ENVIRONMENTAL PROTECTION AGENCY
        ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 88
Office of  External  Affairs
Office of  Federal  Activities
       March 1989

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                    ENVIRONMENTAL PROTECTION AGENCY




        ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 88
Introduction                                                              2




Observations                                                              3




Program  Highlights                                                       4




Matrix  (Funding  and  Workyears)                                          6




Program  Summaries




      The Office of Air and Radiation                                      7




      The Office of Water                                                12




             CWA  Programs                                              14




             SDWA Programs-UIC                                         19




             SDWA Programs-PWSS                                       21




             GW Programs                                                28




      Office of Pesticides and  Toxic  Substances                            30




      Office of Solid  Waste and Emergency  Response                       33




             RCRA  Programs                                             35




             Title III  Programs                                           40




             CERCLA  Programs                                           41




      Office of Federal  Activities                                         46




      Office of General  Counsel                                           53




Indian  Work Group  Coordinators                                          55




Glossary of Acronyms                                                    56




Appendix  A    EPA Indian  Policy  and Implementation  Guidance              60

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                                 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 three  major  areas:
(1)  seeking  amendments to environmental  statutes  in  order to clarify  the  role
of tribal  governments  in  this  area; (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;  and  (3)  working  to incorporate  attention  to  tribal  environmental
problems  and  issues  into  EPA's broader  management  structure:  operating
guidance,  program  strategies,  budget  considerations,  etc.

   We  have made progress in these areas, and  we expect  that future progress
will  be  greater.  The  number  of workyears expended  for the  implementation   of
the  Indian policy has increased,  as  it  has  each  of  the  past  several years.  Last
year's  Celtor Chemical   Plant Superfund  cleanup  in  Region 9 cost more than  S5
million;  in  the  absence  of  a major Superfund cleanup  this  year  EPA monies
spent on  Indian  lands  decreased.  However,  baseline  funding  increased,  and  we
anticipate it  will  continue  to do  so as  EPA media program  offices  strengthen
their  commitment of funding and workyears to  fulfill  the goals  of  the
Agency's  Indian  policy.

   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
thousands of  dollars  that EPA headquarters  and  each  region  expended  on each
program  (i.e.,  Clean  Air  Act,  Federal  Insecticide,  Fungicide and Rodenticide
Act)  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; if
they  were,  the  total  amount of  reported  monies  would  be larger.

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                                 OBSERVATIONS

1.  In FY 88, EPA  expended approximately S6.9 million  and  77.7 workyears on
   environmental  activities  on  Indian   lands.

2.  The  decrease  in  funding  from  FY  87's  $8.9  million is due to the completion
   of the $5.1 million Celtor Chemical Plant Superfund  clean up on the Hoopa
   Reservation  in  California.

3.  There  has been  an increase of 20.6 workyears,  up from  57.1 last fiscal year.

4.  The  greatest  increase  in  funding  comes  from the OPTS  program, which
   expended  nearly $900,000 more than in  FY 87.  (In FY 87 OPTS was  filed
   under  the heading "FIFRA/TSCA".)

5.  The  greatest  increase  in  workyears appears  in  the  CWA program,  which
   reported  9.5  more  workyears than  in  FY 88.  This reflects the activity
   required  for  developing  the  implementing regulations  and  ensuring   that
   consultation   with   tribes  occurred.

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                        PROGRAM HIGHLIGHTS FOR FY 88

Communications

   The Agency  has  initiated  a concerted  effort to ensure  that  tribal
governments  are  kept informed  of  EPA activities  that  might affect  them.     At
headquarters,   the  communciation  strategists   review  communication  strategies
to determine  if  tribal  governments  are  appropriately considered.    In addition,
the tribes  now receive  copies  of  the  EPA Journal.

   Region 5 has  conducted a  mail  survey  of the  tribes in  that region to
ascertain  what  they  perceived as  their  major environmental  concerns  and
needs.   A telephone  survey of  the  Indian  news media,  similar to that  of the
tribes,  also was  conducted.    In  addition,  general,  program-specific,  and  youth-
oriented  information  packets  were  sent out.

   A  two-day  meeting  was  held  in Region  6  between  tribal representatives  and
regional  senior management  to discuss  recent  EPA  initiatives and tribal
concerns.

Office  of Air  and  Radiation

   Region 8 provided  grants  totalling  5473,300 to  9   reservations  for  air
monitoring  and  program   development.  These  reservations  will  complete
emissions  inventories and  air  quality  surveys  and  will  continue  to develop  air
quality  code's  and  regulations  for  each  reservation.

   OAR has also  included  Indian  tribes  in  its  national survey  of  indoor radon
levels.  '  In  Minnesota,  40% of  Indian  homes surveyed were found   to  have  radon
levels  that  exceeded  the   national   standard.

Office  of Water

   Region 5  Water  Division,  in  recognizing the  importance  of effective
communication  and  program   implementation on  Indian  lands,  has   established
a  full-time permanent  Indian  Programs  Liaison  position.   This  individual
coordinates among  tribes and  states  in  Region  5 for both Clean  Water Act  and
Safe Drinking  Water Act  programs.

   Region 9 contracted with  a consultant  to assist  the development of an
application from  Stewart's  Point Rancheria  for  HUD CDBG  funds.  The
application was accepted and  the  tribe received 5400,000  in  grant funds  for
structural   improvements  to its  water  system.

   HQ  OW published the  final  Safe Drinking Water Act Indian Lands
Regulations.  This  clears the  way  for  tribes  to  apply   for grants  in support  of
primacy  for  the   public  water  supply  system  program and  (he underground
injection   control  program.

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Office of Pesticides and  Toxic Substances

    In  FY  88,  the  Office  of  Pesticides  and Toxic  Substances  provided  funding  for
pesticide  compliance   monitoring  on  Indian  reservations  through  eight
enforcement  cooperative  agreements awarded  by  the  Region  8, 9  and  10
offices. In addition, EPA  awarded  grants  for 17  new  BIA asbestos  abatement
projects  in  the  northcentral  and  southwestern United  States.

    Under  the  Asbestos  Inspection  and  Management  Plan  Assistance
Program,  EPA  provided $1,000,000  in  financial assistance  (in  the  form of
grants)  to  BIA schools to help defray the cost of complying  with  the  Inspection
and  Management  Plan requirements of  AHERA.  The  grant was awarded  directly
to BIA,  which will develop  an  award strategy  for its  schools.

Office of Solid Waste and Emergency  Response

    Region 6 Superfund staff participated  in  a public  meeting  for  a United
Nuclear  site  and  provided  a  translator  for Navajo citizens impacted  by  the site.
Region  6 staff also  worked  on the preparatory work  to  establish  a Superfund
"state"  memorandum  of  agreement,  a  pre-remedial  cooperative  agreement,  and
a  core  cooperative agreement  with the  Navaho  Tribe.

    OSWER  and  OFA  co-sponsored  three  Indian  outreach  meetings  in Billings,
Albuquerque,  and  Duluth. Approximately  150  representatives  from  tribes,  IHS,
BIA,  and FEMA attended. The meetings focused on the major  OSWER programs
on  Indian lands,  including RCRA (Subtitles C, D  and I),   Superfund and Title  III
of SARA. In addition,  OSWER and OFA  staff  made site visits to Indian
reservations.

Office of Federal  Activitieg

    A $40,000   grant  was  given  to  the  National  Congress  of American  Indians
(NCAI) for the training of Indian tribes on how  to  work  with  EPA.  The tribes
will be shown  how to use the  handbook, entitled Environmental  Protection   in
Indian Country:   a Handbook  for  Tribal  Leaders  and Resource Managers  ,
which  was   developed  by  NCAI on  a grant from  the Ford  Foundation.  There
were   training  meetings  in  Albuquerque,  Seattle,  Oklahoma  City,  Green Bay
and  Sioux  Falls.    Approximately 200 tribal, BIA,  and IHS  staff  were trained.

    A NNEPS  intern  was  hired  to  study  solid  waste problems  and  management
on  Indian  lands.    A report  and set of recommendations  on  the  subject was
developed in cooperation  with the Office  of  Solid Waste.

    The  Senior  Environmental  Employee   (SEE) program  initiative  to provide
technical  assistance to  tribes  was  initiated.   OFA and  the regional  Indian
coordinators  worked together  to  place  the  first  SEE  employees  in  Regions  5,  7,
and  8.   These  employees will "circuit ride"  and  provide  technical  assistance  to
tribal  environmental   staff.

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                                   FY 88 ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS
REG
1
2
3
4
5
6
7
8
9
10
«?

'1U1
OAR
Exp.




95.9
5

552.5
80
54
9
796.4
WY

0.2

0.1
0.9
0.1

0.7
0.2
1.6

3.8
CWA
Exp.



534
83
330

40

1785

2772
WY



0.5
2.4
0.5

0.1
1.9
0.9
4.7
11
SDWA-
U1C
Exp.




15
94.7

7.5
89


206.2
WY

0.3


0.4
19.8
0.3
0.8
1
0.1

22.7
SDVVA-
PWSS
Exp.

10


44.6
69.5
24
52
135.2
66
5
406.3
WY

0.7

0.4
0.9
1.1
1.1
0.6
4
0.6
0.5
9.9
SDWA-
GWP
Exp.




25
20

35



80
WY




0.5
0.1

0.3

0.3

1.2
OPTS
Exp.




39


171.5
223
18
1114
1565
WY





0.2

1.3
0.8
0.2

2.5
RCRA
Exp.




30


32.5


100
162.5
WY




0.6
0.1

0.7
0.8
1.3
0.4
3.9
SARA/
CERCLA/
TITLE III
Exp.

4.9



0.2

58
50

285
398.1
WY

0.8


0.2
0.8

0.9
1.1
0.1
2.3
6.2
OF7 A
Exp.

40


112.5
64
5
75
87
75
77.3
535.8
WY
0.1
0.5

0.1
2.9
1.1
0.2
1.2
1
1.6
3.4
12.1
OGC70RC
Exp.











0
WY
O.I


0.1
0.7
0.5

1

0.8
1.2
4.4
TO' %AL
Exp.
0
54.9

534
445
583.4
29
1024
664.2
1998
1590
6922.5
WY
0.2
2.5

1.2
9.5
24.3
1.6
7.6
10.8
7.5
12.5
77.7
WY  = Workycar  (Rounded to the  nearest 0.1)
Exp. =  Expenditure ($1,000)
AH figures are rounded  to  the  nearest 0.1  Workyear  and the nearest  $100.

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                EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

                       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.  The  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  Act in the 1980s  focuses
on  five  major program  goals.  They are  as follows:

   *  Reduce the risk of exposure to air toxics.

   *  Achieve  National  Ambient Air   Quality  Standards  (NAAQSs)  set to  protect
       human   health.

   *  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.

   *  Develop  and  support programs  to  maintain  improvements   in  air  quality.

   The  first  three  goals  are  directed  at  addressing  major environmental
problems.  They  are  listed in  general  order of  national  priority, based  on public
health  risk  and  feasibility of  control. The order of these  priorities may  vary
from  area  to area  depending  on  the   relative  health  risks  presented  by local
pollution problems.   The   fourth  and   fifth  goals are  more  programmatic  and
cross-cutting  in  nature.

