United States
Environmental Protection
OPPTS Tribal  Strategic Plan
Fiscal Years 2004-2008
                                                August 2004
             Protecting Human Health and
        Tne Environment in Indian Country and
         Other Tribal Areas Including in Alaska

               Office of Prevention, Pesticides and Toxic Substances (OPPTS)


   Office of Prevention, Pesticides and Toxic Substances (OPPTS), Immediate Office
                  Office of Pollution Prevention and Toxics
                       Office of Pesticide Programs
                  EPA Regional Review Coordinators
                             EPA Region 5

                             EPA Region 8

                             EPA Region 9

                     Additional EPA Contributors-
        OPPTS Tribal Strategic Plan Workgroup, Office of General Counsel,
             Office of Enforcement and Compliance Assurance, and
                   American Indian Environmental Office
Many thanks to our tribal environmental partners including the OPPTS Tribal Pesticide
 Program Council, the Forum On State and Tribal Toxic Action, the Tribal Affairs Project,
 Tribal Operations Committee, and the Tribal Caucus for providing comments during
                       the development of this Plan.

 Photo Credit Bottom left photo displayed on front cover. Kristen Kemmerling, Alaska
Travel Industry Association.The traditional Eskimo kuspuk is an Eskimo women's parka.
 Here, Eskimo women of Barrow, Alaska display the traditional garb. Kuspuks can be
 lined with fur for warmth and are traditionally made of brightly colored or print fabric
            including velveteen and trimmed with rickrack and fur."

           OPPT5 Tribal Strategic Plan
                        Fiscal Years 2004-2008
                    Protecting Human Health and
                 The Environment in Indian Country
              and Other Tribal Areas Including in Alaska
                           Prepared by the United States
                         Environmental Protection Agency (EPA)
                      Office of Prevention, Pesticides and Toxic Substances

                               /^   >

Table  or  Contents
Map of Indian Country within EPA Regions 1 through 10	iv
Introduction from the Acting Assistant Administrator..             .. v
Executive Summary	1
OverviewrThe Office Of Prevention, Pesticides and
Toxic Substances	2
  The OPPTS Tribal Program	
  Input from Tribal Partners	
The OPPTS Tribal Strategic Plan	
  Consistency with EPA's Indian Policy	5
  Tribal Participation in Developing the Strategic Plan	5
  The Government Performance and Results Act	6
  Strategic Plan Goals and Objectives	6
  Goal 1: Improve the government-to-government relationship
  with federally-recognized tribes through effective and meaningful
  consultation, communication, coordination and outreach	6
  Goal 2: Continue to build tribal capacity for program
  development and implementation	9
  Goal 3: Develop methods for fostering greater program coverage
  for tribal communities	13
  Goal 4: Enhance and modify risk management to meet
  tribal cultural concerns and protect public health and the
  environment in Indian country and other tribal areas
 including in Alaska	14
Conclusion ,                                           ..16

Appendix A
EPA Policy for the Administration of Environmental
Programs on Indian Reservations	18

Appendix B
The Presidential Executive Order 13 775: Consultation and
Coordination with Indian Tribal Governments, November 6,2000	21
Appendix C
EPA Strategic Plan, Five Goals of the Agency	24

Appendix D
EPA OPPTS National Program Manager Guidance to
Regions, FY 2005-2007	25
Appendix E
More on OPPTS Programs and Our Partnerships	28

Appendix F
         TB^^^P^BM  Hr^r^H
Tribal Participants at the OPPTS Tribal Strategic Plan
Focus Group Meetings	31

Appendix G
The Forum on States and Tribal Toxics Action (FOSTTA) and
Tribal Pesticide Program Council (TPPC) Representatives	34

Appendix H
OPPTS Indian Program Contacts	35

-*.. ..+**
           Map  of Indian  Countru  within

                ~                                11
               EPA Regions  1 through  1O

                   "Indian country" is defined in 18 U.S.C. Section 1151 which provides:

     The term "Indian country," ...means (a) all land within the limits of any Indian reservation under the jurisdic-
    tion of the United States government, notwithstanding the issuance of any patent, and including rights-of-way
    running through the reservation, (b) all dependent Indian communities within the borders of the United States
      whether within the original or subsequently acquired territory thereof, and whether within or without the
     limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including
                             rights-of-way running through the same.
      This definition is used for civil jurisdiction. DeCoteau v. District County Court, 420 U.S.425,427 n.2 (1975.)
     Numerous federal Indian law cases discuss the meaning of this statute and of the concept of "Indian country."
                    'This map is intended to provide a general understanding of the location of
                        Indian country, but is not intended as a legal representation.

 Introduction  from  the                 1
Acting; Assistant  Administrator
    y ' ~*^ PA's Office of Prevention, Pesticides and Toxic Sub-
          stances (OPPTS) is pleased to issue our final Tribal
    I*—*-Strategic Plan (TSP). The purpose of the TSP is to
   promote the best use of our resources to foster environmen-
   tal gains in Indian country and other tribal areas including in
   Alaska (ICOTA).The OPPTS Tribal Strategic Plan will guide EPA
   staff and managers as they work with the tribes to further
   pollution prevention, safe pesticide use, and management of
   toxic chemicals.

   For this to be an effective tool, OPPTS recognizes that there
   must be strong tribal input and a genuine partnership with
   tribal  leaders and  tribal environmental managers. While
   developing this Strategy, OPPTS held six tribal focus group
   meetings to obtain tribal perspectives on OPPTS-related
   issues and recommendations on how to improve our pro-
   grams. Almost 100 tribal representatives participated in the
   various meetings across the country. The Tribal Pesticide
   Program Council (TPPC) and the Forum on State and Tribal
   Toxics Action (FOSTTA) Tribal Affairs Project (TAP) provided
   early  input  into the process. Beyond  this, OPPTS made
   presentations at other tribal meetings, gatherings, and con-
ferences.The final TSP is based largely on the comments and
recommendations  raised during the stakeholder engage-
ment process.
OPPTS also recognizes that for successful implementation
of the TSP, integration with other related Agency processes
is critical. Some notable processes where integration is
needed include the Agency-wide five-goal Strategic Plan,
the National Program Managers Guidance, and the Regional
Priorities and Planning effort. We will strive to connect these
processes and to ensure that priorities and efforts between
them are complementary.
OPPTS is firmly committed to  enhancing its partnerships
with tribes to mutually address the environmental concerns
faced within ICOTA. We look forward to continued collabora-
tion as we seek to address tribal environmental concerns in
the future.

 - Susan B. Hazen, Acting Assistant
   Administrator, Office of Prevention,
   Pesticides and Toxic Substances
                                           '     ~\

 y ' •*• _ PA has a long-standing policy to work with federal-
        ly-recognized tribes as sovereign nations on a gov-
 ^—^•ernment-to-government basis. These  important
concepts, along with others, are articulated in the Agency's
1984 Indian Policy. They establish the foundation through
which EPA  works with the tribes to  protect human health
and the environment in Indian country and other tribal areas
including in Alaska (ICOTA).

EPA's Indian Policy lays the groundwork for OPPTS as it looks
ahead to enhanced implementation of its programs in Indian
country. Our tribal partners were vital participants in the
development of this  Plan and we welcome their continued
collaboration during its implementation.

The OPPTS  Tribal Strategic Plan (TSP or the Plan) was devel-
oped  as part  of the Agency's larger strategic planning
process. The Plan will serve  as a  guide to  OPPTS and its
regional partners as  we implement current programs and
future initiatives to support successful pesticide and toxics
management and pollution prevention in ICOTA.

This Plan summarizes the roles and responsibilities of the
various offices within OPPTS, including its Tribal Program.
This Plan also is intended to guide the activities of the
OPPTS Tribal Program by establishing  its long-term goals
and objectives.
OPPTS intends to develop a yearly action plan to identify
specific initiatives needed to achieve the goals and  objec-
tives set forth in the long-term TSP.

Further, OPPTS will strive to integrate the various planning
and action efforts and to connect the appropriate processes
across the Agency for a more targeted and enhanced set of
tribal activities.

Overview: Tne  Office of Prevention^     (
D~sticiaes ana Toxic Substances  (OPPTS,
             OPPTS plays an important role in protecting pub-
             lic health and the environment from potential
             risks caused by toxic chemicals, including pes-
   ticides. The Office promotes pollution prevention and pro-
   vides the public with critical information on potential and
   existing chemical risks.

   OPPTS safeguards Americans, including children and other
   particularly vulnerable members of the population, by evaluat-
   ing the potential adverse impacts of pesticides and chemicals,
   as well as by regulating their manufacture, use, application,
   storage, and disposal. Top OPPTS priorities include mitigat-
   ing pesticide risks to humans, domestic animals, endangered
   species and the environment;  preventing  lead  poisoning;
   reducing risks from  persistent, bioaccumulative, and  toxic
   chemicals: improving public access to basic hazard informa-
   tion on high-production volume chemicals; and researching
   emerging issues such as endocrine disrupters.

   OPPTS includes several separate program offices, including
   the Office of Pesticide Programs (OPP), the Office of Pol-
   lution Prevention and Toxics (OPPT), the Office of Program
   Management and Operations (OPMO), and the  Office of
   Science Coordination and Policy (OSCP). OPP and OPPT have
        responsibility to implement the major programs mandated
        by legislation.

        OPPTS has primary responsibility within EPA for implement-
        ing the Federal Insecticide, Fungicide, and Rodenticide Act
        (FIFRA), the Toxic Substances Control Act (TSCA).the Federal
        Food, Drug, and Cosmetic Act (FFDCA), the  Food Quality
        Protection Act of 1996 (FQPA), the Asbestos Hazardous Emer-
        gency Response Act (AHERA), the Asbestos School Hazard
        Abatement Act (ASHAA), and the Pollution Prevention Act

        The following sections discuss OPPTS'Tribal Program and its
        primary tribal partners.

        The OPPTS Tribal Program
        The OPPTS Tribal Program is coordinated and managed as
        a partnership of headquarters staff working closely with
        regional tribal coordinators for the pesticide and toxics pro-
        grams. There are Tribal Program managers in each of the
        OPPTS program offices to ensure that the Agency's respon-
        sibilities to the specific, and often unique, needs in ICOTA are
        being properly addressed.The headquarters team also works
        with tribal and other program managers across all EPA pro-
             Office of Program^
              perations (OPMO)
Office of Prevention,
Pesticides and Toxic
Substances (OPPTS)
                       Office of Pesticide
                        Programs (OPP)
   Office of Pollution
    Prevention and
    Toxics (OPPT)
Office of Science
Coordination and
  Policy (OSCP)

           OPPTS Strategic Mission
            (as it relates to ICOTA)
   D To protect and improve human health and
     the environment in Indian country and other
     tribal areas including in Alaska; to achieve
     risk reduction, sustainability, environmen-
     tal justice, and enhanced quality of life for
     members of tribal communities throughout
     the United States.
   D To promote safer designs, wiser use of
     materials, products, processes, practices and
     technologies, and disposal methods using
     pollution prevention as the principle of first
     choice in Indian country and other tribal
     areas including in Alaska.
   [] To provide information, education and tech-
     nical assistance to empower tribes to make
     informed decisions on the risks associated
     with pesticides and toxic substances.
grams and in other federal agencies to ensure that OPPTS'
tribal issues receive appropriate consideration.

