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FOREWORD
This report documents another step by the U. S. Environmental Protection Agency
(EPA) and tribal governments toward the development of a lasting partnership in
environmental protection. EPA and the tribes are committed to establishing this
partnership on a government-to-government basis, and the activities described in this
report clearly indicate that progress is being made toward the achievement of that goal.
As you read this report, I hope you will share my enthusiasm concerning the progress
EPA and the tribes have made in a few short years. However, the fact that we can all
take pride in our accomplishments does not mean that our task has been completed.
EPA's new authority under the reauthorized Clean Air Act and the reauthorization of the
Tribal Multi-Media Assistance program for FY92 will enable EPA to increase its work
with tribes. As EPA and the tribes continue to work together I look forward to the
benefits our cooperative efforts will bring to future and present generations.
Habicht II
Administrator
CTION AGENCY
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TABLE OF CONTENTS
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
Introduction 2
Observations 3
Program Highlights 4
Matrix Data (Funding and Workyears) 6
Graph: Funding 7
Graph: Workyears 8
Program Offices:
Office of Air and Radiation 10
Air Programs 11
Radiation Programs 12
Office of Water 14
Clean Water Act Programs 15
Safe Drinking Water Act Program - UIC 23
Safe Drinking Water Act Program - PWSS 24
Groundwater Programs 27
Office of Prevention, Pesticides and Toxic Substances 29
Office of Solid Waste and Emergency Response 34
RCRA Programs 35
CERCLA/SARA Programs 42
Office of Enforcement 45
Multi-media Assistance Agreements 50
Office of Policy, Planning and Evaluation 55
Office of General Counsel/ Office of Regional Counsel 56
Regional Map 58
Indian Work Group Coordinators 59
Glossary of Acronyms 61
Appendix 66
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
INTRODUCTION
In November 1984, EPA issued an Indian Policy and Implementing Guidance,
in which it committed to working with Indian tribes, recognizing that tribal
governments are the primary parties for setting standards, making environmental
policy decisions and managing environmental programs on reservations. The Agency
further committed to encourage and assist Indian tribes in assuming regulatory and
program management responsibilities.
Since the publication of this policy, EPA has focused on four major areas: (1)
seeking amendments to environmental statutes in order to clarify the role of tribal
governments in environmental protection; (2) increasing outreach activities with tribal
governments in order to strengthen their understanding of the federal environmental
statutes and EPA's understanding of tribal environmental issues; (3) working to
incorporate attention to tribal environmental problems and issues into EPA's broader
management structure: operating guidance, program strategies, budget
considerations, etc.); and, (4) providing direct support for tribal environmental
protection activities.
This report is designed to give an overview of Agency efforts to
establish environmental regulations on Indian lands. It measures the amount of
workyears (the equivalent of one person working full time for a year) and
funding that EPA Headquarters and each Region expended to implement each
environmental law (i.e., Clean Air Act, Federal Insecticide, Fungicide and
Rodenticide Act, etc.) on Indian lands. It is important to note that travel funds
and salaries are not included in the funding column or in the matrix page of
this report. Also, it should be noted that these figures are estimates. Finally,
because of the nature of the presentation, the report frequently makes use of
acronyms. A glossary has been provided to assist the reader.
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OBSERVATIONS
In FY91 EPA developed its multi-media assistance program for tribes beyond the
pilot stage. A total of $1.7 million was provided under 29 assistance agreements to
47 tribes, including tribal consortia.
Tribal governments became eligible to apply for capacity-building grants under S.I442
of the Safe Drinking Water Act in late FY 91. It is expected that a number of tribes may
apply for these grants in FY 92.
The Office of Policy, Planning and Evaluation, the Office of Federal Activities and the
Office of Water joined together on a field study of 11 tribes in Northern Wisconsin to
review Indian risk equity issues. In addition, a NNEMS intern conducted a study of
Indian equity issues for the Office of Federal Activities. The nature of life and
environmental risk on reservations is very different from that in surrounding rural
communities. Therefore, if Agency requirements for equity are to be met, the nature of
risk on reservations must be defined.
OPPTS, OFA and OA together funded a grant for $120,000 to the American Indian
Science and Engineering Society to begin in environmental science scholarship program
for college students who qualify on the basis of academic achievement and commitment
to the needs and ways of American Indian tribes. The long term goal of this program is
enhance environmental protection of Indian lands.
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
PROGRAM HIGHLIGHTS
Office of Air and Radiation
Clean Air Act Amendments
The Clean Air Act was reauthorized in FY 91. The amended act included provisions that will allow qualifying
tribes to be treated as states. During FY 92 OAR will initiate development of an Indian regulation for the Clean
Air Act.
Radon Giants tor Tribes
During FY91 the Office of Radiation Programs continued its funding of tribal projects for the monitoring and
mitigation of radon on Indian lands.
Office of Water
Program-wide Activities
OW joined with OPPE in funding a comparative risk study among eleven tribes in Northern Wisconsin. The study
is aimed at defining the unique nature of the environmental risks faced by reservation populations. OW also
sponsored training activities for tribal officials in various parts of Indian Country in areas such as Public Water
System Management, Underground Injection Control and Water Quality Standards.
Clean WaterPrograms
Under Section 106 of the Clean Water Act, HQ and regional offices coordinated their efforts and issued 47 grants in
FY 91, making a total of 108 grants to 61 Indian Tribes since FY 88 for Water Quality Management activities.
Under Section 314 of the Clean Water Act, 15 grants were awarded for clean lake activities. Also, OW's Office of
Municipal Pollution Control awarded facility construction grants to tribes under the Congressional set-aside
program. Funds listed in this report for construction grants are funds that were obligated for specific projects. The
actual construction of those projects may extend from FY 91 into FY 92 and beyond, depending upon construction
schedules.
Safe Drinking Water Prog tams/Gtoundwater Programs
The National drinking water program built program capacity for Indian tribes. Three tribes (Standing Rock Sioux,
Ft. Belknap and the Navajo) were granted Treatment as a State under the Safe Drinking Water Act In addition, the
Office of Groundwater and Drinking Water (OGDW) realigned its reallotment policy to permit grant funds to be used
to build the public water system supervision capabilities of tribes. This is the first time this has been done by this
or any other EPA office.
Office of Solid Waste and Emergency Response
CERCLA/SARA Programs
In July 1991, the Governors of 19 Indian Pueblos Reservations in New Mexico signed a resolution delegating
authority to the All Indian Pueblo Council in Albuquerque, New Mexico, to establish a Pueblo Office of
Environmental Protection. This resolution also designates the Pueblo Office of Environmental Protection as the
lead agency to represent the Pueblos for the development and implementation of a Pueblo Superfund Program for
lands under the jurisdiction of the 19 Pueblos. A Superfund Memorandum of Agreement was executed between EPA
Region 6 and the All Indian Pueblo Council in September, along with a $350,000 Cooperative Agreement to the
Council for the development and administration of the Pueblo consortium Superfund program.
CERCLA, as amended, affords Tribal governments substantially the same treatment as States in the
Superfund Program. To meet this commitment in FY 91, the Office of Emergency and Remedial Response
continued to coordinate hazardous waste management and remediation of Superfund sites on Indian lands. As part
of that effort, the Office of Emergency and Remedial Response developed and distributed an "Indian Tribal
Involvement in the Superfund Program" package which explains how governing bodies of Indian tribes may
participate in the Superfund Program and includes various briefing materials and fact sheets.
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
PROGRAM HIGHLIGHTS
Office of Solid Waste and Emergency Response
RCRA Programs
OS W developed a periodic update for tribes entitled Native American Network. A RCRA Information Exchange. It
is anticipated that this update will provide a diverse array of information on RCRA to the tribes, a forum to
exchange experiences and ideas among tribes and a means of enhancing the working relationships among Tribal
governments, EPA, other Federal Agencies and State and Local governments. OSW also sponsored two Regional
Tribal Environmental Coalition meetings (for Region 4 and Region 8). During these meetings, tribes heard
presentations from representatives of Federal Agencies with responsibilities on Indian lands, discussed environmental
issues of common concern, and offered ideas for resolution of these concerns. In addition, OSW initiated a concerted
effort to increase inter-agency cooperation to address RCRA issues on Indian lands. The activities to accomplish
such included the establishment of a inter-agency (EPA, BIA, IHS, HUD, and ANA) Solid Waste Focus group and
the development of an inter-agency project at the Ft. Belknap reservation in Harlem, MT. (The later will establish a
Reservation-wide solid waste collection system).
Office of Prevention, Pesticides and Toxic Substances
Pesticide Programs
OPPTS, OFA and the Administrator's Office together awarded a grant of $120,000 to the American Indian Science
and Engineering Society to begin an Environmental Science Scholarship Program for college students who qualify
on the basis of academic achievement and commitment to the needs and ways of American Indian tribes. The
scholarships are $4,000 per student for one year of study and are to be awarded on a competitive basis. The long
term goal of the scholarship program is to enhance environmental protection of Indian reservations. In addition, a
network of Indian organizations and persons has been established to expedite recruiting of American Indians for OPP,
with the overflow going to other EPA offices. Applications are reviewed and forwarded to hiring officials at the
Office of Human Resource Management and OCR. Tracking and follow up activities are conducted. Participating
organizations include: American Indian Science and Engineering Society; National Indian Education Association;
Americans for Indian Opportunity; and, Office of Indian Education, US Department of Education.
Pollution Prevention and Toxic Programs
OPPT provided assistance to HUD's Office of Public and Indian Housing for lead-based paint testing program. In
addition, OPPT and OCR created the Forum on State and Tribal Toxics Action to identify and address state, local
and tribal toxics problems. In FY 91 funds were available for one Indian representative to the Forum.
Office of Enforcement
Office of Federal Activities
OFA continued its program of multi-media technical assistance, training and support for tribal capability
development. Senior Environmental Employees provided technical assistance to tribes and assisted Indian
coordinators with tribal communications in Region 5, 7, 8, 9,10 and at Headquarters. In addition, OFA provided
four workshops on intergovernmental cooperation in reducing the barriers to tribal environmental program
development as a result of training grants provided to Americans for Indian Opportunity. (79 tribal officials and 50
federal and state officials received training). OFA also supported training provided to tribal staff through agreements
with IHS in Region 7 and 9 and through internships for tribal staff in Region 8 funded through the Council of
Energy Resource Tribes. In the area of education, OFA joined the Administrator's Office and OPP in funding the
environmental scholarships provided to tribal members under the American Indian Science and Engineering Society.
OFA joined Region 5, OW and OPPE in working towards the development of a definition of environmental risk and
equity on Indian lands. Finally, OFA directly provided funds for multi-media assistance agreements for tribes.
Multi-Media Assistance Agreements
In FY 91 EPA received authority in its appropriations legislation to provide multi-media assistance agreements to
Indian tribes for the development of basic environmental infrastructure. This allowed EPA to expand this program
beyond the two pilot projects funded in FY 90. In FY 91 a total of $1.07 million was provided under this program
through 29 assistance agreements with 47 tribes, including five consortia.
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY1991
MATRIX
REG
ION
1
2
4
5
6
7
8
9
10
HQ
TO!
OAR
Exp.
9.4
50.0
75.0
192.4
0.0
0.0
814.2
107.8
76.8
468.0
1793.6
WY
0.1
0.5
0.2
2.5
0.4
0.0
1.8
0.5
0.2
1.1
7.3
CWA
Exp.
121.6
87.2
177.5
519.0
528.7
641.5
748.5
2208.3
5022.8
332.0
10387.1
WY
0.7
0.6
0.2
2.3
0.6
0.5
3.0
2.3
5.3
4.2
19.7
SDWA-
UIC
Exp.
0.0
0.0
0.0
55.0
226.0
0.0
140.8
22.4
40.6
10.0
494.8
WY
0.1
0.7
0.0
1.3
20.0
0.0
0.3
1.9
2.5
0.5
27.3
SDWA-
PWSS
Exp.
0.0
8.0
6.4
0.0
126.5
8.0
116.5
331.6
26.2
70.0
693.2
WY
0.0
0.6
0.8
0.0
3.6
0.9
1.5
10.0
1.0
0.5
18.9
SDWA-
GWP
Exp.
0.0
0.0
0.0
0.0
50.0
0.0
6.7
0.0
3.0
0.0
59.7
WY
0.0
0.0
0.0
0.0
1.0
0.0
0.0
0.0
0.25
0.0
1.3
OPPTS
Exp.
0.0
0.0
0.0
78.0
1.1
114.1
427.0
471.0
144.0
331.5
1 566.7
WY
0.1
0.2
0.1
0.4
0.02
0.4
0.6
3.6
0.2
2.0
7.6
RCRA
Exp.
0.0
0.0
122.7
205.0
277.7
0.0
236.4
432.7
291.5
676.0
2242.0
WY
0.1
0.0
0.5
0.5
0.8
0.14
2.4
4.2
2.5
4.3
15.4
CERCLA
SARA
TITLE III
Exp.
0.0
86.0
0.0
50.0
761.0
0.0
54.4
311.3
239.9
191.5
1694.1
WY
0.1
2.2
0.0
0.3
1.2
0.0
0.0
10.0
0.59
1.5
15.9
OE
Exp.
25.0
0.0
0.0
52.4
15.7
37.5
167.0
99.0
94.0
187.5
678.1
WY
1.1
1.3
0.4
1.1
1.0
0.8
3.0
3.1
4.1
7.2
23.1
MULTI-
MEDIA
Exp.
104.6
165.0
84.0
460.9
145.0
51.5
228.8
205.0
257.5
0.0
1702.3
WY
0.1
0.1
0.3
5.4
0.7
0.1
0.3
0.2
0.4
0.0
7.6
OPPE
Exp.
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
305.0
305.0
WY
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
3.6
3.6
OGC/ORC
Exp.
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
WY
0.5
0.6
0.1
1.4
0.6
0.1
1.7
0.5
0.8
1.0
7.3
TOTALS
Exp.
260.6
396.2
465.6
1612.7
2131.7
852.6
2940.3
4189.1
6196.3
2571.5
*
21616.6
WY
2.9
6.8
2.6
15.2
29.9
2.9
14.6
36.3
17.8
25.9
**
155.0
WY=Workyear (Rounded to the nearest 0.10)
Exp. = Expenditures ($1,000. Rounded to the nearest $100.)
Note: This matrix does not include funds to be awarded or FY 90 funding.
* Figure for expenditures under CWA and SARA/CERCLA include one-time expenditures for wastewater treatment
facility construction and Superfund activities. Therefore, the total reflects both on-going programs and one-time efforts.
** FTE estimates include the activities of Senior Environmental Employees (SEEs).
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$8000 1
c
o
'o>
V
tr
W
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a.
x
LLJ
$6000 H
$4000 A
$2000 H
FY 91 FUNDING - REGIONS
567
REGIONS
10 hD
E
2
o>
8
Q.
at
•o
C
a>
a.
x
til
$12000 -\
$10000 H
$8000 H
$6000 H
FY 91 FUNDING - PROGRAMS
$4000 H
$2000 H
CO
PROGRAMS
-------
w
DC
tr
i
5 6 7
REGIONS
10 K3
30
QC
2
^
QC
O
PROGRAMS
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
THE OFFICE OF AIR AND RADIATION
The Clean Air Act authorizes a nationwide program of planning,
regulation, enforcement and research for the control of air pollution. EPA is
responsible for setting national standards and emission limits, conducting
research to strengthen the scientific basis for pollution control, and providing
technical and financial support to state, tribal and local air pollution control
agencies. These agencies have the primary responsibility for the control and
prevention of air pollution.
The EPA strategy to meet the requirements of the Clean Air Act in the
1990s focused on five major program goals. They are:
* Reduce the risk of exposure to air toxics.
* Achieve National Ambient Air Quality Standards.
* Develop and support programs that maintain improvements in
air quality.
* Determine the policy alternatives and strategy options available
to address emerging issues.
* Increase the capacity and improve the effectiveness of state,
tribal and local air quality agencies.
The national mandate to protect public health and the environment
from the adverse effects of radiation is derived from the Clean Air Act, as well
as from several other statutes. In addition, there are two major program
objectives under the radiation program. They are:
* Reduce the risk of exposure to unhealthful levels of radiation.
* Maintain comprehensive surveillance and effective emergency
response capabilities.
10
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF AIR AND RADIATION
AIR PROGRAMS
EXP. WORK
OFFICE ($1,000) YEARS TYPE DESCRIPTION
Region 1
Region 2
Region 4
Region 5
Region 6
Region 8
Region 9
Region 10
HQ
$50.00
$41.00
$49.00
$429.30
$69.70
$30.10
$145.10
$318.00
$150.00
0.25
0.10
0.35
0.10
0.35
0.50
0.30
0.06
0.50
0.50
0.10
0.50
0.20
0.03
0.01
0.30
0.50
Outreach
F/A
T/A
F/A
T/A
F/A
T/A
D/I
D/I
F/A
T/A
T/A
F/A
F/A
F/A - T/A
T/A
T/A
F/A
T/A
F/A
Reviewed and commented on environmental survey; participated in
Region 1 IWG (Indian Woik Group) functions.
Awarded Section 105 grant for AQM (Air Quality Monitoring) to
SRMT (St. Regis Mohawk Tribe); administered FY 90 105 grant.
Assisted Miccosukee tribe in preparing proposal for AQM grant;
discussed possibility of proposal for an air grant with Seminoles;
attended an environmental workshop hosted by AIO (Americans
for Indian Opportunity).
Awarded Section 105 grant to White Earth for AQ assessment and
monitoring.
ESD reviewed air pollution grant applications of Oneida, White
Earth, Menominee and Stockbridge-Munsee.
Awarded air assistance grant to Menominee, Stockbridge-Munsee
and Oneida Tribes in consortium, for AQM program to assess AQ
paniculate levels, pesticides, heavy metals and 802-
Provided Region 5 Indian Program T/A, guidance and oversight/
monitoring of tribal programs.
Processed two PSD (Prevention of Significant Deterioration)
appb'cations for El Paso Natural Gas (located on Navajo land).
Provided inspection/follow up of two facilities on Sandia Pueblo
and of one facility on Pueblo of San Ildefonso.
Awarded grants to eight tribes to perform ambient AQM; draft
AQ codes/regulations for each reservation; completed emissions
inventories and AQ climatology.
Provided training in handling and interpreting AQ data; coordinated
presentation of efforts/projects that occurred on many reservations.
Coordinated between reservations and state program activities for
seven Region 8 tribes with AQM grants. (AQM assistance from
contractor included equipment servicing and location selection).
Awarded funds to CERT (Council of Energy Resource Tribe) to
provide T/A in development of tribal AQ codes/regulations for
non- MT tribes receiving CAA 105 grants. (The early stages of
regulation development included CERTs efforts to coordinate AQ
interests of tribal and state air officials).
Completed PM-10 monitoring at two reservations; helped develop
source control plans for TIP (Tribal Implementation Plan).
Provided grant inquiry and management of AQ proiect for Navaio.
Assisted Shoshone-Bannock and Puyallup in developing TTPs.
Coordinated with AK and ANV (Alaskan Native Village) on PSD
issues.
Convened work group with Region 6, Region 9, OAQPS and
OFA to review tribal applications for presentation of six Indian
AQM grants to the tribes.
Convened work group to develop Indian AQ rule under Section
107 CAA of 1990.
Provided support for EPA's Indian Integrated Assistance Initiative.
11
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF AIR AND RADIATION
RADIATION PROGRAMS
OFFICE
EXP.
($1,000)
WORK
YEARS TYPE
DESCRIPTION
Region 1
Region 2
Region 4
Region 5
Region 8
Region 9
Region 10
HQ
$9.390
$60.00
$15.00
$15.00
$87.36
$5.16
$25.00
$26.62
$29.83
$34.04
$7.00
$12.30
$28.00
$52.00
$27.80
$30.00
$28.80
$18.00
0.05
0.20
0.12
0.50
0.15
0.50
0.20
0.10
0.10
0.10
0.05
0.05
0.10
0.10
0.10
F/A
T/A
T/A
F/A
F/A
D/I
F/A
T/A
D/I
F/A
F/A
F/A
F/A
F/A
F/A
F/A
T/A
T/A
F/A
T/A
F/A
F/A
F/A
F/A
T/A
T/A
T/A
Provided oversight of Penobscot and Passamaquody FY91
tribal radon grants and assisted the Tribes for FY 91 grants;
provided to the Tribes for sampling and mitigation; worked
with IHS on the two radon projects.