   The  national  mandate  to protect  public health  and   the  environment  from
the adverse effects of radiation  is  also derived  from  the  Clean Air  Act,  as well
as  from several  other statutes.  There are  two  major  program   objectives  under
the  radiation  program. They are  as   follows:
       Reduce  risk  of exposure  to unhealthful  levels  of  radiation

       Maintain  comprehensive  surveillance  and   effective  emergency
              response  capabilities.
                               7

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   Descriptions  of technical  and  financial  assistance  programs  available  from
the  Office  of Air and  Radiation as stated in  the  Office  of Management  and
Budget's  1987  Catalog  of Federal  Domestic  Assistance are:
PROGRAM DESCRIPTION
66.001 AIR POLLUTION
CONTROL-PROGRAM
SUPPORT
66.003 AIR POLLUTION
CONTROL-MANPOWER
TRAINING
66.006 AIR POLLUTION
CONTROL-TECHNICAL
TRAINING
FINANCIAL
*
*

NON-FINANCIAL


*

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
                     OFFICE OF AIR AND RADIATION
PROGRAM   ($000)    WORK
HEADING   FUNDING YEARS   TYPE
PROGRAM
DESCRIPTION
Region 2
Region 4
Region 5




Region 6



$21.9

$61.5
$12.5
(see HQ)

$5.0

0.2
0.05
0.15
0.05
0.35
0.25
0.05

0.04
Outreach
D/I
D/I
T/A
F/A
F/A
T/A
F/A
T/A
Seneca Nation is routinely sent
copies of all informative material,
that is also sent to states, con-
cerning radon. Additionally, the
region has begun to explore the
possibility of entering into an
agreement with HUD to address
radon corrective measures.
Advise and provide information on
radon testins to tribes.
Twenty-four hundred charcoal
canisters and technical assistance
were provided for a radon survey
on 29 Indian reservations. In
addition, coordination, of HQ's ran-
dom radon survey was provided.
Technical assistance and guidance
were provided to Region 5 Indian
Coordinator on radon issues.
The Air Assistance Award provided
to the White Earth Reservation is
for a program to assess air quality
levels. Also support is provided for
monitoring acid precipitation,
wood burning and to analy/e filters
for heaw metals and pesticides.
An Air Assistance Agreement to be
awarded this year to the Oncida,
Menominee, Stockbridge-Munsce
Tribes, in consortium, for an air
monitoring program to assess air
quality paniculate levels,
pesticides, heaw metals, and SO^.
Technical assistance and guidance
to Region 5 Indian coordinator for
air grant related issues.
Region 6 contribution to Navajo air
grant which is being managed by
Resion 9.
Evaluation of air grant application
from Jicarilla Apache Tribe and
meeting with tribal representatives
to discuss application and funding
considerations.

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
                    OFFICE OF AIR AND RADIATION
PROGRAM   ($000)   WORK
HEADING   FUNDING YEARS  TYPE
PROGRAM
DESCRIPTION
Region 6
(Con't)
Region 8




Region 9

$452.8


$55.0
$44.7
$80.0
0.04
0.50
0.10
0.10


0.20
T/A
F/A
T/A
T/A
T/A
T/A
F/A
Coordination of radon survey for
Navajo and Indian lands located in
New Mexico.
Provide grants to 10 reservations
to complete emissions inventories
and air quality climatology and to
progress toward the development of
air quality codes and regulations
for each reservation.
Region 8 Air Programs Officer
provides training in handling and
interpreting air quality data. Also
coordinates presentations of special
efforts and projects occurring on
reservations. Tribal air quality
personnel are brought into the
reaional offices in Denver.
PSD permit applicability determina-
tion and modeling/monitoring
assessment in instances of a pro-
posal to locate a stationary source
on reservation land under federal
permitting authority.
Air quality monitoring assistance
by the State of Montana including
equipment servicing and location
selection. Coordination between
reservations and state program
activities. This assistance is
available to all Montana tribes
receiving air quality monitoring
grants.
The Council of Energy Resource
Tribes (CERT) provides technical
assistance in developing tribal air
quality codes and regulations for
non-Montana tribes receiving CAA
section 105 grants. Early stages of
regulation development include
CERT's efforts to coordinate the air
quality interests of each tribe and
the appropriate state air officials.
Navajo Air Quality Project to
develop tribal air program.
                        10

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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
        OFFICE OF AIR AND RADIATION
PROGRAM ($000) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
Region 10






HQ
ORP
-Radon

HQ
New Tribal
Initiatives
$54.0
(see HO}






S9.0


1.25
0.10
0.02
0.06
0.02
0.10
0.08



T/A
D/I
D/I
D/I
D/I
Outreach
D/I
F/A
T/A
F/A
Program grant to Shoshone-
Bannock Tribe.
Oversight of program grant to
Shoshone-Bannock Tribe.
Inspect plywood mill on Warm
Springs Reservation and
recommend improvements to air
poiJution control facilities.
Processing Spokane Tribe PSD
redesignation to Class I status.
Working to achieve compliance of
plywood mill on Warm Springs
Reservation with air emissions
targets.
Provide information to tribes
regarding EPA air programs and
funding.
Assist Tulalip Tribe on PSD permit
for proposed municipal incinerator
on reservation.
Headquarters provided 1000 of some
3400 testing kits used in Region 5's
Indian lands radon survcv.
Headquarters provided technical
assistance to Indian tribes in
Region 5 on radon assessment.
Headquarters funded two new tribal
initiatives in Regions 5 and 10 at
$70.0 (See regional activities').
            11

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                EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

                              THF OFHCE OF WATER

   The EPA  together with  state,  tribal and  local  governments has
responsibility  for  water  quality in three  areas. The first  is  reducing  pollution
of surface  waters.  The  second is preventing  contamination  of  groundwaters
needed  for human  consumption.  The  final  area  concerns  maintaining  the
purity  of drinking water.  EPA, states  and tribes  also  implement programs to
protect  general ground  water  quality  authorized  under  several  different
statutes  and  described  in the  recently  published  groundwater strategy.

   Authority  to implement  these   programs comes  from three major statutes.
They  are  as follows:

   *   Safe Drinking Water Act (SDWA)

   *   Clean Water Act (CWA)

   *   Marine  Protection,  Research,  and  Sanctuaries Act  (MPRSA)

   Objectives of  the major  statutes are:

                                     SDWA
   Ensure that  drinking  waters  are  free  from harmful  contaminants,
   protect  groundwater  from  contamination  by  underground  injection,
   and  support  state  groundwater  quality management  initiatives.

                                      CWA
   Restore  and maintain  the  chemical, physical,  and biological  integrity  of
   the  Nation's  water.

                                     MPRSA
   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,  though  not  a statute, supports  states
in the  development and implementation  of  groundwater  protection  programs.
It  also  provides a common policy   basis for all  EPA Groundwater  Program
activities.

   The Safe  Drinking  Water  Act  establishes   four  programs  through  which  the
EPA  can  fulfill its  mandate  of ensuring  that  drinking  waters  are  free  from
harmful  contaminants. The firsl one  is  the  Public Water  Supply  Supervision
Program.  This program  focuses on providing  safe  drinking  water  to  users  of
public water  systems, and  it  is currently   the  most active  program on  Indian
reservations.  The  Underground  Injection  Control  Program  (UIC)  focuses  on
protection  from contamination  of   groundwater supplies that are or  might  be
sources  of drinking  water due to  the  subsurface placement  of  fluids  by  well
operators. The  1986  Amendments to  the  Safe  Drinking  Water Act  created
additional  groundwater protection  programs.  The  first,  the  Sole Source  Aquifer
Demonstration Program (SSAD), provides  funds  to  state,  tribal or  local  political
units  to  demonstrate  unique  groundwater  protection activities.  The  second,  the

                             12

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Wellhead  Protection  Program  (WHP), provides  funds  to states  and tribes  to
protect  the  area around  the  public  drinking water  wells  or wellfields.   It
should  be  noted,  however,  that  Congress  did  not  appropriate  funds  for  these
programs  in  FY 1988.

   The Clean   Water Act  provides  a  comprehensive  structure  for  water
pollution  control.  The  Act  provides  for  establishment  of technology-based  and
water  quality-based  controls  for sources  of pollutants, state  and  now tribal
water  quality standards  to protect water uses,  monitoring  to  assess  water
conditions  and  trends,  and  water  quality  management (WQM)  planning   to
analyze problems  and design  needed  control  measures. The Act   accomplishes
its  purpose  by  creating  a partnership  between EPA   and  the  governments  of
the various states  and tribes. The  Act  allows  for state  and tribal  government
(under  certain  circumstances)  to develop  water  quality  standards. In addition,
the Act creates  specific  programs  to assist  states and  tribes in funding
pollution  control  activities  in  the areas  of wastewater treatment,  clean   lakes
restoration,  and  non-point  source   pollution  abatement.

   Descriptions  of  technical  and  financial  assistance programs  available  from
the Office  of Water  as stated in  the  Office of  Management  and  Budget's 1987
Cataloe of  Federal  Domestic  Assistance are:
PROGRAM DESCRIPTION
66.418 CONSTRUCTION GRANTS
FOR WASTEWATER
TREATMENT WORKS
66.432 STATE PUBLIC WATER
SYSTEM SUPERVISION
66.433 STATE UNDERGROUND
WATER SOURCE
PROTECTION
66.438 CONSTRUCTION
MANAGEMENT
ASSISTANCE
66.454 WATER QUALITY
MANAGEMENT
PLANNING
FINANCIAL
*
*
*
*
*
NON-FINANCIAL





                             13

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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
 OFFICE OF WATER CLEAN WATER ACT PROGRAMS
PROGRAM (SOOO) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
Region 1

Region 4



Region 5






$534.0
$52.2

0.02

0.30
0.15
0.05

0.50
0.25
T/A
F/A
D/I
T/A
D/I
D/I
D/I
Outreach
Reviewed potential impact of
adjacent development on
Narrangansett Tribe's Aquifer.
With IHS, submitted the
Passamaquaddy Tribe as a candidate
for funding as a model project
under the Wastewater Treatment
Indian Set-Aside Program.
Visited each reservation and
inspected wastewater treatment
facilities, issued NPDES permits, and
monitored compliance with
respective NPDES permit limitations
on discharges.
Stream studies for establishing
WQS stream standards and
compliance activities.
Assist tribes in obtaining grants
and obtain delegation of CWA.
A wastewater treatment Indian set-
aside model project grant was
awarded to the Eastern Band of
Cherokee Indians.
Five biological surveys at four
reservations to assess ambient
water quality using fish and
benthic macroinvertebrate rapid
assessment techniques. This phase
was initiated to document baseline
information from known or
suspected point and non-point
source influences.
Water Division's Indian Programs
Coordinator conducted 27 site visits
and met with tribal chairmen
and/or tribal representatives from
all 29 reservations to discuss
various aspects of CWA and SDWA
programs as they apply to Indian
lands. Specific tribal issues/
concerns were distributed to Water
Division staff for appropriate
follow-up.
            14

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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
 OFFICE OF WATER CLEAN WATER ACT PROGRAMS
PROGRAM ($000) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
Region 5
(Con't)