OPPTS places a special emphasis on building tribal capac-
ity to administer environmental programs within their own
jurisdictions when tribes wish to do so. Examples of capac-
ity building activities include support of tribal infrastructure
development, technical training, and community awareness

The OPPTS Tribal Program was developed with input from
the National Tribal Operations Committee (TOC), the Forum
on State and Tribal Toxics Action (FOSTTA),theTribal Pesticide
Program Council (TPPC), and members of federally-recog-
nized tribes.

Input From Tribal  Partners
EPA, including OPPTS,  participates in several organizations
that are designed  to  improve communication and build
stronger partnerships with  tribes. The following  sections
summarize some of the current programs and organizations
in place to ensure two-way communications between the
tribes and EPA.
Tribal Operations Committee's Tribal Caucus
To improve communication and to build stronger partner-
ships  with the tribes, EPA  established a Tribal Operations
Committee (TOC) in February 1994.The TOC is comprised of
19 tribal leaders or their delegates (referred to as the "Tribal
Caucus") and  EPA's Senior  Leadership Team, including the
Administrator, the Deputy Administrator, Assistant Adminis-
trators, and the Regional Administrators.

The Tribal Caucus (TC) meets on a regular basis to discuss
implementation of the environmental protection programs
in  ICOTA. All  tribes are encouraged to communicate with
members of the TC. For more information on the TC, visit the
following website: http://www.epa.gov/indian/overtoc.htm

Regional Tribal Operations Committees
The Regional Tribal Operations Committees (RTOCs) facilitate
communications regarding tribal  environmental  matters
within their geographical regions.The RTOCs are instrumen-
tal in helping the regional offices institutionalize the Agency's
Indian Policy. Members of the RTOCs participate on regional
and national workgroups, providing unique tribal perspec-
tives on environmental needs.They may be involved during
the planning stages of new  initiatives.

The RTOCs are an important liaison between Indian tribes,
EPA's regional offices, EPA's national program offices and the
National TOC on regional and national environmental issues
that impact ICOTA. They help to maintain open  and consis-
tent communication among tribes, and between tribes and
EPA management.

Tribal Pesticide Program Council
The OPPTribal Program continues to support the Tribal Pesti-
cide Program Council (TPPC). Established in 1999, this council
meets nationally twice a year. Through the TPPC, the tribes
are able to voice opinions on national pesticide policies and
raise tribal pesticide issues to federal attention.

The strong partnership between EPA and theTPPC ensures
that tribes will continue to provide a major impetus for the
long-term strategic  direction  taken by the OPPTS Tribal
Program as it strives  to build tribal capacity and produce an
Agency pesticide strategy that is responsive to tribal needs
and concerns. The TPPC also serves as a technical resource
pool for tribes.

Tribal Affairs Project
The Forum on State and Tribal Toxics Action (FOSTTA) is  a
partnership between OPPT and state and tribal leaders to
increase understanding and improve collaboration on toxics
and pollution prevention issues among the states, tribes and
EPA. FOSTTA is comprised of members from state and tribal
communities who have an interest in pollution prevention
programs and toxics  issues.The FOSTTA Tribal Affairs Project
was established in 1997 and meets three times a year.
National Pollution Prevention and Toxics Advisory
This  newly  formed advisory group follows certain  criteria
under the Federal Advisory Committee Act (FACA) in order to
provide advice, information, and recommendations to OPPT.
The National Pollution Prevention and Toxics Advisory Com-
mittee (NPPTAC) members are comprised of a broad range of
Agency constituents and possess different areas of expertise.
There is at least one tribal representative serving on the com-
The NPPTAC committee members recently selected, tribal
issues as one of its four main foci of this committee and
agreed to the establishment of a tribal working group. OPPT
is looking forward to receiving input and recommendations
on tribal issues from this committee.

    e  OPPTS  Tribal  Strategic  Plan
        This OPPTS Tribal Strategic Plan (TSP) provides a
        framework to ensure that OPPTS program activi-
        ties are conducted in a manner that is consistent
with the Agency's Indian Policy, which recognizes the federal
government's trust responsibilities to federally-recognized
tribes, the sovereignty of tribal governments, and the gov-
ernment-to-government relationship between the federal
and tribal governments.

The following sections summarize the guiding principles and
processes used to develop the TSP and its resulting goals and

Consistency with the Environmental Protection
Agency's Indian Policy
The foundation of the OPPTS Tribal Strategic Plan  is  EPA's
Indian Policy, which was first issued in 1984 and reaffirmed
by subsequent EPA Administrators. In it,EPA"recognizes tribal
governments as the primary parties for setting standards,
making environmental policy decisions, and managing pro-
grams on reservations... consistent with Agency standards
and regulations."

The Indian Policy provides that EPA will work on a government-
to-government basis with tribes and recognizes the federal
government's trust  responsibility  to federally-recognized
tribes. OPPTS is committed to recognizing, acknowledging
and appreciating tribal concerns and to engaging in adequate
and timely consultation and coordination with tribes.

Tribal Participation in Developing the Strategic Plan
OPPTS recognized early that it was critical to maximize tribal
input if its newTSP was going to effectively work for ICOTA.To
obtain broad, geographically and culturally based input from
the contiguous 48 states and Alaska, six tribal focus group
meetings were held during the fall and winter of 2001-2002.

These focus group meetings were intended to  gather
information and recommendations from tribal leaders and
environmental  managers  on their priority environmen-
tal issues within the OPPTS program arena. In addition, the
    OPPfS Tribal Strategic Plan Goals
     1. Improve the government-to-gov-
       ernment relationship with federally-
       recognized tribes through effective
       and meaningful consultation,
       communication, coordination and
    2. Improve tribal capacity for program
       development and implementation.
    3. Foster toxics, pesticides and pollu-
       tion prevention program coverage
       for tribal communities.
    4. Help tribes manage risk to meet
       tribal cultural concerns and protect
       public health and the environment
       in Indian country and other tribal
       areas including in Alaska.
meetings helped identify actions that the Agency might take
to effectively address those identified issue areas and sug-
gested ways that OPPTS might maximize the effectiveness of
its partnerships with tribes.
Nearly 100 tribal representatives participated in the OPPTS
strategic planning focus meetings. Participants came from
various job responsibilities and backgrounds, including tribal
government policy and decision makers, technical experts,
personnel and environmental program managers, and rep-
resentatives from grassroots organizations.

Comments ranged widely at the meetings. Suggestions were
heard on how OPPTS might  improve the way it provides
tribes with information, training and outreach materials; how
it performs its tribal coordination; and how it develops and
implements its programs with the tribes.

The comments received from the focus  group meetings
suggest that that there are several issues common to most
tribes throughout ICOTA, while other issues, mostly in Alaska,
appear to be more regional in nature. The comments, sug-
gestions and thoughts provided by participants in the OPPTS
focus meetings were instrumental in developing the goals
and objectives of this TSP. Following is a list of focus group
locations and  dates. A  list of participants noted at  each
meeting place can be found in Appendix F.
Seattle, WA
Cloquet, MN
Anchorage, AK
Denver, CO
Tucson, AZ
Washington, DC
September 23,2001
October 18,2001
October 30,2001
November 29,2001
December 10,2001
January 30,2002
The Government Performance and Results Act
In 1993, Congress enacted the Government Performance and
Results Act (GPRA).Through GPRA, Congress holds all federal
agencies accountable for using taxpayer provided resources
wisely and maximizing measurable program results. Part of
EPA's response to GPRA mandates the development of long
range strategic planning that includes performance goals,
results measures and reporting out.

The OPPTS Tribal Strategic Plan will complement the Agen-
cy's overall Strategic Plan and help to ensure that activities
undertaken  by  various  OPPTS  programs  support  EPA's
broader, cross media goals and objectives. It is intended to
specifically address  the programmatic needs and priorities
expressed by our partners in ICOTA.

This TSP does not alter or eliminate the broad, cross media
goals developed under GPRA. However, the Plan does set
forth four additional goals, specifically for Indian country and
other tribal areas including in Alaska. Each of these four goals
has a series of objectives and work activities that can be used
to target tribal program activities within OPPTS.
                                       Strategic Plan Goals and Objectives
                                       OPPTS has identified  the following  four goals  for ICOTA,
                                       based on comments received at the six focus group meet-
                                       ings, at other tribal gatherings, and during discussions with
                                       OPPTS headquarters and regional staff.

                                       Each  goal is described in detail  below, along with specific
                                       objectives and sub-objectives. Included under the discussion
                                       of each goal are examples of projects and activities that are
                                       planned or underway.
   Improve the Government-to-Government
 Relationship with Federally-Recognized Tribes
through Effective and Meaningful Consultation,
  Communication, Coordination and Outreach
                                       Objective 1.1
                                       OPPTS intends to apply the principles of Executive Order E.O.
                                       13175, entitled "Consultation and Coordination with Indian
                                       Tribal Governments','in its interactions with tribes. E.O. 13175
                                       seeks to strengthen the government-to-government relation-
                                       ship with tribes and to reduce the  imposition of unfunded
                                       mandates upon them. OPPTS will fulfill its obligations under
                                       E.O. 13175, including engaging tribes in meaningful consul-
                                       tation on actions with tribal implications.

                                       >$ Work Activity 1.1.1
                                       OPPTS staff intends to  develop training and guidance  to
                                       implement the requirements of E.O. 13175.

                                       -$ Work Activity 1.1.2
                                       OPPTS intends to develop internal procedures that establish
                                       an office-wide approach for implementing the requirements
                                       in E.O. 13175.
                                       Objective 1.2
                                       OPPTS intends to utilize two-way communication to ensure
                                       timely information flow between EPA and tribal governments,
                                       tribal environmental organizations and tribal colleges.

 $ Work Activity 1.2.1
OPPTS intends to continue to produce quarterly issues of the
OPPTS Tribal News, post them on-line and mail them to all
federally-recognized tribes.

 $ Work Activity 1.2.2
OPPTS intends to complete a guidebook on "Comprehen-
sive  Pesticides, Toxics  and Pollution Prevention  Programs,
Resources, and Grant Opportunities for Indian Tribes."

 •^ Work Activity 1.2.3
OPPTS intends to continue to maintain and  upgrade tribal
web pages to ensure that accurate, timely information on its
programs and activities is available to tribes.

Objective 1.3
OPPTS intends to work closely with EPA regions and tribes
to identify national and regional pesticides, toxics and pollu-
tion prevention issues that are of significant concern to tribal
populations. The Office intends to ensure  that tribes are
engaged in policy discussions  of such issues as appropriate,
and that their concerns are considered as OPPTS develops
and implements national policies and regulatory decisions.

% Work Activity 1.3.1
OPPTS intends to continue to identify risk reduction and
pollution prevention-related opportunities for ICOTA and to
develop and implement efforts to address identified  issues.
In these efforts, EPA  will work  in close partnership with the
Tribal Affairs Project (TAP) of the Forum on State and Tribal
Toxics Action (FOSTTA), the Tribal Pesticide Program Council
(TPPC),the National Tribal Operations Committee (TOC) and
the Regional Tribal Operations  Committees (RTOCs).

^ Work Activity 1.3.2
OPPTS intends to initiate an outreach effort to encourage
tribes to participate in  national pollution prevention  orga-
nizations and committees,  Pollution Prevention  Resource
Exchange (P2Rx) information network and regional pollution
prevention efforts.
 •f? Work Activity 1.3.3
The  OPPT  National Pollution Prevention Toxics Advisory
Committee should designate one tribal representative as a
regular member.

