft.  Hall
 5.  Ft.  Peck
 6.  Hoopa Valley
 7.  Laguna
 8.  Nooksack
 9.  Menominee
10.  Mississippi Choctaw
11.  Morongo
12.  Navajo
13.  Nez  Perce
14.  Northern Cheyenne
IS.  Oneida
16.  Passamaquoddy
17.  Quapaw
18 .  Rincon
19.  San  Carlos
20.  Seminole
21.  Seneca
22.  Skull Valley
23.  Spokane
24.  Winnebago
25.  White Mt.  Apache
 State

 Oklahoma
 Montana
 North Dakota
 Idaho
 Montana
 California
 New Mexico
 Washington
 Wisconsin
 Mississippi
 Cali fornia
 Arizona
 Idaho
 Montana
 Wisconsin
 Maine
 Oklahoma
 California
 Arizona
 Florida
 New York
 Utah
 Washington
 Nebraska
Arizona

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                                APPENDIX B
                 INDIAN LANDS HAZARDOUS WASTE INVENTORY
                              L OeaenJ hfbraatioa
                  Trlbei
                  Contact Person:_
                  Address)
                  Telephone:_
                  Date:
Please cheek the appropriate box to Identify any potential hazardous waste on or near
    reservation.
2.   Active hazardous waste disposal or storage sites
Yes
 D
No
a
2.  Inactive or abandoned hazardous waste disposal
    or storage sites
           a
3*  Hazardous wastes from mining, milling or drilling

4.  Industrial, agricultural, or other generators
    of hazardous wastes
 a        a
 a        a
5.  Disposal of wastes from off-reservation
    generators/haulers
           D
6.  Transportation of hazardous wastes across
    tribal land
7.  Other
  D
 D
Pleas* enclose a  map of the reservation showing  the approximate location of any
potential problem  area.  On the map locate each hazardous  waste disposal or storage
area and hazardous waste generator.
Complete and attach  an appropriate form for each disposal site  or waste generation
facility.

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               IL Hazardous Waste Storage or Disposal Site Description


Some waste disposal sites having potential to cause health and environmental damage are

visible and obvious.  Many waste handling and disposal practices are not obvious, but can

be equally harmful if not properly managed. Please complete this brief description of

each storage or disposal facility on or near the reservation.
A.  Site designation
B.  Is this site on or off the reservation?_


C.  Is this an operating or closed site?
D.  Kind of storage or disposal activity_
    (Examples:  Active landfill/dump; storage tanks for chemicals, fertilizers, fuels, etc;
    disposal site for 55-gaL drums; mining waste deposit;  unauthorized dump area, etc.)


E,  Estimate size of storage or disposal area	


F.  Kinds of wastes which may be present	
    (Examples: chemicals/solvents;  mine tailings/silver; industrial sludge/still bottoms;
    waste pesticides/DDT; etc.)
G.  If tanks or drums are present, please estimate number_


H.  Known or suspected sources of wastes	


L   Your recommendation for action 	
    (Examples:  requires immediate clean-up:  needs professional study; action already
    underway; not an immediate problem, etc.;
J.  Further description or comments
Please use the back of this form for additional comments.

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r                                     n*L Hazardous Waste Generation Facility
               Hazardous wastes are a by-product of m*nv necessary activities.  Although we quickly

               think of chemical wastes (dioxin, PCB, etc.), most hazardous wastes originate from other

               activities.   Several common sources that generate  hazardous waste are listed below.

               Please complete this brief description for each potential source of hazardous waste on or

               near the reservation.
               A.  Facility designation
               B.  Is this facility on or off the reservation?_


               C.  Is this an operating or closed facility?
               D.  Nature of hazardous waste generating facility        	
                   (Examples:    mining  operations;  milling  operations,  pesticide  formulation  or
                   packaging; textiles industry; leather tanning & finishing; wood and timber treating;
                   metal finishing; chemicals industry,  etc.)
               E.  Description of wastes
                   (Please provide any known Information on the quantity and characteristics of waste
                   substances being generated.)
               F.  How are/were wastes disposed of?
                   (Examples:  On-site landfill; on-site incinerator; hauled  elsewhere on reservation;
                   hauled to disposal site off the reservation, etc.)


               G.  Additional information regarding this facility which generates potentially hazardous
                   wastes  	   	    	                	              	
               Please use the back of this form for additional comments.

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                         HUE
U.S. Environmental Protection Agency         ^                                                   A
Region 5 Library (PL-12J)                                                                         1
77 West Jackson Blvd., 12th Floor
Chicago, IL 60604-3590

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