Reviewed a Section 10(a)/306(c) Title II IRAA (Indoor Radon
Abatement Act) grant to the SNI (Seneca Nation of Indians) for
radon survey appropriate mitigation activities. (Funds
allocated by HO Air Division).
Conducted indoor radon survey; provided training.
Awarded grant to Cherokee Tribe for radon testing.
Midwest University Radon Consortium delivered a specialized
radon mitigation training course in July and August 1991, under
an IAG (Inter-agency Agreement).
Awarded Great Lakes Inter-Tribal Council $70K to confirm and
assess high radon levels found during year.
Provided T/A and guidance to IHS (Indian Health Service), BIA
(Bureau of Indian Affairs), HUD (Department of Housing and
Urban Development) and Region 5 Indian Program on radon
issues.
Provided regional coordination of radon grants to tribes (T/A and
oversight included)..
Performed radon testing and training public for Southern Ute.
Performed radon testing (short term and long term)
Ft Berthold; provided public outreach.
Administered on-site radon training for the Devil's Lake Sioux;
sponsored public forum at community college for other Region
8 Indian tribes on radon; provided public outreach.
Administered a radon mitigation training/demonstration project
for Lower Brule Sioux houses >20 pCi/l.
Administered a radon mitigation training/demonstration project
for Crow Creek houses >20 pCi/l.
Performed radon testing and mitigation training at Ft Peck.
Administered a radon mitigation training/demonstration project
for Yankton Sioux low income tribal homes >20 pCi/l.
Tested water and soil for radon on Wind River Reservation.
Sponsored radon demonstration projects with ITCA (Inter-tribal
Council of Arizona, Inc).
Provided radon testing, training and public information for the
Navajo Nation.
Sponsored a radon pilot project for Pyramid Lake Paiute Tribe.
Awarded a radon grant to the Nez Perce Tribe.
Awarded a radon grant to the Shoshone-Bannock Tribe.
Radon Program Grant to Yakima Indian Nation, Toppenish,
WA.
Developed guidance and coordinated $200K in radon tribal grants
to the regions.
Coordinated with IHS regarding radon on Indian lands.
Developed radiation measurement guidelines for the Bluewater
uranium site removal action on the Navajo Reservation.
12
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
THE OFFICE OF WATER
EPA, together with state, tribal and local governments, has responsibility for water quality in three areas: (1) reducing
pollution of surface waters, including wetlands, bottom sediments, and other such critical habitat; (2) preventing
contamination of ground water; and (3) maintaining the purity of drinking water. EPA, the states and tribes also implement
programs to protect general goundwater quality, authorized under several different statutes and described in EPA's July 1991
Ground Water Strategy. Authority to implement these programs comes from three major statutes. They are:
Clean Water Act
To restore and maintain the chemical, physical and biological integrity of the nation's waters. The Clean Water Act
provides a comprehensive structure for water pollution control. The Act provides for (1) establishment of technology-
based and water quality-based controls for sources of pollutants; (2) state and tribal water quality standards to protect water
uses; (3) monitoring to assess water conditions and trends; and (4) water quality management planning to analyze
problems and design needed control measures.
The Clean Water Act accomplishes its purpose by creating a partnership between EPA and the governments of the
various states and tribes. It allows for state and, under certain circumstances, tribal governments to develop water quality
standards. In addition it creates specific programs to assist states and tribes in funding pollution control activities in areas
of wastewater teatment, clean lakes restoration, and non-point source pollution abatement and other water quality
protection activities.
Safe Drinking Water Act
To ensure that drinking waters are free from harmful contaminants; protect ground water from contamination by
underground injection; and, support ground-water quality management initiatives. The SDWA and 1986
amendments establish four programs through which the EPA is to fulfill its mandate of ensuring that drinking waters are
free from harmful contaminants. The first one is the Public Water Supply Supervision Program, which focuses on
providing safe drinking water to users of public water systems. The Underground Injection Control Program focuses on
protection of ground-water supplies that are or might be sources of drinking water from contamination by the subsurface
injection of fluids by well operators. The Sole Source Aquifer Demonstration Program authorizes funds to state, tribal or
local political units to demonstrate unique ground-water protection activities. The Wellhead Protection Program
authorizes funds to states and tribes to protect the area around public drinking water wells or well fields. It should be
noted, however, that Congress did not appropriate funds for these last two programs in FY 91.
Marine Protection. Research, and ftflpytlllflries Act
To provide for the safe and effective disposal of dredged materials, sewage sludge, hazardous waste and other
materials at sea. (This statute does not directly relate to American Indian tribes or tribal governmental authorities).
The Groundwater Protection Strategy
The Ground- Water Protection Strategy for the 1990s, while not established in statute, sets forth EPA's policy to
support the development and implementation of ground-water protection programs that comprehensively protect the
Nation's ground- water resources, and directs the course of EPA, State, and tribal efforts over the coming years. The
states and tribes are the focal point for the stratety. A crucial component of this policy is the Comprehensive State
Ground- Water Protection Program (GSGWPP), which has the primary goal of coordinating all ground-water protection
activities within a State or on Indian lands. The primary purpose of GSGWPPs is to fully integrate the many EPA
and other Federal programs with ground- water responsibilities in a manner that focuses on protection of the resource as
a whole.
14
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF WATER
WATIPUJ APT
W *\ 11 JEdKw x^L* 1L
EXP. WORK
OFHCE ($1,000) YEARS TYPE DESCRIPTION
Region 1
Region 2
Region 4
Region 5
$30.00
$46.875
$27.751
$17.00
$40.00
$47.20
$21.245
$90.00
$66.245
$239.88
0.06
0.06
0.06
0.25
0.10
0.05
0.05
0.05
0.05
0.02
0.15
0.10
0.30
0.05
0.05
0.05
0.05
0.55
0.10
!
0.02
0.15
0.05
0.10
0.01
F/A - T/A
F/A - T/A
F/A - T/A
T/A
D/I
D/I - F/A
T/A
Outreach
Outreach
T/A
T/A
F/A
D/I
F/A
F/A
T/A
T/A
T/A
Outreach
Outreach
F/A
D/I
F/A
T/A
T/A
Outreach
Outreach
T/A
Provided Clean Lakes funds to the Narraganset Tribe.
Provided wetlands grant to the Penobscot Tribe.
Provided CWA 106 grant funds to the Mashantucket Pequot.
Provided T/A and oversight to Mashantucket Pequot concerning
environmental compliance fora major economic development
project.
Provided T/A and oversight to Narraganset for a CWA 106 grant.
Provided grant funds to NEIWPCC to assist Wampanoag Tribe.
Met with Wampanoag Tribe, HUD and IHS to discuss Tribal
housing and community center environmental compliance needs.
Participated in regional IWG; reviewed Region 1 environmental
survey for tribes.
Provided oversight and management of WWTF project to the
Passamaquoddy Indian Township Reservation.
Coordinated WQ (Water Quality) certification.
Awarded grant for wastewater project under the set-aside program
to SNI; developed agreement with IHS to administer WWT
(Wastewater Treatment) construction grants to SRMT & Oneida.
Assisted Oneida in identifying wastewater needs; included their
project on National Priority Project list for WWTF (Wastewater
Treatment Facilities) construction grants.
Awarded a Section 106 grant to SRMT.
Awarded a second Section 106 grant to SRMT.
Provided T/A to Eastern Band of Cherokee concerning work plan
for Section 106 grant; developed tribal WQS (Water Quality
Standards).
Provided T/AtoPoarch Band of Creek Indians to develop NFS
Assessment Management Program; provided T/A to develop
Section 319 grant application; provided T/A on 106 work plan,
Clean Lakes grant; constructed wetlands.
Provided T/A to Eastern Band of Cherokee concerning work plan
for Section 106 grant; developed tribal WQS.
Participated in Utilities Management meeting in Cherokee, NC,
and AO (Administrative Order) workshop in Atlanta, GA.
Conducted on-site visits to the Poarch Band Creek, Miccosukee,
Seminole and Cherokee Tribes.
Awarded Section 106 grants to Poarch Band Creek, Cherokee and
Miccosukee Tribes.
Provided coordination and liaison activities related to all Water
Division Programs.
Awarded Section 106 grants to Lac Du Flambeau, Stockbridge-
Munsee, Menominee, Minnesota Chippewa Tribe and the Red
Lake Bands of Chippewa Indians.
Provided oversight of five tribal 106 grants.
Participated in Region 5 IWG functions.
Conducted two combined drinking/wastewater workshops for
tribal personnel.
Surveyed tribal staff and designed CWA/SDWA workshops to
reflect specific issues of concern to the tribes.
Reviewed TAS applications for two tribes.
15
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF WATER
CLEAN WATER ACT PROGRAMS
EXP. WORK
OFFICE ($1,000) YEARS TYPE DESCRIPTION
II Region 5
||
II Region 6
|| Region 7
1
$38.00
$45.60
$40.00
$124.00
$30.00
$1.428
$345.00
$183.65
0.07
0.05
0.08
0.08
0.02
0.01
0.01
0.01
0.05
0.05
0.10
0.55
0.15
0.02
0.06
0.02
0.35
0.10
0.10
0.05
0.10
Outreach
F/A
F/A
F/A
T/A
DA
T/A
T/A
F/A
T/A
T/A
T/A
F/A
T/A
Outreach
D/I
T/A
T/A
F/A
T/A
T/A
T/A
D/I
D/I
Conducted site visits to twelve reservations; performed follow-up
to the respective concerns of tribes.
Awarded state wetlands grant to Mille Lacs for inventory and
wetlands planning.
Awarded state wetlands grant to Mille Lacs for development of
WQS for wetlands.
Awarded state wetlands grant to White Earth for wetland resource
survey and implementation planning.
Assisted in facilities planning for three tribal construction grant
projects.
Sent seven NPDES (National Pollutant Discharge System)
permit renewal applications to four tribes.
Informed US Fish and Wildlife Service about NPDES permit
requirements regarding proposed fish hatcheries at Red Lake, Red
Cliff and Keweenaw Bay.
Worked with three consultants regarding NPDES requirements
or proposed construction at Lower Sioux, White Earth, and
Vermillion Lake.
Provided T/A in proposal writing and review; awarded $24K to
Mille Lacs for Lake WQ assessments and for Phase I efforts.
Reviewed QUAPP (Quality Assurance Project Plans) for Mille
Lacs and White Earth.
Managed FY91 104(g)(l) grants to Minnesota Rural Water
(MRWA) to provide direct on-site technical training on design
and construction, operation, maintenance and administration of
tribal utilities.
Coordinated/processed 518(c), construction grants to Menominee,
Bois Forte, and White Earth.
Provided T/A training via on-site visits and follow-up telephone
contacts to five tribal WWTF.
Participated in an IMS area office sponsored O&M (Operation and
Maintenance) workshop for tribal utility operators.
Issued seven NPDES permits to Region 5 Indian tribes.
Provided T/A to Region 5 tribes to explain new NPDES permit
requirements.
Visited and inspected Keweenaw Bay, Oneida, and Grand Portage
WWTFs for compliance evaluation inspections.
Awarded 106 grants to Sandia Pueblo, San Juan Pueblo, Isleta
Pueblo and Pojoaque Pueblo; approved TAS applications.
Completed engineering design; began 314 Phase I restoration and
implementation project on Acomita Lake.
Provided T/A to tribes on WQS; reviewed draft standards for the
Pueblos of Sandia and Isleta; provided information to Pueblos of
San Juan, Pojoaque and Eight Northern Indian Pueblo Council
on development of WQS.
Reviewed and approved facilities plan prepared by IMS,
concerning application of seal to existing 3- cell lagoon and
rehabilitation of lift station at Santee Sioux Reservation.
Reviewed facilities plan prepared by IMS, concerning extension
of sewer collection system at Winnebago Reservation.
16
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF WATER
CLEAN WATER ACT PROGRAMS
OFFICE
Region 7
Region 8
Region 9
EXP. WORK
($1,000) YEARS TYPE DESCRIPTION
$534.50
$15.00
$92.00
$15.00
$48.00
$115.00
$65.00
$78.20
$48.00
$70.00
$49.20
$63.40
$50.00
$51.00
$95.70
$9.94
$15.00
0.10
0.02
0.10
0.10
0.10
1.00
0.85
0.05
0.05
0.10
0.05
0.05
0.05
0.05
0.05
0.05
0.05
0.05
0.05
0.20
0.01
0.05
0.05
0.05
0.05
0.20
0.25
D/I
F/A
DA
D/I - F/A
D/I - F/A
D/I
D/I
T/A
T/A
D/I
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
T/A
D/I
T/A
T/A
T/A
T/A
Outreach
F/A
D/I
F/A - T/A
Executed IAG/MOA (Memorandum of Agreement) with IHS for
proposed collection system extension, treatment system and
improvements at Sac and Fox.
Reviewed quarterly discharge monitoring reports for Sac and Fox.
Increased 106 grant to Winnebago for groundwater assessment.
Awarded a 106 grant to the Kickapoo Tribe.
Administered Indian set-aside wastewater construction grants
(Section 518).
Conducted facility planning for wastewater construction grants
(Title ID.
Provided outreach and education grants to small communities;
created septage management plan for Rosebud Sioux Tribe.
Provided on-site O&M training and T/A to WWTF.
Processed CWA Section 106 TAS for Ft. Belknap.
Awarded Section 106 grant to Blackfeet for the development of
WQM (Water Quality Management) program.
Awarded 106 grant to Confederated Salish Kootenai to create a
monitoring program and review classification for developing
WQMs.
Awarded Ft Belknap a 106 grant to develop a management plan
and monitor gold mining operation/WQ.
Awarded 106 grant to Ft. Peck for on going WQ and resource
assessment.
Awarded Northern Cheyenne 106 grant to create WQM program.
Awarded Pine Ridge a 106 grant to monitor and assess WQ,
groundwater study with US Geological Service.
Awarded Rosebud Sioux a 106 grant to develop WQM program.
Awarded 106 grant to Southern Ute for monitoring WQand
environmental assessment
Awarded Standing Rock Sioux a 106 grant to develop WQM
program.
Awarded Ute Mountain Ute a 106 grant to develop WQM
program.
Awarded Wind River a 106 grant for siltation effects study.
Conducted WQ monitoring workshop at Flathead Reservation on
June 3-7, 1991.
Reviewed applications for 104(b)(3) wetlands grant programs.
Continued Blackfeet 314 Clean Lakes Assessment program.
Continued Turtle Mountain 314 Clean Lakes assessment
program.
Continued Wind River 3 14 Clean Lakes Assessment program.
Continued Soouthern Ute 314 Clean Lakes assessment program.
Provided information to tribes during various regional meetings
throughout year; provided information concerning tribal lands to
CA State Water Quality Control Board.
Awarded Youth and Environment grant to Pima Community
College (Tuscon, AZ) to train 6-10 Native Americans for
possible careers in WWM (Wastewater Management).
Issued three AZ NPDES permits to NTUA (Navajo Tribal
Utility Authority) for WWTFs (Tuba City, Chinle, Kayenta).
17
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF WATER
CLEAN WATER ACT PROGRAMS
EXP. WORK
OFFICE ($1,000) YEARS TYPE DESCRIPTION
Region 9
$40.00
$759.50
$465.00
$88.958
$180.144
$165.856
$150.00
$183.866
$150.00
0.10
0.10
0.20
0.01
0.04
0.11
0.50
0.22
0.42
0.08
0.03
DA
F/A
DA
F/A
D/I
D/I
F/A
D/I
DA
DA
T/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
Outreach
DA
T/A
DA
DA
DA
Developed MOA and implemented IAG with IMS for planning
of WWTF for Sil Nakya, Tohono O'Odham Nation under Indian
set-aside construction grants.
Developed draft MOA for planning, design/construction of
WWTF for Hopi Nation under Indian set-aside construction
grants; and implemented IAG with IHS for planning, design and
construction.
Monitored status and progress of 6 projects; provided guidance
to IHS and Hopi, White Mountain Apache, Tohono O'Odham,
Yurok and Table Bluff Rancheria Tribes under Indian set-aside.
Amended MOA for White Mountain Apache to cover
construction responsibilities; implemented IAG with IHS to
fund construction.
Reviewed QAPP and sample plans for Hoopa Valley, Coyote
Valley, Ft Mojave, Colorado River, Gila River and Superfund-
Navajo Nation.
Reviewed, under CWA Section 106, four water pollution
control program TAS applications, under CWA Section 106.
Provided day-to-day management of WQM program for Indian
tribes (i.e. workplan revisions, information requests, etc.)
Reviewed and commented on draft manual for the environmental
assessment program for Indian lands and draft manual for WQS
regulations.
Reviewed six pollution control program grant applications
under CWA Section 106.
Awarded pollution control program grant to Coyote Valley.
Awarded pollution control program grant to Pyramid Lake.
Awarded pollution control program grant to Gila River.
Awarded pollution control program grant to Rincon Tribe.
Awarded pollution control program grant to Hoopa Valley.
Awarded pollution control program grant to Hopi.
Met with Quechan, Kaibab Paiute, Covelo, Soboba,
Cocopah, Navajo, Hopi and Walker River Tribes regarding
applications for program monies.
Conducted NPDES sampling for Navajo Tribe at the Tuba City
treatment plant.
Conducted NPDES Compliance Evaluation Inspections of four
Navajo Tribal Utility Authority wastewater treatment facilities:
NTUA Window Rock, NTUA Ganado, NTUA Chinle, and
NTUA Rough Rock.
Conducted NPDES Compliance Evaluation Inspections of two
Bureau of Indian Affairs wastewater treatment faculties: BIA
Reams Canyon on the Hopi Reservation and BIA Nazilini on
the Navajo Reservation.
Conducted an unannounced Inspection of the Navajo Forest
Products Industry in Navajo, New Mexico.
18
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF WATER
CLEAN WATER ACT PROGRAMS
OFFICE
Region 9
Region 10
•••••••••^•^^^^^^^^^^^^^••v
EXP.
($1,000)
$41.90
$40.00
$41.90
$43.984
$41.90
$41.90
$41.90
$41.90
$39.816
$41.90
$41.90
$43.314
$85.645
$58.931
$58.931
$58.931
$58.942
$58.931
$58.931
$58.931
$58.931
$58.931
$58.931
$58.931
WORK
YEARS TYPE DESCRIPTION
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.02
0.02
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
D/I
D/I
D/I
D/I
D/I
D/I
F/A
D/I - F/A
DA - F/A
D/I
F/A
D/I - F/A
DA
F/A
DA - F/A
DA - F/A
DA - F/A
DA - F/A
DA
F/A - T/A
DA
F/A - T/A
DA
F/A
DA - F/A
DA
F/A
DA
F/A
DA - F/A
DA -F/A
DA - F/A
DA - F/A
DA - F/A
DA - F/A
DA - F/A
DA - F/A
Participated in a multi-media enforcement group in the drafting
of a Consent Agreement to be entered into with the Navajo
Tribe regarding environmental problems at the Navajo Forest
Products Industry site in Navajo, New Mexico and various
NTUA facilities.
Conducted a Reconnaissance Inspection of the Chemehuevi
Indian Tribe's Havasu Landing Resort wastewater treatment
facility and collection system.
Drafted an Administrative Order to be issued to the Chemehuevi
Indian Tribe for spills of raw sewage to Lake Havasu.
Revised the Administrative Order issued to NTUA Tuba City.
Drafted three NPDES permits for Navajo Tribal Utility
Authority wastewater treatment facilities: NTUA Tuba City,
NTUA Chinle, and NTUA Kayenta.
Awarded CWA Section 106 continuation grant to Port Gamble
S'Kallam.
Awarded CWA Section 106 continuation grant to Swinomish.
Awarded CWA Section 106 continuation grant to Yakima.
Awarded CWA Section 106 continuation grant to Colville for
GIS (Geographic Information System) demonstration purposes.
Awarded CWA Section 106 continuation grant to
Suquamish.
Awarded CWA Section 106 continuation grant to Lower Elwha
Klallam.
Awarded CWA Section 106 continuation grant to Makah.
Awarded CWA Section 106 continuation grant to Muckleshoot.
Awarded CWA Section 106 continuation grant to Lummi.
Awarded CWA Section 106 continuation grant toPuyallup.
