UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                  WASHINGTON, D.C.  20460

                                      MAR  1  41994

MEMORANDUM

SUBJECT: ixEPA Indian Policy                                         THE ADMINISTRATOR

TO:         All Employees
       In 1984, EPA became the first Federal agency to adopt a formal Indian Policy (copy
attached).  EPA is proud of that Policy, which has provided the framework for our
developing partnership with Tribes.  Since 1984 Agency programs have changed and several
of our statutes have been amended to address Tribal needs.  Nevertheless,  the core principle
of the Policy, a commitment to working with Federally recognized tribes on a government-
to-government basis to enhance environmental protection,  has been reaffirmed by President
Clinton and remains the cornerstone of EPA's Indian program.  Accordingly, therefore, I
formally reaffirm the EPA Indian Policy.
       The challenge for EPA today is to implement its Policy effectively.  Previous
administrations have addressed implementation, both in a 1984 Policy Implementation
Guidance and a 1991 Concept Paper. We must now update and strengthen these documents
and our implementation programs to reflect the goals and values of our long-term vision and
strategic agenda.  A key element for successfully implementing the Indian Policy must be a
commitment to fully institutionalize the Policy into the Agency's planning and management
activities.

       On March 7, Martha Prothro, formerly Deputy Assistant Administrator for Water,
joined my staff to assist in developing our Tribal Programs.  I have asked Martha and Bill
Yellowtail, Regional Administrator,  EPA Region VUt, to form a team of Agency leaders to
make recommendations on EPA/Tribal relations and the implementation of the Policy.  The
work of this group  should help the Agency develop the best structure and adopt the best
strategies for implementing the goals of the Policy. The team will work with Tribal
representatives, including the Tribal Operations Committee and others,  in drafting new
implementation guidance.  This guidance will provide a blueprint for transforming the
Policy's vision into a reality for federally recognized Indian Tribes, including Alaskan
Tribes.

       This is an exciting opportunity for us to develop a stronger partnership with Tribal
governments in protecting the environment.  I ask all of you to help make this effort a great
success.
                                               Carol M. Browner
 Attachment
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                                                                  11/8/84
           EPA POLICY FOR THE ADMINISTRATION OF ENVIRONMENTAL
                      PROGRAMS ON INDIAN RESERVATIONS
INTRODUCTION


     The President  published  a  Federal  Indian Policy  on  January 24, 1983,
supporting the  primary  role  of  Tribal  Governments  in  matters  affecting
American Indian  reservations.  That  policy  stressed  two  related  themes:
(1) that  the  Federal  Government  will   pursue   the   principle  of  Indian
"self-government" and  (2) that it will work directly with Tribal
Governments on a "government-to-government" basis.

     The Environmental Protection Agency  (EPA)  has previously issued general
statements of  policy  which  recognize the  importance  of Tribal  Governments
in regulatory  activities that impact reservation environments.   It  is the
purpose of this  statement to  consolidate  and  expand on existing EPA Indian
Policy statements  in  a manner consistent  with the overall Federal position
in support of  Tribal  "self-government" and "government-to-government" rela-
tions between  Federal  and  Tribal  Governments.  This  statement  sets forth
the principles that will  guide the Agency  in dealing with  Tribal Governments
and in responding  to  the problems  of environmental  management  on American
Indian reservations in order to protect human health  and the  environment.
The Policy is  intended to provide guidance for EPA program managers in the
conduct of  the  Agency's  congressionally  mandated responsibilities.   As
such, it  applies to  EPA only  and  does  not   articulate  policy  for other
Agencies in the  conduct of  their respective responsibilities.

     It is  important   to  emphasize that  the  implementation of  regulatory
programs which will realize the*,  principles  on  Indian Reservations cannot
be accomplished  immediately.  Effective  implementation will take  careful
and conscientious work ty  EPA,  the Tribes  and many others.  In  many cas.es,
it will require changes in applicable statutory authorities and regulations.
It will be  necessary   co  proceed  in  a  carefully   phased way, to learn  from
successes and  failures,  and to  gain experience.   Nonetheless,  by beginning
work on the priority proolems that exist now and continuing in the direction
established urraer these principles,  over time  we  can significantly enhance
environmental  quality  on reservation lands.