 ^ Work Activity 1.3.4
OPPTS intends  to  continue to pursue efforts to promote
dialogue and cooperative efforts between state and tribal
pesticide,  toxics and  environmental program managers
and encourage  broader tribal participation in theTPPC and
$• Work Activity 1.3.5
OPPTS intends to lead a cross-Agency team, working with
a host tribe, to convene the 7th annual National Tribal Con-
ference on Environmental Management (NTCEM). OPPTS
intends to participate with the NTCEM in subsequent years.

Objective 1.4
OPPTS intends to support programs and projects that allow
tribes to identify and reduce the human and environmental
risks that may accompany exposure to pesticides and toxic
chemicals (such as asbestos, persistent organic pollutants,
and persistent bioaccumulative chemicals including dioxins,
mercury, and polychlorinated biphenyls). These efforts may
include outreach, technical training and assistance, specific
funding, and implementation of corrective measures.

$ Work Activity 1.4.1
OPPTS intends to host at least one interagency meeting with
tribes and with federal agencies that work with tribal gov-
ernments to develop recommendations and identify existing
governmental resources and programs.The meeting should
help OPPTS identify and work toward integrating a compre-
hensive, cross agency federal effort to address toxics and
pesticide issues in ICOTA.

  ^ Work Activity 1.4.2
OPPTS headquarters (with assistance from regional offices
as appropriate)  intends to sponsor or co-sponsor train-
the-trainer sessions, and toxics and pesticide management
workshops at locations in ICOTA. Sessions and workshops
should cover the management of toxic chemicals, pesticides,
and other materials including lead and asbestos, and will be
offered by and for interested parties in other federal agen-
cies as well as tribal environmental managers.

 $ Work Activity 1.4.3
OPPTS intends to consult with the federally-recognized tribes
and work to establish policies and procedures for input on
related national and international decision-making leading
to agreements and policies.

Ongoing Activities - Goal 1
OPPTS already has several program activities associated with
Goal 1. Many of these efforts directly or indirectly serve mul-
tiple goals and objectives contained in the Strategic Plan.The
following project and program summaries include informa-
tion on which OPPTS office has primary involvement (OPP,
OPPT or OSCP).  Additional EPA activities, including notable
regional activities that support OPPTS tribal program goals
are summarized in Appendix E.

                         OPPTS Tribal Websites
                         OPPTS  has Internet web  pages
                         that focus on toxics and pesti-
                         cide related topics that are of
                         direct interest to ICOTA. These
                          sites also provide links to other
                          important  EPA  home  pages,
                          and  to  other  governmental
                          and  non-governmental  sites
that can help tribes protect their environments. Information
can be found at: http://www.epa.gov/oppts/tribal.htm

OPPTS Tribal News
As part of an overall effort to increase awareness of toxics,
pollution prevention and pesticide issues in tribal commu-
nities, OPPT and OPP collaborate to produce the quarterly
OPPTS Tribal News. This publication is mailed to all feder-
ally-recognized tribes and posted on the OPPTS web site. In
addition to disseminating impor-
tant information to members of
the tribal community, the news-
letter educates tribal youth with
its popular"Kid's Page"feature.

In Winter 2004, OPPTS spon-
sored a special  pilot  edition,
entitled "EPA Tribal  News," Fall
2003-Winter 2004.  This pilot
included articles from most of
EPA's  media offices and also
reflected tribal  perspectives
on a variety of environmental concerns, such as tribal tradi-
tional life ways.

Design for the Environment Program
OPPT's Design for the Environment Program (DfE) provides
training and education  on environmental issues and seeks
to build capacity  within minority  communities through
partnerships between tribal and community colleges, gov-
ernment, industry and minorities.

In 1997, Design for the Environment teamed with the Part-
nership  for Environmental Technology Education (PETE) to
recognize community and technical colleges as an important
national resource for workforce development, small business
outreach and public information. Tribal colleges across the
country are important members of the PETE network, which
has held several tribal college workshops devoted to foster-
ing communication among participants.

Over 40 faculty and administrators representing 18 tribal col-
leges attended the first tribal college workshops in Jackson
Hole, Wyoming and in Santa Fe, New Mexico.The outcome of
these meetings was to add new "tribal perspectives" to envi-
ronmental curricula.

The"AII NationsTribal College Environmental Program Capac-
ity Building Workshop" was held in Des Moines, Washington
State in  November 2001 at  Highland  Community College.
Panel members highlighted  priority goals for program ini-
tiatives  and  to  develop native American  environmental
professionals. This effort was  geared  towards  developing
tribally managed environmental stewardship and sustain-
ability.This workgroup also provided input into development

Programs, Resources, and Grant Opportunities
In 1999, OPPT published  its first comprehensive resource
guide entitled, "Programs,  Resources, and Grant Opportuni-
ties." This guide provides information on OPPT's programs,
resources, and grant opportunities that support tribal efforts
to promote pollution prevention and protect human health
and  the  environment from toxic substances. This guide
is  intended to be updated periodically, as occurred in FY
2000 when information on the OPPT Blood-Lead Screening
and Lead Awareness  Activities Grant Program  was  added.
The resource guide is being
revised again in 2004 with  the
updated version to be sent to
all federally-recognized tribes.
OPPT Programs,
and Grant Opportunity
Tribal Medicine Project
OPP  coordinated  efforts  to
educate tribal  healthcare pro-
viders   and   environmental
managers on the identification,
treatment,  and prevention of
acute pesticide poisoning. In FY
2001, three tribes  in the north-
west  and  southwest acted as    initial  hosts.  During
the FY 02-03 project cycle, three additional tribes hosted
the workshops. In  addition to addressing potential poison-
ing caused  by  pesticide application and drift, storage and
disposal, this project looked  at  potential  poisonings or
unacceptable exposures associated with pesticide residues
remaining on repatriated tribal artifacts.

Partnering with the Tribal Pesticide Program Coun-
cil (TPPC) and the Tribal Affairs Project (TAP)
OPPTS works closely with the TPPC and the TAP to ensure
good communication on important toxics, pollution preven-
tion and pesticide issues. OPPTS  engages in dialogue with
these groups to obtain tribal perspectives on Agency deci-
sions and actions of concern to tribes in our program areas.
The organizations meet on a regular basis and communicate
via conference calls to help ensure a constant  exchange of
thoughts and perspectives on toxic, pollution prevention
and pesticide issues in Indian country and other tribal areas
including in Alaska.
Providing Tribal Governments with Emergency
Pest Control Options
(Sect. 18s)

FIFRA  Section 18, which authorizes  EPA to provide emer-
gency exemptions from federal requirements when needed
to protect against  pest infestations, does  not  specifically
reference tribes. In  response  to  discussions initiated  by
TPPC members, the Navajo Nation,  OPP and USDA/APHIS
have cooperated in  a process by which APHIS may apply for
Section 18 exemptions that cover Navajo Indian country.The
       exemptions allow for pesticide applications that do
       not meet product label requirements, when emer-
       gency conditions exist.The process is now ready to
       test on Navajo, and similar processes may be avail-
       able for other interested tribes in 2004.
                           Facilitation of Cooperative Activities Be-
                           tween National State and Tribal Pesticide
                           Working Groups (OPP)
                           OPP encourages leadership of theTPPC and a corre-
                           sponding state organization, the State FIFRA Issues
                            Research and Evaluation Group (SFIREG), to work
                            closely together to develop common solutions for
                            mutual pesticide related concerns. Regular com-
                     munication between the two groups is facilitated by OPP
                   and each is encouraged to send participants to the others'
                   regular meetings, and to work collaboratively with OPP on
                   pesticide issues that impact both states and tribes.
                      Continue to Build Tribal Capacity for Program
                            Development and Implementation
                   Objective 2.1
                   OPPTS intends to help build tribal capacity to assess environ-
                   mental threats from toxic chemicals and pesticides.including
                   persistent bio-accumulative toxics (PBTs), persistent organic
                   pollutants (POPs) and radionuclides in foods and other mate-
                   rials important to tribal peoples, cultures and traditions.

  $ Work Activity 2.1.1
OPPTS intends to provide innovative training and outreach
to improve the ability of tribes to understand risks associ-
ated with lead and asbestos educate community members
on these risks, and consider options to address these risks.

<$ Work Activity 2.1.2
OPPTS intends to work  with interested tribes to help them
work toward obtaining TSCA sections 402 and 406 lead
program authorization  and/or pursue implementation  of
pesticide management  activities, including development of
FIFRA compliant pesticide codes.

 *  Work Activity 2.1.3
OPPTS intends to provide grants for targeted pesticide-related
"field projects"such as surface and water quality management,
endangered species protection, integrated pest management,
and pesticide assessment, education and outreach.

% Work Activity 2.1.4
OPPTS intends to work to supplement resources for pesticide
management related activities in 1COTA.

 •  Work Activity 2.1.5
At the request of tribal environmental groups, OPPTS intends
to hold a meeting for tribes to highlight priority issues facing
ICOTA. Based on the discussion held at the meeting, OPPTS
intends  to work with its tribal partners to create a compre-
hensive guidance document geared towards  protecting
traditional lifeways  resources. The guidance should  assist
tribes in successfully identifying and evaluating potential
toxic chemicals impacting traditional lifeways.

 *  Work Activity 2.1.6
OPPTS intends to enable federally-recognized tribes to utilize
and test the tools and guidelines developed for work activity
2.1.5.These tools should enable tribes to better understand
and  manage contaminant exposure pathways  and  risks
resulting from  unique circumstances associated with their
subsistence practices and traditional ways of life.

'$ Work Activity 2.1.7
OPPTS intends to complete a pilot effort to upgrade Lifeline,
an existing  software tool to enable it to evaluate potential,
unique exposure and risk opportunities that may exist for
two tribal groups, each of which practices its own traditional
cultural lifeways.During2004,theusefulnessof the upgraded
tool  should  be evaluated and a determination should be
made as to the feasibility of extending the project to include
tribes in other bio-geographical areas of the United States.

Objective 2.2
OPPTS intends  to improve  the ability of tribes  to define,
design, implement and sustain well-rounded toxics, pollution
prevention and pesticide programs suited to their needs.

 $ Work Activity 2.2.1
OPPTS intends to prepare a  comprehensive tribal guidance
document that defines and assists in the development of
well-rounded pollution prevention programs and activities
that meet tribal needs.
    Work Activity 2.2.2
OPPTS intends to leverage EPA's Environmental Preferable
Purchasing (EPP), green building, sustainable development,
solid waste reduction and other pollution prevention-related
programs  to promote these practices in ICOTA. The Office
intends to support tribal demonstration projects or training
on these topics whenever possible.

 *  Work Activity 2.2.3
OPPTS intends  to  develop specific pollution  prevention
methods for tribes targeting tribal hotels, casinos, schools,
hospitals, clinics, marinas, gas stations, and other structures.

 'f? Work Activity 2.2.4
OPPTS intends to work with  other partners to review and
appropriately update  documents that identify and describe
the  basic elements  of an  EPA  funded tribal pesticide

 *  Work Activity 2.2.5
OPPTS intends to support a means to develop and offer interme-
diate and advanced  water quality and  pesticide management
courses for tribal environmental managers and staff.

regulatory integration, demonstration (pilot) projects, and
public recognition. Funding varies and is  subject to  avail-
ability each fiscal year. Since 1989, more than twenty  tribal
projects have received over one million dollars collectively
from this program.