Awarded CWA Section 106 grant to Skokomish; review
TAS application.
Reviewed TAS application; awarded CWA Section 106 grant to
Chehalis.
Awarded tribal NPSP (non-point source project) grant to NWIF
(Northwest Indian Fisheries Commission).
Awarded model coordinated tribal NPSP grant to Hoh Tribe.
Awarded model coordinated tribal NPSP grant to Jamestown
Klallam Tribe.
Awarded model coordinated tribal NPSP grant to Lower Eluha
Klallam Tribe.
Awarded model coordinated tribal NPSP grant to Makah Tribe.
Awarded model coordinated tribal NPSP grant to Muckleshoot.
Awarded model coordinated tribal NPSP grant toNisqually.
Awarded model coordinated tribal NPSP grant to Puyallup.
Awarded model coordinated tribal NPSP grant to Quileute.
Awarded model coordinated tribal NPSP grant to Quinalt Tribe.
Awarded model coordinated tribal NPSP grant to Skokomish.
Awarded model coordinated tribal NPSP grant to Squaxin Island.
19
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF WATER
CLEAN WATER ACT PROGRAMS
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
Regioon 10
$58.931
$58.931
$117.862
$58.931
$58.931
$176.793
$58.931
$58.931
$58.931
$58.931
$40.00
0.01
0.01
0.02
0.01
0.01
0.02
0.01
0.01
0.01
0.01
0.02
0.07
0.10
0.02
0.01
0.05
0.05
0.02
0.05
0.25
0.25
0.10
0.02
0.01
0.06
0.05
0.02
DI-FA
DI-FA
DI-FA
DI-FA
DI-FA
DI-FA
DI-FA
DI-FA
DI-FA
DI-FA
T/A
T/A
T/A
D/I
DA
D/I
D/I
Outreach
T/A
Outreach
T/A
Outreach
T/A
Outreach
Outreach
T/A
Outreach
T/A
Outreach
D/I
T/A
F/A
T/A
D/I
Awarded model coordinated tribal NPSP grant to Colville.
Awarded model coordinated tribal NPSP grant to Yakima.
Awarded model coordinated tribal NPSP grant to Spokane and
Kalispel.
Awarded model coordinated tribal NPSP grant to Lummi.
Awarded model coordinated tribal NPSP grant to Nooksack.
Awarded model coordinated tribal NPSP grant to Skagit system
Cooperative (Swonomish, Upper Skagit, Sauk-Suiattle).
Awarded model coordinated tribal NPSP grant to Tulalip.
Awarded model coodinated tribal NPSP grant to Stillaguamish.
Awarded model coordinated tribal NPSP grant to Suguamish.
Awarded model coordinated tribal NPSP grant to Port Gamble
S'Klallam.
Provided T/A and review of model coordinated tribal NPSP
work plans from Colville, Port Gamble S'Kallam, Suquamish,
Stillaguamish, Lummi, Tulalip, Yakima and Upper Columbia
United Tribes and the Skagit System.
Administered FY 90 CWA Section 106 grants to the NWIF and
Upper Skagit; provided T/A to tribes developing WQ programs.
Provided T/A to Colville for CWA Section 319 assessment
report, management, implementation plan and grant
application.
Issued minor NPDES permit for industrial facility on Colville
Indian Reservation.
Drafted minor NPDES permit for municipal sewage treatment
plant on Colville Indian Reservation.
Inspected NPDES facility on the Tulalip Indian Reservation.
Inspected NPDES facility on theMakah Indian Reservation.
Determined numbers and status of NPDES facilities on 26
Indian Reservations in WA.
Provided on-going assistance and review of cooperative state/
tribal MOU (Memorandum of Understanding) for wastewater
discharge permitting on Colville Indian Reservation.
Completed environmental needs assessment survey of the 26
tribal governments inWA.
Cooperative agreement between Swinomish and local sewer
district for construction grant project with a Reservation- wide
service design.
Sponsored Indian Lands Program internship.
Provided T/A for Tulalip for proposed sewage sludge project
Provided T/A toQuilente for CWA and other grant program
applications.
Provided T/A to tribes on wetlands issues. 401 Certification
process.
Oversaw wetlands restoration project on Skokomish Indian
Reservation.
Reviewed Puyallup Section 404 permit; met with Lummi on
dredge disposal issues.
20
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF WATF.R
CLEAN WATER ACT PROGRAMS
OFFICE
Region 10
EXP.
($1,000)
$41.90
$43.90
$57.66
$100.00
$125.00
$1.00
$980.00
$620.00
$561.00
$450.00
WORK
YEARS TYPE DESCRIPTION
0.05
0.02
0.03
0.05
0.05
0.02
0.01
0.08
0.06
0.01
0.02
0.04
0.01
0.75
0.50
0.08
0.05
0.15
0.05
0.04
0.08
0.20
0.20
0.10
0.10
0.20
0.10
F/A
DA
D/I
D/I
F/A
D/I
Outreach
T/A
D/I
D/I
F/A
T/A
Outreach
D/I
T/A
D/I
T/A
T/A
F/A
T/A
T/A-F/A
F/A
D/I
D/I
F/A
F/A
F/A
F/A
F/A
F/A
Awarded Coeur d'Alene Tribe 106 grant for resource planning.
Reviewed TAS applications for Coeur d'Alene, 1-31-91.
Coeur d'Alene Tribe signed agreement with state and EPA on
3-6-91. RA (Regional Administrator) attended and toured SF
(Superfund) site/ Bunker Hill.
Awarded Clean Lakes/ Phase I grant to Coeur d'Alene Tribe.
Awarded 106 CWA grant Shoshone- Bannock Tribe.
Awarded Nez Perce Tribe funds to attend Clean Lakes conference
in Chicago.
Mailed information to tribes on wellhead training sessions and
followed-up with telephone contact
Assisted Tulalip Tribes in analyzing sludge requirements for
disposal of sludge on the Reservation.
Issued Nisqually NPDES permit for the tribe's fish hatchery.
Met with Tulalip Tribes and reviewed their NPDES permit
Reviewed six wetlands proposals; awarded grant to Shoshone-
Bannock for developing a comprehensive wetland management
plan.
Reviewed/ participated in Columbia River Fish Consumption
Survey; provided advise on WQS.
Coordinated environmental education initiative involving the
Squaxin Island Tribe.
Provided municipal facilities oversight of WWT grants for ten
ANVs.
Wrote NPDES and 404 permits for ANVs.
Performed bacterial analysis for Skokomish Tribe.
Assisted Region 10 tribes with WQS.
Awarded Section 3 14 Clean Lakes grant and assistance to the
Coeur d'Alene Tribe.
Assisted Colville in preparing CWA Section 319 reports.
Provided F/A for Nez Perce Tribe to attend National Clean
Lakes Conference.
Developed Skagit county Sewer District 309(a) AO.
Developed AOs for Tulalip Indian Tribe.
ISA (Inter-governmental Agreement) grant toAK DEC (on
behalf of the Huslia ANY) for the construction of WWTF
improvements.
ISA grant to PHS (on behalf of Gamble ANY) for construction
of communal WWTF.
Established ISA grant to PHS (on behalf of Lower Kalskag
ANV) for construction of WWTF improvements.
Established ISA grant to PHS (on behalf of Selawite ANV)
for planning construction of WWTF improvements.
Established ISA grant to PHS (on behalf of Tulalip Tribe) for
WWTF improvements.
Established ISA grant to PHS (on behalf of Port Gamble
STKaUam Tribe) for new WWTF.
21
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF WATER
CLEAN WATER ACT PROGRAMS
EXP. WORK
OFFICE ($1,000) YEARS TYPE DESCRIPTION
Region 10
HQ
HQIOW
HW/OST
$37.00
$15.00
$250.00
$30.00
0.10
0.10
0.20
0.05
0.05
0.01
0.01
0.05
0.25
0.35
0.25
1.00
2.00
0.25
F/A
F/A
T/A
T/A
T/A
F/A
F/A
DA
F/A
T/A
Outreach
DA
DA
DA
DA
Outreach
Established ISA grant to PHS (on behalf of the Hoh Tribe) for
newWWTF.
Established ISA grant to PHS (on behalf of NezPerce Tribe)
for WWTF improvements.
Awarded Title II grant to Swinomish Tribe for construction of
new WWTF.
Awarded Title II grant to Lummi Tribe for construction of two
newWWTFs.
Reviewed Stillaeuimish application for water conservation grant
Assisted Region 10 in awarding grant (under Section 3 19) to
Confederated Tribes of Colville.
Assisted Region 4 in awarding grant (under Section 3 19) to
Poarch Band of the Creek Indian Tribe.
Awarded funds to Region 5 for undertaking a comparative risk
project for eleven tribes in WI; served on IWG.
Coordinated Indian Programs; assisted tribes in understanding
programs and process for applying for programs.
Developed and coordinated Indian regulations and policies.
Developed Indian regulations; coordinated Indian Programs.
Provided policy guidance and oversight to assist the tribes in
development of capabili ty to address WQ problems.
Established IAG with IHS to administer wastewater treatment
grants to tribes.
Conducted two multi-regional workshops on WQS for tribes.
22
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF WATER
SAFE DRINKING WATER PROGRAMS - UIC
OFFICE
Region 1
Region 2
Region 5
Region 6
Region 8
Region 9
Region 10
HQ
EXP. WORK
($1,000) YEARS TYPE DESCRIPTION
$20.00
$35.00
$21.40
$204.555
$32.30
$107.00
$1.00
$0.50
$9.20
$13.20
$30.60
$10.00
$5.00
$5.00
0.10
0.15
0.50
0.50
0.10
0.66
1.00
19.0
0.01
0.20
0.05
0.05
0.16
0.14
0.14
0.16
0.08
0.90
0.33
0.40
0.10
0.20
0.12
0.04
1.60
0.30
0.20
D/I - T/A
D/I
T/A
D/I
T/A
F/A - T/A
Outreach
Outreach
D/I
D/I - F/A
Outreach
F/A
D/I
T/A
Outreach
D/I
D/I
D/I
D/I
D/I
D/I
D/I
D/I
T/A
T/A
T/A
T/A
D/I
Outreach
D/I
Continued D/I and T/A for Wampanoag and Narraganset Tribes.
Administered UIC (Underground Injection Control) program for
SNI.
Provided T/A to SNI/SRMT regarding UIC program delegation.
Established IAG with IHS to assist in direct implementation by
providing an inventory of UIC wells (shallow injection wells,
class V).
Provide training on injection wells to IHS field personnel and
tribal staff.
Assisted Mille Lacs Reservation in development of their UIC
program in the form of grants, outreach/training, and oversight
Conducted seminars for tribes and operators; provided wide
distribution of program information on Class II and Class V
wells on Indian lands in MM and OK.
Transferred Navajo program to Region 9.
Awarded grant to Osage Tribe for UIC activities.
Began Class V well inventory and inspections within Osage
Nation; expanded UIC Class II program to oils in OK.
Continued second year of development grant to Fort Peck
Tribes.
Continued acquifer protection activities on MT.UT, WYand
CO Indian lands. Special emphasis project on Southern Ute
lands.
Provided assistance to well operators to help protect tribal
acquifers; provided support to Region 8 Indian tribes.
Conducted training for Indian Tribes regarding UIC.
Witnessed 130+ internal mechanical integrity tests of Class II
wells on Navajo lands.
Issued 3 permits for Class II wells on Navajo lands.
Sent out and received back comments from affected agencies
concerning Navajo Nation TAS in UIC program.
Began file review process on Class II wells on Navajo lands.
Attended meetings on Aneth Field, UT.
Maintained violation letters and Class II guidance documents.
Negotiated an IP A (Inter-governmental Personnel Agreement)
arrangements.
Evaluated Region 10 Indian lands groundwater status; sampled
identified problem areas.
Cosponsored continued training program for Indian tribal leaders
and water operators.
Provided water samples analysis for general metals, pesticides,
PCBs, herbicides for the Skokomish Tribe, WA.
Provided water samples analysis for general metals for the
Skokomish Tribe, WA.
Water samples analysis for total and trihalomethanes for the
Skokomish Tribe, WA.
Work effort for sample analysis.
Coordinated Indian programs.
Assisted in implementation of data management system.
23
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF WATER
SAFE DRINKING WATER PROGRAMS - PWSS
EXP. WORK
OFFICE ($1,000) YEARS TYPE DESCRIPTION
Region 2
Region 4
Region 6
Region 7
Region 8
$8.00
$6.40
$67.50
$1.00
$58.00
$8.00
$40.00
0.10
0.30
0.20
0.10
0.20
0.10
0.05
0.30
2.30
0.10
0.10
0.10
1.00
0.10
0.20
0.30
0.10
0.20
0.10
0.02
0.05
0.50
0.20
F/A
T/A
T/A
D/I
D/I
F/A
D/I
T/A
T/A
Outreach
D/I
T/A
T/A
Outreach
D/I
F/A
T/A
T/A
D/I
D/I
Outreach
D/I
T/A
Outreach
Outreach
D/I
F/A - T/A
Outreach
Provided funds to SNI and SRMT for PWS (Public Water
System) monitoring, testing and training.
Provided T/A to SRMT and SNI for their PWSs.
Administered the PWS program for SRMT and SNI.
Provided funds/training for VOC (Volatile Organic Chemical)
sampling for Cherokee and Choctaw Tribes through grants from
OGWDW (Office of Groundwater and Drinking Water).
Conducted sanitary surveys of all the drinking water systems on
Region 4 reservations.
Provided T/A to all Region 4 tribes concerning their PWSs.
Conducted a 3-day health and safety training course for Region 4
tribes.
Provided outreach: attended Indian PWS management/primacy
conference, utilities management meeting and drinking water
conference; created technology transfer and pollution prevention
bulletin boards and sent various publications to Region 4 tribes.
Implemented drinking water regulations on Indian lands in
Region 6. (Funding for water sample analysis costs).
Responded to gasoline spill near Sandia Pueblo (Houston lab
costs).
Approved TAS application for Cheyenne and Arapaho Tribe;
conducted jurisdictional notice.
Participated in seminars on drinking water regulations with
tribal representatives and water operators.
Awarded grant to Indian engineer to evaluate systems for surface
water treatment regulations.
Contracted with IA Rural Water Association and KS Rural
Water Association to provide assistance to water operations of
the Sac and Fox and Kickapoo Tribes in resolving O&M
problems, etc.
IAG with Aberdeen Area IHS for O&M training for tribal
operators.
Indian lands coordinator visited tribes to discuss the SDWA
requirements and performed sanitary surveys of PWSs.
Indian Program coordinator forOW attended and participated
in IWG meeting in Washington, DC on May 1991.
Indian lands coordinator met with tribes, IHS and BIA staff to
discuss water issues/ seek input into environmental programs.
Indian lands coordinator arranged for collection and analyses of
drinking water samples for VOCs, SOCs, lead and unregulated
contaminants on Indian lands.
Met with Ft. Belknap Community Council and Yankton Sioux
Tribal members regarding TAS; reviewed Ft Belknap's draft
developmental grant proposal.
Cosponsored two primacy workshop with Ken Kerri in Denver,
CO and Billings, MT. (17 tribes attended).
Continued tracking, monitoring and compliance activities for
PWSs, including surveys.
Awarded second year developmental grant to Standing Rock
Reservation; provided oversight of PWSS development grant.
24
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF WATER
SAFE DRINKING WATER PROGRAMS - PWSS
OFFICE
Region 8
*
Region 9
EXP. WORK
($1,000) YEARS TYPE DESCRIPTION
$55.00
$8.00
$2.50
$11.00
$20.00
$10.00
$20.00
$36.40
$0.20
$32.00
$20.00
$23.00
0.15
0.45
0.05
0.10
0.50
2.00
1.00
0.04
1.00
1.00
1.00
1.00
0.35
1.00
Outreach
DA
Outreach
D/I
T/A
T/A
D/I
T/A
T/A
Outreach
D/I
D/I
D/I
D/I
D/I
D/I
D/I
D/I
D/I
D/I
F/A
D/I
F/A
Met with Confederated Salish, Kootenai, Assiniboine, Gros
Venire, Ft Peck, Devils Lake Sioux, Standing Rock Sioux,
CERT, Navajo Nation, Southern Ute, and Ogalla Sioux Tribes,
Pine Ridge Reservation, Wind River Reservation and Standing
Rock Tribal College, MT Operations Office on Drinking Water
Program; mailed and distributed materials per request; met with
most Tribes on one-to-one basis.
Coordinated EPA activities on Indian reservations for Region 8.
Updated inventories on facility conditions; provided T/A needs
through the performance of sanitary surveys on Indian lands.
Trainer traveled to reservations and provided O&M training for
Indian water system operators through the American Water
Association of SD.
Provided training for eight Native Americans.
Sponsored Native American Awareness Day.
Provided training on SDWA requirements on Indian lands.
Participated on Region 8 IWG; served on cultural awareness and
multi-media review subcommittee; served on Water Division
Inter-agency Indian Panel to improve coordination.
Logged and tracked compliance data of 450+ PWSs.
Performed sanitary surveys and inspection of PWSs on Indian
lands in CA, NV, AZ and NM (Navajo).
Continued IAG provided partial funding of an O&M coordinator
position in Reno, NV IHS Office: training and technical advice
to tribes regarding PWS management and O&M issues.
Continued IAG with Phoenix area IHS to provide classroom
training on utility management for water board members and
other tribal officials.
Established new IAG with Tuscon Area IHS office to provide
continued partial funding for O&M coordinator position:
training and technical advice to tribes for PWS and O&M.
AARP Position: hired a data management specialist to update
Indian compliance tracking program and manage data.
Notified all schools and daycare centers on Indian lands in
Region 9 about LCC A (Lead Contamination Control Act) and
the availability of funds in Region 9 for lead testing in schools.
Provided outreach to tribal water systems by conducting
workshops and presentations on the SDWA (Sampling
Techniques and Region 9 Indian Enforcement Policy, etc).
Continued IAG in CA IHS office for O&M advocate (CR
position); provided hands on training and support for operations
in rural communities in Northern CA.
Awarded grant to CA Rural Water Association to provide T/A
for water systems operators for 10 PWSs located on Indian lands
in Central and Northern CA.
Awarded training grant to N'l'UA tor water system operator
training program.
25
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF WATER
SAFE DRINKING WATER PROGRAMS - PWSS
EXP. WORK
OFFICE ($1,000) YEARS TYPE DESCRIPTION
Region 9
Region 10
HQ
$170.00
$26.20
$70.00
1.00
0.04
0.02
0.02
0.01
0.30
0.10
0.25
0.30
0.06
0.25
0.25
F/A
D/f
D/I - T/A
D/I - T/A
T/A
T/A
T/A
T/A
T/A
T/A
D/I
Outreach
Outreach
Awarded training grant to the Navajo Nation/ Navajo EPA, after
TAS approval for development of PWSS program.
Coordinated water supply and water pollution performance
evaluation studies for NTUA and Tohono O'odham.
IHS conducted microbiological analyses.
Performed sampling of drinking water at Duck Valley.
SDWA TAS review and assistance for Lummi draft application.
Cosponsored training program for tribal water operators and
managers.
Met with Region 10 tribes to discuss program primacy and rule
implementation.
Coordinated with State and ANVs on SDWA program.
Performed Giardia analysis for Yakima Tribe.
Performed bacterial analysis for Skokomish Tribe.
Provided coordination of Indian Programs.
Developed Utility Management handbook; presented workshops.
26
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF WATER
GROUNDWATER PROGRAMS
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
Region 6
Region 8
Region 10
$50.00
$6.70
$3.00
1.00
0.15
0.02
0.001
0.03
0.05
T/A
T/A
T/A
Outreach
T/A
F/A
T/A
Outreach
Selected one tribe for funding for FY91 WHP demonstration
project; authorized under Section 1442 (b)(3) SDWA
Provided groundwater training for Native Americans.
Conducted two workshops on "WHP: Tools for Indian Tribes".
Provided information to tribes on the opportunity to apply for
wellhead demonstration grants; reviewed project proposals; and
provided supplemental technical information to applicants.
Reviewed sludge disposal proposal by Unocal for the Tulalip
Reservation; commented to Tribe on potential for groundwater
contamination.
Nez Perce Tribe requested extension on groundwater grant March
31, 1991.
Attended Shoshone-Bannock meeting to discuss groundwater
work plan with technical staff.