POLICY

     In carrying  out  our  responsibilities  on   Indian  reservations,  the
fundamental  objective  of the Environmental Protection  Agency Is to protect
human health and the  environment.  The  keynote  of this effort  will  be to
give special   consideration  to  Tribal  interests   in making  Agency  policy,
and to  insure  the  close  involvement   of Tribal   Governments   in  making
decisions and  managing environmental  programs affecting  reservation lands.
To meet this  objective,  the  Agency will  pursue  the  following principles:

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1.   THE AGENCY STANDS READY TO WORK  DIRECTLY  WITH INDIAN TRIBAL GOVERNMENTS
ON A ONE-TO-ONE BASIS (THE "GOVERNMENT-TO-GOVERNMENT" RELATIONSHIP), RATHER
THAN AS SUBDIVISIONS OF OTHER GOVERNMENTS.

     EPA recognizes Tribal  Governments as  sovereign entitles  with primary
authority and  responsibility  for the  reservation  populace.   Accordingly.
EPA will work directly with Tribal  Governments as  the independent authority
for reservation  affairs,  and not as  political  subdivision:  of  States  or
other governmental units.


2.   THE AGENCY WILL RECOGNIZE TRIBAL GOVERNMENTS  AS THE PRIMARY PARTIES
FOR SETTING  STANDARDS,  MAKING ENVIRONMENTAL POLICY  DECISIONS  AND MANAGING
PROGRAMS FOR RESERVATIONS, CONSISTENT WITH AGENCY STANDARDS AND REGULATIONS.

     In keeping  with  the principle  of  Indian self-government,  the Agency
will view  Tribal  Governments  as  the appropriate  non-Federal   parties  for
making  decisions  and  carrying  out  program  responsibilities  affecting
Indian  reservations,  their environments,  and the  health  and   welfare  of
the^reservation populace.  Just as EPA's deliberations  and activities have
traditionally involved the interests and/or participation  of  State Govern-
ments,  EPA will  look  directly to Tribal  Governments to  play this lead role
for matters  affecting reservation environments.


3.   THE AGENCY WILL TAKE AFFIRMATIVE STEPS TO ENCOURAGE AND ASSIST
TRIBES  IN  ASSUMING  REGULATORY  AND  PROGRAM  MANAGEMENT  RESPONSIBILITIES
FOR RESERVATION LANDS.

     The Agency  will  assist  interested  Tribal  Governments  in developing
programs and  in  preparing  to  assume  regulatory  and  program  management
responsibilities  for  reservation  lands.   Within  the constraints  of EPA's
authority  and  resources,  this aid  will include providing  grants and other
assistance to  Tribes  similar  to  that we  provide  State  Governments.  The
Agency  will  encourage  Tribes  to assume  delegable  -asponsibilities, (i .e.
responsibilities  which  the  Agency   has  traditionally  delegated  to  State
Governments  for  non-reservation  lands)  under  terms  similar   to  those
governing  delegations to  States.

     Until Tribal Governments are willing and able  to assume full  responsi-
bility  for   delegable  programs,  the  Agency  will  retain  responsibility
for managing  programs  for  reservations  (unless  the  State has  an express
grant of  jurisdiction  from  Congress  sufficient  to support  delegation to
the State  Government).   Where EPA retains  such  responsibility, the  Agency
will encourage  the Tribe to  participate  in  policy-making and  to  assume
appropriate  lesser  or  partial  roles  in   the  management of   reservation
programs.

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4. .  THE AGENCY WILL TAKE APPROPRIATE STEPS TO REMOVE  EXISTING LEGAL  AND
PROCEDURAL IMPEDIMENTS TO WORKING DIRECTLY AND EFFECTIVELY  WITH  TRIBAL
GOVERNMENTS ON RESERVATION PROGRAMS.

     A number of  serious  constraints and  uncertainties 1n the language
of our statutes and regulations have limited our Ability to work directly
and effectively   with  Tribal  Governments   on  reservation  problems.   As
impediments in  our procedures,  regulations or statutes  are identified
which limit our ability to work effectively with  Tribes consistent with
this Policy, we will seek to remove those  impediments.

5.   THE AGENCY,  IN KEEPING WITH THE FEDERAL TRUST RESPONSIBILITY. WILL
ASSURE THAT TRIBAL CONCERNS AND INTERESTS  ARE CONSIDERED WHENEVER EPA'S
ACTIONS AND/OR DECISIONS MAY AFFECT RESERVATION ENVIRONMENTS.