Lifeline Exposure Assessment Project
In 2002, OPPTS initiated an effort to determine the feasibil-
ity and usefulness of modifying state-of-the-art "LifeLine"
software to capture unique exposure pathways that may
accompany the practice of tribal traditional life ways. OPPTS
is already using LifeLine in its pesticide exposure/risk assess-
ment and tolerance setting processes. OPPTS is now working
very closely with a consortium of Native villages in Alaska, as
well as the Blackfeet Nation in Montana, to develop software
modules that accurately will help  model  their two unique
living situations. Site visits have been conducted, informa-
tion sources have been identified, data is being gathered and
new computer code is now being written.

After it receives the approval of the two-modeled groups, the
new software should be made generally available. If the new
software proves useful to the modeled tribal groups and to
EPA, and if other tribes indicate an interest in partnering with
us to  have similar models built, OPPTS  intends to consider
the feasibility of modeling additional tribal living scenarios
in other biogeographical  sections of the country.

Tribal Lands Environmental Scholarships
This program is designed to promote education in  the envi-
ronmental sciences in tribal communities, thereby increasing
the number of American Indian students with expertise in
environmental science. These students, in turn, should be
prepared to work with EPA and in tribal  communities to
improve environmental  protection in ICOTA, and address
human health concerns.

Water Quality and Pesticide Management Work-
These  ongoing  workshops, which are  hosted by tribes
throughout the country, bring  a wide variety of pesticide
related  expertise  to  tribal communities.  Speakers   may
include experts  in  program organization and legal issues,
IPM, hydrology and water management, insect abatement,
and application methodologies. Presenters may also include
tribal experts, staff from local agricultural extension services,
state and local environmental agencies and others.Tailored
agendas emphasize pesticide issues impacting local tribes.
To date, more than 75% of federally-recognized tribes in the
contiguous 48 states have sent one or more representatives
to these workshops.

Tribal Pesticide and Water Quality Grant Program
For each of the past eight years, OPP's competitive Tribal
Pesticide and  Water Quality Grant Program has provided
approximately $450,000 per year in direct funding to tribes.
These one year grant awards are limited to $50,000 per pro-
posal. They may be used to fund projects involving water
quality baseline assessment and sampling, IPM, pesticide
issues surrounding  repatriation of tribal artifacts, evaluation
of need and development of pesticide management policies
and plans, and other activities related to pesticide manage-

Providing Tribes Flexibility under FIFRA
Tribes are not specifically referenced in  FIFRA Section  18
and  have  not directly  requested emergency exemptions
("Section 18's") from federal requirements to enable use of
pesticides that could prevent severe economic loss caused by
pest infestations that do not respond to approved pesticide
approaches. OPR in cooperation with USDA/APHIS and the
Navajo Nation, has developed a process to provide opportu-
nities for farmers in Navajo Indian country to obtain access
to products available outside of Indian country. Under FIFRA
Section 18. OPP intends to continue to refine the process as
needed, and intends to work with other tribes, as requested,
to provide them with information regarding similar exemp-
tion opportunities.

Tribal Discretionary  Funding to Regions
Because regional  staff  work  closely with the tribes, EPA
regional offices have unique opportunities to develop a
clear sense of regionally specific tribal needs. OPP provides
a portion of its headquarters tribal  program  discretionary
funding to the regions and allows them to determine how
this money best supports the pesticide needs of ICOTA.


                      Goal 3

    Develop Methods for Fostering Greater Pro-
       gram Coverage for Tribal Communities
Objective 3.1
Where tribes choose not to establish their own programs,
OPPTS will  work toward developing  mechanisms for pro-
viding programmatic services to tribes, such as in the lead

 •$ Work Activity 3.1.1
OPPTS intends  to explore options  to  provide ongoing
funding to support tribal circuit rider programs.

 * Work Activity 3.1.2
OPPTS intends to pilot two Direct Implementation  Tribal
Cooperative Agreements (DITCAs) with interested tribes to
carry out agreed upon pesticides or toxics program services.

 % Work Activity 3.1.3
OPPTS intends to pilot a "Center of Expertise" where  inter-
ested  tribes can obtain technical assistance with certain
aspects of OPPTS programs and information.

 $ Work Activity 3.1.4
OPPTS intends to continue its  work with EPA's Office of
Enforcement and Compliance Assurance  (OECA) and EPA
regions on compliance and enforcement activities.

Ongoing Activities - Goal 3
The following sections summarize current OPPTS projects
and programs associated with Goal 3 and its stated objec-
tives and work-activities.
Lead-Based Paint Activities Program (OPPT)
EPA implements, administers and enforces the Federal Lead-
Based Paint Activities  Program in states, areas of Indian
country, and territories that do not have EPA-approved lead
programs. EPA awards grants to tribes to develop authorized
lead programs within  their own  communities. Tribes are
encouraged to establish accreditation, certification and work
place standards programs  which  are as protective as the
those required by the  federal program. Since its inception
in Fiscal  Year 1994 and  continuing through 2002,151 grants
have been issued to tribes for a total of approximately $10.6

OPPT's Community  Assistance Technical Team
OPPT supports working to build the capacity of communities
to understand and improve their local environments. OPPT
helps to develop the  information, assessment tools, and
training  that communities need to implement the Commu-
nity Based Environmental Protection (CBEP) approach.

OPPT's Community Assistance Technical Team was estab-
lished to  provide support to communities. The team  is
currently developing a"how-to"manual to help communities
use risk-based screening  methods and tools  to understand
and improve local air quality. In the future, the team plans
to develop multi-media assessment guides and training for

Pesticide Circuit Rider Program
EPA provides funding for  a  highly successful  tribal  pesticide
circuit rider program in  Region  10. Under this effort, a single
expert, based with the Coeur d'Alene tribe, responds to the pes-
ticide management related needs of six tribes in the region.

Working with OECA
OPPTS continues to work closely with OECA, which funds
both tribal pesticide and toxic programs, to promote federal
regulation enforcement and compliance in Indian  country
and other tribal areas including those in Alaska. Where EPA
directly implements relevant programs, OPPTS  coordinates
central review and comment for the FIFRA Project Officer's
Manual  and the  FIFRA Enforcement Guidance  document,
two major OECA publications with implications for pesticide
management in ICOTA.


                       Goal 4

   Enhance and Modify Risk Management Meth-
   odologies to Meet Tribal Cultural Concerns and
   Protect Public Health and the Environment in
   Indian Country and Other Tribal Areas Includ-
                    ing in Alaska.
Objective 4.2
OPPTS intends to incorporate modifications to risk exposure
models and Agency risk assessment methodologies to reflect
tribal cultural and traditional lifeways.

 if? Work Activity 4.2.1
OPPTS intends to develop software modules  to  model
pesticide and chemical risk exposures for practitioners of
traditional lifeways in several bio-geographic areas of the
country.The Office intends to evaluate the benefits of extend-
ing the effort to tribes in other parts of the country.
Objective 4.1
OPPTS intends to work to improve the ability of EPA and
tribes to recognize, evaluate and address the extent of chem-
ical and pesticide exposure risks in ICOTA.
 $ Work Activity 4.1.1
OPPTS intends to continue lead awareness efforts and work
to improve tribal ability to undertake lead screening for tribal

-f? Work Activity 4.1.2
OPPTS intends to continue gathering baseline assessment
information  on  tribal lead  poisoning and pre-1978 tribal
housing stock and intends to continue exploring more effec-
tive means of addressing lead issues in these areas.This work
should be shared with EPA's American Indian Environmental
Office (AIEO) and other federal agencies (e.g., Indian Health

-f* Work Activity 4.1.3
OPPTS intends to host at least two interagency meetings
that include members from agencies such as EPA, the Bureau
of Indian Affairs, the Indian  Health Service, the Department
of Housing and  Urban Development, and  the  Consumer
Product  Safety  Commission and our tribal  partners. The
meetings should  help to  develop recommendations for
federal government coordination with tribal governments in
their efforts to reduce the risks of lead poisoning and other
toxic exposures to tribal communities.
 •*$ Work Activity 4.2.2
OPPTS intends to produce a report that reviews opportuni-
ties to enhance existing risk management and risk assessment
procedures in  ICOTA. The review should recognize cultural
exposure variables  and  identify  any exposure assessment
barriers that prevent OPPTS from incorporating tribal cultural

 >$ Work Activity 4.2.3
OPPTS intends to discuss risk and exposure assessments with
tribes to learn how they are adapting risk assessments to
incorporate tribal cultural concerns.These discussions may be
based on previous recommendations from FOSTTA,TPPC,TOC,
NEJAC, or other governmental individuals or organization that
have knowledge or expertise in tribal risk assessments.

Objective 4.3
OPPTS intends to support tribal efforts to identify and reduce
risks from  priority  persistent bio-accumulative  and toxic
(PBT) pollutants including dioxin and mercury (named in the
Canada-U.S. Bi-national Toxics Strategy).

 •fy Work Activity 4.3.1
OPPTS intends to provide federally-recognized tribes  with
relevant materials on EPA's PBT Chemical Program.

 $ Work Activity 4.3.2
OPPT intends to work with Alaskan Native villages to develop
a priority PBTs and Persistent Organic Pollutants (POPs) com-
munication risk strategy especially designed for Alaskan
Native hunters and gatherers who  practice traditional cul-
tural life ways.

Ongoing Activities - Goal 4
OPPTS is currently involved in several activities that support
the objectives and work-activities developed for Goal 4.

Lead Program
OPPT has developed a baseline assessment and lead aware-
ness grant program exclusively for Indian tribes and tribal
consortia. This grant program supports an assessment of
exposure and risks of exposure to lead poisoning of tribal
children by including  blood-lead  screening of children,
inspecting older homes, testing paint, dust, and soil for haz-
ardous lead levels, and training individuals to perform lead
inspections and risk assessments.The lead awareness portion
of the grant supports educational outreach activities. Since
it's inception in fiscal year 1999, OPPT has awarded 60 grants
totaling nearly $3 million to tribes.

OPPT has supported the development and presentation of
lead awareness workshops by developing a Lead Community
Tool Kit. A special version of the training manual was devel-
oped for Native American communities and is available from
the National Lead Information Center at 1-800-424-LEAD.

A  lead poisoning prevention manual for tribal day centers
and  families  was  published which  explains  screening,
healthful diet, and basic preventive steps.The manual is also
available in CD-ROM and video.
Geographic Exposure Modeling System (OPPT)
OPPT has recently  made available tools such as the new
Geographic Exposure Modeling System (GEMS).This system
includes models and data for ambient air, surface water, soil,
and groundwater, and makes  the models much easier  to
use than their stand-alone counterparts. GEMS has statisti-
cal analysis, graphics, and GIS capabilities for analyzing and
displaying data and environmental modeling results. GEMS
is expected to be available soon on the internet.

OPPT has also developed another technical tool to be used
in schools (grades 7-12):theToxic Release Inventory Package.
This package is designed to enable students to  use large
databases as tools in science and social sciences classes.

Pesticide Management Planning (OPP)
OPP provides support for the development and presentation
of ground and surface water management workshops and
other technical training.Through  July 2003, more than 75%
of the tribes  in the lower 48 states had sent representatives
to receive ground and surface water and pesticide manage-
ment training through this program. OPP plans to continue
its efforts to identify, prioritize and develop tribal training in
areas ranging from  pesticide and groundwater sampling  to
inspector training and education on  Integrated  Pest Man-
agement (IPM) methods.
Increasing Tribal Capacity for the Assessment of
Traditional Lifeways
This project will help increase tribal capacity to assess envi-
ronmental health threats from toxic  chemicals, including
PBTs, in traditional foods. OPPTS intends to work with tribes
to enable them to conduct their own exposure/risk assess-
ments  based upon the unique circumstances associated
with their cultural beliefs, religions and  lifestyles.