$30.0




0.05
0.50
0.01
0.15
0.10
0.02
Outreach
T/A
D/I
T/A
D/I
T/A
Water Division coordinated a meet-
ing between Minnesota Pollution
Control Agency and the various
tribes in Minnesota. The purpose of
the meeting was to have state and
tribes discuss their respective
programs, and identify areas of
mutual interest. It is felt that this
type of meeting will foster more
positive and productive state/tribal
relations. Similar meetings are
planned for Wisconsin and
Michiaan.
Grant to a non-profit organization
to fund a circuit rider half-time to
visit all reservations and provide
technical advice/assistance relative
to CWA programs. In addition, a
slide presentation is to be developed
to be used in sensitizing division
staff to tribal concerns, customs,
and traditions. Workshops on small
rural wastewater treatment issues
are also planned.
Three NPDES permits were issued to"
Indian tribes.
Representatives are visiting all
reservations to assess needs for
NPDES permits. All sewage lagoon
systems discharging to surface
waters are to be issued permiis.
An inventory of discharge permits
issued has been compiled. The per-
mits are being reviewed for compli-
ance. Violations will be followed.
Section 314, Clean Lakes Grant,
Phase 1 diagnostic feasibility study.
Provides for research to gather data
on 4 tribal lakes and their
watersheds and development of
management plans for each lake.
Effort continued from FY 87.
           15

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

             OFFICE OF WATER CLEAN WATER ACT PROGRAMS
PROGRAM   ($000)   WORK
HEADING    FUNDING YEARS   TYPE
PROGRAM
DESCRIPTION
Region 5
(Con't)




Region 6




$0.8






$330.0


0.03
0.10


0.70
0.50

0.02
0.01
0.01
T/A
Outreach


D/I
D/I
Outreach
F/A
T/A
Outreach
Regional contract funds ($750)
awarded to consultant to assist MN
Chippewa Tribe with the
preparation of Section 314 Clean
Lakes diagnostic feasibility study
for 4 tribal lakes .
Advised tribes on the availability of
resource information including
Nat'I Small Flows Clearinghouse.
Provided regional and state
outreach contacts to tribes.
Provided information on water
conservation and flow reduction to
circuit rider for distribution to
tribes.
Identification and recommendation
of candidates for funding as model
projects under the Wastewater
Treatment Indian Set-Aside
Program. Also aided workgroup in
establishing procedures and
criteria for set-aside grants.
Issuance of NPDES permits
involving Indian reservations
and/or issues.
Met with representatives of the
Cherokee Nation to discuss EPA
funding sources for building
wastewater treatment facilities.
The Isleta Pueblo was selected for
funding as a model project under
the wastewater treatment Indian
Set-Aside Program.
Meeting with Navajo Tribe to
discuss improvements to Shiprock
STP to meet permit limits.
Advise Navajos on delegation of
NPDES Permit/Enforcement
Program.
                       16

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88




             OFFICE OF WATER CLEAN WATER ACT PROGRAMS
HEADING
FUNDING YEARS  TYPE
DESCRIPTION
Region 8


Region 9




Region 10


S40.0











0.05
0.05
0.08
0.15
0.60
1.0
0.15
0.03
0.02
0.02
T/A
T/A
Outreach
D/I
D/I
T/A
D/I
Outreach
D/I
F/A
D/I
D/I
Outreach
Outreach
Conducted onsite evaluations of
treatment plants through 104(g)(l)
program.
Provided O&M review & T/A for St.
Stevens School review for NPDES
violations.
Met with a number of tribes on
construction grant needs.
NPDES inspection and enforcement
activities on Indian reservations.
NPDES permit issuance on Indian
lands:
* reissuance of permit to
Chinle
* new permits to Kinlinchee
and UMTRA
Provide information and technical
assistance to tribes on CWA
amendments. Work with tribes to
implement CWA programs.
Region 9 heading up coordination
effort with Pyramid Lake-Paiute
Tribe/NV Department of Environ-
mental Protection and the Cities of
Reno and Sparks to resolve current
litigation over water quality in the
Truckee River.
The White Mtn. Apache Tribe is
to receive S 150.0 in FY 89 under the
model projects for the Construction
Grants Indian Set-aside. EPA & IHS
began work with the tribe to
develop an interasencv acreemcm.
Assist Colvillc Confederated Tribes
in promulgation of tribal water
qualitv standards.
Keep Columbia River Inter-tribal
Fish Commission informed of state
water qualitv standards.
Inform tribes of water quality
standard developments and issues
and section 106 grant funding
issues.
                        17

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

             OFFICE OF WATER CLEAN WATER ACT PROGRAMS
PROGRAM
HEADING
($000)
FUNDING
WORK
YEARS
TYPE
PROGRAM
DESCRIPTION
Region 10
(Con't)










HQ









SI, 785


0.01
0.02
0.05
0.20
0.01
0.05
0.02
0.03
0.20

0.20
4.70
D/I
T/A
Outreach
T/A
T/A
D/I
D/I
D/I
D/I
F/A
Outreach
D/I
Outreach
Negotiation of work plans for
section 106 grant proposals (pre-
award}.
Field/lab support to tribes for
surface water chemical and
bioloeical assessments.
Inform tribes of municipal facility
funding sources. Forward comments
and information on needs to EPA-
HO.
NPDES program work for Colville
reservation permittees.
Follow-up with the Confederated
Tribes of Warm Springs Reservation
to discuss NPDES requirements for
tribal wastewater treatment.
Working on NPDES permit for forest
products mill on Warm Springs
Reservation.
Compliance inspection of Warm
Springs Forest Products. Inc.
Negotiation of workplans for sect.
106 proposals (prc-award).
Model construction grant project
to Tulalip Tribe (FY 89 grant award)
Construction grant to the
Swinomish Tribe.
Work on cooperative agreements
with Puyallup and Swinomish
Tribes.
Development of CWA Indian regu-
lations, the wastewater treatment
needs Report to Congress, work
towards promulgation of WQS for
the Colville Reservation, and
general outreach.
                        18

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

         OFFICE OF WATER SAFE DRINKING WATER PROGRAMS - UIC
PROGRAM
HEADING
(SOOO)   WORK
FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
Region 2


Region 5

Region 6





515. 0



$94.7
0.10
0.10
0.10
0.25
0.10
0.20
0.50
19.0
D/I
T/A
Outreach
D/I
T/A
D/I
Outreach
T/A
D/I
Administration of a UIC program
for the Seneca Nation.
Technical assistance for inspection
of Class II wells on Seneca Nation
Reservation.
Correspondence and meetings with
the Seneca Nation and the St. Regis
Mohawk Tribe regarding delegation
of UTC program.
Project grant fund, in the form of
an IAG with Indian Health Service,
to assist in direct implementation
by providing an inventory of UIC
wells emphasizing Class V.
Region 5 staff will provide training
on injection wells to IHS field
personnel and specific tribal staff.
Co-lead activities for UIC on Indian
lands; counsel water program at
meetings with tribal represen-
tatives in the field und at Region 6.
Region 6 has developed tailored
Indian regulations for the remain-
ing OK and NM Indian lands,
including all Ute, Mountain Ute and
Navajo lands. The region has co-
ordinated extensively via' meetings
and hearings with tribes, other
regions and agencies the develop-
ment and implementation of the
programs. Have also participated
on OW-Indian Workgroup and
reviewed, commented and parti-
cipated in meetings regarding
Indian Primacv Resnilations.
Continue to administer UIC Program
for Osage Mineral Reserve in Osage
County, OK for approximately 4,000
Class II wells utilizing a field office
in Pawhuska, OK, along with
regional staff and a cooperative
aareement/srant with the Osaszc
                        19

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

         OFFICE OF WATER SAFE DRINKING WATER PROGRAMS - UIC
PROGRAM   ($000)   WORK
HEADING    FUNDING YEARS  TYPE
PROGRAM
DESCRIPTION
Region 6
(Con't)
Region 7
Region 8




Region 9
Region 10


S2.0
$1.0
$0.5
$4.0

$89.0

0.10
0.25
0.15
0.05
0.05
0.50
0.05
1.0
0.1
T/A
D/I
D/I
T/A
Outreach
D/I
D/I
D/I
D/I
Federal assistance to the Navajo
Tribe for a UIC project involving
identification of wells and USDWs.
($74.3K transferred from Region 9.)
Staff to review proposed regulations
for UIC activities on Indian lands.
Continued direct implementation
and aquifer protection activities in
Montana and Colorado on Indian
lands.
T/A to HQ Indian workgroup
developing primacy guidance
package. Assistance and partici-
pation in Regional Indian
Workgroup. Minimal T/A provided
to Indian tribes. Major assistance
provided to well operators to help
protect tribal aquifers.
Presentation to Southern Ute tribal
council on proposed Indian
primacy regulations. Continued
discussions with Wind River Tribes
regarding primacv.
Coordinate with regions and tribes
on Navajo and Ute Mountain on
program development. This is a
current major work effort.
Developing a strategy to identify
and set priorities for Class 5 wells
on Reaion 8 Indian lands.
Review of surrounding states' and
Navajo Nation's UIC files. Conduct
field inspections for wells targeted
for priority attention. Data obtained
from inventory will be added to the
database.
Assist HQ to finish rulemaking for
UIC. Advise tribes on primacy.
Work with Colvillc Tribes on
inventorv of wells.
                        20

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

        OFFICE OF WATER SAFE DRINKING WATER PROGRAMS - PWSS
PROGRAM   ($000)   WORK
HEADING    FUNDING YEARS   TYPE
PROGRAM
DESCRIPTION
Region 2


Region 4
Region 5




$10.0




$5.0
$37.5
$1.5

0.10
0.30
0.30
0.40
0.25

0.50
0.02
0.10
T/A
T/A
D/I
D/I
D/I
D/I
T/A
Outreach
D/I
Through grant money from the
ODW, Region 2 has provided funds
for PWSS monitoring, testing and
training of tribal staff from the
Seneca and St. Regis Mohawk
Nations.
Direct technical assistance to the
two tribes on their Public Water
Suoplv (PWSX
Administration for primacy of the
new Indian amendments of the
SDWA for the two tribes.
Sanitary surveys of all drinking
water systems on reservations and
took appropriate enforcement
actions. Prepared to sample VOCs in
these systems, including vulnera-
bility assessments. Attended IHS
area office seminar and Miccosukee
Health Fair to present information
about drinkins water.
Sanitary surveys are conducted at
public water supply systems by
Region 5 staff and the MRWA
Circuit Rider. Radiological and
inoreanic chemicals are collected.
Contract labs to analyze samples
from the sanitary surveys.
Additionally, 51 PWSSs have been
targeted for Radium 226-228
analyses. Results available in the
4th OTR. FY 89.
Direct technical assistance to 29
reservations. Grant to MRWA.
Circuit Rider is provided as is
technical assistance related to
operation and maintenance of
community svstems.
Outreach activities include the
publication of Community Water
Systems O&M Serviceiinc and
organization of Safe Drinking
Water Act workshops.
Provide assistance to tribes
allowing them to meet the lead
public notice requirements.
Correspondence, phone contact and
news media outreach activities.
                        21