27
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:
,
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
THE OFFICE OF PREVENTION, PESTICIDES AND Toxic SUBSTANCES
The basic authorities for the Prevention, Pesticides and Toxic Substances
Programs are the Federal Insecticide, Fungicide and Rodenticide Act, the
Federal Food, Drug and Cosmetic Act, the Toxic Substances Control Act, the
Asbestos Hazard Emergency Response Act, the Asbestos Schools Hazard
Abatement Act and the Emergency Planning Community Right-to-Know Act
(EPCRA) of the Superfund Amendments and Reauthorization Act.
These authorizations recognize the need for protecting human health and
the environment from harmful chemicals. They form the basis of the Office of
Pollution Prevention, Pesticides and Toxic program activities on Indian lands.
Programs under ASHAA and the Asbestos Hazard Emergency Response
Act focus on the elimination of asbestos in schools and public buildings as an
existing chemical risk/hazard while other potential risks from new and existing
chemicals (including pesticides) are identified, assessed, and managed under the
Toxic Substance Control Act, the Federal Insecticide, Fungicide and
Rodenticide Act and the Emergency Planning/Community Right to Know Act
(Title El of SARA). This broad coverage enables EPA to take a variety of
regulatory actions which impact on the manufacture, distribution in commerce,
processing, use and disposal of chemical substances. The major initiatives in
the pesticide program that will impact heavily on the tribes are certification of
pesticide applicators, enforcement of regulations for pesticide use and protection
against pesticides for agricultural workers, endangered species and
groundwater.
To date, the states, tribes, regions and EPA have collectively focused on
achieving environmental results through federal assistance (e.g., asbestos
abatement and enforcement grants) and outreach (e.g., training, seminars, etc.).
29
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF PREVENTION. PESTICIDES AND TOXIC SUBSTANCES
OFFICE
EXP.
($1,000)
WORK
YEARS TYPE
DESCRIPTION
Region 1
Region 2
Region 4
Region 5
Region 6
Region 7
Region 8
$35.00
$8.00
$34.90
$1.05
$31.083
$33.60
$36.608
$4.20
$7.40
$1.30
$14.00
$13.09
$20.87
0.05
0.20
0.01
0.02
0.02
0.27
0.10
0.01
0.01
0.05
0.01
0.10
0.10
0.10
D/I
F/A
T/A
Outreach
Outreach
F/A
T/A
T/A
F/A
T/A
Outreach
Outreach
Outreach
D/I
D/I
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
Reviewed and commented on Region 1's environmental survey
Hqs. "Environmental Assessment Program for Indian Lands",
and the Draft Guidance for Multi-Media Grant to Tribes.
Prepared funding proposal for HQ; participated in Region 1
IWG functions; assisted with TSCA National Conference.
Reviewed pesticides application by Oneida Nation. Oneida
Nation declined grant
Presented EPCRA overview and tribal requirements to the
Miskosukee Tribe; met with Seminole representative to initiate
an MOU regarding EPCRA; collaborated with HQ and attended
a Tide III workshop in Boston with representatives of five
Region 4 tribes.
Consulted with tribal personnel and coordinated with State lead
Agency and tribes for upgrading, certification and training needs.
Awarded grant to Leech Lake Tribe to develop fish sampling
plan and lab analysis of fish.
Assisted the White Earth Band hi developing GWP program.
Negotiated cooperative research agreement with the Leech Lake
Band of Minnesota Chippewa. (ORD HQ awarded in the fourth
quarter).
Attended FY 91 Tribal Pesticide Conference in Albuquerque,
MM; commented on multi-media strategy and tribal proposals
for multi-media programs; participated in RIWG.
Held meeting for Region 6 states on EPCRA & 313 issues
(Acoma Pueblo and Shawnee attended; EPA funded the travel
expenses for tribal representatives).
Attended OCM Tribal Pesticide Conference tribal pesticide
workshop in Albuquerque, MM.
Assisted Region 7 tribes in applying for pesticide certification
and enforcement program under FIFRA.
Participated as presenter at 1991 Tribal Pesticide Conference.
Awarded grant to the Santee Sioux Tribe for implementation of
a pesticide enforcement and certification program.
Awarded grant to the Winnebago Tribe for implementation of a
pesticide enforcement and certification program.
Awarded grant to Omaha Tribe for implementation of pesticide
enforcement and certification program.
Santee Sioux administered pesticide applicator C&T program.
(certification and training).
Administered a C&T (certification & training) program for the
Omaha Tribe.
Administered a C&T program for Winnebago Tribe.
Developed plans for GWP and worker protection programs for
Oglala Sioux.
Developed plans for GWP and worker protection programs for
Cheyenne River Sioux.
Developed GWP program for Rosebud Sioux.
30
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF PREVENTION. PESTICIDES AND TOXIC SUBSTANCES
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
Region 8
Region 9
Region 10
$135.634
$38.89
$9.09
$10.00
$125.634
$55.00
$5.00
$81.50
$5.00
$8.00
$20.80
$280.00
$34.80
$20.80
$5;00
$15.00
$33.87
$30.00
0.30
0.10
0.10
0.01
0.05
0.01
0.01
0.25
0.10
0.10
0.10
2.00
0.70
0.20
0.10
F/A
F/A
F/A
T/A
T/A
F/A
F/A
F/A
T/A
F/A
T/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
T/A
Awarded pesticide enforcement grants to Cheyenne River, Pine
Ridge, Rosebud, Standing Rock and Three Affiliated Tribes.
Awarded GWP grants to Pine Ridge, Three Affiliated Tribes and
Cheyenne River.
Awarded worker protection grants to Pine Ridge and Cheyenne
River.
Sponsored a pesticide enforcement grant writing workshop for
Region 7 and Region 8 tribes.
Approved pesticide applicator certification plans and negotiated
cooperative enforcement agreements for Rosebud and Cheyenne
River Sioux Tribes.
Awarded Standing Rock Tribe a pesticide enforcement grant
Made five pesticide enforcement agreements with the Cheyenne
River, Oglala, Rosebud Sioux Tribes and the affiliated tribes.
Awarded grant to Native American Fish and Wildlife Society for
pesticide management, T/A and training.
Participated in grant to the Nature Conservancy Endangered
Species' programs for field guide for UT tribes. ($55K funded
by US Forest Service, US Fish and Wildlife Service, Bureau
of Land Management, NFS).
Awarded continuation pesticide enforcement grant toNavajo
Nation to enforce FIFRA on the Reservation.
Awarded project grant to the Navajo Nation for the development
of an endangered species protection program on the Reservation.
Awarded project grant to the Navajo Nation for the development
of GWP program on the Reservation.
Awarded project grant to Navajo Nation for the development of
worker protection standards for agricultural pesticides program
on the Reservation.
Awarded grant to ITCA for pesticides enforcement of FIFRA.
(Tribes included in grant were Gila River, Salt River, Cocopah,
Quechan, Ft. Mojave, Colorado River and AK Chin).
Provided funding to ITCA to develop GWP management plan
for pesticides.
Awarded grant to ITCA for worker protection. (Tribes included
in the grant were Gila River, Salt River, Ft. Mojave, Cocopah,
Quechan, Colorado River and AK Chin).
Continued endangered species program for seven AZ tribes.
Awarded contract to Navajo Nation to translate pesticide
brochures/pamphlets into Navajo, develop Navajo language
radio announcements on pesticide safety and produce Navajo
language video tape on safe and proper spraying of livestock for
pest control.
Administered a C&T program and implemented GWP and
worker protection programs for Shoshone-Bannock Tribe.
Awarded a pesticide enforcement grant to Shoshone-Bannock to
assist with the implementation of tribal pesticide code and the
certification program.
31
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF PREVENTION. PESTICIDES AND TOXIC SUBSTANCES
OFFICE
EXP.
($1,000)
WORK
YEARS TYPE
DESCRIPTION
Region 10
HQ
$58.00
$24.00
$20.00
$60.00
$70.00
$75.00
$67.80
$24.00
$14.67
0.15
0.02
0.02
0.01
0.03
0.01
0.10
0.20
0.15
0.25
0.15
0.15
0.40
0.20
0.10
0.10
0.10
0.10
F/A
Outreach
Outreach
T/A
T/A
Outreach
F/A
F/A
T/A
D/I
DA
Outreach
F/A
T/A
F/A
T/A
F/A
Outreach
F/A
F/A
D/I
T/A
T/A
Awarded pesticide enforcement grant to Shoshone-Bannock.
Attended North American ID Womens Association workshop to
recruit Indians.
Assisted Pesticides Program upon review of Shoshone-Bannock
Reservation.
Provided information to Yakima Indian Nation for development
of pesticide grant request and work plan.
Sponsored enforcement training workshop for Indian tribal and
SIA personnel.
Met with Yakima Indian personnel during pesticide workshop to
discuss development of pesticide enforcement and other pesticide
programs.
Developed asbestos management program for the Shoshone-
Bannock Tribes.
FOD provided partial funding for a pesticide workshop in
Albuquerque, NM (OCM paid for remaining cost of CERT
grants).
Participated on Cultural Diversity and Environmental Equity
Task Forces.
Participated on Indian Heritage Celebration Task Force.
Recruited Native Americans and developed a support system for
them.
Awarded grant to CERT to coordinate FIFRA tribal enforcement
conference in April 1991. (Tribal representatives from Region
5-10 in attendance).
Awarded grant to Art Association to coordinate TSCA tribal
enforcement conference in November 1991. (IWG members and
Tribal representatives from Region 1-10) were invited.
Awarded grants to theAJSES (American Indians Science and
Engineering Society) for environmental scholarships.
Awarded loans and grants to tribes for five in-school asbestos
projects.
Awarded funds to tribes for asbestos schools certification and
training.
Assisted BIAin multi-media toxics in-schook conference and
provided training.
Developed the Tribal Enforcement Cooperative Agreement
Application Manual.
Participated in development of training manual and in conduct
of training of tribal leaders with AIO.
32
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
THE OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
The programs administered by the Office of Solid Waste and Emergency Response
are authorized by the Resource Conservation and Recovery Act (RCRA), as amended by
the Hazardous and Solid Waste Amendments of 1984, and the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended by the Superfund
Amendments and Reauthorization Act of 1986.
EPA's goals in these areas are to protect human health and the environment by
addressing hazardous substance emergencies and uncontrolled hazardous waste sites; to
ensure proper ongoing management and closure of solid and hazardous waste facilities; to
prevent leaks from underground storage tanks and to conduct corrective actions for leaks
that threaten human health and the environment; and, to promote community awareness of
chemical hazards; and to develop state and tribal capabilities for preventing and responding
to chemical accidents and emergencies.
In FY 91 the Office of Solid Waste's greatest challenge in implementing the EPA
Indian Policy involved efforts to provide technical assistance to Indian tribes for the
implementation of Subtitle D of Resource Conservation and Recovery Act in Indian
Country. Toward this end the Office of Solid Waste has been working to provide funding
to Indian tribes for technical training and to develop Solid Waste Management plans.
In addition to this work, the Office of Solid Waste has continued to evaluate statutory
and regulatory issues regarding implementation of Subtitles C and D of the Resource
Conservation and Recovery Act in Indian Country. As part of this evaluation, the Office of
Solid Waste has previously included recommendations regarding statutory changes to
RCRA as it pertains to Indian lands in its Report to Congress on solid waste management
in the United States.
The Office of Underground Storage Tanks continued its efforts to assess the extent of
human health and environmental problems caused by underground storage tanks on Indian
lands.
The Chemical Emergency Preparedness and Prevention Office provides training
services through the Superfund Amendments and Reauthorization Act Title III. It has
developed and published a proposed rule on the treatment of Indian tribes as states for
purposes of Title III.
The Office of Waste Programs Enforcement provides technical support to the regional
offices concerning enforcement issues on Indian lands; is investigating jurisdictional issues
relating to enforcement of Subtitle D on Indian lands; and coordinates performance
standards and natural resource damage claims for CERCLA statements.
The Office of Emergency and Remedial Response continued to stress the importance of
EPA/Tribal relationships by affording governing bodies of Indian Tribes substantially the
same treatment it would afford to States with respect to certain provisions of CERCLA and
providing opportunities as individuals and communities to participate, and receive
technical assistance to understand the problems impacting them.
34
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF SQLTD WASTE AND EMERGENCY RESPONSE
RCRA PROGRAMS
OFFICE
EXP.
($1,000)
WORK
YEARS TYPE
DESCRIPTION
Region 1
Region 4
Region 5
$23.50
$54.00
$$15.745
$9.50
$20.00
$50.00
$65.00
$10.00
$50.00
$30.00
0.05
0.10
0.05
0.10
0.10
0.10
0.015
0.015
0.015
0.015
0.030
0.045
0.01
0.005
0.02
0.10
0.05
0.02
0.02
0.05
0.05
D/I
F/A
F/A
F/A
F/A
F/A
F/A
T/A
F/A
T/A
F/A
T/A
F/A
T/A
F/A
T/A
T/A
T/A
T/A
T/A
T/A
D/I
T/A
T/A
T/A
T/A
T/A
RCRA staff participated on regional IWG; reviewed Region 1
environmental survey for tribes; researched Passamaquody Indian
Township landfill compliance.
Awarded recycling program grant to the Mississippi Band of
Choctaw Indians for recycling and SWM planning.
Grant to Cherokee for recycling SW management planning.
Awarded recycling program grant to Miccosukee.
Awarded SWM grant to Poatch Band of Creek Indians.
Awarded SWM grant to Seminole Tribe.
Monitored assistance grant to Bois Forte Reservation
project to develop SWM for the Reservation.
Monitored SWM assistance grant to Leech Lake Reservation
to develop a SWM plan and a closure/ post closure
plan for existing landfill.
Monitored SWM assistance grant to Menominee Indian Tribe
project to develop recycling program for Reservation.
Monitored SWM assistance grant to theMille Lacs Band
of Chippewa Indians project to develop SWM plan
for Reservation.
Awarded SWM assistance grant to Red Lake Band of Chippewa
for the development of a SWM plan on the Reservation.
Reviewed and commented on applications.
Commented on agenda for Subtitle D Indian Lands Retreat
Attended Subtitle D Indian Lands Retreat on April 9-10, 1991,
in Washington, DC.
Attended workshop on Indian SWM issues in conjunction with
RIT meeting on June 13, 1991 in Denver, CO.
Attended workshop for Region 5 tribes at Lac du Flambeau, WI;
made presentation on Subtitle D, Aug. 6-9, 1991.
Coordinated with Indian environmental liaisons to identify
facilities on Indian land subject to RCRA Subtitle C. (TES
contractor did inspections).
Reviewed final UWEX circuit report and confirmed existing
UST (Underground Storage Tanks) notification database; updated
tribal Chairman list.
Identified tribal land as Federal, Fee, Trust or other.
Developed MOA between Minnesota Chippewa Tribe, MFC AS
and Region 5.
Sent letters to Region 5 tribes to encourage them to
notify the Regional office or State UST Agency regarding
new UST installation or previously unidentified UST removal.
Summer intern and UST coordinator assisted with UST closures
via letters, phone conversation and site visits.
35
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
RCRA
EXP. WORK
OFFICE ($1,000) YEARS TYPE DESCRIPTION
Region 5
Region 6
$50.00
0.05
0.05
0.01
0.05
0.08
0.03
0.04
0.04
0.03
0.01
0.02
0.01
0.03
0.05
0.04
0.03
0.05
0.05
T/A
T/A
T/A
D/I
T/A
D/I
T/A
D/I
T/A
F/A
T/A
D/I
Outreach
T/A
T/A
T/A
D/I
D/[
D/I
D/I
D/I
F/A
Ensured USTs met current UST requirements.
Sent reminder letters to those owners/operators (identified via
CR inventory report) who did not notify the Agency about their
tanks; mailed information on leak detection requirements.
Provided outreach: solicited support for tribal consortium and
sponsored information on-site workshops (UST requirements)
with ten tribal governments.
Conducted three organizational meetings with the 19 Pueblo
Governors on the formation of UST Consortium in NM and
designation of a single agency to serve as UST Tribal Office.
Obtained formal resolution of AIPC (All Indian Pueblo Council
of NM) to establish POEP (Pueblo Office of Environmental
Protection) and to designate the Office as lead UST Agency to
serve all 19 Pueblos and also to serve as single point of EPA
contract for development of a tribally-run UST program in NM.
Negotiated space/support agreements necessary for placement of
on-site UST Indian lands liaison in NM with AIPC; obtained
formal agreement for AIPC to sponsor and house the liaison.
Transferred $50,000 in Region: LUST trust fund allocation
into SEE program contract for purpose of establishing Indian
Lands Liaison in NM to serve as point of contact for all
Indian lands UST activities.
Coordinated Indian land responses for regional information
requests; updated Regional UST database for all Indian lands
tank population.
Developed UST materials for distribution to Region 6 tribal
governments along with recommendations for viable program
alternatives to direct funding.
Distributed UST technical regulations/publications to Region 6
tribal governments upon request and at organizational meetings
with governmental leaders.
Provided overall UST Indian land program coordination within
EPA regional office and with state programs.
Coordinated and presented Indian sensitivity training to Region
6 OUST and RCRA staff members.
Responded to and coordinated tribal land release reports and
remediation efforts, including technical review of corrective
action plans in conformance with UST regulations.
Participated on Region 6 IWG strategy/work plan development
Coordinated five Region (5, 6, 8, 9, 10) OUST Indian Strategy
Workgroup meeting; participation in OUST IWG activities
(Strategy revision, guidance development, etc.).
Coordinated OUST Indian activities with SFand SW (Solid
Waste), including joint orientation between programs and tribal
governments.
Assessed current SWM practices and need for Native American
communities in NM.
Continued to monitor grant awarded to the Northeast Advisory
Committee for the collection of data on S W disposal systems to
meet present and future needs in OK. (Members of Cherokee
Nation sit on the Committee).
36
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
RCRA PROGRAMS
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
Region 6
Region 7
Region 8
$10.70
$66.00
$3.00
$48.013
$100.00
$40.00
$0.50
$3.00
$25.00
$5.00
$5.00
$15.00
0.10
0.05
0.05
0.05
0.02
0.04
0.08
0.02
0.01
0.08
0.01
0.01
0.04
0.08
0.10
0.30
D/I
F/A
F/A
T/A
T/A
T/A
F/A
T/A
Outreach
T/A
D/I
D/I
DA
F/A
Outreach
D/I
Outreach
D/I
D/I
D/I - T/A
Outreach
Continued work to identify and rank regulated RCRA HW
(Hazardous Waste) handlers operating on lands under jurisdiction
of Indian tribes in Region 6.
Continued to monitor grant to Zuni Pueblo (NM) to implement
a SW education and outreach program, which involves both the
Zuni school and community. Deliverables include development
of pilot composting project and a "how to" video documentary;
school/community education on SW reduction and recycling, as
well as a poster contest; development of advisory board report
and recommendations for Zuni S WM; development of statistical
reports to evaluate progress and products of project.
Awarded grant to Zuni Pueblo (NM) to establish a "systems"
approach as model for SWM and reduction for Native American
communities. The Zuni goals: a visibly clean environment on
the Zuni Reservation, a sustained recycling center and a five
year integrated SWM plan by 1992.
Identified HW handlers on Indians lands.
Conducted RCRA training for tribes.
Provided assistance in developing a SW education and outreach
program for Pueblo of Zuni.
Awarded grant to the Eight Northern Indian Pueblos Council to
establish a comprehensive SWM plan for the Eight Member
Pueblos, which will include data collection and analysis of
SW produced now and in the past, and disposed of in existing
dump sites, policy development for handling new and old waste,
development of standards/codes/regulatory process, monitoring
and enforcement of standards and codes, community education
and staff development and training for handling SW.
Surveyed open dump and made recommendations on closure
procedures and ordinance/code to prevent open dumping and
alternative collection/disposal methods, at Kickapoo Tribe and
IHS request. (Kickapoo closed the dump and instituted contract
collection disposal services via green box).
Prepared a regional SW strategy; assembled support information
for tribes to use in improving SWM on reservations.
Assisted on a new tank installation to assure proper installation
procedures and adequate operation, at the request of the Sac and
Fox Tribe; identified and corrected problems with IHS contractor
meeting UST requirements at site.
Conducted LUST cleanup at Wind River.