For this project OPPTS is working with  EPA's regional offices,
OPP, the Community Based Environmental Protection Work-
group in OPPT, other EPA program offices, and a  number
of tribal organizations, including the TOC, FOSTTA, and the
                                                  S     >

         The OPPTSTribal Strategic Plan (TSP) serves two pri-
         mary purposes. First, it is a means by which OPPTS
         can  share its vision and intended direction with
tribes and other interested parties. The TSP is intended to
guide OPPTS and EPA regional offices as we work with tribes
to develop and implement successful pesticide, toxic man-
agement, and pollution prevention programs. EPA's ultimate
goal is to collaborate with tribes to protect human health
and the environment in Indian country and other tribal ar-
eas including in Alaska. OPPTS hopes to place new emphasis
on tribal concerns regarding preservation of their traditional
lifeways. The potential environmental effects an issue may
present to tribal culture will be considered when developing
options for action within our program areas.

Second, theTSP can help optimize resource use by identifying
opportunities to integrate and leverage resources. The Plan
recognizes that the levels  of resources available to OPPTS,
other EPA offices and regions, and tribes may influence EPA's
success in reaching its stated goals. OPPTS intends to lever-
age  resources where  possible by combining efforts with
other EPA offices, collaborating with other federal agencies,
and increasing efficiency in delivering training and technical
assistance. OPPTS hopes to foster new approaches for ensur-
ing access to our programs through innovative means where
tribes do not wish to individually assume program activities.

As described in this Plan, EPA will be provifing tribes with
assistance, tools and resources to develop and implement
comprehensive programs to protect human health and the
environment in ICOTA. The Plan is expected to evolve as the
needs of our tribal partners grow and change. It is a means by
which OPPTS can further its environmental protection efforts
consistent with the federal government's trust responsibility
to federally-recognized tribes.

Appendix A
EPA Policy for the Administration of Environmen-
tal Programs on Indian Reservations

Appendix B
The Presidential Executive Order 13175: Consulta-
tion and Coordination with Indian Tribal Govern-
ments, November 6,2000

Appendix C
EPA Strategic Plan, Five Goals of the Agency

Appendix D
EPA OPPTS National Program Manager Guidance
to Regions, FY 2005-2007
Appendix E
More on OPPTS Programs and Our Partnerships

Appendix F
Tribal Participants at the OPPTS Tribal Strategic
Plan Focus Group Meetings

Appendix G
The Forum on States and Tribal Toxics Action
(FOSTTA) and Tribal Pesticide Program Council
(TPPC) Representatives

Appendix H
OPPTS Indian Program Contacts

Appendix A

EPA Policy for the Administration of Environmen-
tal Programs on Indian Reservations
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: (I) that the Federal Government
will pursue the principle of Indian "self-government" and (2)
that it will work directly with Tribal Governments on a "gov-
ernment-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-govern-
ment" and "government-to-governments" relations  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 reserva-
tions 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 these principles on
Indian Reservations, cannot be accomplished immediately.
Effective implementation will take careful and conscientious
work by EPA, the tribes and many others. In many cases, it
will require  changes in applicable  statutory authorities and
regulations. It will  be necessary to proceed in a  carefully
phased way, to learn from successes and failures, and to gain
experience. Nonetheless, by beginning work on the prior-
ity problems that exist now and continuing in the  direction
established  under these principles, over time we can signifi-
cantly enhance environmental quality on reservation lands.
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 reserva-
tion lands.To meet this objective, the Agency will pursue the
following principles:


EPA  recognizes Tribal Governments as sovereign  entities
with primary  authority  and  responsibility for the reserva-
tion populace. Accordingly, EPA will work directly with Tribal
Governments as the independent authority for reservation
affairs, and  not as political subdivisions of States or other
governmental units.


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 tra-
ditionally involved the interests and/or participation of State
Governments, EPA will look directly to Tribal Governments to
play this lead  role for matters affecting reservation environ-
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 what we provide State Governments. The
Agency will encourage tribes to assume delegable responsi-
bilities, (i.e. responsibilities which the Agency has traditionally
delegated to State Governments for non-reservation lands)
under terms similar  to  those governing  delegations  to

Until Tribal Governments are willing  and able to assume
full responsibility for delegable programs, the Agency will
retain responsibility for managing programs for reservations
(unless the State has an expressed grant of jurisdiction from
Congress sufficient to support delegation to the State Gov-
ernment). 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 manage-
ment of reservation programs.


A number of serious constraints and uncertainties in the lan-
guage 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 e effectively with tribes consistent with this Policy,
we will seek to remove those impediments.


EPA recognizes that a trust responsibility derives from the
historical 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.


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 is not intended to
lend Federal support to anyone 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.


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 relation-
ships of our respective organizations and to  assist tribes in
developing and managing environmental programs for res-
ervation lands.


In those cases where facilities owned or managed by Tribal
Governments  are not in compliance with federal environ-
mental statutes, EPA  will work  cooperatively with Tribal
leadership to  develop means to  achieve compliance, pro-
viding 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: (I) 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 in 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 noncompliance  by private
parties on Indian reservations as the Agency would to non-
compliance by the private sector elsewhere in the country.
When 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.


It is a central purpose of this effort to ensure that the principles
of this Policy are effectively institutionalized by  incorporat-
ing them into the Agency's ongoing and long-term planning
and management processes. Agency managers will include
specific programmatic actions designed to resolve problems
on Indian reservations in the Agency's existing fiscal year and
long-term planning and  management processes.

Appendix B

The Presidential Executive Order 13175:
Consultation and Coordination with Indian Tribal
Governments, November 6,2000
By the authority vested in me as President by the Constitu-
tion and the laws of the United States of America, and in
order to establish regular and meaningful consultation and
collaboration with tribal officials  in  the development of
Federal policies that have tribal implications, to strengthen
the United States government-to-government relationships
with Indian tribes, and to reduce the imposition of unfunded
mandates upon Indian tribes; it is hereby ordered as follows:

Section 1. Definitions. For purposes of this order:

(a) "Policies that have tribal  implications" refers to  regula-
tions, legislative comments  or proposed legislation, and
other policy  statements or  actions that have  substantial
direct effects on one  or more Indian tribes, on the relation-
ship between the Federal Government and Indian tribes, or
on the distribution of power and  responsibilities between
the Federal Government and  Indian tribes.

(b) "Indian tribe" means an  Indian or Alaska Native tribe,
band, nation, pueblo, village, or community that the Secre-
tary of the Interior acknowledges to exist as  an Indian tribe
pursuant to the Federally Recognized Indian tribe List Act of

(c) "Agency" means any authority of the United States that is
an "agency" under 44 U.S.C. 3502(1), other than those consid-
ered to be independent regulatory agencies, as defined in 44
U.S.C. 3502(5).

(d) "Tribal officials" means elected or duly appointed officials
of Indian tribal governments or authorized intertribal orga-

Sec. 2. Fundamental Principles. In formulating or implement-
ing policies that have tribal implications, agencies  shall be
guided by the following fundamental principles:

(a) The United States has a unique legal relationship with
Indian tribal governments as set forth in the Constitution
of the United States, treaties,  statutes, Executive Orders, and
court decisions. Since  the formation of the Union, the United
States has recognized Indian tribes as domestic dependent
nations  under its protection. The Federal Government  has
enacted  numerous  statutes and promulgated  numerous
regulations that establish and define a trust relationship with
Indian tribes.

(b) Our Nation, under the law of the United  States, in accor-
dance with treaties, statutes, Executive Orders, and judicial
decisions, has recognized the right  of Indian tribes to self-
government. As domestic dependent nations, Indian tribes
exercise inherent sovereign powers over their members and
territory. The  United States  continues to work with Indian
tribes on  a government-to-government basis  to address
issues concerning Indian tribal self-government, tribal trust
resources, and Indian tribal treaty and other rights.

(c) The United States recognizes the right of Indian tribes to
self-government and supports tribal sovereignty and  self-
determination. Sec. 3. Policymaking Criteria. In  addition to
adhering to the fundamental principles set  forth in section
2, agencies shall adhere, to the extent permitted by law, to
the following criteria when  formulating and implementing
policies that have tribal implications:

(a) Agencies shall respect Indian tribal self-government and
sovereignty, honor tribal treaty and other rights, and strive
to meet the responsibilities that arise from the unique legal
relationship between the Federal Government  and Indian
tribal governments.

(b) With  respect to Federal statutes and regulations adminis-
tered by Indian tribal governments, the Federal Government
shall grant Indian tribal governments the maximum admin-
istrative discretion possible.

(c) When undertaking to formulate and  implement policies
that have tribal implications, agencies shall: (1) encourage
Indian tribes to develop  their own  policies  to achieve
program objectives; (2) where possible, defer to Indian tribes
to establish standards; and  (3) in determining  whether to
establish Federal standards, consult with tribal officials as
to the need for Federal standards and any alternatives that
would limit the scope of Federal standards or otherwise pre-
serve the prerogatives and authority of Indian tribes.

Sec. 4. Special Requirements for Legislative Proposals. Agencies
shall not submit to the Congress legislation that would be
inconsistent with the policymaking criteria in Section 3.

Sec. 5.Consultation.

(a) Each agency shall have an accountable process to ensure
meaningful and timely input by tribal officials in the devel-
opment of regulatory policies that have tribal implications.
Within 30 days after the effective date of this order, the head
of each agency shall designate an official with principal
responsibility for the agency's implementation of this order.
Within 60 days of the effective date of this order, the desig-
nated official shall submit to the Office of Management and
Budget (OMB) a  description of the agency's consultation

(b) To the extent practicable and permitted by law, no agency
shall promulgate any regulation that has tribal implications,
that imposes substantial direct compliance costs on  Indian
tribal governments, and  that  is not required by statute,

(1) funds necessary to pay the direct costs incurred by the
Indian  tribal  government or the tribe in  complying with the
regulation are provided by the Federal Government;or

(2) the agency, prior to the formal promulgation of the regu-
lation, (A) consulted with tribal officials early in the process of
developing the proposed regulation;

(B) in a separately identified portion of the preamble to the
regulation as it is to be issued in the Federal Register, provides
to the  Director of OMB a tribal summary impact statement,
which consists of a description of the extent of the agency's
prior consultation with tribal officials,  a summary of the
nature of their concerns and the agency's position support-
ing the need to issue the regulation, and a statement of the
extent to which the concerns of tribal officials have been met;
and (C) makes available to the Director  of OMB any written
communications submitted to the agency by tribal officials.

(c) To the extent practicable and permitted by law, no agency
shall promulgate any regulation that has tribal implications
and that preempts tribal law unless the  agency, prior to the
formal promulgation of the regulation,

(1) consulted with tribal officials early in the process of devel-
oping the proposed regulation;

(2) in a separately identified portion of the preamble to the
regulation as it is to be issued in the Federal Register, provides
to the Director of OMB a tribal summary impact statement,
which consists of a description of the extent of the agency's
prior  consultation with tribal  officials, a summary of the
nature of their concerns and the agency's position support-
ing the need to issue the regulation, and a statement of the
extent to which the concerns  of tribal officials  have  been
met; and

(3) makes available to the Director of OMB any written com-
munications submitted to the agency by tribal officials.