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

        OFFICE OF WATER SAFE DRINKING WATER PROGRAMS - PWSS
PROGRAM
HEADING
(SOOO)
FUNDING
WORK
YEARS
TYPE
PROGRAM
DESCRIPTION
Region 5
Con't)

Region 6




Region 7


$0.6
519.5
$33.0

$17.0

$8.3
SI. 2
0.02
0.01
0.50
0.20
0.10
0.20
0.10
0.20
0.20
Outreach
T/A
D/I
D/I
Outreach
T/A
T/A
T/A
T/A
Representative spent 2.5 weeks at
HQ finalizing PWS/UIC primacy
regulation on Indian lands.
Quality Assurance Section provided
T/A to the Minnesota Chippewa
Tribe in developing its
laboratory capability to meet EPA
certification for nitrates and
microbiological analvses.
Implementation of drinking water
regulations on Apache and Pueblo
lands in New Mexico. Funding is for
laboratory analysis of samples
required by SDWA. Workyears are
expended on compliance activities.
Volatile organic chemical (VOC)
survey of all Apache and Pueblo
public water supply wells in New
Mexico. (Technical Support Division
supplied laboratorv resources.')
Assistance provided as part of EPA
participation in Indian training
sessions (update of EPA rcgs, oiher
technical information.)
Through an interagency agreement
with IHS, training is provided for
water operators to ensure
compliance with SDWA. Assistance
is also provided to help tribes form
utility authorities that will develop
ordinances, fee systems, and to help
tribes cope with operator turnover
situations.
Assistance provided to tribes for
issuance of lead public notice
required bv SDWA Amendments.
Interagency Agreement (IAG) wiih
Indian Health Service Aberdeen
Area (IHS). IHS/EPA will jointly
sponsor advanced operator training
and basic on-sitc operator
training.
IAG with IHS to jointly sponsor the
second year of a water distribution
pilot study on the Winncbago
Reservation.
                        9 9

-------
             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

        OFFICE OF WATER SAFE DRINKING WATER PROGRAMS - PWSS
PROGRAM   ($000)   WORK
HEADING    FUNDING YEARS  TYPE
PROGRAM
DESCRIPTION
Region 7
(Con't)



Region 8


S3.5
$4.0
S7.0

$35.0
S5.0

0.20
0.25
0.15
0.05


0.50
T/A
D/I
T/A
D/I
T/A
T/A
D/I
IAG with IHS and Region 7 EPA to
sponsor a lead detection program
on Indian Lands; a VOC sampling
program, and produce a videotape
on public notification.
Indian Lands Coordinator will visit
tribal PWSs and discuss compliance
with the SDWA, perform
inspections, and meet with IHS and
BIA staffs and attend Indian
workgroup meetines.
Grants to Iowa Rural Water Assn.,
Kansas Dept. of Health and
Environment, and Nebraska Dept. of
Health to provide T/A to tribal PWS
operators, data input assistance to
the region, and assist in sanitary
survevs, etc.
EPA staff perform sanitary surveys
on Indian lands in Region 7 to
document facility conditions,
discover technical assistance needs
and to update inventories.
O&M training for Indian water
system operators through the
AWWA of South Dakota using a
trainer to travel to the reservations
to give hands-on training. Indian
utility personnel and IHS have ex-
pressed appreciation for this
trainer and his assistance.
Continue SDWA training to tribal
council members and utility
managers through IAG with IHS.
Direct implementation activities
including tracking and monitoring
of and compliance by water systems
with national drinking water
regulations and some technical
assistance and sanitary surveys.
There has been little enforcement
activitv to date.
                       23

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

        OFFICE OF WATER SAFE DRINKING WATER PROGRAMS - PWSS
PROGRAM
HEADING
($000)   WORK
FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
Region 8
(Con't)


Region 9



$10.0
$2.0

$ 15.0
$50.0




0.05




T/A
T/A
D/I
T/A
T/A
T/A
D/I
Year-end grant to Linn-Benton
Community College to provide
training for MT and WY tribes.
Training will address efficient
operation of drinking water facili-
ties and operator certification.
Training coordinated with IHS.
Year-end grant to Colorado Rural
Water Association to provide O&M
training to Colorado tribes.
EPA staff performed sanitary
surveys on Indian lands in Region 8
to document facility conditions,
discover technical assistance needs
and to update inventories.
Grant to Tohono O'Odham for costs
associated with tribal assistance to
EPA in implementing portions of
the PWSS program. Tribal assistance
consists mainly of field surveys and
case-by-case follow-up of reported
violations.
Grant to Navajo Tribe for costs
associated with tribal assistance to
EPA in implementing portions of
the PWSS program. Tribal assistance
consists mainly of field surveys,
case-by-case follow-up on reported
violations and system visits to
promote O&M.
Continuation of an IAG with the
Tuscon area IHS to fund water
system operator training programs
and to prepare site-specific O&M
manuals. (Funded in FY 87, but the
project continues in FY 88 with no
additional funding.)
Region 9 staff perform sanitary
surveys in NV, AZ, CA, and on ihe
Navajo reservation (AZ, NM, and
UT). These surveys arc in addition to
those done bv IHS.
                        24

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

        OFFICE OF WATER SAFE DRINKING WATER PROGRAMS - PWSS
PROGRAM
HEADING
(SOOO)   WORK
FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
Region 9
(Con't)





$10.0
$20. 0



$10.0






T/A
T/A
T/A
D/I
T/A
T/A
Grant to SCTCA for training in
efficient operation of tribal utility.
Course materials will be a training
module developed with EPA
funding. After the course, SCTCA
will work with. 6 tribes to form an
O&M utility district to handle the
O&M and administrative needs of
the tribes' water svstems.
Continuation of an IAG with the
Pheonix area IHS to fund training
programs for water system opera-
tors and utility organizations on
reservations in NV and AZ. This
training will include both full
courses and workshops on specific
subjects.
Region 9 Indian Lands PWSS Team
is continuing to provide T/A in a
special project on the Colorado
River Indian Tribes' reservation in
Arizona, addressing pesticide
contamination of eroundwatcr.
Logging and tracking results of
monitoring reports from some 450
PWSSs located on Region 9 Indian
lands. This data is used to determine
compliance, write annual reports,
send Out monthly summaries to IHS,
inform operators of violations, and
follow up with necessary
enforcement action including
posting public notice and issuing of
emergency administrative orders
when necessarv.
Continuation of IAG with Navajo
area of IHS to produce system
specific O&M manuals. (This was
funded in FY 87-S45KV
Continue IAG with IHS California
Area Office to conduct operator
training courses in California.
                        25

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

        OFFICE OF WATER SAFE DRINKING WATER PROGRAMS - PWSS
PROGRAM   ($000)   WORK
HEADING    FUNDING YEARS   TYPE
PROGRAM
DESCRIPTION
Region 9
;Con't)







$3.5

$6.5

SO. 2

$20.0









T/A
T/A
T/A
T/A
T/A
T/A
T/A
T/A
Contract with consultant to assist
the development of an application
to HUD for CDBG funds. Resulted in
Stewart's Point Rancheria recei-
ving $400K in grant funds for
structural improvements to water
svstem.
Work with county board of
supervisors to include Indian water
system project in its request for
CDBG funds.
IAG with California IMS Area Office
for the development of as-built
drawings for water systems that
will be part of the reservation
utility district in Southern
California.
Developed agreement with HUD
whereby EPA concurrence must be
obtained before awarding CDBG
funds for water svstem projects.
Developed flier thai tribes used to
meet the lead public notice
requirements. 3,500 notices were
distributed in California.
Compliance certificates issued to
those systems which met all of the
bacteriological sampling and MCL
requirements for the vear.
IAG with California IHS Area Office
to fund a position for an O&M
coordinator, who will assist in the
development and implementation ol
training programs for water system
operators in California.
Continuation of an IAG with the
California IHS Area Office for an
O&M advocate position. This person
travels to the widely scattered and
remote rancherias and reservations
of Northern California to train
operators at their water systems.
This technician has been very well
received thus far. In FY 88 the IHS
picked up salary costs for the
technician.
                       26

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

        OFFICE OF WATER SAFE DRINKING WATER PROGRAMS - PVVSS
PROGRAM
HEADING
(SOOO)   WORK
FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
Region 9
(Con't)
Region 10





HQ

$26.0
$1.0


$39. 0

$5.0
4.0
(For ail
PWSS
projects


0.50
0.02
0.01
0.03
0.50
D/I
noted)
T/A
T/A
D/I
Outreach
T/A
Outreach
Outreach
Direct implementation of SDWA on
Indian lands including
administration of grants, lab
suppprt. and supervision.
IAG with IHS to provide sanitary
survevs and operator training.
Shipping costs for water samples.
PWSS supervision and sampling
PWSSs for inoreanics.
Determine status/needs of Kalispell
PWSS.
Determine training needs and
develop Indian operator training
prosram with IHS.
Assist in developing Indian prim-
acv regulations.
Development of regulations to treat
Indian tribes as states; provide
financial assistance to eligible
Indian tribes; primacy for Indian
tribes.
                       27

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

               OFFICE OF WATER GROUND WATER PROGRAMS
PROGRAM
HEADING
($000)   WORK
FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
Region 5

Region 6

Region 8

Region 10
$25.0


S20.0
535. 0


0.50
0.01
0.05
0.05
0.30

0.15
T/A
T/A
Outreach
F/A
F/A
T/A
Outreach
Completed Vulnerability Assessmeni
June 1, 1988. Assessment includes:
* Potential contamination
source inventory.
* Well logs, and
* Tribal program assessment.
This information was collected for
all PWS well fields. It will be used
to rank tribes for future Wellhead
funding and assistance.
Reviewed SSA petition for
completeness. Conference call with
tribe to discuss need for additional
information. Coordinated with
USGS in MN to supply hydrogeologic
information.
Advise tribes/pueblos of the EPA
Groundwater Protection Strategy,
the Sole Source Aquifer programs,
the Wellhead Protection program,
and that groundwater protection is
an eligible activity for CWA Section
106 Water Pollution Grams.
Investigating the potential for a
pilot Wellhead Protection program
on Indian lands.
Grant to the Turtle Mountain
Reservation to build a technically
sound, risk-based environmental
information system to use for
developing priorities for pollution
reduction and prevention.
(Funding provided by HQ Office of
Policv. Plannine and Evaluation).
T/A through CERT technical
assistance contract for drilling
monitoring wells. Region 8
provided well sampling analysis as
well as oversight. (S10K reported in
FY 87, actual work occurred in FY
88.)
Advise tribes on Sole Source
Aquifer/ Wellhead Protection
Programs and general ground-
water issues.
                       28

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
              OFFICE OF WATER GROUND WATER PROGRAMS
PROGRAM   (5000)   WORK
HEADING    FUNDING YEARS   TYPE
PROGRAM
DESCRIPTION
Region 10
(Con't)



0.02
0.10
T/A
D/I
Technical assistance to the Spokane
Tribe for the Dawn Mine Mill Site.
Meetings with Tulalip Tribe con-
cerning the Tulalip Sole Source
Aquifer.
                       29

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               EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

               THE OFFICE OF PESTICIDES AND TOXTC SUBSTANCES
   The basic  authorities  for  the  Pesticides and  Toxic Substances  Control
Programs  are  the Federal Insecticide,  Fungicide,  and Rodenticide  Act (FIFRA),
the  Federal Food,  Drug and Cosmetic Act (FFDCA), the Toxic Substances  Control
Act (TSCA),  the Asbestos Hazard Emergency Response Act (AHERA),  the
Asbestos Schools  Hazard Abatement Act  (ASHAA), and  the  Superfund
Amendments  and  Reauthorization  Act  (SARA).