Inspected UST closure at Yankton.
Conducted UST leak detection inspections.
Awarded grants for the UST program implementation costs and
equipment to Region 8 tribes.
Oversaw state-led LUST cleanup at Wind River, Rosebud and
Pine Ridge.
Provided community relations training.
Conducted site visit at Turtle Mountain as part of RCRA RFA.
Issued warning letter at Hercules regarding RCRA violations.
Provided overall coordination of UST/ LUST program for Indian
lands.
37
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
RCRA PROGRAMS
OFFICE
EXP.
($1,000)
WORK
YEARS TYPE
DESCRIPTION
Region 8
$1.00
$4.00
$50.00
$1.00
$20.00
$20.00
$13.373
$13.50
$20.00
0.01
0.08
0.10
0.05
0.30
0.05
0.10
0.10
0.03
0.10
0.50
0.10
0.20
0.05
D/I
D/I
D/I
D/I
D/I
T/A
Outreach
F/A
T/A
T/A
Outreach
Outreach
T/A
Outreach
T/A
D/I
T/A
T/A
T/A
T/A
T/A
Inspected for release detection compliance on sites at Cheyenne
River Reservation.
Developed MOA between tribe/state/EPA for UST programs on
on Rosebud and Wind River Reservations.
Conducted LUST site assessment at Wind River Reservation.
Sent letters for UST/ LUST release detection compliance to
Indian land sites within Region 8.
Provided overall SW coordination including program oversight,
T/A and program development for Ft. Totten, Unintah.Ouray,
Wind River, Northern Cheyenne, Blackfeet, Ft Belknap, Ft
Berthold, Rocky Boys, Standing Rock, Southern Ute, Cheyenne
River, Rosebud and Pine Ridge Reservations; coordinated
activities that included assistance, involvement, and cooperation
from fflS, BIA, HUD and individual states.
Awarded grant to Northern Cheyenne Tribe and its consultant,
Indian Affiliates of Orem, UT, on the feasibility of setting up a
tribally run SW conversion, reuse and recycling program.
Reviewed proposals for building a SW landfill on Rosebud
Reservation where off-reservation SW would be shipped to the
landfill; met with BIA and potential builder of landfill. BIA
became lead Agency for developing EIS (Environmental Impact
Statement). EPA will review Rosebud SW codes and will be
involved in public hearings and meetings.
Provided SW coordination including program oversight, T/A
and program development for the Pine Ridge Reservation as it
complies with a Court ordered clean up program. (Sites were
closed and cleaned up with new sites being constructed. The
new sites comply with SD regulations and EPA Part 257.
Tribe is developing own landfill operation rules and developing
SW codes/ordinances).
Established IAG with IHS (Phoenix, AZ); hired contractor to
develop a Unintah andOuray Reservation wide SWM study
and landfill operations plan. (Plan will include a system to
manage SW generated by communities near Reservation).
Assisted OSW HQ in development and implementation of a
SWM plan to include a Reservation-wide collection/ disposal
system for the Ft. Belknap Reservation. Program will include
participation and funding from EPA (OSW), HUD, SLA, IHS
and the Tribe.
Assisted tribes and Federal agencies in development of landfill
programs.
Developed regional enforcement strategy for Indian lands.
Provided T/A on MSWLF criteria.
Provided SW management assistance for Ft. Belknap and
Rocky Boys Reservations.
Provided SWM assistance for Rosebud Sioux Tribe.
Conducted recycling feasibility study for Northern Cheyenne.
Investigated Subtitle C issues.
38
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
RCRA PROGRAMS
EXP.
OFFICE ($1.000)
WORK
YEARS TYPE
DESCRIPTION
Region 9
$50.00
$55.00
$125.00
$15.00
$10.00
$20.00
$14.50
$3.00
$5.00
$35.00
$40.00
0.50
1.00
0.01
0.05
0.10
0.25
0.25
0.10
0.20
0.30
0.038
0.10
0.06
0.13
0.06
0.02
0.05
0.04
0.50
0.08
0.058
D/I
T/A
D/I
T/A
Outreach
Outreach
F/A
T/A
F/A
F/A
Outreach
T/A
Outreach
F/A
T/A
T/A
T/A
Outreach
D/I
D/I
D/I
D/I
D/I
D/I
T/A
F/A
D/I
Outreach
Outreach
D/l
Addressed LUSTs on tribal lands; oversaw UST and LUST
activities relating to compliance with UST regulations.
Continued AZ Circuit Rider position to investigate UST-
related human health and environmental problems on
Indian lands. (Funding awarded through contract with
National Council of Senior Citizens).
Participated in RCRA information exchange with AZ tribes.
Meeting was co-hosted by EPA and ITCA to discuss RCRA
issues on Indian lands, possible funding sources, direction of
RCRA programs and training needs.
Awarded grant to Navajo Nation for assistance in UST/ LUST
program implementation and compliance.
Continued second year of IAG with IHS Tuscon area office to
assist Tohono O'Odham Nation in development of SWMpIan
and assessment of S WM on Reservation.
Contracted to assess SWM on CAand NV reservations with
limited T/A.
Two SEE staff performed SW assessments of some AZ
reservations. (Project included limited T/A to the tribes).
Prepared and oversaw work assignment for contractor review of
EIS for proposed commercial landfill on Campo Reservation;
reviewed EIS and contract monitoring.
Analyzed the review options of EISs for proposed landfills on
Indian lands.
Led SW program and served as liaison to all 139 Region 9
tribes.
Entered into consent agreement with facility on Gila River
Indian Reservation to correct HW violations.
Conducted oversight of TSD on Gila River Indian Reservation,
consisting of sampling and remediation activities .
Conducted sampling oversight; reviewed sampling results;
finalized closure plan for facility at Gila River.
Negotiated and entered into consent agreement with facility on
Navajo Reservation requiring sampling; collected penalty of
$1 13.5K; conducted oversight of sampling activities.
Reviewed part B application for TSD facility on La Posta
Reservation; prepared community outreach information.
Evaluated Navajo grant proposal to fund training/inspections.
Participated in drafting RCRA regulatory language for tribes to
obtain authorization for RCRA. (Reviewed discussion paper,
regulatory language and attendance at work group meetings).
Awarded RCRA 8001 grant to Gila River Indian Reservation.
Conducted four inspections on the Navajo and Gila River
Reservations in coordination with tribal representatives; drafted
three formal and one informal enforcement actions.
Provided training forAZ tribes on HW emergency response/
generator identification; coordinated through ITCA.
Reviewed data base information to determine the number of
regulated facilities on Indian lands.
39
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
RCRA PROGRAMS
OFFICE
EXP.
($1,000)
WORK
YEARS TYPE
DESCRIPTION
Region 9
Region 10
$0.20
$60.00
$30.00
$100.00
$60.00
$90.50
$5.00
$6.00
0.30
0.15
0.10
0.35
0.25
0.10
0.05
0.15
0.70
0.05
0.15
0.15
0.01
0.10
0.03
0.10
T/A
Outreach
T/A
Outreach
T/A
D/I
F/A
T/A
Outreach
D/I
T/A
D/I
Outreach
D/I
D/I
T/A
Outreach
Outreach
Outreach
T/A
Outreach
Outreach
Organized National EPA Indian Lands Retreat; met with CRIT
(Colorado River Indian Tribe), Barona, Campo Tribes and
ITCA; provided assistance to BIA for NEPA process and input
to HQ work plan.
Developed SWM plan for Tohono O'Odham Tribe.
Native Alaskan Education Project
Investigated HW incidents on Swinomish and Colville Indian
Reservations.
Provided funds toIHS to foster tribal compliance; identified
non-notifiers and abandoned tanks. (CR contacted each tribe at
least once in FY 91 to determine whether it had regulated USTs.
All reservations with known regulated USTs were visited at
least once and some were visited multiple times).
Provided oversight of cleanups on the Yakima, PuyaUup, Nez
Perce, Tulalip, Umatilla and Warm Springs Reservations.
IHS CR completed tribal capacity evaluations to determine who
to target for program development activities, should funding
materialize.
Mailed information to tribes on legislative changes, temporary
tank permits and re-notification forms.
Began enforcement for a variety of UST regulatory violations
for sites on Quinault, Suquamish, Yakima, Umatilla and Warm
Springs Reservations.
Began Indian lands UST database conversion and renotification
process; processed previously unknown closures and unidentified
UST sites and recent closures/ changes.
Investigated and responded to a LUST (Leaking Underground
Storage Tank) site on Yakima Indian Reservation.
SWAT Team: hired coordinators to establish a multi-agency
team of experts/resources to assist tribes with all phases of SW.
Developed educational curriculum (Native Alaska Educational
Management project) to teach improved SWM practices on
ANVs.
Established a tribal peer match program to provide SWM
assistance on tribal lands.
Provided T/A to Coeur d'Alene on their concerns about potential
impacts from Kootenai County landfill construction adjacent to
tribal lands.
Tribal liaison assisted with SARA Tide in workshop for tribal
members in February 1991. (Coeur d'Alene was sponsored by
Federal Emergency Management Agency, National Congress of
American Indians and EPA).
Coeur d'Alene Tribe requested intervention in Fighting Creek
landfill - being constructed adjacent to Reservation by Kootenai
County. Meetings were held in November (1990), January,
March and April (1991). Region 10 had extensive involvement
(The tribe requested funding for review analysis on area, but
later changed its mind and requested groundwater monitoring).
40
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
RCRA PROGRAMS
EXP.
OFFICE ($1,000)
WORK
YEARS TYPE
DESCRIPTION
Region 10
HQIOWPE
HQ/OUST
HQ/OSW
$20.00
$17.00
$210.00
$8.00
$25.00
$1.805
$51.00
$21.205
$10.00
$175.00
$15.00
$60.00
$16.113
$3.00
$12.500
$30.00
0.05
0.10
0.05
0.10
0.20
0.30
0.10
0.05
0.10
0.05
0.20
0.005
2.60
0.005
0.005
0.20
0.005
0.005
0.20
T/A
DA
D/I
D/I
D/I
D/I
D/I
D/I
T/A
Outreach
F/A
T/A
F/A
F/A
T/A
F/A
Outreach
F/A
F/A
T/A
Outreach
F/A
F/A
T/A
Shoshone-Bannock requested input ofYoungstromLogHome
site for possible contamination. (The area was closed in April
and in July it was visited and reviewed).
Implemented aspects of RCRA HW programs at Gila River;
trained inspectors; took inventory ofHW handlers; evaluated
RCRA regulations to determine which to adopt
Coordinated general program with OFA, OGC, other OSWER
and regional offices.
Developed implementation tool kit for Indian lands for use by
regional offices.
Provided contractor support to Regions for technical review of
site assessments and corrective action plans.
Funded CRs in Regions 5, 6, 8, 9 and 10.
Provided administrative support
Developed new national Indian lands strategy with contractor
support.
Participated in intragency and inter-agency workgroups; briefed
congressional staff, senior EPA management; met with tribes;
initiated, maintained communications network; provided RCRA
training to BIA, IHS, staff upon request
Supported two regional tribal environmental coalition meetings;
assisted tribes in developing/presenting agenda and compiling/
distributing minutes.
Provided T/A to MS Choctaw for development of SWM code.
Provided F/A for tribal representatives to attend/participate in
EPA orientation training; developed agenda for Native American
workshop.
Initiated rule development for Subtitle C delegation to tribes.
Initiated inter-agency pilot project for Ft Belknap Reservation.
Provided funding to Region 1 for development of Indian cultural
and sensitivity training for EPA staff.
Reviewed implementation rule for MSWLF criteria and tribes
eligible for permit program approval.
Provided funding to Region 4 to support Cherokee recycling and
peer match programs.
Provided funding to Region 10 to support Native Alaskan
SWM outreach and education program.
Developed newsletter for tribes in effort to establish network of
communications.
Provided F/A to NCAI at 2.5 day environmental conference.
Provided funding to Region 5 for development of a closure plan
for the Hannahville (MI) landfill.
Examined and investigated jurisdictional issues relating to
enforcement of Subtitle D on Indian lands.
41
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
CERCLA/SARA
OFFICE
EXP.
($1,000)
WORK
YEARS TYPE
DESCRIPTION
Region 1
Region 2
Region 5
$9.00
$40.00
$18.00
$15.00
$4.00
$50.00
0.10
0.20
0.10
0.10
0.20
0.20
0.50
0.20
0.25
0.20
0.10
0.10
0.15
0.01
0.02
0.01
0.01
0.01
0.025
0.015
0.01
D/I
D/I
Outreach
T/A
D/I - F/A
Outreach
T/A
T/A
D/I
F/A
T/A
T/A
T/A
T/A
T/A
T/A
T/A
T/A
T/A
T/A
T/A
T/A
Assisted NCAI, FEMA and CEPPO in coordinating a SARA
Title in conference in Region 1; provided information materials
to New England tribes; participated in tribal visit to Penobscot
and participate in Region 1 IWG.
Conducted meetings with Tuscarora Nation on UST program;
took preliminary measures to have Indian UST owners register
their tanks.
Developed and finalized work plan and budget for SF core grant
for SRMT.
Oversaw management of SWM grant for SRMT.
Managed review committee meeting with SRMT and State for
Massena area
Provided SF removal action of medical waste at Onondaga
Nation drum site.
Maintained close liaison and provided legal and T/A to SRMT
on proposed remedial action plan for the GM Central Foundry
SF site, which borders on the reservation; coordinated with
SRMT and national resource trustees in development of MOA
for Massena area sites; formed a three party team, with the
SRMT and NESPDES, to negotiate remedial action for the GM
Central Foundry SF site.
Assisted in enforcement action on SNI lands for oil spills under
CERCLA/ SARA and CWA Section 31 IK.
Managed core grant to SRMT for T/A relating to GM Central
Foundry SFsite.
Removed 400 bags of asbestos that were dumped on Gibson Rd.
at Onondaga Nation. (NY is prosecuting the dumper).
Secured site and contained the material where Black Beauty Sand
Blasting dumped on Onondaga land.
Investigated report of 55 gallon drum adjacent to SRMT land in
SL Lawrence.
Continued cooperative agreement enabling theOneida Tribe to
participate in the Ft. Howard RI/FS.
Reviewed and commented on multi-media project plan grants
proposals by Region 5 tribes.
Reviewed and commented on 10 multi-media (FY91) proposals
from Region 5 tribes; rated tribes' Tide III program elements.
Contracted the Technical Assistance Team (TAT) to re-write the
Region 5 First Responders Course, emphasizing tribal concerns
and treaty rights.
Final First Responders Course Draft completed.
Reviewed and commented on Draft Protocol Manual
"Environmental Assessment Programs for Indian lands."
Reviewed FY '92 grant proposals for Region 5 tribes.
Reviewed "Chemicals on Your Reservation" bulletin and
provided comments to HQ.
Provided sample of HAZMAT team equipment list to
Minnesota Chippewa Tribe.
42
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF SQLTD WASTE AND EMERGENCY RESPONSE
CERCLA/SARA
OFFICE
EXP.
($1,000)
WORK
YEARS TYPE
DESCRIPTION
Region 6
Region 8
Region 9
$150.00
$221.00
$30.00
$350.00
$10.00
$10.00
$7.50
$4.112
$12.557
$4.777
$1.798
$9.734
$2.487
$1.385
$11.25
$300.00
1.00
0.05
0.10
0.05
0.30
1.0
0.10
8.00
0.20
F/A
F/A
F/A
F/A
D/I - T/A
D/I
DA
D/I
F/A
D/I
D/I
D/I
D/I
D/I
D/I
D/I
D/I
D/I
T/A
T/A
Outreach
T/A
F/A
F/A
D/I
Awarded core program cooperative agreement for Cherokee.
Awarded pre-remedial cooperative agreement for Cherokee.
Awarded support Agency cooperative agreement award to Navajo
or Pfewitt and United Nuclear NPL sites.
Awarded core program cooperative agreement for 19 Pueblo
Reservations Consortium of NM.
Oversaw development of tribal SF program.
Participated in IWG.
Organized four quarterly meetings with Navajo SF staff, which
involved both negotiating and planning.
Provided SF/UST coordination with 19 Pueblo consortium.
Awarded funds to support travel costs for development and
oversight of tribal SF programs and to brief the HQ staff on
regional Indian activities.
Provided emergency removal of drums at Lodgegrass.
Provided emergency removal of drums at Ft Duchesne.
Conducted PA/SI at Old Poplar landfill.
Conducted PA/SI at Tuscon/Hebrew Academy.
Conducted PA/SI at Old Agency Landfill.
Conducted PA/SI at Turtle Mountain landfill.
Conducted PA/SI of Pesticides at Loneman.
Conducted PA/SI of PCB spill at Antelope.
Conducted PA/SI at Red Shirt Table Elementary School.
Native American Title III Coordinator provided T/A to tribes
in Region 9 on SARA Title HI & proposals for 305(a) and Tide
ni grants; participated in review of said grants.
Participated in planning meeting for CRITs functional exercise
of their chemical emergency plan.
Coordinated with other EPA offices engaged in environmental
Indian Programs; participated in regional IWG conference calls
with EPA HQ twice a month and national IWG meetings twice
a year; sent letter to Region 9 tribes inviting them to RRT
meetings followed up calls; acted as liaison and participated
in securing speakers for EPA HQ Title in workshop for tribal
chairpersons held in San Diego; mailed Title III publications
and instructional materials, monthly newsletter to the tribes.
Provided management T/A of Title in Indian Program; made
presentations on Title III at workshop in San Diego, tribal
meeting in San Francisco and Reno.
Provided 150 TAT hours for CRIT exercise: video taped exercise
and made into a booklet for other Indian tribes that are training.
Navajo SF Program received EPA funding to perform site
assessments. (In FY 91, NSP performed 20 site inspections and
preliminary assessments. The NSP also conducted an active site
discovery program and assisted EPA by participating in national
site assessment work group).
Assessed possible removal action at Navajo Blue Lake Uranium
Mill site.
43
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
CERCLA/SARA PROGRAMS
OFFICE
Region 10
HQICEPPO
HQIOERR
HQIOWPE
EXP.
($1,000)
$90.00
$50.00
$50.00
$49.90
$180.00
$3.50
$8.00
WORK
YEARS
0.02
0.01
0.10
0.05
0.15
0.03
0.20
0.01
0.01
0.01
0.05
0.05
0.065
0.25
0.02
0.20
0.10
0.10
0.25
0.10
0.10
0.25
TYPE
Outreach
Outreach
F/A
F/A
F/A
D/I
T/A
T/A
Outreach
T/A
F/A
F/A
T/A
Outreach
T/A
D/I
T/A
Outreach
T/A
Outreach
D/I
D/I
DA
D/I
D/I
D/I
DESCRIPTION
Conducted Title III meeting to plan for grant activities with
Shoshone-Bannock.
Attended NCAI and SARA Title III workshop for Region 10
tribes.
Awarded support and assistance toCoeur d'Alene Tribe for the
Bunker Hill SF site.
Awarded support and assistance to the Shoshone-Bannock Tribe
for the East Michaud Flats SF site.
Awarded support and assistance to the Puyallup Tribe for the
Commencement Bay SF site.
Conducted SF sampling for Elem Tribe at Sulpher Bank Site
and Gear Lake).
Provided ongoing T/A with Dawn Mine closure on Spokane
Indian Reservation.
Participated in two Indian workshops on Emergency Planning
and Response.
Met with tribal staffs to provide guidance on grants.
Awarded Title III grant to Shoshone-Bannock Tribe.
Reviewed proposals for Indian tribes applying for FY 92 Title
HI grant; awarded three grants to tribes; monitored grant work
plans for three FY 91 grants; offered assistance to recipients via
phone conversations and regional coordination.
Developed an educational brochure discussing Title III and its
relation to Indians on tribal lands. (Final form due in 1992).
Coordinated with Regional Indian Coordinators through memos
and telephone conversations.
Developed, coordinated and presented five workshops for Indian
tribes responsible for implementing Title HI. (These workshops
were to provide tribes with information so as to determine how
best to fulfill their responsibilities under SARA Title HI).
Participated in allocation of SARA Title III 305(a) grant funds
through coordination with Federal Emergency Management HQ.
Developed package (Indian Tribal Involvement in the Superfund
Program) that explains how Indian tribes may participate in the
SF Program; packet includes briefing materials and fact sheets.