(d) On issues relating to tribal  self-government, tribal trust
resources, or Indian tribal treaty  and other rights,  each
agency should explore and, where appropriate, use con-
sensual mechanisms for developing regulations, including
negotiated rulemaking.

Sec. 6. Increasing Flexibility for Indian Tribal Waivers.

(a) Agencies shall review the processes under which Indian
tribes apply  for waivers of statutory and regulatory require-
ments and  take appropriate  steps to  streamline those

(b) Each agency shall, to the extent practicable and  permit-
ted by law, consider any application by an Indian tribe for a
waiver of statutory or regulatory requirements  in connec-
tion with any program administered by the agency with a
general view toward increasing opportunities for utilizing
flexible policy approaches at the Indian tribal level in cases in
which the proposed waiver is consistent with the applicable
Federal policy objectives and is otherwise appropriate.

(c) Each agency shall, to the extent practicable and  permit-
ted by law, render a  decision upon a complete application
fora waiver within 120 days of receipt of such application by
the agency, or as otherwise provided by law or regulation.
If the  application for waiver is not granted, the agency shall
provide the applicant with timely written notice of the deci-
sion and the reasons therefor.

(d)  This section  applies only  to   statutory  or  regulatory
requirements that are discretionary  and subject to waiver by
the agency.

Sec. 7. Accountability.

(a) In  transmitting any draft final regulation that has tribal
implications  to OMB pursuant to Executive Order 12866 of
September 30,1993, each agency shall include a certification
from the official designated to  ensure compliance with this
order stating that the requirements of this order have  been
met in a meaningful and timely manner.

(b) In transmitting proposed legislation that has tribal impli-
cations to OMB, each agency shall include a certification from
the official designated to ensure compliance with this order
that all relevant requirements of this order have been met.

(c) Within 180 days after  the  effective date of this order
the Director of OMB and the Assistant to the President for
Intergovernmental Affairs shall  confer with tribal officials to
ensure that this order is being properly and effectively imple-

Sec. 8. Independent Agencies. Independent regulatory agen-
cies are encouraged to comply with the provisions of this

Sec. 9. General Provisions.

(a)  This order shall supplement  but not  supersede the
requirements contained in Executive Order 12866 (Regu-
latory Planning and Review), Executive Order 12988  (Civil
Justice Reform), OMB Circular A-19, and the Executive Mem-
orandum of April 29, 1994, on Government-to-Government
Relations with Native American  Tribal Governments.
(b) This order shall complement the consultation and waiver
provisions in sections 6 and 7 of Executive Order 13132 (Fed-

(c) Executive Order 13084 (Consultation and Coordination
with Indian Tribal Governments) is revoked at the time this
order takes effect.

(d) This order shall be effective 60 days after the date of this

Sec. ]Q.Judicial Review. This order is intended only to improve
the internal management of the executive branch, and is not
intended to create  any  right, benefit, or trust responsibil-
ity, substantive or procedural, enforceable at law  by a party
against the United States, its agencies, or any person.


November 6,2000

Appendix C

EPA 2003 Strategic Plan, Five Goals of the Agency

The Agency's 2003 Strategic Plan, serves as a road map for
the next five years. It includes five long-term goals to guide
future efforts of the Agency and also assess the current prog-
ress towards Agency goals. The five goals are based on the
themes of air and global climate change, water, land, commu-
nities and ecosystems, and compliance and environmental
stewardship. These themes reflect EPA's mission, "to protect
human health and the natural environment."

In addition, the Plan discusses strategies the Agency is apply-
ing across all five goals, in  areas such as science, human
capital, innovation, information, homeland security, partner-
ships, and economic and policy analysis.

Goals of the 2003 Strategic Plan
   Clean Air and Global Climate Change

   Clean and Safe Water

   Land Preservation and Restoration

   Healthy Communities and Ecosystems

   Compliance and Environmental Steward-
          Readers can visit www.epa.gov/ocfopage/plan/plan.htm to gain
                    access to the EPA 2003 Strategic Plan document.

Appendix D

EPA OPPTS National Program Manager Guidance
to Regions, FY 2005-2007

The Office of Prevention, Pesticides, and Toxic Substances
(OPPTS)  recently  issued  the  National  Program Manager
Guidance to Regions in hopes of "...addressing the critical
Regional activities that are directed at achieving the goals
for environmental and public health protection contained in
the Agency's Strategic Architecture."

Following is a reprint  of the Introduction  and Executive
Summary listed in the  original document. For the  remain-
ing text captured in the OPPTS National Program Manager
Guidance,  readers   can   visit  www.epa.gov/ocfopage/

The OPPTS NPM Guidance for 2005-2007 addresses the criti-
cal Regional activities that are directed at achieving the goals
for environmental and public health protection contained in
the Agency's Strategic Architecture.Included in the Guidance
are priority program areas that were identified by the Office
of Pesticide Programs (OPP), the Office of Pollution  Preven-
tion and Toxics (OPPT) and the Regions.

OPP's Regional Performance Priorities include (1) Pesticides
& Endangered Species, (2) Pesticide Worker  Safety and (3)
FQPA/Strategic  Agricultural Initiative  (SAI). Acting  on a
request from the Regions, the Pesticides & Water Resource
Protection program was added to the priority program  list.
OPPT's Regional Performance Priorities include critical activi-
ties within Lead, Pollution Prevention, PCB's, Asbestos, HPV/
VCCEP and Mercury programs. OPPT asks the  Regions to pay
particular attention to the critical areas of Lead and Pollution

These performance priorities align with the Agency's new
five-goal  Strategic Plan Architecture and are focused  in Goals
2,4 and 5. The priorities also contribute to the accomplish-
ment of the Administrator's 500 Day Plan.
OPPTS will soon finalize a five-year Tribal Strategic Plan that
identifies priority activities for strengthening environmen-
tal and health protection in Indian country and other tribal
areas Including in Alaska. Beginning  in FY 2005, the Regions
are asked to participate in the development of an annual
tribal activities plan called for in the Strategic Plan.

Regions are also asked  to continue their efforts  to  build
relationships with  the  tribes, which  serve to strengthen
Tribal capacity  and  infrastructure. Further,  Regions are
asked to encourage staff and management to participate
in the Working Effectively with Tribal Governments training
seminar to enhance their ability to work with our tribal part-
ners. In addition to the Tribal program, OPPTS recognizes that
cross-cutting considerations such as Environmental Justice
(EJ) and Children's Health should be factored into the imple-
mentation approaches for program priorities.

In another important arena, OPPTS has constituted and con-
vened two meetings of the National Pollution Prevention and
Toxics Advisory  Committee (NPPTAC), intended to provide
broad advice and guidance concerning the direction and
content of a wide variety of OPPTS  programs. NPPTAC may
recommend actions that will materially affect this Guidance.
Any adjustments to the Guidance will be made as part of
the overall planning/ budgeting/accountability process. Fol-
lowing are highlights of the key components  of the OPPTS

OPPTS is collaborating with FWS and the National Marine
Fisheries Service (NMFS) to improve our efforts to protect
endangered species. We will be working to identify changes
to existing policies, regulations.and the regulatory processes
that will enhance protection of endangered species with
minimal impact  on  food  producers and pesticide users. EPA
is also strengthening endangered species risk assessment/
effects determinations processes as well  as implementation
protection efforts in the field. These efforts will be closely
monitored and include a plan to measure outcomes.

Protection, Pesticide Applicator
Certification & Training, and Outreach to Health Care Provid-
ers) OPPTS will collaborate with States/tribes, other federal
agencies,  industry groups, trade organizations, advocacy
groups, community-based  organizations,  the   regulated
community and other program stakeholders  on efforts
to improve the health, safety and protection of pesticide
workers. This includes agricultural workers, private applica-
tors (farmers) and their family members working  around
pesticides, pest control operators, pesticide mixers/loaders/
handlers, and the full range of other workers that may work
with or around pesticides. EPA will strive to assure  the protec-
tion and safety of pesticide workers by making a  number of
regulatory program improvements and enhancements, and
by working with States/tribes and our other regulatory part-
ners to ensure the regulated community is in full compliance
with applicable regulations that are designed to protect pes-
ticide workers. EPA will also work to improve pesticide worker
health and safety through: compliance assistance to the reg-
ulated community; outreach/education programs; pesticide
safety training programs; community-based grant programs;
risk-based targeting approaches; outreach  to health care
providers that treat pesticide-related illnesses; and, a variety
of other innovative approaches. Measuring outcomes is criti-
cal to gauging program success.

Strategic Agricultural Initiative (SAI) staff will work with U.S.
producers to implement 1-3 model agricultural partnership
projects a  year  (per Region) that utilize the SAI Toolbox - to
be released in May 2004.These projects will demonstrate and
facilitate the adoption of farm management decisions and
practices that provide growers with a "reasonable transition"
away from the highest risk pesticides, as mandated by FQPA.
All SAI  grant proposals in the future must include a plan to
measure outcomes.

OPPTS will protect water resources from pesticide contamina-
tion. EPA, States and tribes will identify and mitigate adverse
effects  to  water resources from registered  pesticides. The
Office of Pesticide Programs (OPP), the Office of Water and
Regions will develop guidance on protecting water resources
from pesticides. Progress in protecting water resources from
pesticides will be closely monitored and outcome measures
will be included in all plans developed for this effort.

On April 13, OPPT is convening a meeting of Regional Divi-
sion Directors responsible for the Lead program for a variety
of strategic  discussions  concerning future directions of
this major program. The regions have proposed  different
approaches to deal with the problem of lead- poisoned chil-
dren and positions EPA to meet its strategic goal  for 2010.
Headquarters and regional management need to select the
combination of approaches that offers the  most promise
for an effective national program to achieve this goal. Once
agreement has  been  reached  on program direction, OPPT
will meet with first-line  regional supervisors and  selected
states to discuss implementation strategies. We anticipate
that a set of approaches, implementation steps, and plan for
any needed redirection of resources will be in place in fiscal
year 2005. Shortly thereafter, we will revise this Guidance to
include any new strategies, measures, and need for regional
commitments that result from this process.

OPPT is  revamping the pollution prevention  program from
a series  of pilot efforts in P2 to selecting from among the
pilots that were most successful to expand them  into a
national effort. As part of this effort to more narrowly focus
the program, we are asking the regions to make every effort
to incorporate P2 into every agreement with  the states and
tribes and as a consideration for media program and enforce-
ment actions taken. At the same time, headquarters P2 staff
and managers will approach other headquarters programs to
ensure that P2 is included in their guidance, their grant guid-
ance, their policies, etc.This two-pronged approach offers the
best chance of success for integrating P2 into day-to-day pro-
grammatic activities and decision-making across the Agency.
We anticipate that an agreed-upon set of approaches, imple-
mentation steps, and a plan for  any redirection of resources
will be in place in FY 2005. Shortly thereafter we will revise
the NPM Guidance to include any new strategies, measures
and the  need for reporting that result from this process.