     EPA recognizes that  a  trust  responsibility  derives  from the his-
torical relationship  between  the  Federal   Government  and  Indian  Tribes
as expressed  in   certain treaties  and  Federal Indian Law.   In  keeping
with that  trust   responsibility,  the Agency  will  endeavor  to  protect
the environmental  interests  of   Indian Tribes when  carrying out  its
responsibilities  that may affect  the reservations.

6.   THE AGENCY WILL ENCOURAGE COOPERATION BETWEEN TRIBAL, STATE AND
LOCAL GOVERNMENTS TO RESOLVE  ENVIRONMENTAL PROBLEMS OF MUTUAL CONCERN.

     Sound environmental planning and management require the cooperation
and mutual  consideration  of  neighboring  governments,   whether  those
governments be neighboring States, Tribes, or local units  of government.
Accordingly,  EPA   will  encourage  early  communication  and  cooperation
among Tribes,  States  and local  governments.  This 1s  not  intended to
lend Federal  support  to  any one party to  the jeopardy of the interests
of the other.  Rather, it recognizes that  in  the field of environmental
regulation, problems  are  often  shared  and the  principle  of   comity
between equals  and neighbors  often  serves  the best  interests of both.

7.   THE AGENCY WILL WORK WITH OTHER FEDERAL  AGENCIES WHICH HAVE  RELATED
RESPONSIBILITIES  ON  INDIAN  RESERVATIONS  TO  ENLIST THEIR INTEREST AND
SUPPORT IN  COOPERATIVE  EFFORTS  TO  HELP  TRIBES   ASSUME  ENVIRONMENTAL
PROGRAM RESPONSIBILITIES  FOR  RESERVATIONS.

     EPA will  seek and promote cooperation  between Federal  agencies to
protect human  health  and the  environment  on  reservations.   We will
work with  other  agencies to  clearly identify and delineate  the  roles,
responsibilities  and  relationships  of our respective  organizations  and
to assist Tribes  in developing and managing  environmental  programs  for
reservation lands.

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8.  THE AGENCY WILL  STRIVE  TO ASSURE COMPLIANCE WITH  ENVIRONMENTAL STATUTES
    AND REGULATIONS ON INDIAN  RESERVATIONS.

     In those cases where facilities  owned  or  managed by  Tribal  Governments
are not  in  compliance with  Federal  environmental  statutes,  EPA will  work
cooperatively with Tribal leadership  to develop means to achieve  compliance,
providing technical support and  consultation  as necessary to  enable  Tribal
facilities to comply.  Because of the  distinct status  of  Indian  Tribes and the
complex legal Issues  Involved,  direct  EPA  action  through  the  judicial  or
administrative process will  be considered where  the Agency  determines,  in its
judgment, that:  (1) a significant threat to human  health or the  environment
exists, (2)   such  action  would  reasonably  be  expected  to  achieve  effective
results in a  timely  manner,  and  (3)  the  Federal  Government cannot  utilize
other alternatives to correct  the  problem 1n a timely fashion.

    In those cases where reservation  facilities  are clearly  owned or managed
by private parties and  there  is  no  substantial Tribal  Interest  or  control
involved, the Agency  will  endeavor to act  in  cooperation  with the  affected
Tribal Government, but  will   otherwise  respond  to noncompllance  by  private
parties on Indian  reservations  as the  Agency  would  to  noncompliance  by the
private sector elsewhere in the country.  Where  the  Tribe  has  a  substantial
proprietary  interest   in,  or  control   over,  the  privately  owned  or  managed
facility, EPA  will  respond   as  described   in   the  first   paragraph  above.

9.   THE AGENCY  WILL  INCORPORATE THESE  INDIAN POLICY GOALS  INTO  ITS  PLANNING
AND MANAGEMENT ACTIVITIES,  INCLUDING  ITS BUDGET, OPERATING  GUIDANCE,  LEGISLA-
TIVE INITIATIVES,   MANAGEMENT  ACCOUNTABILITY  SYSTEM  AND  ONGOING  POLICY  AND
REGULATION DEVELOPMENT PROCESSES.
    f
     It is a  central  purpose  of  this  effort  to ensure  that the  principles
of this Policy are effectively  institutionalized  by  incorporating  them  into
the Agency's  ongoing  and  long-term planning and  management  processes.   Agency
managers will include specific programmatic actions designed  to  resolve  prob-
lems on Indian reservations in  the  Agency's existing fiscal year  and  long-term
planning and management  processes.
                                   William D. Ruckelshaus

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