Provided general program coordination with OFA, OGC, other
OSWER offices and the regional offices; participated inlWG.
Responded to inquiries involving implementation of Subpart O
regulation.
Coordinated removal actions on Indian lands.
Coordinated site assessment activities conducted on Indian lands.
Provided general program coordination with OGC, OE, other
OSWER offices and regional offices.
Coordinated natural resource damage claims in CERCLA
settlements.
44
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
THE OFFICE OF ENFORCEMENT
EPA Enforcement has regulatory responsibility for ensuring compliance
with environmental standards in a wide range of areas affecting the quality of
life. Its programs work with EPA's other program offices to effect the
prevention and cleanup of pollution in air and water through the regulation of
pesticide, waste, toxic substances and radiation. EPA's enforcement
philosophy is to encourage voluntary compliance by communities and private
industry and, as mandated by Federal laws, to oversee direct enforcement
activities performed by Tribal, State and local governments to meet
environmental standards. The Agency initiates enforcement actions to protect
the public health and the environment when voluntary compliance has not been
achieved.
The EPA Indian program activity, under the direction of the Office of
Enforcement, is located in Office of Federal Activities and is responsible for the
oversight of the program. The Office of Federal Activities coordinates the
Agency's efforts in working to ensure that EPA programs are implemented on
Indian reservations. The Office of Federal Activities is responsible for
establishing effective liaison and coordination between EPA and other federal
agencies on environmental issues; for assuring that EPA's programs comply
with the goals and requirements of the National Environmental Policy Act and
related environmental legislation; and for coordinating implementation of EPA's
programs related to protection of human health and the environment on Indian
reservations. The Office of Federal Activities' programs are multi-media in
nature. In addition, support and guidance are given to Regional Indian Program
Coordinators, who serve as the primary contacts for the tribes and oversee
regional activities with Indian tribal governments. Finally, OF A works to build
tribal capacity through providing direct funding, technical assistance and
training to tribal leaders and staff.
This section contains information on the assistance provided to tribes
through both the Office of Federal Activities and through the separate Multi-
Media Assistance Program which the Office of Federal Activities manages.
46
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF ENFORCEMENT
OFFICE
EXP.
($1,000)
WORK
YEARS TYPE
DESCRIPTION
Region 1
Region 2
Region 4
Region 5
Region 6
Region 7
$15.00
$10.00
$3.395
$5.00
M4.00
S10.70
$5.00
$1.50
$6.00
$5.00
$25.00
0.25
0.05
0.10
0.01
0.05
0.05
0.05
0.25
0.20
0.05
0.60
0.60
0.10
0.25
0.15
0.05
0.01
1.00
0.05
0.05
0.90
0.25
0.50
D/l
D/I
D/I
D/I
Outreach
D/I
D/I
D/I
D/I
D/I
Outreach
D/I
Outreach
T/A
Outreach
Outreach
F/A
T/A
F/A
F/A
T/A
D/I
D/I
T/A
T/A
T/A
Provided oversight and coordination assistance to ORC, tribes
and media programs to facilitate Clean Lakes, wetlands, 106,
and radon grants to New England tribes.
Assisted in coordination of SARA Title in conference.
Organized first meeting between RA and New England tribes.
Organized training luncheon/seminar for Region 1 staff with
Mashantucket PequoL
Developed multi-media conference plans with NEIWPCCfor
Region 1 tribes. (Conference will occur in FY 92).
Prepared two briefings before the Region 1 Leadership Team
to obtain support and funding for multi-media grant to
Penobscot Nation; facilitated grant award.
Participated on national multi-media grant IWG.
Visited all New England Tribes and conducted environmental
survey to determine tribal environmental needs.
Coordinated Regional IWG meetings; participated in
national IWG conferences and conference calls.
Prepared proposal and obtained RCRA funding for EPA/State
Staff Indian Training Program.
Hired and worked with Indian Program liaison on tribal outreach
activities.
Provided outreach to Indian tribes on USTs and other national
environmental concerns; took preliminary steps to holding a
meeting with the tribes and EPA.
Coordinated Region 2's implementation of EPA's Indian policy,
including initiation of activities under a Memorandum of
Agreement with SRMT, to address the tribe's environmental
needs and concerns. Initiated discussions with SNI President
and Council members concerning development of a
Memorandum of Agreement type document to address the
Tribe's environmental needs and concerns.
Provided overall management of F/A provided to Indian tribes.
Provided program coordination as needed.
Met with tribal representatives to determine the environmental
needs of tribes and to offer T/A.
Attended monthly regional IWG meetings (OFA staff); mailed
news releases to Indian tribes and organizations; clipped, copied
and assembled Indian-related news articles; advised OFA staff on
Indian issues; mailed publications to Indian organizations; and
organized Indian-related brown bag lunches.
Provided funding for travel to tribal environmental task force.
SEE position provided T/A to MI tribes.
Held pollution prevention workshop for tribes.
Established GIS (Geographical Information System) for tribes.
Coordinated Indian Program.
Coordinated regional Indian Program; participated in HO IWG.
Conducted sensitivity training for regional office staff.
Provided CRs for addressing drinking water concerns of KS and
IA tribes, in cooperation with regional PWSS program.
Presented training and reimbursed tribal travel costs for training
session on utility management, in cooperation with IHS.
SEE employee provided T/A and outreach to tribes.
47
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF ENFORCEMENT
OFFICE
EXP.
($1,000)
WORK
YEARS TYPE
DESCRIPTION
Region 8
Region 9
Region 10
$70.00
$8.00
$5.00
$32.00
$5.00
$47.00
$15.00
$44.00
$20.00
$20.00
$2.00
$72.00
0.30
1.20
1.0
0.50
1.00
1.00
0.50
0.05
1.40
1.65
Outreach
F/A
F/A
D/I
F/A
D/I
T/A
Outreach
D/I
D/I
T/A
F/A
D/I
T/A
D/I
T/A
D/I - T/A
Outreach
D/I
T/A
Outreach
T/A
D/I
Outreach
F/A
D/I - F/A
T/A
Continued development of an Indian environmental education
project for grades K-12. (Teaching strategies were developed
using Native American culture and customs incorporated into
an environmental curriculum).
Developed Indian internship program: two Native American
interns from different reservations were selected to work in the
regional office for one year. (The interns completed several
developmental assignments in each of the media programs).
Employed regional discretionary funds to support travel costs
for eight tribal environmental staff members to spend week in
Region 8 office on a training assignment
Organized one day training session for all Region 8 staff on
how to work more effectively work with tribal governments
(EPA Region 8 Native American Awareness Day).
Continued detailed position to work on national Indian survey
requirements and regional Indian environmental data base and to
assist in EPA Indian Program coordination.
Provided overall coordination of Indian Program in the regional
office and the MT operations office; participated on the National
Indian resources task force; participated on national IWG;
coordinated with all Region 8 tribal governments and with EPA
program offices.
Filled SEE position for Region 8 Indian Program.
Employed funds for IAG between U.S. Forest Service and EPA
re: endangered species publication for UT reservations.
Provided T/A to Region 8 tribes including Confederated Salish
and Kootenai, Ft. Belknap, Rocky Boys, Blackfeet, Oglala
Sioux, Yankton Sioux and Wind River Tribes.
Provided funds to reimburse tribal officials who attended EPA/
tribal meetings. (Funds were awarded via IAG with IHS).
Reviewed draft and final environmental assessments concerning
activities on tribal lands.
Participated on task force, for regulation development, national
survey efforts and all Indian Program issues, general liaison
with tribal leaders and organizations and other Federal agencies.
(FTE represented support for activities associated with outreach
and coordination of tribal environmental issues within regional
office by the Indian Coordinator, as well as, participation on
national IWG).
SEE/Indian liaison located in AZ to work with tribes on all
environmental issues and programs of interest
SEE/Indian liaison located in CA to work with tribes on
all environmental issues and programs emphasizing legal issues
affecting tribes and with need for better State/ tribal/ EPA
relationships.
Provided training for tribal staff in the operation of PWSs.
Coordinated over all Indian Program activities; participated on
national and regional IWG.
Awarded contract for WHP training workshop for all tribes.
Hired SEE positions for ID and AK operations office.
48
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF ENFORCEMENT
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
Region 10
HQ/OFA
$20.00
$7.50
$50.00
$25.00
$20.00
$25.00
$60.00
0.35
0.05
0.05
0.05
0.07
0.01
0.04
0.06
0.01
0.04
0.02
0.05
0.05
0.05
0.02
0.02
0.02
0.03
0.03
4.00
0.25
0.25
0.05
0.05
1.60
1.00
DA
D/I
F/A
D/I
Outreach
D/I
D/I
T/A
T/A
Outreach
Outreach
Outreach
T/A
Outreach
Outreach
DA
D/I
D/I
DA
Outreach
Outreach
DA
DA
T/A
T/A
F/A
T/A
F/A
T/A
DA
T/A
T/A
Hired Indian liaison in OR: visited various tribes and prepared
status report. ( i.e. population, tribal area, and organization).
Prepared NPDES permit; inspected lagoon at Warm Swings.
Provided project management for $13K grant to Warm Springs.
Inspected Warm Springs Forest Products.
Developed Native Peoples Initiative; attended IWG meetings;
developed news releases; sponsored cross cultural training.
Developed interactive GIS application for display, inquiry and
mapping on Indian land data.
Assisted Skokomish in conducting GW (Groundwater) and
surface analysis of selected reservation waters.
Conducted Columbia River Fish Consumption survey.
Attended AIO Environmental workshop for tribes.
Sponsored career fairs for tribal youth, that provided both EPA
and environmental science opportunities.
Conducted Region 10 tribal "government to government"
meetings. (EPA/ Tribal Operations Comm. concept).
Conducted block grant discussions and established a cooperative
agreement with Puyallup Tribe.
Sent tribal mailings: EPA/tribal Region 10 newsletter, recycled
paper and waste reduction, Region 10 contracts & EPA profile
information and other educational material.
Attended IWG meetings in Albuquerque and Washington, DC.
Attended IWG meetings and cross culture meetings in Seattle.
Participated in bi-weekly conference calls.
Attended AIO Environmental workshop for tribal leaders/ EPA.
Tribal liaison visited the Coeur d'Alene, Nez Perce and Kootenai
Reservations in June 1991.
Attended Inter-tribal Council Agriculture and Timber meetings
November (1990) and April (1991) in Spokane. (Coeur d'Alene
and Nez Perce Tribe co-hosted events).
Provided overall coordination of Agency Indian Program.
NNEMS intern studied tribal risk.
Provided environmental training fellowship through the
Environmental Fellows Program.
Awarded grant to ITCA for training of tribal law enforcement
personnel on criminal investigation of HW releases. (Instruction
was arranged by EPA staff and took place at the Federal Law
Enforcement Training Center).
Awarded grant to CERT to develop training for tribal judges and
prosecutors on the enforcement of federal tribal environmental
protection laws. (OPPE/OCM is also contributing to project).
Awarded grant to AISES for undergraduate fellowships in both
science and engineering for tribal members. (OPP and the
Administrator's Office also contributed).
SEE positions tocurcuit ride to reservations and assist with
tribal communications at HQ.
Conducted training for 129 tribal, federal and state officials in
overcoming barriers to tribal participation in environmental
programs through multi-governmental cooperation. Effort
expended by AIO; funded through FY89 and FY 90 grants.
49
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
MULTI-MEDIA ASSISTANCE AGREEMENTS
Typically, tribal requests for EPA assistance involve more than one
program office; in those instances, the statutes require the tribes to account for
each program's funds individually. This presents a barrier for most tribes for a
number of reasons, foremost, that it inhibits integrated environmental
approaches. In an effort to alleviate this, the Agency requested more flexibility
in assisting the tribes to build their overall environmental management capacity.
Congress, in response to the Agency's request, established Public Law 101-
507 and, consequently, provided the Agency with the authorization to issue
multi-media grants.
The intent of the multi-media grant program is to provide maximum
flexibility for the Agency to work with eligible tribes (all federally recognized
tribes and tribal consortia) to develop and implement the most suitable
environmental management programs for their reservations. In other words,
multi-media assistance agreements are intended to assist Indian tribes in
developing the capacity to manage their own environmental programs by
providing an integrated and streamlined means for the tribes to receive federal
assistance. Multi-media assistance agreements offer the opportunity for a tribe
to develop an integrated environmental program and develop the capability to
manage specific delegated programs.
littleri in
ftiiit Iffufi
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
MULTI-MEDIA ASSISTANCE AGREEMENTS
OFFICE
EXP.* WORK**
($1.000) YEARS TYPE DESCRIPTION
Region 1
Region 2
Region 4
Region 5
$104.581
$90.00
$75.00
$29.967
$54.00
$54.869
$48,450
$48.450
$52.285
$49.756
0.01
0.05
0.02
0.05
0.05
0.20
0.02
0.05
0.05
0.05
0.05
0.05
0.05
0.05
D/I
F/A
F/A
F/A
F/A
D/I
D/I
F/A
F/A
F/A
F/A
F/A
F/A
F/A
Reviewed the application from one tribe.
Awarded grant to the Penobscot Nation for development of an
environmental regulatory program emphasizing WQ assessment.
Partial funding by Regional Air, Pesticides and Toxics
Management Division - $5K, Waste Management Division-
$10K and Office of Water Management Division- $35K.
Reviewed applications from two tribes.
Awarded grant to SRMT for establishment of a multi-media
environmental program, which includes development of data
management system, environmental assessment & regulatory/
enforcement structure and evaluation of need for cooperative
agreement with NY.
Awarded grant to Seneca Nation for establishment of multi-
media environmental program, which includes environmental
assessment/development of administrative capacity to construct,
operate and maintain awaterline and SWM system.
Inspected reservations for multi-media issues.
Reviewed applications from two tribes.
Awarded grant to Mississippi Band of Choctaw Indians for
establishment of an environmental code and development of a
multi-media environmental program with emphasis on SWM.
Awarded grant to Eastern Band of Cherokee Indians for the
establishment of an environmental code and the development of
a multi-media environmental program with emphasis on SWM
and recycling program implementation.
Awarded cooperative agreement to Red Cliff Band of Lake
Superior Chippewass/WI for the establishment of multi-media
environmental program to address WQ, AQ, SDW, SW,
HW, pesticides, SARA Title HI and radon.
Awarded cooperative agreement to the Inter-tribal Council of
Michigan for the establishment of multi-media environmental
program to address WQ, AQ, SDW, SW, HW, USTs,
SARA Title III and radon. Four tribes in consortium.
Awarded cooperative agreement to Sault Ste. Marie Tribe of
Chippewa Indians/Ml for establishment of Tribal
Environmental Protection Agency for multi-media
environmental program management with emphasis on water
issues, SWM, AO and USTs.
Awarded cooperative agreement to Fond du Lac/MN for
development of a multi-media environmental program to
address WQ, SDW, SWM, SARA Title III, wetlands
protection, radon, AQ & USTs.
Awarded cooperative agreement to Lower and Upper Sioux MN
for development of a multi-media environmental program
emphasizing AQ, WQ, SDW, SWM, pesticides, radon, SARA
Title ITI and USTs. Two tribes in consortium.
**
Represents funds pooled from Regional and HQ accounts.
Represents efforts expended at the Regional level.
51
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
MIJT/TT-MEDTA ASSISTANCE AGREEMENTS
EXP.* WORK**
OFFICE ($1,000) YEARS TYPE DESCRIPTION
Region 5
Region 6
Region 7
$54.792
$52.296
$49.996
$50.004
$97.50
$47.50
$51.517
0.05
0.20
0.05
0.05
0.05
"4.78
0.60
0.05
0.05
0.01
0.05
F/A
T/A
Outreach
F/A
F/A
F/A
D/I
T/A
Outreach
D/I
F/A
F/A
DA
F/A
Awarded cooperative agreement to Grand Portage/MN for
establishment of a multi-media environmental program to address
WQ, AQ, SOW, SWM, pesticides, wetlands, USTs, SARA
Title HI and radon.
Participated in regional IWGand reviewed multi-media
award applications for 10 tribes.
Awarded cooperative agreement to Lac Courte Oreilles Band of
Lake Superior ChippewasWI for the establishment of a multi-
media environmental program to address SW, WQ.USTs,
pesticides, SARA Title III and radon in cooperation with IHS,
University of Wisconsin and the Great Lakes Inter-tribal
Council.
Awarded cooperative agreement to Oneida Tribe/WI for
establishment of multi-media environmental program to address
UST, SWM, WQQM, pesticides, Title III and radon issues.
Awarded cooperative agreement to Sokaogon Chippewa (Mole
Lake)/WI for establishment of multi-media environmental
program to address WQM, UST, Tide IIH, SWM and radon
issues.
Provided overall coordination of Indian policy and programs
within region and between region, EPA/HQ & other agencies by
Regional Indian Program coordinator, assistant, SEE employee,
and two Indian liaisons; provided T/A to 29 tribes; participated in
BIA and IHS workshops, conferences; developed regional multi-
media program and policy; coordinated with EPA/HQ on multi-
media development on national level provided T/A and oversight
to Bad River/WI multi-media pilot proiect (awarded FY'90).
Reviewed six applications from tribes.
Awarded cooperative agreement to Santo Domingo Pueblo for
the establishment of environmental statutes and codes and the
development of multi-media environmental program, to include
point of contact for program communications, liaison, direction
and coordination, with emphasis on wellhead protection.
Awarded cooperative agreement to Cheyenne and Arapaho for the
establishment of environmental statutes and codes and for the
development of a multi-media environmental program, including
a point of contact for program communications/coordination/
direction and a liaison, with emphasis on wastewater sludge
reclamation and tire recovery/recycling. Two tribes in consortium
Reviewed three applications from tribes.
Awarded grant to Sac and Fox of the Mississippi in Iowa for the
development of a multi-media environmental program to include
codes for SW disposal, wetlands protection and pesticide use,
program planning and implementation for SWM, wetlands
delineation, development of a cooperative agreement with IA
for pesticide certification/enforcement and completion of radon
testing (including follow-up tests).
* Represents funds pooled from Regional and HQ accounts.
** Represents efforts expended at the Regional level.
52
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
MULTI-MEDIA ASSISTANCE AGREEMENTS
OFFICE
EXP."
($1.000)
WORK**
YEARS TYPE
DESCRIPTION
Region 8
Region 9
$105.88
$105.875
$17.00
$35.00
$40.00
$130.00
0.07
0.05
0.05
0.05
0.05
0.04
0.05
0.05
0.05
DA
F/A
F/A
T/A
Outreach
F/A
D/I
F/A
F/A
F/A
Reviewed seven applications from tribes.
Awarded a cooperative agreement to Yankton Sioux for
the development of multi-media environmental program,
including establishment of an environmental administrative
commission to assess environmental quality, to develop
standards, guidelines and draft codes (emphasizing pesticide and
SWM), to coordinate environmental programs with tribal
elected officials and staff and to provide environmental
education for the public.
Awarded cooperative agreement to Cheyenne River Sioux
for development of a multi-media environmental program
based on the establishment of a data system, the
development of legal requirements and tribal infrastructure for
administration and management, and providing environmental
education to public.
Provided oversight, T/A and program development for Wind
River relative to multi-media grant awarded in FY90.
Awarded a cooperative agreement to the Ft. Peck
Tribes for development of a multi-media environmental
program based on the evaluation of delegated EPA
programs relative to the appropriateness of each on the
Reservation, the assessment of environmental needs and the
development of strategies to implement the program. Two
tribes in consortium.
Reviewed four applications from tribes.
Awarded cooperative agreement to San Carlos Apache Tribe for
the development of a multi-media environmental program to
address AQ, WQ, safe drinking water and WHP, SWM, HWM
(Hazardous Waste Management), SARA Tide III and USTs.
Awarded cooperative agreement to the Morongo Band of
Mission Indians for development of multi-media environmental
program, with emphasis on SWM and SARA Title III.
Awarded cooperative agreement to Reno-Sparks Indian Colony
for the development of a multi-media environmental program to
include AQ, WQ, SOW, WHP, HWM/SWM, and SARA
Tide III.
**
Represents funds pooled from Regional and HQ accounts.
Represents efforts expended at the Regional level.
53
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
MULTI-MEDIA ASSISTANCE AGREEMENTS
*
OFFICE
EXP.