                        Washington. D.C.. 20460

SUBJECT:   2005-07  National Program Manager (NPM) Guidance to Regions

FROM:      Susan B. Hazcn  s
            Principal Deputs Assistant Administrator

TO:         OPPTS Regional Ois ision Directors IX

      I am pleased to transmit the final OPPTS .\mioaal Program Manager GuiJunci
(2005-0" i. This guidance is the result of a participatory dialogue with the Regions. States
and Tribes. Thank sou lor your assistance in the process ;uid 1 trust that sou see that the
comments that OPPTS received from the Regions. States and Tribes have had a
significant impact upon the final shape of our NPM guidance. The guidance also
strengthens our ability to measure  for results and supports the Administrator's principle
ot'a "belter iun " Accomplishing the objectives identified in the NPM guidance also
supports the achievement of the many specific programs presented in the  Administrator's
filf> Day Plan

      The OPPTS NPM Guidance for 2005-07 addresses the critical Regional activities
that are directed at achieving the goals tor environmental and public health protection
contained in the Agency's Strategic Architecture Included in the Guidance arc priority
program areas that were identified by the Office of Pesticide Programs (OPP). the Office
of Pollution Prevention and Toxics (OPPT) and the Regions.

      OPP's Regional Perfiirmunce Priorities include (1) Pesticides & Endangered
Species. (2) Pesticide Worker Safety and (3) FQPAv Strategic Agricultural Initialise
(SA1) Acting on a request  from the Regions, the Pesticides & Water Resource Protection
program was added to the priority  program list. OPPT's Rf^i'uiul Performance /V/on'/K'.v
include critical activities within Lead. Pollution Prevention. PCB's. Asbestos. HPV
VCCEP and Mercury programs. OPPT asks the Regions to pay particular attention to the
critical areas of Lead and Pollution Prevention. These performance pnorities align w ith
the Agency's new five-goal Strategic Plan Architecture and are focused in Goals 2, 4
and five.
                                            fi,,,-,.  'nad*non Oppr,

                                                    ^        ">

Appendix E

The Office of Program Management and Opera-
tions (OPMO)
OPMO is part of the Immediate Office (IO) of the Assistant
Administrator for Prevention, Pesticides and Toxic Substances
and has  overall coordination responsibility for the OPPTS
Tribal  Program  within the  Assistant  Administrator's Office
and across the Agency .

OPMO coordinates and manages administrative, personnel,
budget, information  technology and multi-media special
emphasis programs and related activities for the Assistant
Administrator (AA) and other high ranking officials in the
AA's Office. Generally, OPMO provides consultation, analysis
and program support services to OPPTS 10 Senior Manage-
ment and program staff.

OPMO personnel  act and speak for the IO, as directed by
senior management, on policy and program  issues. OPMO
staff also provide an advisory and liaison function across the
Agency and with external partners. Further, they work with
EPA subject matter experts and specialists, members of other
federal agencies,state,tribal,and local governments, industry
groups, environmental organizations and private individuals
to formulate and implement programs and policies.

The Office of Pesticide Programs (OPP)
OPP implements the requirements of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) and the Federal Food,
Drug, and Cosmetic Act (FFDCA), both of which were revised
by the Food Quality  Protection Act  (FQPA)  in 1996. OPP
regulates the use  of all pesticides in the United States and
establishes maximum tolerance levels for pesticide residues
in food, in order to safeguard the nation's food supply.

OPP works closely with EPA's Office of Enforcement and Com-
pliance Assurance (OECA), the ten EPA regions, states, tribes,
industry, environmental groups, and the concerned public to
promote responsible use, management, sale and distribution
of pesticides.  The sharing  of experiences that accompa-
nies close involvement with interested parties helps OPP to
conduct sound scientific pesticide risk assessments, make
balanced risk management decisions for the  use of individ-
ual pesticides, and ensure nationally consistent compliance
and enforcement of pesticide regulations by EPA, tribes and

  Key OPP Field Programs

  • Protection of agricultural workers and handlers from
    pesticide exposure risks
  • Certification and training of pesticide applicators
  • Ground and surface water quality management
  • Safe storage and disposal of pesticides
  • Endangered species protection
  • Other emerging areas of concern.
In addition to its regulatory functions, OPP provides informa-
tion, coordination, education and outreach on issues ranging
from worker protection to preventing misuse of pesticides.

OPP participates in a number of partnerships related to pesti-
cide use. The Pesticide Environmental Stewardship Program
is a voluntary private and public network dedicated to reduc-
ing  pesticide use and  risk. The Consumer Labeling initiative
is an effort  to ensure  that pesticide labels explain safe use,
storage and disposal  procedures in easily understood lan-
guage.  OPP's efforts in  Integrated  Pest Management (IPM),
which encourages the development and implementation of
alternative pest management techniques in all arenas, focus
attention on ensuring the safety of our nation's school chil-

OPP Tribal  Program staff members are currently working
with EPA regional tribal pesticides staff and colleagues in
other EPA programs,  tribal representatives,  Tribal Pesticide
Program Council (TPPC), members, and other tribal experts
to determine the impacts of pesticides on traditional tribal
cultural lifeways.  The findings of this analysis will be shared
across the Agency and with tribes  throughout the country.
(The larger  role of the TPPC and its partnership with  OPP is
discussed in greater detail elsewhere in this report.)

OPP promotes in-house continuing education and under-
standing of tribal history  and sovereignty, the  federal
government's  trust responsibility  to federally-recognized
tribes and other uniquely tribal socio-cultural, economic and
political issues, through formal trainings such as the Working
Effectively with Tribal Governments course and informal
                                                   S      N

events featuring tribal speakers, informational videos, and
other educational media.

The Office of Pollution Prevention and Toxics (OPPT)
OPPT was formed in 1977 with the primary responsibility for
administering the Toxic Substances Control Act (TSCA). This
law covers the production and distribution of commercial
and industrial chemicals in the United States.

OPPT has responsibility  for assuring that chemicals made
available for sale and use in the United States do not pose
adverse risks to human health or to the environment. OPPT's
responsibility was expanded with the passing of the Pollution
Prevention Act of 1990 (PPA). This Act established pollution
prevention as the national policy for controlling industrial
pollution at its source.

OPPT also manages the  Agency's Chemical Right-To-Know
Initiative, the  Design  for  the  Environment  (DfE),  Green
Chemistry, and  Environmentally Preferable Products  (EPP)
programs; and the Lead,  Mercury, Asbestos, Polychlorinated
Biphenyls (PCBs), and  Persistent  Bioaccumulative  Toxics
(PBTs) programs.

OPPT has organized training for OPPT employees, including
Working Effectively with Tribal Governments, which provides
information on tribal cultures and values,and on the legal and
historical basis for the unique relationship that exists between
federally-recognized tribes and the federal government.

  OPPT focuses on the following four primary areas:

  • Promoting pollution prevention as the guiding prin-
     ciple for controlling industrial pollution;

  • Promoting safer chemicals through a combination of
     regulatory and voluntary efforts;

  • Promoting risk reduction to minimize exposure  to
     existing substances such as lead, asbestos, dioxin, and
     PCBs; and

  • Promoting public understanding of risks by providing
     understandable.accessibleand complete information
     on chemical risks to the broadest audience possible.

The Office of Science Coordination and Policy
OSCP provides  coordination, leadership, and peer review
of science and science policy within OPPTS. Program areas
under OSCP  include biotechnology, endocrine disrupters
and the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) Scientific Advisory Panel (SAP).

OSCP's main  focus is providing advice and  leadership  on
cross-cutting  science policy issues and emphasizing quality
science and emerging scientific and technical issues. OSCP
provides  science  support and advisory functions within

• Making available a core group of senior science advisors
   with a  wide range of expertise in risk assessment, provid-
   ing a means for scientists to work on short term projects as
   a growth, training or sabbatical opportunity;

• Centralizing some key functions such as peer review imple-
   mentation  including management of the FIFRA Scientific
   Advisory Panel (SAP); and

• Increasing  science outreach activities.

The Role of  the Office of Enforcement and Compli-
ance Assurance (OECA)
The  Office of  Enforcement  and  Compliance  Assurance
(OECA), working in  partnership with  EPA regional offices,
state governments,  tribal governments and other federal
agencies, ensures compliance with the  nation's environmen-
tal laws.  Employing an integrated approach of compliance
assistance, compliance incentives and innovative civil and
criminal enforcement.OECA and its partners seek to maximize
compliance and reduce threats to public health and the envi-
ronment.  To  implement this approach OECA sets national
compliance assurance and enforcement priorities  through
strategic planning  and targeting; collecting and intergrating
compliance data; developing effective compliance monitor-
ing programs  to support inspections and self-reporting; and
building the capacity for more effective compliance assis-
tance to  the  regulated community; improving the quality
of regulations. OECA is also responsible for implementing
compliance assistance, compliance monitoring, and enforce-
ment programs under the Federal Insecticide, Fungicide and
Rodenticide Act and the Toxic  Substance Control  Act and
for managing  state, territorial, and tribal pesticide and toxic
enforcement cooperative agreement programs.  In partner-
                                                  S     N


ship with its state, territorial, and tribal counterparts, OECA
monitors compliance with the sale, distribution and use of
pesticides and pesticidal devices.

As it relates to tribes, OECA supports EPA's broader mission
of protecting human health and the environment on tribal
lands. The program's overall aim, consistent with the EPA's
Tribal  Policies and  Initiatives, is to improve compliance in
Indian Country in a manner that recognizes the sovereignty
of Tribal  governments. The Enforcement and Compliance
Assurance Tribal Program and the EPA Regional Offices work
with Indian tribes  on a  government-to-government  basis
to identify compliance assistance, monitoring, enforcement
and capacity building issues affecting Indian communities.
Strategies are developed to address these issues, including
the development of compliance  monitoring programs in
Indian country. OECA is also working with a number of tribes
to develop and implement tribal pesticide compliance and
cooperative enforcement programs in Indian country. Addi-
tionally, OECA works with the Tribal Operations Committee
and the National Environmental Justice Advisory Council's
Indigenous Peoples Subcommittee and Enforcement Sub-
committee on overall compliance and enforcement issues
on Indian lands and participates with OPP at the Tribal Pesti-
cide Program Council meetings.
EPA Regional Role
The EPA regional offices provide input in the development of
Agency rules, regulations, strategies, and operating policies.
They provide technical assistance, guidance and financial
support to Indian tribes, states, local governments, and
interests groups and associations that develop and provide
protective programs for human health and the environ-

The  regional offices work in partnership with states and
Indian  tribes to implement pesticide, toxics, and pollution
prevention programs, and are responsible for program over-
In some cases, the regions conduct direct implementation
and enforcement of non-delegated programs. Tribal govern-
ments work cooperatively with EPA to reduce risk associated
with lead, PCBs, asbestos, and PBTs. Tribes with  EPA-funded
pesticide programs work to ensure compliance with pesti-
cide laws in their Indian country.  The regional staffs serve as
the primary communication link between the Indian tribes,
states,  local  governments, other stakeholder groups and
EPA's national program offices.