   Each statute  recognizes  the  need  for  protecting  human  health  and  the
environment   from  harmful   chemicals.

   Toxic  substances programs  under ASHAA and  AHERA 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  are
identified, assessed, and managed  under TSCA  and sections of  SARA.  This broad
coverage enables  EPA  to take  a variety  of regulatory actions  which  impact on
the  manufacture,  distribution  in  commerce,  processing,  use,  or disposal  of
chemical substances for  the public good. To date,  the states  and EPA have
collectively  focused  on achieving  environmental  results  through  federal
assistance  (e.g.,  asbestos abatement  grants)  and  outreach  (e.g.,  training,
seminars,  etc.).

     Description  of technical  and  financial assistance  programs  available  from
the  Office of Pesticides  and  Toxic  Substances as  stated in  the Office of
Management and Budget's 1987  Catalog  of Federal Domestic  Assistance are:
PROGRAM DESCRIPTION
66.700 PESTICIDES
ENFORCEMENT
PROGRAM
66.702 ASBESTOS HAZARDS
ABATEMENT (SCHOOLS)
ASSISTANCE
FINANCIAL
*
*
NON-FINANCIAL

                             30

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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88




  OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
PROGRAM (SOOO) WORK PROGRAM
HEADING FUNDING YF.ARS TYPE DESCRIPTION
Region 5

Region 6
Region 8



Region 9

$39.0


$171.5



$63.0
$160.0


0.20

0.20
0.30
0.83
0.25
0.50
F/A
Outreach
T/A
T/A
F/A
T/A
T/A
D/I
F/A
F/A
T/A
Asbestos abatement of pipe and
boiler wrap in school buildings.
(Oneida and Mille Lac Band of
J^hippewa.")
School asbestos inspection, assess-
ment and management of buildings.
(AHERA regulations for schools. 1
Coordination and oversight of
grant awarded by HQ to BIA to
administer and subsidize the
asbestos inspection and manage-
ment plan development program
under AHERA for all Indian schools
in the U.S.
There are five Pesticide Coopera-
tive Enforcement Agreements
active in the region with the
Cheyenne River, Lower Brule, Pine
Ridge Oglala and Rosebud Sioux
Tribes and Three Affiliated Tribes
at Ft. Berthold. They provide.-, for
pesticide enforcement of FIFRA
and tribal pesticide ordinances.
Inspector training, program
information, joint enforcement if
requested.
Program oversight, pesticide use,
and technical assistance. Efforts arc
underway to achieve
tribal/state/EPA coordination.
Enforcement training involves
pesticide problem identification.
Pesticide enforcement on several
reservations.
Grant to Navajo Nation to enable the
tribe to enforce FIFRA and conduct
a pesticide outreach program on the
reservation.
Grant to Inter-Tribal Council of
Arizona on pesticide issues
including enforcement of FIFRA
and tribal pesticide ordinances, and
to provide technical assistance.
Tribes which are included in this
effort are Gila River, Cocopah,
Quechan, Colorado River, Salt Rivcr-
Pima Maricopa, Ft. Mohave, Ale-Chin
and Tohono O'Odham.
            3 1

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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88




  OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
PROGRAM ($000) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
Region 10

HQ-
ASHAA
*Region 6
*Region 7
*Region 8

HQ-
AIMPAP

$18.0

5113.7
$40.878
$33.097
$39.777

$1000.0


0.20




F/A
D/I
F/A
Outreach
F/A
Outreach
Pesticide enforcement grant to
Shoshone-Bannock Tribes to assist
in development of pesticide use and
certification code, and training of a
tribal inspector.
Working with Shoshone-Bannock
Tribes in pesticides enforcement,
code develpment, training, disposal
policies, safety programs, and in
develpment of IAG
Under the ASHAA, the EPA provides
financial assistance in the form of
grants to BIA schools for abatement
of asbestos hazards in school
buildings. In FY 88, EPA offered
grants for 17 new BIA asbestos
abatement projects in the north-
central and southwestern United
States.
HQ personnel met with BIA officials
regarding the ASHAA loan and
grant program and assisted the
Bureau in updating their
applications.
Under the Asbestos Inspection and
Management Plan Assistance
Program, EPA provides financial
assistance (in the form of grants) 10
BIA schools to help defray the cost
of complying with the Inspection
and Management Plan require-
ments of AHERA. The grant was
awarded directly to BIA, which will
develop an award strategy for their
schools.
HQ personnel met with BIA officials
to discuss the application require-
ments. HQ and regional personnel
worked directly with BIA to ensure
that all selection criteria were
addressed.
            32

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                EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

             THE OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
   The programs  administered by  the  Office  of Solid Waste  and Emergency
Response  (OSWER) are  authorized by  the  Resource  Conservation  and  Recovery
Act (RCRA), as amended by  the Hazardous  and Solid  Waste Amendments of 1984
(HSWA);  and  the Comprehensive  Environmental  Response,  Compensation,  and
Liability Act (CERCLA), as  amended by the  Superfund  Amendments and
Reauthorization Act of 1986  (SARA).

   EPA's  goal  in  these  areas is to protect human health  and  the  environment
by  addressing  hazardous  substance emergencies  and  to  address  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 local  capabilities  for preventing  and
responding  to  chemical  accidents  and  emergencies.

   In FY 1988, the Office  of Solid Waste's  (OSW) greatest challenge in
implementing the  EPA Indian Policy has  involved developing  a  policy  on
implementation  of  the  Subtitle D  Solid  Waste Management  Program  on Indian
lands. Toward this  end,  OSW  has been  working with the Office of Federal
Activities (OFA) and the  Office of  General Counsel  (OGC) to develop a  policy
regarding  implementation  of  the  Solid  Waste Management  program  on Indian
lands. OSW is  working with  OFA  to create  a paper outlining the issues  and
making  recommendations  for solutions.

   OSW has  also included  recommendations  regarding  solid  waste management
on Indian  lands in its Report to Congress  on  Subtitle D.  Recommendations
included:  (1)  a change  to  the  statutory  definition  of Indian  tribes,  currently
included under the  municipality  definition,  to  treat  tribes  as  states  similar  to
the way tribes  are treated  under the Safe  Drinking Water  Act, and  (2)
encouragement  of  greater  communication   and  coordination  among  the EPA.
the Indian  Health  Service (IHS),  the  Bureau of  Indian  Affairs  (BIA),  and  the
Department  of  Housing and  Urban  Development (HUD).  OSW  is working with
OFA, IHS,  BIA and  HUD  to develop  an Imeragency  Agreement  regarding
respective  roles and   funding  to  implement solid  waste  management  on  Indian
lands.

   The  Office  of  Underground Storage  Tanks  (UST) has  developed  the  UST
Program  Indian Lands  Strategy for  FY  1988 and  FY  1989  and  Guidance  for
Regional Pilot Projects. The  focus of this strategy  is to assess  the  extent  of  UST-
related  human  health   and  environmental  problems  on  Indian  lands  by
conducting  pilot projects  in  Regions 8  and  9.  The  objectives of the pilot
projects are to maximize the  involvement of  tribes in all  activities;  to  provide
compliance  assistance,  education,  and outreach  to  owners  and  operators  of UST
systems on  Indian  lands;  to  assess   the  extent  of the  problem (i.e., data
collection  on number,   location,  and types  of  UST systems);  to identify
opportunities  for  Indian-run   regulatory   and   response  programs;  to   identify
potential problems  (i.e.,  leaking and  abandoned  USTs);  to oversee responsible
party  financed  response;  and to  promote  the  involvement  of  other agencies
and  organizations.

                             33

-------
   In  implementing the CERCLA  program  on Indian lands,  EPA  will continue
into  FY  1989 and  beyond  a  program of  interacting  with  tribes.  A program  of
informing tribes  about  how to have  hazardous  waste sites  included  on  the
CERCLIS survey has  already  been initiated.  This  program  will  increase in
activity in  FY  1988.  In addition,  OSWER staff began the  process  of  developing
guidelines  for  implementing  SARA  Title III on  Indian  reservations. These
guidelines  assess  hazardous   materials  emergency  response  planning  on
reservation   lands.
   Descriptions of  technical  and  financial  assistance  programs  available  from
the  Office  of  Solid Waste  and Emergency Response as stated  in  the Office of
Management and Budget's  1987  Catalog  of Domestic  Assistance are:
PROGRAM DESCRIPTION
66.801 HAZARDOUS WASTE
MANAGEMENT
STATE PROGRAM SUPPORT
66.802 HAZARDOUS SUBSTANCE
RESPONSE TRUST FUND
66.805 UNDERGROUND STORAGE
TANKS PROGRAM
FINANCIAL
*
*
*
NON-FINANCIAL
*
                             34

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        EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88




OFFICE OF SOLID WASTE AND EiVfERGENCY RESPONSE RCRA PROGRAMS
PROGRAM ($000) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
Region 5




S30.Q


0.20
0.20
0.10
0.05
T/A
F/A
D/I
T/A
F/A
Menominee Pilot Project. Developed
solid waste rules and groundwater
rules. Tribe continues to develop
surface water rules. Revised
hazardous waste rules to allow for
sitting TSDs and to be more consis-
tent with state regulations. A grant
was given to the Menominee Tribe
(FY 88 with carry-over from FY 87)
for implementation activities for
new rules.
OSW funds for CERT T/A to develop
three generic solid waste plans (one
each for tribes within MI, MN, and
WS). Each plan will be unique and
reflect the trends in solid waste
management for each state, to
facilitate tribal/state coordination.
A training plan is being developed
by the University of Wisconsin-
Extension to provide the tribes with
information on solid waste manage-
ment. It will be provided to tribal
representatives and IHS personnel
and will cover basic solid waste
issues, alternatives, decision
making, and regulatory develop-
ment. Training would be in late FY
88 or earlv FY 89 (Oct).
Funds are being sought to provide
demonstration grants on reser-
vations. Three areas are being
investigated for potential funding.
The Winnebago Tribe is proposing
to establish a prepaid waste disposal
system. The Flambeau Tribe
proposal is for a transfer station.
The Stockbridge/Munsee Tribe is
seeking funding to establish
several collection points for waste
disposal. The tribe has entered into
a cooperative agreement with the
counties for disposal at a regional
landfill. These demonstration
grants would be funded by all
agencies in the 5-agency MOU in a
cooperative effort.
                   35

-------
        EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88




OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE RCRA PROGRAMS
PROGRAM ($000) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
Region 5
(Con't)
Region 6