($1,000)
WORK**
YEARS TYPE
DESCRIPTION
Region 10
$50.00
$50.00
$50.00
$50.00
$40.00
$17.526
0.05
0.06
0.05
0.05
0.05
0.05
0.05
0.05
T/A
Outreach
D/I
F/A
F/A
F/A
F/A
F/A
F/A
Attended EPA meeting at Yakima and Tulalip Reservations for
multi-media programmatic issues and the "government to
government" relationship.
Reviewed six applications from tribes.
Awarded grant to Confederated Tribes of Warm Spring for the
development of a multi-media environmental program to
emphasize AQ, WWM, Hazardous materials incident response,
including solution to a current wastewater problem.
Awarded grant to Kootenai for the development of
multi-media environmental program to include AQ
sampling/monitoring, establishment of AQ database, WQ
sampling/monitoring and establishment of a WQ database.
Awarded grant to the Metlakatla Indian Community for the
development of a multi-media environmental program with
emphasis on AQ, WQ and municipal SWM.
Awarded grant to Upper Skagit Indian Tribe for the development
of multi-media environmental program, including
enhancement of Reservation environmental assessment, WQ
sampling and monitoring and the development of a WHP
program for the Tribe's wellfield.
Awarded grant to Quileute Tribal Council to initiate planning
for development of a multi-media environmental program with
initial emphasis on completion of inventory of environmental
issues and needs.
Awarded grant to Suquamish for development of multi-media
environmental program with emphasis on development of a
cooperative agreement with Kitsap County to plan/implement a
strategy for jointly addressing WQand municipal SW issues.
* Represents funds pooled from Regional and HQ accounts.
** Represents efforts expended at the Regional level.
54
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF POLICY. PLANNING AND EVALUATION
EXP. WORK
OFFICE ($1,000) YEARS TYPE DESCRIPTION
HQ/ORME
HQ/OPP
HQIOPA
$50.00
$95.00
$50.00
$10.00
$100.00
0.50
0.50
1.00
0.10
1.50
T/A
T/A
F/A
T/A
D/I
D/I
Conducted survey to identify the fish consumption patterns and
dioxin levels of Native Americans in WA and OR, who rely on
fish as their primary source of food. (Joint study with Columbia
River Inter-Tribal Fish Commission).
Conducted pilot study - analysis of populations at risk from the
consumption of dioxin-contaminated fish caught near bleached
pulp paper mills. (Study will aide EPA's reassessment of dioxin
risks).
Assisted Turtle Mountain Band of Chippewa to establish tribal
environmental office and to develop a GIS- based Environmental
Information System.
Conducted comparative risk evaluation on the environmental
problems of 1 1 Native American tribes of WI. (Funding also
provided by OQ).
Coordinated work of Agency Environmental Equity work group,
which investigated whether some EPA actions have inequitable
impact on minorities and low-income communities.
55
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF GENERAL COUNSEL
OFFICE OF REGIONAL COUNSEL
OFFICE
EXP.
($1,000)
WORK
YEARS TYPE
DESCRIPTION
Region 1
0.50
D/I
T/A
Researched/addressed regional Program Offices and New England
tribes regarding reservation jurisdictional issues which relate to
specific grants/TAS applications; attended legal tribal conferences;
participated on IWG and ILAWG (Indian Law Attorneys Work
Group); provided legal counsel on multi-media grants.
Addressed regional program issues on reservation jurisdiction;
assisted tribes in understanding EPA regulations.
Region 2
0.30
Outreach
Provided informal program counselling; participated on regional
and national IWG; prepared formal opinions, inspections and
potential enforcement action.
0.30
Outreach
Region 4
0.05
D/I
Reviewed and counselled on CWA Section 106 grant to the
Miccosukee Tribe and on CWA Section 319 grant to the Poarch
Tribe; counselled program on siting of HW disposal facility on
Choctaw lands; made presentation to all tribes on liability for
handling, transporting and disposing of HW.
Region 5
1.40
D/I
Provided legal counsel to program offices; participated in regional
and national IWG; served on national RCRA work groups; wrote
legal opinions of case law, statutes and regulations; reviewed EPA
regulations and TAS applications; assisted with the Menominee's
national RCRA pilot project; assisted Ft. Howard SF site -Oneida
Region 6
0.32
Co-led nationally on Indian law; researched and prepared Brendate
& Duro opinions: coordinated all ILAWG memos on Brendale &
Duro. plus memos on preambles and regulations; coordinated
other work of ILAWG.
0.10
D/I
Organized and hosted annual ILAWG meeting; attended and helped
train in seminars for new programs by preparing and reviewing
guidances/preambles (Subtitle D of RCRA, multi-media grants).
0.04
D/I
Organized and participated in ILAWG monthly conference calls,
including case updates; set-up two special calls; participated in
conference calls on new CAA.
0.13
D/I
Region 7
0.10
Counselled programs and attorneys on Indian law, including many
HW siting issues; continued counsel on grants to tribes; reviewed,
counselled and prepared opinions on TAS packages; counselled on
SIP and permitting issues and issuance of PSD permits on Indian
lands in all Region 6 states with such lands; reviewed appellate
ation packages in Pueblo of Acoma v. City of Grants, et al.
Provided support to regional program offices by legal review of
TAS applications, inter-agency MOA's, jurisdictional issues and
development of enforcement actions; participated in ILAWG.
Region 8
1.30 D/I
Provided legal counsel to Region 8 Program Offices, RA and MT
Office on Indian Law issues; researched/consulted/drafted re: EPA
legal memorandum on tribal and state jurisdiction over non-
Indians on reservations; represented RA and RC on Deputy
Administrator's Indian resources task force; researched and reviewed
TAS applications under generic Indian regulations; as lead regional
Indian law counsel, provided legal counsel to other regions on
Indian law issues as lead regional Indian law counsel; co-lead
regional ILAWG: counsel on SF issues.
56
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
OFFICE OF GENERAL COUNSEL
OFFICE OF REGIONAL COUNSEL
EXP.
OFFICE
WORK
YEARS TYPE
DESCRIPTION
Region 8
Region 9
Region 10
HQ
0.40
0.50
0.10
0.50
0.05
0.10
1.00
D/I
D/I
T/A
D/I
D/I
Outreach
D/I
Outreach
D/I
Outreach
D/I
Provided TAS review of tribal water grant applications; consulted
with DOI on state and tribal jurisdictional issues.
Supported regional programs by providing legal support (legal
and development of enforcement actions, etc.)
Provided legal counsel to the program and Puyallup Indian Tribe
under a MOA to oversee and enforce cleanup of properties to be
transferred by the Port of Tacoma for settlement of land claims.
Provided legal counsel to program offices; participated in IWG
activities; reviewed litigation; reviewed EPA regulations that
affect tribes and TAS applications; delivered speech to tribal
organization; mediated and developed MO As; drafted numerous
legal opinions on topics relating to Indian/environmental law
for dissemination to Region 10 and HQ; briefed RA and Deputy
RA on Indian issues.
Worked with Puyallup and Muckleshoot Tribes to develop roles
as natural resource trustees at the Commencement Bay SF site.
Provided legal counsel to the program and Coeur d'Alene Indian
Tribe for participating in cleanup and natural resource trustee at
the Bunker Hill SF site.
Developed CWA - CAA regulations; litigated; prepared formal
opinions; provided informal program counselling; participated
in IWG activities.
Briefed Deputy Administrator on tribal and state jurisdiction.
Worked on development, implementation of multi-media grant
program.
57
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
I~\egion 8
Colorado
Montana
North DaKota
South DaKota
Utah
Uyoming
I |egion 10
RlasKa
Idaho
Oregon
Uashington
rjegion
Rrizona
California
Hawaii
Nevada
[Region 5
Illinois
Indiana
Michigan
Minnesota
Ohio
Wisconsin
["jegion 2
New York
New Jersey
rPuerto Rico
Virgin Islands
l\egion 7
Kansas
Missouri
Nebraska
egion 1
Connecticut
Maine
Massachusetts
New Hampshire
Rhode Island
Uermont
["[egion 3
Deleuare
Maryland
Pennsylvania
I ti i r
Virginia
Uest Uirginia
District of Columbia
[there are no
federally-recognized
tribes in Region 3]
l"|egion 6
flrkansas
Louisiana
Oklahoma
New Mexico
Texas
egion n
fllabama
Florida
Georgia
Kentucky
Mississippi
North Carolina
Soutn Carolina
Tennessee
58
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EPA INDIAN WORK GROUP COORDINATORS: REGIONS
Anne Fenn
Indian Program Coordinator
EPA Region 1 (617) 565- 3927
JFK Federal Building FAX: (617)835-3346
Boston, MA 02203
Robert Hargrove
Indian Program Coordinator
EPA Region 2 (2PM-EI) (212) 264-1840
26 Federal Plaza FAX: (212) 264-6693
New York, NY 10278
Arthur Linton
Indian Program Coordinator
EPA Region 4 (EAB-4) (404) 347-3776
345 Cour!land St., NE FAX: (404) 347-5056
Atlanta, GA 30365
Casey Ambutus
Indian Program Coordinator
EPA Region 5 (SMEW) (313) 353-1394
230 South Dearborn St. FAX: (312) 353-4135
Chicago, IL 60604
Ernest Woods
Indian Program Coordinator
EPA Region 6 (6E-FF) (214) 655-2260
1445 Ross Avenue FAX: (214) 655-7446
Dallas, TX 75202
Michael Bronoski
Indian Program Coordinator
EPA Region 7 (913)551-7291
762 Minnesota Avenue FAX: (913) 551-7467
Kansas City, KS 66101
Caren Rothstein
Indian Program Coordinator
EPA Region 8 (8OEA) (303)294-1114
999 18th Street FAX: (303) 294-7665
Denver, CO 80202
Roccena Lawatch
Indian Program Coordinator
EPA Region 9 (E-4) (415)744-1602
75 Hawthorne Street FAX: (415) 744-1604
San Francisco, CA 94105
Steven Roy
Indian Program Coordinator
EPA Region 10 (WD-126) (206> 553-2118
1200 Sixth Avenue FAX: (206) 399-1775
Seattle, WA 98101
59
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EPA INDIAN WORK GROUP COORDINATORS: HEADQUARTERS
Martin D. Topper, Ph.D
National Indian Program Coordinator
US EPA(A-104)
401 M Street, SW
Washington, DC 20460 (202) 260-5051
FAX: (202) 260-0129
Paul Rasmussen
Indian Program Coordinator
Office of Air and Radiation
US EPA(ANR-443)
401 M Steet, SW
Washington, DC 20460 (202) 260-7430
FAX: (202) 2454185
Alan Fox
Indian Program Coordinator
Office of Water
US EPA(WH-556)
401 M Street, SW
Washington, DC 20460 (202) 260--5700
FAX: (202) 260-7818
Thomas E. Hooven
Indian Program Coordinator
Office of Prevention, Pesticides and Toxic Substances
US EPA (TS-788)
401 M Street, SW
Washington, DC 20460 (202) 260-2906
FAX: (202) 260-1874
Charlene Dunn
Indian Program Coordinator
Office of Solid Waste and Emergency Response
US EPA (OS-110)
401 M Street, SW
Washington, DC 20460 (202)2604510
FAX: (202) 260-3527
David F. Coursen
Agency Indian Program Attorney
Office of General Counsel
US EPA (LE-132G)
401 M Street, SW
Washington, DC 20460 (202) 2604554
FAX: (202) 260-2432
60
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
GLOSSARY OF ACRONYMS
AARP = American Association of Retired People
AIPC = All Indian Pueblo Council of MM
AISES = American Indian Science and Engineering Society
AIO = Americans for Indian Opportunity
AK= State of Alaska
ANV = Alaskan Native Village
AO = Administrative Order
AQ = Air Quality
AQM = Air Quality Monitoring
ASHAA = Asbestos in Schools Hazard Abatement Act
AZ = State of Arizona
BIA = Bureau of Indian Affairs
C&T = Certification and Training
CA = State of California
CAA = Clean Air Act
CEPPO = Chemical Emergency Preparedness and Prevention Office
CERCLA = Comprehensive Environmental Response, Compensation and Liability Act
CERT = Council of Energy Resource Tribes
CO = State of Colorado
CR = Circuit Rider
CRIT = Colorado River Indian Tribes
CWA = Clean Water Act
D/I = Direct Implementation
DOI = Department of Interior
EIS = Environmental Impact Statement
EPCRA = Emergency Planning Community Right to Know Act
BSD = Environmental Sciences Division
F/A = Financial Assistance
FEMA=Federal Emergency Management Agency
FIFRA = Federal Insecticide, Fungicide and Rodenticide Act
FTS = Federal Telephone System (Federal Communications Network)
FY = Fiscal Year (October 1 - September 30)
GIS = Geographic Information System
61
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
GLOSSARY OF ACRONYMS
GW = Groundwater
GWP = Groundwater Protection
HQ = EPA Headquarters (401 M St., SW, Washington, DC 20460)
HUD = Department of Housing and Urban Development
HW = Hazardous Waste
HWM = Hazardous Waste Management
IA = State of Iowa
IAG = Inter-agency Agreement
ID = State of Idaho
IGA = Inter-govemental Agreement
IHS = Indian Health Service
ILAWG = Indian Law Attorney Work Group
EPA = Inter-governmental Personnel Agreement
IRAA = Indoor Radon Abatement Act
ITCA = InterTribal Council of Arizona, Inc.
IWG = Indian Work Group
KS = State of Kansas
LCCA = Lead Contamination Control Act
LUST = Leaking Underground Storage Tank
MI = State of Michigan
MN = State of Minnesota
MOA = Memorandum of Agreement
MOU = Memorandum of Understanding
MRWA = Minnesota Rural Water Association
MS = State of Mississippi
MT = State of Montana
NCAI = National Congress of American Indians
NE = State of Nebraska
NEIWPCC = New England Interstate Water Pollution Control Commission
NEPA = National Environmental Policy Act
NM = State of New Mexico
NPDES = National Pollutant Discharge Elimination System
NPS = Non-Point Source
62
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
GLOSSARY OF ACRONYMS
NPSP = Non-Point Source Project
NRC = Nuclear Regulatory Commission
NTUA = Navajo Tribal Utility Authority
NV=State of Nevada
NWIFC = Northwest Indian Fisheries Commission
NY = State of New York
OAQPS = Office of Air Quality Planning & Standards
OAR = Office of Air and Radiation
OCM = Office of Compliance Monitoring
OCR = Office of Congressional Relations
ODW = Office of Drinking Water (within OW)
OE = Office of Enforcement
OFA = Office of Federal Activities (within OE)
OGC = Office of General Counsel
OGDW = Office of Groundwater & Drinking Water
OHRM = Office of Human Resources Management
OK = State of Oklahoma
O&M = Operation and Maintenance
OPP = Office of Pesticide Programs
OPPE = Office of Policy, Planning and Evaluation
OPPTS = Office of Prevention, Pesticides and Toxic Substances
OR = State of Oregon
ORC = Office of Regional Counsel
ORD = Office of Research and Development
OS W = Office of Solid Waste
OSWER = Office of Solid Waste and Emergency Response
OTS = Office of Toxic Substances
OWPE = Office of Waste Programs Enforcement (within OSWER)
Outreach = Initial Communication
OUST = Office of Underground Storage Tanks
OW=Office of Water
pCi/l = Picocuries per liter (measurement for radon)
PHS = Public Health Service
63
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
GLOSSARY OF ACRONYMS
POEP = Pueblo Office of Environmental Protection
PM-10 = Paniculate Matter Smaller than Ten Microns in Size (a National Ambient Air Quality Standard)
PRP = Potential Responsible party
PSD = Prevention of Significant Deterioration (CAA)
PWS = Public Water System
PWSS = Public Water System Supervision
QAPP = Quality Assurance Project Plans
RA = Regional Administrator
RCRA = Resource Conservation and Recovery Act
RIWG = Regional Indian Work Group
SARA = Superfund Amendments and Reauthorization Act
SD = State of South Dakota
SOW = Safe Drinking Water
SDWA = Safe Drinking Water Act
SEE = Senior Environmental Employee
SF = Superfund
SNI = Seneca Nation of Indians
SRMT = St. Regis Mohawk Tribe
SSAD = Sole Source Aquifer Demonstration
SW = Solid Waste
SWM = Solid Waste Management
T/A = Technical Assistance
TAS = Treatment as a State
TIP = Tribal Implementation Plan
Tide n = Construction Grant Program for Wastewater Treatment Facilities (CWA)
Title HI = Emergency Planning/Community Right to Know Act (EPCRA)
TSCA = Toxic Substances Control Act
UIC = Underground Injection Control
USDA = US Department of Agriculture
UST = Underground Storage Tank
UT = State of Utah
VOC = Volatile Organic Chemical
WA = State of Washington
64
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 91
GLOSSARY OF ACRONYMS
WHP = Wellhead Protection (SDWA)
WI = State of Wisconsin
WQ = Water Quality
WQM = Water Quality Management
WQS = Water Quality Standards
WWM = Wastewater Management
WWT = Wastewater Treatment
WWTF = Wastewater Treatment Facilities
WY = State of Wyoming
65
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OFFICE OF
EXTERNAL AFFAIRS
INDIAN POLICY
U.S. ENVIRONMENTAL PROTECTION AGENCY
Attached are two documents which were adopted by the Environmental
Protection Agency (EPA) on November 8, 1984, relating to Indian Tribes
and Federal programs for protection of reservation environments:
1) EPA Policy for the Administration of Environmental Programs on
Indian Reservations.
2) Indian Policy Implementation Guidance.
These documents lay the groundwork for EPA management of the Agency's
regulatory programs on reservation lands. The cornerstones of the Policy
and Guidance are the principles of Indian "self-government" and
"government-to-government" relations between the Federal Government and
Tribal Governments. Through Implementation of the Policy, the Agency
hopes to realize the long-range objective of Including Tribal Governments
as partners 1n decision-making and program management on reservation lands,
much as we do with State Governments off-reservation.
In the beginning, implementation of the Policy will be slowly paced, as
the Agency will need to seek legislative authority in many areas and go
through a lengthy budget process before we can carry out the principles
of the Policy and directives of the Guidance in a comprehensive manner.
In the first year, however, we will begin to seek statutory changes, modify
regulations, and work on selected pilot programs. These pilot programs will
investigate problems associated with Tribal regulation of water and air
quality and the handling and disposal of hazardous materials on reservation
lands. The experience will help both EPA and the Tribes develop models for
dealing with these problems in the special legal and political context of
Indian reservations.
Environmental programming that will involve Tribal Governments in the
Federal regulatory process on a significant scale is a new endeavor for EPA
and Tribes alike- To be successful, we will need cooperation and assistance
from all sectors and would welcome your" on-going support.
If you have questions or need further information, please contact
Dr. Martin D. Topper, National EPA Indian Coordinator, at (202) 382-5051.
Attachment
66
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/8/84
EPA POLICY FOR THE ADMINISTRATION OF ENVIRONMENTAL
PROGRAMS ON INDIAN RESERVATIONS
INTRODUCTION
The President published a Federal Indian Policy on January 24, 1983,
supporting the primary role of Tribal Governments in matters affecting
American Indian reservations. That policy stressed two related themes:
(1) that the Federal Government will pursue the principle of Indian
"self-government" and (2) that it will work directly with Tribal
Governments on a "government-to-government" basis.
The Environmental Protection Agency (EPA) has previously issued general
statements of policy which recognize the importance of Tribal Governments
in regulatory activities that impact reservation environments. It is the
purpose of this statement to consolidate and expand on existing EPA Indian
Policy statements in a manner consistent with the overall Federal position
in support of Tribal "self-government" and "government-to-government" rela-
tions between Federal and Tribal Governments. This statement sets forth
the principles that will guide the Agency in dealing with Tribal Governments
and in responding to the problems of environmental management on American
Indian reservations in order to protect human health and the environment.
The Policy is intended to provide guidance for EPA program managers in the
conduct of the Agency's congressionally mandated responsibilities. As
such, it applies to EPA only and does not articulate policy for other
Agencies in the conduct of their respective responsibilities.
It is important to emphasize that the implementation of regulatory
programs which will realize thec_ 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 co proceed in a carefully phased way, to learn from
successes and failures, and to gain experience. Nonetheless, by beginning
work on,the priority problems that exist now and continuing in the direction
established under these principles, over time we can significantly enhance
environmental quality on reservation lands.