Appendix F
Tribal Participants at the OPPTS Tribal Strategic Plan Focus Group Meetings
 Seattle, Washington, August 23,2001
 Participant Name          Participant's Affiliated
                              Carlton, Minnesota, October 18,2001
 Marie Nelson

 Lydia Olympic

 Chris Porter
 Roland Shanks
 Eric Gjevre

 Diana Boquist
 Marie McPeak
 Tiffany Allgood

 Chris M.Gannon

 Kathleen Feehan

 Moses D. Squeochs
 Alan Moomaw
 Scott Sufficool
 Carole Holley

 Phil Robinson
 Caren Rothstein-Robinson
 Karen Rudek
 Fran Stefan

Igivgig Tribal Village
Igivgig Tribal Village
Nez Perce Water Resources
Alaska Inter-Tribal Council
Cour d'Alene Tribe Circuit
EPA Region 10,Tribal Office
EPA Region 10, Tribal Office
Cour d'Alene Tribe, Natural
Resources  Department,
Environmental Office
Confederate Tribes of Warm
Confederate Tribes of
Grand Ronde, Oregon
Yakima Nation
EPA Region 10
EPA Region 10,Tribal Office
Louden Tribal Council,
Galona, Alaska
EPA Region 10, Office of
Waste and Chemical
EPA Region 10, Alaska
                              Participant Name
Caren Rothstein-Robinson
Karen Rudek
Scott Doig
Michelle Big John

Al Baird
Gary Schuettpelz
Marilyn Whitens
Inga Bock

Fred VandeVenter

Bill Smith

Ken McBride

Mark O'Harrow

Mark Versch

Christine Berini
                          Participant's Affiliated
Mille Lacs Band of Ojibwe
Lac de Flabeau Tribe, Lead
Oneida Tribe
Menominee Tribe
LacVieux Desert
Inter-Tribal Council of
Fond du Lac Band of Lake
Superior Chippewa
Red Lake Band of
Red Lake Band of
Winnebago Tribe of
Winnebago Tribe of
Fond du Lac Band of Lake
Superior Chippewa

Denver, Colorado, October 29,2001
Participant Name
Claire Ware

Baptiste Weed

Kenneth Timbana

Cliff Johnson

Deb Madison
Tom Rice

Tom Brown

Fran King Brown

Rhonda L Azure

Sadie Hoskie

Adolph Cadue
Gerald Wagner
James Hickman
Larry Ekhoff
Participant's Affiliated
Wind River Environmental
Quality Commission
Wind River Environmental
Quality Commission
Northwestern Band of the
Shoshone Nation
Yankton Sioux Tribe
Environmental Protection
Fort Peck Tribes
Ute Mountain Ute
Environmental Department
Southern Ute Utility
Southern Ute Indian Tribe
Environmental Department
Turtle Mountain Band of
EPA Region SJribal Affairs
Kickapoo Tribe in Kansas
Blackfeet Tribe of Montana
Three Affiliated Tribes
Quapaw Tribe of Oklahoma
                          EPA OPPTS
                          EPA OPP
                          EPA Region 10
                          EPA Region 10, Alaska
                          Alaska Inter-Tribal Council
                          Alaska Inter-Tribal Council
                          Native Village of Eyak
                          Chickaloon Village
                          Traditional Council
Anchorage, Alaska, October 30,2001
Participant Name          Participant's Affiliated
Caren Rothstein-Robinson
Karen Rudek
Scott Sufficool
Santina Baumeister
Roland Shanks
Lorena Skouberg
Kate Williams
Angle Walle

Elsie Sampson
Jean Gamache
Marty Waters

V. Hykes Steere
Art Ivanoff
Violet Yeaton

Tom Evans
Joe Williams

Lydia Olympic

Lee Stephan

                          Noorvik Native Community
                          EPA Region 10, Alaska
                          Native American Fish and
                          Wildlife Society
                          Village  of Unalakleet
                          Port Graham Village
                          Seldovia Village Tribe
                          Organized Village of
                          Igivgig Tribal Village
                          Eklutna Village

Tucson, Arizona, December 10,2001
Participant Name
Marshall K.Cheung
Desi Vela

Scott Bulgrin
Erin Dean
David Todd

William Campbell

Michael Vaughn

Henry Ghiotto

John Roanhorse
Margaret Cook

Gayl Shingotewa-Honanie

Eileen Lopez

Cathy Garcia

Jim Fletcher
Denise Moreno

Faith Soto

Ken Cronin

Earl Bautista

Cornelius D.Antone

George E. Bennett, former
Harrilene Yazzie
Participant's Affiliated
29 Palms Tribal EPA
Ewwiiaapaayp Band of
Kumeyaay Indians
Pueblo of Sandia
Kaibab Piaute
Chemehuevi Indians of
Southern California
Tohono O'odham Nation,
Water Resources
Navajo Nation EPA
Inter Tribal Council of
Arizona, Inc.
Quechan Tribe Pesticide
Institute for Tribal
Professionals at Northern
Arizona University
Gila River Indian
Hop! Environmental Protec-
tion Office
Tohono O'odhan Nation,
Pesticide Program
University of Arizona, AISP
Master Program
Udall Center for Studies in
Public Policy, University of
Tohono O'odham
Nation, Pollution
Prevention Program
Tohono O'odham Nation
USET,Washington, D.C.January 30,2002
Participant Name          Participant's Affiliated

Tohono O'odham Nation
Tohono O'odham Nation
Grand Traverse Band of
Ottawa/Chippewa Indians
Fort McDowell Yavapai
Laura Lee
Robert Thrower
Calvin Murphy

Steve Stilwell

Cherise Maples

Bernadette Hudnell

Dean Canty
Jim Brown

Phil Robinson
Fred Corey

Jeff Day

Jim Sappier
Teresa Harris
Pat Durham

Ken Green
Es Dempsey
Gene Duncan
Poarch Creek Indians
Poarch Creek Indians
Eastern Band of Cherokee
Micosukee Tribe of Indians
of Florida
Eastern Band of Cherokee
Mississippi Band of
Catawba Indian Nation
U.S. Fish and Wildlife
Aroostook Band of
Wampanoag Tribe Natural
EPA Region 1
EPA Region 1
Catawba Indian Nation
U.S. Fish and Wildlife
Indian Health Service
National Native News
Micosukee Tribe of Indians
of Florida

Appendix G
TPPC Representatives
The Forum on States and Tribal Toxics Action
(FOSTTA) and Tribal Pesticide Program Council
(TPPC) Representatives

FOSTTA Representatives

EPA Region 1
Fred E.Corey, FOSTTA TAP Co-Chairperson,
Environmental Director, Aroostook Band of Micmacs
Trevor White, FOSTTA TAP Alternate,
Environmental Planner, Passamaquoddy Indian Township

EPA Region 2
Ken Jock, Environmental Division Director,
St. Regis Mohawk Tribe

EPA Region 4
Laura Cook, Poarch Band of Creek Indians

EPA Region 5
Jeff Mears, Oneida Tribe of Indians of Wisconsin
Christine Berini, Fond du Lac  Reservation
EPA Region 6
Nancy John, Office of Environmental  Service Intertribal
Environmental Council, Cherokee Nation
Keith Manwell.Jicarilla Apache Nation

EPA Region 7
Amen Sheridan, Pesticide Administrator Officer, Environmen-
tal Protection  Department, Omaha Tribe
Tony  Provost,  Director,  Environmental  Protection  Depart-
ment, Omaha Tribe

EPA Region 8
Kim  Clausen Jensen, Environmental Director, Oglala Sioux
Gerald Wagner, Environmental  Director, Blackfeet Tribe of
EPA Region 9
Calvert L.Curley, Department Director, Environmental
Protection Agency, Navajo Nation

EPA Region 10
Art Ivanoff, Native Village of  Unalakleet
Shawna Larson, Native Village of Chickaloon
Jerry Pardilla, Deputy Director, Alaska Inter-Tribal Council
Lil Wilmore,TPPC Coordinator, Native Ecology Initiative
Bob Abdo,Yankton Sioux Tribe
Jefferson Biakeddy, Navajo Nation
Michiko Bond, Southern Ute Indian Tribe
Gary Burns, Shoalwater Bay Indian Tribe
Diania Caudell,California Indian Basketweavers Association
William Cleveland, Colville Confederated Tribes
Fred Corey, Aroostook Band of Micmacs
Ken Cronin.Tohono O'Odham Nation
Calvert Curley, Navajo Nation
Chris Devers, Pauma/Yuima Band of Mission Indians
Latane N. Donelin, Prairie Band Potawatomi Nation
Kesner Flores, Cortina Rancheria
Henry Ghiotto, Quechan Indian Tribe
Eric Gjevre, Coeur d'AleneTribe
Marco Guske.Yakama Nation
Art C. Ivanoff, Native Village of Unalakleet
Katie Larson, Fond du Lac Band of Chippewa
Walter Linton, Pauma/Yuima Band of Mission Indians
Eileen Lopez,Tohono O'Odham Nation
Keith C. Manwell.Jicarilla Apache Nation
Kevin McKernan,YurokTribe
Lori McKinnon.YurokTribe
Kelly Mills, Fort Mojave Indian Tribe
Ralph Morris, Gila River Indian Community
Sheila B. Nanaeto, Southern Ute Indian Tribe
David Nash, Iowa Tribe of Oklahoma
Scott Palmer, Quapaw Tribe of Oklahoma
Jeremy Phillips, Salt River Pima-Maricopa Indian Community
Marcie Phillips, Shoshone Paiute Tribes of Duck Valley
Tom  Pietila, Lac Vieux Desert Band of Lake Superior Chippewa
Robin Powell, Pyramid Lake Paiute Tribe
Irving Provost, Oglala Sioux Tribe
Stuart Red Wing, Santee Sioux Tribe of Nebraska
Elroy Robertson, Colorado River Indian Tribes
Amen Sheridan, Omaha Tribe of Nebraska
Javier Silva, Sherwood Valley Rancheria
Moses Squeochs.Yakama Nation
Elaine White Pipe Thompson, Lower Brule Sioux Tribe
Gerald Wagner, Blackfeet Tribe of Montana
Elaine Wilson, Intertribal Council of Arizona

Appendix H
OPPTS Indian Program Contacts
(for questions on the Plan)
Caren Rothstein-Robinson
OPPTS Immediate Office

Mary Lauterbach
OPPT Environmental Assistance Division

Darlene Watford
OPPT National Program Chemicals Division

Louise Little
OPPT Pollution Prevention Division

Harry Lewis
OPPT Information Management Division

Phil Robinson
OPPT Environmental Assistance Division

OPPT Risk Assessment Division
Joe Boyd
OPPT Chemical Control Division

Georgia McDuffie
Marlene Regelski-Reddoor
EPA American Indian Environmental Office

Emma Avant
EPA Region 5

Dave Combs
EPA Region 8

Pam Cooper
EPA Region 10

                                           Helpful EPA Web Links

                                                EPA Home Page
                                Office of Prevention, Pesticides and Toxic Substances
                                             OPPTS Tribal Programs
                                          Links to EPA Program Offices
                                    The American Indian Environmental Office
                                 Office of Enforcement and Compliance Assurance
This document is intended to provide internal United States Environmental Protection Agency (EPA) guidance regarding
implementation of the national prevention, pesticide and toxic  programs.  It is designed to implement the April 29, 1994
Presidential Memorandum regarding government-to-government relations with  native American tribal governments and the
EPA Policy for the Administration of Environmental Programs on Indian Reservations ("Indian Policy"), which address working
with federally-recognized tribal governments on a government-to-government basis. This Plan does not, however, substitute
for requirements in federal statutes or regulations, nor is it a requirement itself. This Plan is not intended to create any right
or trust responsibility enforceable in any cause of action by any party against the United States, its agencies, or offices, or any
person.Thus, it cannot impose legally binding requirements on EPA, and may not apply to a particular situation, based upon
the circumstances. EPA may change this Plan in the future, as needed, without public notice. Additionally, terms and interpre-
tations used in this Plan are unique to and consistent with the federal trust responsibility to federally-recognized tribes, the
obligation to consult with tribal governments on a government-to-government basis, and the Indian Policy.These terms and
interpretations do not apply to situations where tribal governments are not involved and, therefore, cannot impose legally
binding requirements on EPA. EPA welcomes public comment on this Plan at any time, and will consider those comments in
any future revisions of the document.