Region 8







S3.0


$20.0

0.01
0.04
0.02
0.10
0.10
0.05
0.10

Outreach
Outreach
D/I
Outreach
Outreach
D/I
T/A
An MOU among USEPA, BIA, IMS,
HUD, and USGS was signed by all
agencies to promote interagency
cooperation in developing
environmental protection on
Indian lands.
Presented speech and gave
handouts to Indian tribal repre-
sentatives on the new municipal
solid waste landfill criteria under
the Asencv's Subtitle D initiative.
OSWER Indian Workshop in
Albuquerque to inform tribes of
proposed regulations, LUST Trust
Fund, and Indian Lands Pilot
Projects (Regions 8 & 9). Also had a
regional seminar to inform tribes
of UST program strategies.
Investigate voluntary compliance
program under UST with tribal
governments.
Site investigation of a leaking
underground storage tank and
incidental trainina.
Overall solid waste coordination on
Indian lands including program
oversight, technical assistance,
program information, and com-
pliance statistics. Coordination
activities always include involve-
ment, cooperation and assistance
from IHS, BIA, HUD, and individual
states.
Inspected Turtle Mtn. reservation
landfill and manufacturing com-
pany. Uncovered RCRA (hazardous
waste) violations at company.
Turned over report for enforce-
ment action.
OSW and regional funds for CERT to
develop solid waste plan and
acquire Block Grant ($100,000)
from Sioux County, ND, for con-
struction of a landfill at Ft. Yatcs
                   36

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        EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88




OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE RCRA PROGRAMS
PROGRAM ($000) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
Region 8
;Con't)


Region 9




Region 10



$9.5











0.05
0.16
0.10
0.10
0.10
0.50
0.06
0.03
0.05
0.30
0.20
0.05
T/A
T/A
T/A
T/A
T/A
D/I
T/A
T/A
Outreach
Outreach
T/A
D/I
Regional funds to evaluate landfill
site on Blackfeet Reservation plus
development of landfill operation
plan.
Pilot project for tank inventory and
UST training.
T/A through CERT to develop solid
waste ordinance for Uintah & Ouray
Tribe plus look for surplus GSA solid
waste equipment. Develop MOU
with Uintah Countv & Tribe.
IAG with IHS in Arizona to fund a
one year pilot project for a circuit
rider to assess the extent of UST
related human health and environ-
mental problems on Indian lands.
Oversee responsible party search
and preliminary site assessment for
release of UST at Tuba City and Gib
River in AZ.
Hazardous waste inspections,
compliance and RCRA
enforcement actions on Indian
lands:
* 18 inspections to identify
non-noti ficrs.
* two final 3008(a) consent
orders.
* one 3008(c) complaint.
Response to oral and written
inquiries regarding applicability
of Subtitle D on Indian lands.
Subtitle D inspection on Indian
reservation in Arizona.
Respond to inquiries regarding ihc
applicability of RCRA Subtitle D
(solid waste) on Indian lands.
Provision of UST information on
regulations, technical guidance,
etc. Development of Indian straicsiv.
Provide oversight of Warm Springs
Reservation tank cleanup.
National workgroup attendance:
development of Indian project
proposal for UST assistance.
                   37

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

     OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE RCRA PROGRAMS
PROGRAM   ($000)   WORK
HEADING    FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
Region 10
(Con't)


HQ









$50.0

$50.0
0.05
0.60
0.05
0.10
0.10

0.10

D/I
D/I
D/I
D/I
D/I
D/I
T/A
D/I
Manage Indian land notification
data base.
Compliance and permitting ac-
tivities at RCRA facilities on reser-
vations, primarily the Puvallup.
Address jurisdictional issues on the
implementation of RCRA on
reservation land.
OUST has developed an "UST
Program Indian Lands Strategy for
FY 88 & FY 89 and Guidance for
Regional Pilot Projects".
OUST is developing a "Draft Interim
Guidance on Conducting Emergency
Federal Lead UST Corrective Actions-
for Petroleum Releases on Indian
Lands".
The OUST/Region 8 Indian Lands
Pilot Project is designed to assist in
determining the extent of UST-
related human health and
environmental problems on Indian
lands in Region 8.
Coordinate Indian program efforts
within OSW and with OFA. Examine
issue regarding implementation of
Subtitle D solid waste management
program on Indian lands. Co-
ordinate efforts among EPA, HUD,
DOT and BIA to determine Agency
responsibilities regarding solid
waste management on Indian
Lands. Work also includes coor-
dination with OGC to analyze options
and participate as Indian Work
Group Coordinator for OSW.
The OUST/Region 9 Indian Lands
Pilot Project is designed to assist in
determining the extent of UST-
rclated human health and
environmental problems on Indian
lands in Rceion 9.
                       38

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

     OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE RCRA PROGRAMS
PROGRAM
HEADING
(SOOO)   WORK
FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
HQ
(Con't)



0.10
0.01
Outreach
T/A
Participation in OSWER-wide
outreach program to inform tribes
of federal hazardous and solid waste
management programs and their
application to Indian lands.
National meetings were held in
Billings, MT, Albuquerque, NM, and
Duluth. MN.
Recommendations regarding
implementation of Subtitle D solid
waste management on Indian lands
in EPA report to Congress. Recom-
mendations included a statutory
definition change similar to that
made in the SDWA, and coordination
amonar EPA. HUD. IHS. and BIA.
                        39

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          EPA ACTIVTTTES ON INDIAN RESERVATIONS: FY 88




OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE TITLE III PROGRAMS
PROGRAM ($000) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
Region 1
Region 5
Region 9
Region 10

HQ
Prepared-
ness staff









$150.0
0.02

0.10
0.05
0.01
0.17
0.02
0.02
T/A
Outreach
T/A
Outreach
Outreach
Outreach
Outreach
F/A
With FEMA, conducted Title III
briefine with tribes.
Jan. 1988- attended 3 meetings with
Indian tribal leaders (Duluth,
Wausau, Sault Ste. Marie) and
presented information on the
requirements of Title III.
Title III outreach and
implementation including section
305(a) of SARA.
Title III outreach and implemen-
tation including section 305(a)
of SARA.
Met with Colville Tribes concerning
the community right-to-know
(Title III) program.
With OGC, developed draft Indian
policy for implementing Title III of
SARA. Distributed the National
Response Team's Emergency
Planning Guidebooks, Title III Fact
Sheet, and the draft Indian policy to
all federally-recognized tribes.
Presented overview of program at
three regional meetings and sought
tribe input from the meeting on
policy. Draft policy is intended to be
finalized this fiscal vear.
Review of HQ policy statements on
Title III. Coordination of regional
Title III Section 313 Coordinators
with Regional Indian Program Co-
ordinators or with tribes, as
appropriate.
Coordinated the development of
Federal Emergency Management
Agency policy on training grants to
Indian tribes. Cooperated with
FEMA in the awarding of these
grants.
                     40

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            EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
    OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE CERCLA PROGRAMS
PROGRAM
HEADING
(SOOO)
FUNDING
WORK
YEARS   TYPE
PROGRAM
DESCRIPTION
Region 2


Region 5



Region 6

$4.9






0.40
0.20
0.20
0.02
0.20


0.10
Outreach
D/I
D/I
D/I
D/I
T/A
T/A
Outreach
Region 2 Superfund staff and
Indian Coordinator have been
maintaining a close liaison with the
St. Regis Mohawk Tribe, as a
remedial investigation is completed
on the GM Central Foundry
Superfund site which borders on
the reservation.
Site investigations were conducted
for possible EPA removal actions on
Tuscarora Reservation and Seneca
Nation lands.
Emergency clean-up actions and
enforcement procedures for several
oil spills on the Tuscarora
Reservation and Seneca Nation
lands under Section 3l\(k).
Hazard ranking system package
prepared for Fort Howard Lagoons
on Oneida Reservation, WS. Site
proposed to NPL on Update #7 in
June FY 88.
Regional staff is conducting
preliminary assessments of sites
discovered during field survey in
FY 87. Site inspections will be
conducted durins FY 88 and FY 89.
July 26-27 Duluth. Presentation on 4
OSWER programs to a meeting of all
tribal leaders in the resion.
First Responders Courses (3) to
tribal fire departments and other
first responders. One course each
in Michigan, Wisconsin, and
Minnesota.
Meetings with Navajo Nation EPA
staff to discuss regional Superfund
proaram.
                       41

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         EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88




OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE CERCLA PROGRAMS
PROGRAM (SOOO) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
Region 6
(Con't)




















































































$0.2



0.10


0.32




























0.05



0.02

0.04


0.02



T/A


D/I




























D/I



D/I

T/A


D/I



Regional team developed and
provided Superfund training to
Navajo Nation EPA staff.
Superfund Indian Coordinator
developed pre-award review
questionnaire; reviewed Navajo
response to financial status review;
regional team performed pre-
award financial systems review of
Navajo Nation; team reviewed data
compiled during review; interim
findings prepared and forwarded to
Navajos for comment; final report.
Met with Regions 8 and 9 to discuss
Region 6 initiatives and develop-
ment of Navajo Superfund Program.
Meetings with OFA, OSWER, and
OERR to discuss Region 6 Superfund
Indian initiatives and resource
allocations. Development of
proposal for remote-sensing pilot
project for site discovery on Region
6 Indian lands. Development of a
proposal for the establishment and
funding of a Region 6 Inter-Tribal
Hazardous Waste Council. Meetings
with Navajo Nation Superfund
Office to negotiate Multi-Site Coop-
erative Agreement, Core Program
Cooperative Agreement, and
Superfund Memorandum of
Agreement.
Superfund staff comparative review
of CERT data, compiled as part of a
national study, and regional
CERCLIS data base.
Superfund staff review of Navajo
potential hazardous waste site list.
Development and presentation of
Superfund Program during Region
6 Indian Tribal Meeting.
Superfund staff participation in
public meeting for United Nuclear
site; provided a translator for
Navajo citizens impacted hv she.
                   42

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

    OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE CERCLA PROGRAMS
PROGRAM   ($000)   WORK
HEADING    FUNDING YEARS   TYPE
PROGRAM
DESCRIPTION
Region 6
(Con't)





Region 8


Region 9






S50.0
$2.0
$6.0

0.02
0.01
0.05
0.01
0.02
0.02
0.80
0.02
0.10

D/I
D/I
T/A
D/I
D/I
D/I
D/I
D/I
D/I

Community Relations Coordinator
meetings with Navajo EPA staff to
discuss Community Relations
activities and meeting with Navajo
citizens impacted by United
Creosoting site.
Superfund staff meeting with
Cherokee Nation and New Mexico
Pueblo Council to discuss Superfund
Program and potential pre-award
review prior to development of
Multi-Site Cooperative Agreement
and Core Program Cooperative
Agreement.
Superfund staff to provide
Superfund training to Cherokee
EPA and Pueblo Hazardous Waste
staffs.
Superfund Indian Coordinator
meeting with Quapaw Tribe
reeardins status of Tar Creek site.
Superfund staff meeting with New
Mexico Environmental
Improvement Division regarding
Prewitt Refining site on Navajo
lands.
Superfund Indian Coordinator
meetings with Regional Indian
Coordinator regarding proposed
Region 6 hazardous waste initiat-
ives and Indian Workshop.
Develop and carry out a site
discovery program under CERCLA
on all reeional Indian reservations.
Worked with Regions 6 and 9 on
development of a Superfund MOA
with the Navajo Nation. Continued
involvement with the Navajo
Nation.
Conduct of preliminary assessments
at two sites on Indian lands.
FIT is conducting a Screening Site
Inspection at the Pucrco River, also
on Navaio land.
                       43