POLICY
In carrying out our responsibilities on Indian reservations, the
fundamental objective of the Environmental Protection Agency is to protect
human health and the environment. The keynote of this effort will be to
give special consideration to Tribal interests in making Agency policy,
and to insure the close involvement of Tribal Governments in making
decisions and managing environmental programs affecting reservation lands.
To meet this objective, the Agency will pursue the following principles:
67
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1. THE AGENCY STANDS READY TO WORK DIRECTLY WITH INDIAN TRIBAL GOVERNMENTS
ON A ONE-TO-ONE BASIS (THE "GOVERNMENT-TO-GOVERNMENT" RELATIONSHIP), RATHER
THAN AS SUBDIVISIONS OF OTHER GOVERNMENTS.
EPA recognizes Tribal Governments as sovereign entities with primary
authority and responsibility for the reservation populace. Accordingly,
EPA will work directly with Tribal Governments as the independent authority
for reservation affairs, and not as political subdivision: of States or
other governmental units.
2. THE AGENCY WILL RECOGNIZE TRIBAL GOVERNMENTS AS THE PRIMARY PARTIES
FOR SETTING STANDARDS, MAKING ENVIRONMENTAL POLICY DECISIONS AND MANAGING -
PROGRAMS FOR RESERVATIONS, CONSISTENT WITH AGENCY STANDARDS AND REGULATIONS.
In keeping with the principle of Indian self-government, the Agency
will view Tribal Governments as the appropriate non-Federal parties for
making decisions and carrying out program responsibilities affecting
Indian reservations, their environments, and the health and welfare of
the reservation populace. Just as EPA's deliberations and activities have
traditionally involved the interests and/or participation of State Govern-
ments, EPA will look directly to Tribal Governments to play this lead role
for matters affecting reservation environments.
3. THE AGENCY WILL TAKE AFFIRMATIVE STEPS TO ENCOURAGE AND ASSIST
TRIBES IN ASSUMING REGULATORY AND PROGRAM MANAGEMENT RESPONSIBILITIES
FOR RESERVATION LANDS.
The Agency will assist interested Tribal Governments in developing
programs and in preparing to assume regulatory and program management
responsibilities for reservation lands. Within the constraints of EPA's
authority and resources, this aid will include providing grants and other
assistance to Tribes similar to that we provide State Governments. The
Agency will encourage Tribes to assume delegable responsibilities, (i.e.
responsibilities which the Agency has traditionally delegated to State
Governments for non-reservation lands) under terms similar to those
governing delegations to States.
Until Tribal Governments are willing and able to assume full responsi-
bility for delegable programs, the Agency will retain responsibility
for managing programs for reservations (unless the State has an express
grant of jurisdiction from Congress sufficient to support delegation to
the State Government). Where EPA retains such responsibility, the Agency
will encourage the Tribe to participate in policy-making and to assume
appropriate lesser or partial roles in the management of reservation
programs.
-------
4. THE AGENCY WILL TAKE APPROPRIATE STEPS TO REMOVE EXISTING LEGAL AND
PROCEDURAL IMPEDIMENTS TO WORKING DIRECTLY AND EFFECTIVELY WITH TRIBAL
GOVERNMENTS ON RESERVATION PROGRAMS.
A number of serious constraints and uncertainties 1n the language
of our statutes and regulations have limited our ability to work directly
and effectively with Tribal Governments on reservation problems. As
impediments in our procedures, regulations or statutes are identified
which limit our ability to work effectively with Tribes consistent with
this Policy, we will seek to remove those impediments.
5. THE AGENCY, IN KEEPING WITH THE FEDERAL TRUST RESPONSIBILITY, WILL
ASSURE THAT TRIBAL CONCERNS AND INTERESTS ARE CONSIDERED WHENEVER EPA'S
ACTIONS AND/OR DECISIONS MAY AFFECT RESERVATION ENVIRONMENTS.
EPA recognizes that a trust responsibility derives from the his-
torical relationship between the Federal Government and Indian Tribes
as expressed in certain treaties and Federal Indian Law. In keeping
with that trust responsibility, the Agency will endeavor to protect
the environmental interests of Indian Tribes when carrying out its
responsibilities that may affect the reservations.
6. THE AGENCY WILL ENCOURAGE COOPERATION BETWEEN TRIBAL, STATE AND
LOCAL GOVERNMENTS TO RESOLVE ENVIRONMENTAL PROBLEMS OF MUTUAL CONCERN.
Sound environmental planning and management require the cooperation
and mutual consideration of neighboring governments, whether those
governments be neighboring States, Tribes, or local units of government.
Accordingly, EPA will encourage early communication and cooperation
among Tribes, States and local governments. This is not intended to
lend Federal support to any one party to the jeopardy of the interests
of the other. Rather, it recognizes that in the field of environmental
regulation, problems are often shared and the principle of comity
between equals and neighbors often serves the best interests of both.
7. THE AGENCY WILL WORK WITH OTHER FEDERAL AGENCIES WHICH HAVE RELATED
RESPONSIBILITIES ON INDIAN RESERVATIONS TO ENLIST THEIR INTEREST AND
SUPPORT IN COOPERATIVE EFFORTS TO HELP TRIBES ASSUME ENVIRONMENTAL
PROGRAM RESPONSIBILITIES FOR RESERVATIONS.
EPA will seek and promote cooperation between Federal agencies to
protect human health and the environment on reservations. We will
work with other agencies to clearly identify and delineate the roles,
responsibilities and relationships of our respective organizations and
to assist Tribes in developing and managing environmental programs for
reservation lands.
-------
-4-
8. THE AGENCY WILL STRIVE TO ASSURE COMPLIANCE WITH ENVIRONMENTAL STATUTES
AND REGULATIONS ON INDIAN RESERVATIONS.
In those cases where facilities owned or managed by Tribal Governments
are not in compliance with Federal environmental statutes, EPA will work
cooperatively with Tribal leadership to develop means to achieve compliance,
providing technical support and consultation as necessary to enable Tribal
facilities to comply. Because of the distinct status of Indian Tribes and the
complex legal issues involved, direct EPA action through the judicial or
administrative process will be considered where the Agency determines, in its
judgment, that: (1) a significant threat to human health or the environment
exists, (2) such action would reasonably be expected to achieve effective
results in a timely manner, and (3) the Federal Government cannot utilize
other alternatives to correct the problem 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 noncompliance by the
private sector elsewhere in the country. Where the Tribe has a substantial
proprietary interest in, or control over, the privately owned or managed
facility, EPA will respond as described in the first paragraph above.
9. THE AGENCY WILL INCORPORATE THESE INDIAN POLICY GOALS INTO ITS PLANNING
AND MANAGEMENT ACTIVITIES, INCLUDING ITS BUDGET, OPERATING GUIDANCE, LEGISLA-
TIVE INITIATIVES, MANAGEMENT ACCOUNTABILITY SYSTEM AND ONGOING POLICY AND
REGULATION DEVELOPMENT PROCESSES.
It is a central purpose of this effort to ensure that the principles
of this Policy are effectively institutionalized by incorporating them into
the Agency's ongoing and long-term planning and management processes. Agency
managers will include specific programmatic actions designed to resolve prob-
lems on Indian reservations in the Agency's existing fiscal year and long-term
planning and management processes.
William D. Ruckelshaus
70
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w
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Some Regions and Program Offices have already made individual starts
along the lines of the Policy and Guidance. I believe that a clear
Agency-wide policy will enable all programs to build on these efforts so
that, within the limits of our legal and budgetary constraints, the Agency
as a whole can make respectable progress in the next year.
As we begin the first year of operations under the Indian Policy, we
cannot expect to solve all of the problems we will face in administering
programs under the unique legal and political circumstances presented by
Indian reservations. We can, however, concentrate on specific priority
problems and issues and proceed to address these systematically and care-
fully in the first year. With this general emphasis, I believe that we
can make respectable progress and establish good precedents for working
effectively with Tribes. By working w >nin a manageable scope and pace,
we can develop a coordinated base which can be expanded, and, as appropriate,
accelerated in the second and third years of operations under the Policy.
In addition to routine application of the Policy and this Guidance in
the conduct of our everyday business, the first year's implementation effort
will emphasize concentrated work on a discrete number of representative
problems through cooperative programs or pilot projects. In the Regions,
this effort should include the identification and initiation of work on
priority Tribal projects. At Headquarters, it should involve the resolution
of the legal, policy and procedural problems which hamper our ability to
implement the kinds of projects identified by the Regions.
The Indian Work Group (IWG), which is chaired by the Director of the
Office of Federal Activities and composed of representatives of key regional
and headquarters offices, will facilitate and coordinate these efforts.
The IWG will begin immediately to help identify the specific projects
which may be ripe for implementation and the problems needing resolution
in the first year.
Because we are starting in "mid-stream," the implementation effort
will necessarily require some contribution of personnel time and funds.
While no one program will be affected in a major fashion, almost all Agency
programs are affected to some degree. I do not expect the investment in
projects on Indian Lands to cause any serious restriction in the States'
funding support or in their ability to function effectively. To preserve
the flexibility of each Region and each program, we have not set a target
for allocation of FY 85 funds. I am confident, however, that Regions and
program offices can, through readjustment of existing resources, demonstrate
significant and credible progress in the implementation of EPA's Policy in
the next year.
72
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ACTION
Subject to these constraints, Regions and program managers should now
initiate actions to implement the principles of the Indian Policy. The
eight categories set forth below will direct our initial implementation
activities. Further guidance will be provided by the Assistant Adminis-
trator for External Affairs as experience indicates a need for such guidance.
1. THE ASSISTANT ADMINISTRATOR FOR EXTERNAL AFFAIRS WILL SERVE AS
LEAD AGENCY CLEARINGHOUSE AND COORDINATOR FOR INDIAN POLICY MATTERS.
This responsibility will include coordinating the development of
appropriate Agency guidelines pertaining to Indian issues, the
implementation of the Indian Policy and this Guidance. In this effort
the Assistant Administrator for External Affairs will rely upon the
assistance and support of the EPA Indian Work Group.
2. THE INDIAN WORK GROUP (IWG) WILL ASSIST AND SUPPORT THE ASSISTANT
ADMINISTRATOR FOR EXTERNAL AFFAIRS IN DEVELOPING AND RECOMMENDING DETAILED
GUIDANCE AS NEEDED ON INDIAN POLICY AND IMPLEMENTATION MATTERS. ASSISTANT
ADMINISTRATORS, REGIONAL ADMINISTRATORS AND THE GENERAL COUNSEL SHOULD
DESIGNATE APPROPRIATE REPRESENTATIVES TO THE INDIAN WORK GROUP AND PROVIDE
THEM WITH ADEQUATE TIME AND RESOURCES NEEDED TO CARRY OUT THE IWG'S
RESPONSIBILITIES UNDER THE DIRECTION OF THE ASSISTANT ADMINISTRATOR FOR
EXTERNAL AFFAIRS.
The Indian Work Group, {IWG) chaired by the Director of the Office of
Federal Activities, will be an important entity for consolidating the
experience and advice of the key Assistant and Regional Administrators on
Indian Policy matters. It will perform the following functions: identify
specific legal, policy, and procedural impediments to working directly
with Tribes on reservation problems; help develop appropriate guidance
for overcoming such impediments; recommend opportunities for implementation
of appropriate programs or pilot projects; and perform other services in
support of Agency managers in implementing the Indian Policy.
The initial task of the IWG will be to develop recommendations and
suggest priorities for specific opportunities for program implementation
in the first year of operations under the Indian Policy and this Guidance.
To accomplish this, the General Counsel and each Regional and Assistant
Administrator must be actively represented on the IWG by a staff member
authorized to speak for his or her office. Further, the designated
representative^) should be afforded the time and resources, including
travel, needed to provide significant staff support to the work of the
IWG.
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3. ASSISTANT AND REGIONAL ADMINISTRATORS SHOULD UNDERTAKE ACTIVE OUTREACH AND
LIAISON WITH TRIBES, PROVIDING ADEQUATE INFORMATION TO ALLOW THEM TO WORK
WITH US IN AN INFORMED WAY.
In the first thirteen years of the Agency's existence, we have worked
harci to establish working relationships with State Governments, providing
background information and sufficient interpretation and explanations to
enable them to work effectively with us in the development of cooperative
State programs under our various statutes. In a similar manner, EPA managers
should try to establish direct, face-to-face contact (preferably on the
reservation) with Tribal Government officials. This liaison is essential to
understanding Tribal needs, perspectives and priorities. It will also foster
Tribal understanding of EPA's programs and procedures needed to deal effec-
tively with us.
4. ASSISTANT AND REGIONAL ADMINISTRATORS SHOULD ALLOCATE RESOURCES TO MEET
TRIBAL NEEDS, WITHIN THE CONSTRAINTS IMPOSED BY COMPETING PRIORITIES AND BY
OUR LEGAL AUTHORITY.
As Tribes move to assume responsibilities similar to those borne by EPA
or State Governments, an appropriate block of funds must be set aside to
support reservation abatement, control and compliance activities.
Because we want to begin to implement the Indian Policy now, we cannot
wait until FY 87 to formally budget for programs on Indian lands. Accordingly,
for many programs, funds for initial Indian projects in FY 85 and FY 86
w'i 11 need to come from resources currently planned for support to EPA-and
State-managed programs meeting similar objectives. As I stated earlier, we
do not expect to resolve all problems and address all environmental needs on
reservations immediately. However, we can make a significant beginning
without unduly restricting our ability to fund ongoing programs.
I am asking each Assistant Administrator and Regional Administrator to
take measures wi~thin his or her discretion and authority to provide sufficient
staff time and grant funds to allow the Agency to initiate projects on Indian
lands in FY 85 and FY 86 that will constitute a respectable step towards
implementation of the Indian Policy.
5. ASSISTANT AND REGIONAL ADMINISTRATORS, WITH LEGAL SUPPORT PROVIDED BY THE
GENERAL COUNSEL, SHOULD ASSIST TRIBAL GOVERNMENTS IN PROGRAM DEVELOPMENT AS
THEY HAVE DONE FOR THE STATES.
The Agency has provided extensive staff work and assistance to State
Governments over the years in the development of environmental programs
and program management capabilities. This assistance has become a routine
aspect of Federal/State relations, enabling and expediting the States'
assumption of delegable programs under the various EPA statutes. This "front
end" investment has promoted cooperation and. increased State involvement
in the regulatory process.
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As the Agency begins to deal with Tribal Governments as partners in
reservation environmental programming, we will find a similar need for EPA
assistance. Many Regional and program personnel have extensive experience
in working with States on program design and development; their expertise
should be used to assist Tribal Governments where needed.
6. ASSISTANT ADMINISTRATORS, REGIONAL ADMINISTRATORS AND THE GENERAL
COUNSEL SHOULD TAKE ACTIVE STEPS TO ALLOW TRIBES TO PROVIDE INFORMED INPUT
INTO EPA'S DECISION-MAKING AND PROGRAM MANAGEMENT ACTIVITIES "WEFT AFFECT
RESERVATION ENVIRONMENTS.
Where EPA manages Federal programs and/or makes decisions relating
directly or indirectly to reservation environments, full consideration and
weight should be given to the public policies, priorities and concerns of the
affected Indian Tribes as expressed through their Tribal Governments. Agency
managers should make a special effort to inform Tribes of EPA decisions and
activities which can affect their reservations and solicit their input as we
have done with State Governments. Where necessary, this should include provid-
ing the necessary information, explanation and/or briefings needed to foster
the informed participation of Tribal Governments in the Agency's standard-
setting and policy-making activities.
7. ASSISTANT AND REGIONAL ADMINISTRATORS SHOULD, TO THE MAXIMUM FEASIBLE
EXTENT, INCORPORATE TRIBAL CONCERNS, NEEDS AND PREFERENCES INTO EPA'S POLICY
DECISIONS AND PROGRAM MANAGEMENT ACTIVITIES AFFECTING RESERVATIONS.
It has been EPA's practice to seek out and accord special consideration
to local interests and concerns, within the limits allowed by our statutory
mandate and nationally established criteria and standards. Consistent with
the Federal and Agency policy to recognize Tribal Governments as the primary
voice for expressing public policy on reservations, EPA managers should, within
the limits of their flexibility, seek and utilize Tribal input and preferences
in those situations where we have traditionally utilized State or local input.
We recognize that conflicts in policy, priority or preference may arise
between States and Tribes as it does between neighboring States. As in the
case of conflicts between neighboring States, EPA will encourage early communi-
cation and cooperation between Tribal and State Governments to avoid and resolve
such issues. This is not intended to lend Federal support to any one party in
its dealings with the other. Rather, it recognizes that in the field of environ-
mental regulation, problems are often shared and the principle of comity between
equals often serves the interests of both.
Several of the environmental statutes include a conflict resolution mechan-
ism which enables EPA to use its good offices to balance and resolve the con-
flict. These procedures can be applied to conflicts between Tribal and State
Governments that cannot otherwise be resolved. EPA can play a moderating role
by following the conflict resolution principles set by the statute, the Federal
trust responsibility and the EPA Indian Policy.
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8. ASSISTANT ADMINISTRATORS, REGIONAL ADMINISTRATORS AND THE GENERAL COUNSEL
SHOULD WORK COOPERATIVELY WITH TRIBAL GOVERNMENTS TO ACHIEVE COMPLIANCE WITH
ENVIRONMENTAL STATUTES AND REGULATIONS ON INDIAN RESERVATIONS, CONSISTENT
WITH THE PRINCIPLE OF INDIAN SELF-GOVERNMENT.
The EPA Indian Policy recognizes Tribal Governments as the key
governments having responsibility for matters affecting the health and
welfare of the Tribe. Accordingly, where tribally owned or managed
facilities do not meet Federally established standards, the Agency will
endeavor to work with the Tribal leadership to enable the tribe to
achieve compliance. 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 we do to noncompliance by the
private sector off-reservation.
Actions to enable and ensure compliance by Tribal facilities with
Federal statutes and regulations include providing consultation and
technical support to Tribal leaders and managers concerning the impacts
of noncompliance on Tribal health and the reservation environment
and steps needed to achieve such compliance. As appropriate, EPA may
also develop compliance agreements with Tribal Governments and work
cooperatively with other Federal agencies to assist Tribes in meeting
Federal standards.
Because of the unique legal and political status of Indian Tribes
in the Federal System, direct EPA actions against Tribal facilities
through the judicial or administrative process will be considered where
the Agency determines, in its judgment, that: (1) a significant threat to
human health or the environment exists, (2) such action would reasonably be
expected to achieve effective results in a timely manner, and (3) the Federal
Government cannot utilize other alternatives to correct the problem in a
timely fashion. Regional Administrators proposing to initiate such action
should first obtain concurrence from the Assistant Administrator for Enforce-
ment and Compliance Monitoring, who will act in consultation with the Assis-
tant Administrator for External Affairs and the General Counsel. In emergency
situations, the Regional Administrator may issue emergency Temporary Restrain-
ing Orders, provided that the appropriate procedures set forth in Agency
delegations for such actions are followed.
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9. ASSISTANT ADMINISTRATORS, REGIONAL ADMINISTRATORS AND THE GENERAL COUNSEL
SHOULD BEGIN TO FACTOR INDIAN POLICY GOALS INTO THEIR LONG-RANGE PLANNING AND
PROGRAM MANAGEMENT ACTIVITIES, INCLUDING BUDGET, OPERATING GUIDANCE, MANAGEMENT
ACCOUNTABILITY SYSTEMS AND PERFORMANCE STANDARDS.
In order to carry out the principles of the EPA Indian Policy and work
effectively with Tribal Governments on a long-range basis, it will be necessary
to institutionalize the Agency's policy goals in the management systems that
regulate Agency behavior. Where we have systematically incorporated State needs,
concerns and cooperative roles into our budget, Operating Guidance, management
accountability systems and performance standards, we must now begin to factor the
Agency's Indian Policy goals into these same procedures and activities.
Agency managers should begin to consider Indian reservations and Tribes
when conducting routine planning and management activities or carrying out
special policy analysis activities. In addition, the IWG, operating under the
direction of the Assistant Administrator for External Affairs and with
assistance from the Assistant Administrator for Policy, Planning and Evaluation,
will identify and recommend specific steps to be taken to ensure that Indian
Policy goals are effectively incorporated and institutionalized in the Agency's
procedures and operations.
Attachment
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