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
    OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE CERCLA PROGRAMS
PROGRAM
HEADING
($000)   WORK
FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
Region 9
(Con't)
Region 10

HQ


$50.0


$85.0
$20.0

1.0
0.02
0.05
1.02
0.20
0.01
D/I
D/I
D/I
Outreach
D/I
Outreach
Outreach
A Listing Site Inspection is being
conducted by Region 9 Field
Investigation Team contractor at
Cameron-Gray Mtn. uranium mine
and tailings site on Navaho land.
Responding to concerns of the
Coeur D'Alene Tribe regarding the
impacts of the Bunker Hill
Superfund site.
Consulting with Puyallup Tribe
regarding Commencement Bay NPL
site; discussion included potential
tribal involvement in source con-
trol and habitat issues through
cooperative . agreements.
Design and begin development of
Indian identifiers in CERCLIS. Pre-
pare presentation and materials for
OSWER workshops for Indians;
provide representation for work-
shops; develop guidance for regions
on how to involve Indian tribal
governments in ihc Superfund
program; meet with Indians or
their representatives on how the
governing bodies of tribes can be
involved in Superfund and receive
Superfund assistance. Coordinate
Indian program activities with OFA.
Prepare and submit to Congress ihc
report required under section
126(c), discussing hazardous waste
sites on Indian lands.
Participate in meetings conducted
by national Indian organizations to
discuss the Superfund program and
Indian involvement.
                       44

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY R8

    OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE CERCLA PROGRAMS
PROGRAM
HEADING
(5000)   WORK
FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
HQ
(Con't)

1Q-OWPE
S30.0

Travel
only
0.5
0.25
0.05
Outreach
T/A
Outreach
T/A
Outreach
T/A
Develop a booklet discussing the
Superfund Program in general, and
the site discovery process
specifically, and distribute to all
Indian tribes.
Coordinate with regional offices in
the development and implemen-
tation of Superfund site discovery
pilot programs on Indian lands.
Indian lands environmental
training: a program to explain the
enforcement programs under RCRA
and CERCLA to tribal leaders and
other affected people (e.g., BIA and
IHS). The program also provides
assistance and guidance on the
development of tribal enforcement
programs.
                       45

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                EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

                       THE OFFICE OF EXTERNAL AFFAIRS

                           Office  of  Federal  Activilies

   Within  the  Office  of  External Affairs, the Office of Federal Activities (OFA)
is  responsible  for establishing  effective liaison  and  coordination  between  EPA
and  other  federal  agencies on  environmental  issues  and  for  working  with
those agencies  to  assure that  they carry out  their activities  in  an
environmentally  sound  manner;  for  assuring  that EPA's  programs  comply
with  the  goals  and  requirements  of  the National  Environmental Policy  Act
(NEPA)  and  related  environmental legislation; and   for  coordinating
implementation  of EPA's  programs  related to  protection  of  human health  and
the  environment  on   Indian reservations.  OFA's  programs are  multi-media in
nature  and consider  impacts  on   natural  resources  and  environmental  values,
as well as on  public  health.

   The objectives  of  EPA's Indian program  are  (1)  to  strengthen  EPA  program
coverage  on  Indian  reservations  in order  to  restore  and  protect
environmental  quality, and  (2)  to assist tribal governments  in  developing the
necessary   infrastructure  and  technical  skills   to  assure   maintenance   of
environmental  quality in  the  future.

   OFA's  program is directed to  coordinating  the Agency's  efforts in  working
to  ensure  that  EPA   programs can be   implemented on  Indian reservations.
These  efforts  include statutory  amendments,  regulatory  changes,  policy
statements, and  increased emphasis  on  Indian  needs  in  the  program  and  fiscal
planning processes, as  well  as communication  planning   that will  provide  for
consulting  with  and  making  information available  to  the  tribes  on EPA
program  and policy matters.   In  addition,  support and guidance  are  given  to
the  regions,  where Regional  Indian  Program   Coordinators serve  as  the
primary contact  for   the  tribes  and  oversee  regional  activities  with   Indian
tribal   governments.
                             46

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
                     OFFICE OF FEDERAL ACTIVITIES
PROGRAM   ($000)    WORK
HEADING   FUNDING YEARS   TYPE
PROGRAM
DESCRIPTION
Region 1

Region 2


Region 4


Region 5




$40.0





S60.0

$7.5
0.06
0.02
0.10
0.30
0.10
0.01
0.02
0.02
'0.15
1.0
0.25
Outreach
T/A
T/A
D/I
Outreach
Outreach
Outreach
Outreach
T/A
T/A
D/I
Indian Work Group calls and
meetings, mailings, and response to
information requests.
Under a CERT technical assistance
contract, a water quality
management plan for the Penobscot
Nation was developed.
Under the CERT technical assistance
contract, technical assistance is
provided to the St. Regis Mohawk
Tribe for water quality
management.
Overall Indian Policy coordination,
including development of a
Regional Indian Strategy, and
Indian Work Group participation.
In response to a request from the St.
Regis Mohawk Tribe, Region 2 is
developing a comprehensive
agreement to address the tribe's
environmental needs/concerns.
Participated in monthly conference
calls of Indian Work Group.
Participated in Indian Work Group
Meetinss.
Met with tribal representatives to
determine tribal environmental
needs and to offer technical
assistance.
Funded two SEE Indian Environ-
mental Liaisons, one each for MN
and MI tribes. They will serve as
multi-media liaisons between
tribes Region 5.
Continued the Interagency
Personnel Act agreement with the
Wisconsin Department of Natural
Resources to provide a circuit-
riding environmental consultant to
Wisconsin Tribes.
Under the National Network for
Environmental Policy a summer
intern was hired to study solid
waste problems on tribal lands.
                        47

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
                     OFFICE OF FEDERAL ACTIVITIES
PROGRAM   ($000)   WORK
HEADING   FUNDING YEARS   TYPE
PROGRAM
DESCRIPTION
Region 5
(Con't)








$15.0







$25.0
0.05
0.05
0.20
0.10
0.05
0.10
0.10
0.03
0.05
D/I
T/A
T/A
T/A
T/A

D/I

T/A
3 regional meetings with tribes to
discuss multi-media provisions of
EPA programs for tribes in MN, WI
and MI.
The region has participated in
NCAI, CERT, Office of Water and
OSWER national meetings, as
requested.
The region finalized a 5-agency
MOU with EPA, IHS, BIA HUD and the
U.S. Geological Survey. This multi-
media MOU provides for federal
agency cooperation and coor-
dination in regards to environ-
mental programs on Indian lands.
Quarterly meetinss are held.
Multi-media regional Indian
workgroup meetings are held
monthly, to coordinate EPA Indian
policy implementation in the
region.
Continued support 10 the develop-
ment of the Menomince national
pilot project.
Overall Indian policy coordination
at national and regional level, and
National Indian Work Group
participation.
Completed a joint environmental
inventory of tribal lands on all 29'
reservations in the region. This was
a cooperative effort by EPA, CERT
and GLIFWC. (S40K in FY 87 ).
Assisted tribes with remedial action
plans in cooperation with states and
other federal agencies for the
Oneida, Fond Du Lac and St. Regis
Mohawk tribes.
Under the CERT technical assistance
contract a regional strategy will be
developed for implementing the
EPA Indian Policv in Region 5.
                        48

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

                     OFFICE OF FEDERAL ACTIVITIES
PROGRAM
HEADING
(SOOO)
FUNDING
WORK
YEARS
TYPE
PROGRAM
DESCRIPTION
Region 5
(Con't)
Region 6


Region 7



Region 8

$5.0
$23.0
$41.0

$5.0



$30.0
$25.0
0.05
0.05

1.0

0.03
0.08
0.04


D/I
Outreach
T/A
Outreach
T/A
Outreach
Outreach
T/A
T/A
T/A
Regional training conference was
held for the Region 5 tribes. The
July conference was coordinated by
the Great Lakes Inter-Tribal
Council.
Spoke at EPA and ABA conferences
on Indians and the environment;
co-host two-day tribal meeting in
Region 6. Training in Indian
sensitivity and Institute scholar on
Indian lands.
Under the CERT technical assistance
contract assisted the Cherokee
Nation to assess solid waste issues
and develop a management plan.
Overall Indian programs coordi-
nation in Region 6, including
providing consultation to tribes,
participating in the national Indian
Work Group, and implementing the
Indian Policv at the regional level.
Training for tribes conducted by
Indian Health Service.
Attended Indian Work Group
Meetines.
Reservation visits/meetings with
tribal leaders.
Coordination meetinss with IHS.
Funds set aside to hire a Senior
Environmental Employee to work
with the tribes in North and South
Dakota on establishing their
environmental programs.
As part of the CERT interagcncy
technical assistance contract, work-
was begun on a comprehensive
environmental needs assessment on
all reservations in Region 8, to be
supplemented with a training
session on EPA program^ for all
tribes.
                        49

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
                     OFFICE OF FEDERAL ACTIVITIES
PROGRAM   (SOOO)    WORK
HEADING   FUNDING YEARS   TYPE
PROGRAM
DESCRIPTION
Region 8
(Con't)



Region 9



$15.0
$5.0


$37.0
$20.0





1.20


0.05
0.75
F/A
F/A
T/A
D/I
D/I
F/A
D/I
D/I
Grant to CERT to complete a prior
effort begun to conduct a
reservation-by-reservation
environmental needs assessment
covering all media programs,
assisting tribes with setting a
priority list of their
environmental problems.
Grant to CERT to co-sponsor a tribal
environmental conference
focusing on training tribal
environmental staff on new EPA
regulations.
Senior Environmental Employee
hired by the Montana Operations
Office to work with the tribes in
Montana (FY 87 funding).
Overall Indian programs coord-
ination in Region 8, including
providing consultation to tribes,
chairing regional Indian
workgroup, participating in the
national Indian Work Group, and
implementing the Indian policy at
the regional level and in the
Montana Operations Office.
SEE employee to perform as Indian
Environmental Liaison to work with
reservations along the Lower
Colorado River in California and
Arizona. To assist tribes particularly
with regard to environmental
issues pertaining to federal
requirements of CWA, SDWA, and
Superfund Amendments.
Grant to the Gila River Community
to establish a pilot program to
develop and manage a water
resource department, including
training and* data evaluation.
Review of draft environmental
assessment for proposed asbestos
monofill project on Cortina
Rancheri a.
Overall Indian program coordina-
tion and Indian Work Group partici-
pation.
                        50

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

                     OFFICE OF FEDERAL ACTIVITIES
PROGRAM   (SOOO)   WORK
HEADING   FUNDING YEARS   TYPE
PROGRAM
DESCRIPTION
Region 9
(Con't)


Region 10







$25.0
$5.0

$30.0
$25.0
$13.7
$6.3


0.15
0.02

1.2
0.01



0.04
0.05
Outreach
T/A
F/A
D/I
T/A
F/A
F/A
F/A
Outreach
Outreach
General liaison with tribal leaders
and tribal organizations on broad
issues; general mailings and
informing tribes regarding agency
activities, seeking tribal input.
Solicit project proposals from tribes
for CERT funding. Review and select
project for funding. Monitor and
evaluate selected projects.
Provide funds to support Tohono
O'Odham Tribe's Outreach Program.
Includes the tribe's PWSS program
staffs visit to 22 reservation
villages to discuss public water
supplies and the relationship and
potential impact of solid waste and
wastewater facilities on the
groundwater sources of drinking
water.
Overall Indian Policy coordination
activities, participation on national
Indian Work Group, participation
in OW and NCAI national meetings,
and general liaison with tribal
leaders and tribal organizations on
environmental issues.
Funded an SEE Indian Environ-
mental Liaison to work with the
Yakima Indian Nation.
Funding for Council of Energy
Resource Tribes technical
assistance to the Umatilla Tribe.
CWA Section 104(b)(3) grant to the
Lummi Tribe for additional work on
a shellfish protection plan.
CWA Section 104(b)(3) grant to the
Suquamish Tribe to study water
quality of Miller Bav.
EPA Oregon Operations Office
conducted a series of general
meetings with the Umatilla tribe
covering all EPA programs, EPA-
Indian Policv and fundins issues.
Provide information to (he Makali
Tribe regarding the Air Force
Station closure concerns.
                        51

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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
        OFFICE OF FEDERAL ACTIVITIES
PROGRAM (SOOO) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
Region 10
; Con't)

HQ








$15.0
$1.5
$0.8
$40.0
$20.0
$6.0

0.30
0.01




0.7
0.25
2.4
D/I
Outreach
D/I
D/I
D/I
Outreach
D/I
D/I

Grant administration work with the
Lummi, Colville, and Suquamish
Tribes.
Regional participation in Indian
Health Service annual
Environmental Health Meeting and
the National Indian Health Board
Conference in Seattle.
Preliminary study on existing
information management systems
and the need for a data base/ infor-
mation system for reservation en-
vironmental conditions and
programs.
Logistical support to the OSWER
regional information meetings with
tribes.
Logistical support to the Indian
Work Group.
Training associated with the Hand-
book on EPA Programs developed by
NCAI with a Ford Foundation 2rant.
A senior environmental
employment program professional
to assist in the Indian program.
Under the National Network for
Environmental Policy, a summer
intern was hired to study solid
waste issues.
Oversight of Agency's Indian Policy
Implementation.
           52

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             EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

        OFFICE OF GENERAL COUNSEL/ OFFICE OF REGTONAL COUNSEL
PROGRAM   (SOOO)   WORK
HEADING    FUNDING YEARS   TYPE
PROGRAM
DESCRIPTION
Region 1
Region 4
Region 5
Region 6
Region 8
Region 9
Region 10







0.05
0.05
0.70
0.5
1.0
0.02
0.75
Outreach
D/I
D/I
D/I
D/I
D/I
D/I
Participate on Indian Attorney's
Work Group and general liaison.
Efforts include informal program
counseling, preparation of formal
opinions, litigation, drafting of
proposed legislative changes, and
participation in Indian Work Group
activities.
Providing legal counsel to program
offices; reviewing MOAs and tribal
regulations; reviewing EPA regu-
lations which affect tribes; parti-
cipating in regional and national
Indian workgroups; case-specific
counseling.
Providing legal counsel to program
offices; reviewing MOAs and tribal
regulations; reviewing EPA regu-
lations which affect tribes; parti-
cipate in national Indian work
sroups: case-specific counseline.
Review CAA. Legal research and
review on CAA 105 grants and TIPs.
CWA and SDWA implementation
issues and jurisdictional analyses.
Regulatory revision of environ-
mental statutes. Lead Region Indian
Attorney Workgroup, conference
calls, memos, and meetings. Review
Superfund lesal issues.
Efforts include informal program
counseling, preparation of formal
opinions, litigation, drafting of
proposed legislative changes, and
participation in Indian Work Group
activities.
Provide legal counsel to program
offices; review MOAs and tribal
regulations; review of EPA regula-
tions that affect tribes; lead and
participate in regional and
national Indian Work Groups,
including conference calls, mcmos
and meetings; draft and review
proposed changes to legislation;
and review litigation.
                       53

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    EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88




OFFICE OF GENERAL COUNSEL/ OFFICE OF REGIONAL COUNSEL
PROGRAM ($000) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
*2

1.20
D/I
Efforts include CWA-SDWA
regulation development; informal
program counseling and
preparation of formal opinions;
litigation; participation in Indian
Work Group activities.
               54

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            EPA REGIONAL INDIAN WORK GROUP COORDINATORS
ANNE FENN
INDIAN COORDINATOR
EPA REGION I .(PAG 2300)
JFK FEDERAL BUILDING
BOSTON MA 02203
617-565- 3395
FTS-8-835-3395
ROBERT HARGROVE
INDIAN COORDINATOR
EPA REGION II (2PM-E1)
26 FEDERAL PLAZA
NEW YORK NY 10278
212-264-1892
FTS-8-264-1892
ARTHUR L1NTON
INDIAN COORDINATOR
EPA REGION IV (EAB-4)
345 COURTLAND STREET NE
ATLANTA GA 30365
404-881-3776
FTS-8-257-3776
CASEY AMBUTAS
INDIAN COORDINATOR
EPA REGION V (5ME14)
230 SOUTH DEARBORN ST
CHICAGO IL 60604
312-353-1394
FTS-8-353-1394
ERNEST WOODS
INDIAN COORDINATOR
EPA REGION VI (6E-FF)
1445 ROSS AVENUE
DALLAS TX 75202.
214-655-2260
FTS-8-255-2260
MICHAEL BRONOWSKI
INDIAN COORDINATOR
EPA REGION VII
762 MINNESOTA AVENUE
KANSAS CITY KS 66101
913-236-2823
FTS-8-757-2823
SADIE HOSKffi
INDIAN COORDINATOR
EPA REGION VIII (80EA)
999 18TH STREET
DENVER CO 80202
303-.294-7596
FTS-8-  564-7596
ROCCENALAWATCH
INDIAN COORDINATOR
EPA REGION IX (E-4)
215 FREMONT STREET
SAN FRANCISCO CA 94105
415-974-8323
FTS-8-454-8323
GRETCHEN HAYSLIP
INDIAN COORDINATOR
EPA REGION X
1200 SIXTH AVENUE
SEATTLE WA 98101
206-442-8512
FTS-8-399-8512
MARTIN D. TOPPER. Ph.D.
NATIONAL INDIAN
PROGRAM COORDINATOR
U.S. EPA
401 M STREET SW
WASHINGTON, DC 20460
202-382-7063
FTS-8-382-7063
                           -55-

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               EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88

                           GLOSSARY OF ACRONYMS



AARP =  American Association of Retired Persons

ABA  = American  Bar Association

AHERA = Asbestos Hazard  Emergency Response  Act

AIMPAC  = Asbestos  Inspection  and  Management  Plan  Assistance Program

AO = Administrative  Order

ASHAA = Asbestos School Hazard Abatement Act

AWWA =  American Water Works  Association

BIA = Bureau of  Indian Affairs

BLM  = Bureau of Land Management

CAA  = Clean Air Act

CDBG = .Community  Development  Block  Grant

CERCLA  = Comprehensive  Environmental  Response,  Compensation and  Liability
          Act

CERCLIS  = Comprehensive  Environmental  Response,  Compensation and
          Liability Information  System

CERT =  Council of Energy Resource Tribes

CWA  = Clean Water Act

DA = Direct  Implementation

F/A = Financial Assistance

FEMA =  Federal  Emergency  Management Agency

FIFRA =  Federal  Insecticide,  Fungicide,  and Rodenticide Act

FIT = Field  Investigation Team  (Superfund  Contractor)

FTS  = Federal Telephone System  (Federal  Communications Network)

FY =  Fiscal Year (October 1  - September  30)

GLIFWC  = Great Lakes Indian Fish and Wildlife Commission
                            56

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GSA  = General  Services Administration




HUD  = Department  of Housing and  Urban  Development




IAG  = Interagency  Agreement




IHS = Indian Health Service




K  = Thousand (Usually $)




LUST  = Leaking  Underground  Storage Tanks




MCL  = Maximum Contaminant  Level




MOA  = Memorandum  of Agreement




MOU  =  Memorandum  of Understanding




M/R  = Monitoring  Report



MRWA =. Minnesota Rural  Water Association




N/A = Not  Applicable




NCAI  =  National  Congress  of American  Indians




NNEPS =  National  Network for Environmental  Policy  Studies




NPDES =  National Pollutant Discharge Elimination System  (CWA)




NPL  = National  Priorities  List (Superfund)




OAR  = Office of  Air and Radiation




ODW  = Office of  Drinking Water (Within  OW)




OEA  = Office of  External Affairs




OERR = Office of Emergency and Remedial  Response  (Within  OSWER)




OFA = Office of  Federal  Activities  (Within OEA)




OGC  = Office of General  Council




O&M = Operation and Maintenance




OMPC = Office of Municipal Pollution Control (Within OW)




OPPE = Office of Policy, Planning and Evaluation




OPTS  = Office of Pesticides and Toxic Substances
                            57

-------
ORC=  Office of Regional Counsel

ORD = Office  of  Research and  Development

OSWER =  Office of Solid Waste and  Emergency Response

OWPE  = Office of Waste Programs Enforcement (within  OSWER)

Outreach =  Communication

OUST  = Office  of Underground  Storage Tanks

OW = Office of Water

PSD =  Prevention  of  Significant  Deterioration  (CAA)

PTS  =  Pesticides and Toxic Substances

PWSS  = Public  Water  Supply  System

RCRA  = Resource Conservation  and  Recovery Act

R&D = Research  and  Development

SARA  =  Superfund Amendments and  Reauthorization  Act

SCTCA =  Southern California Tribal  Chairmans'  Association

SDWA  = Safe Drinking Water  Act

SEE =  Senior  Environmental  Employee (Employed  through  AARP)

SSA =  Sole Source Aquifer

STP  =  Sewage  Treatment Plant

T/A=  Technical Assistance

TIP =  Tribal Implementation  Plan (Clean  Air  Act)

Title II =  Construction  Grant Program for Wastewater  Treatment  Facilities
   (CWA)

TSCA = Toxic  Substances Control Act

TSD = Transport,  Storage,  Disposal (Facilities  under  RCRA Subtitle C)

UIC  =  Underground  Injection  Control

UMTRA  =  Uranium Mines Tailing Remedial Action
                            58

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USGS = United States Geological  Survey




UST =  Underground  Storage  Tank




VOC =  Volatile Organic Chemical




WHP  = Wellhead  Protection (SDWA)




WQS = Water  Quality Standards




WY =  Workyear
                             59

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                                                                   •1/8/34
            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 these  principles  on  Indian Reservations  cannot
 be accomplished  immediately.   Effective  implementation will  take   careful
 and  conscientious work by  EPA,  the Tribes and many others.   In many  cases,
 it will require changes in  applicable statutory  authorities  and  regulations.
 It will be  necessary to  proceed in  a  carefully  phased  way,  to learn from
 successes and failures,  and to  gain  experience.  Nonetheless,  by beginning
work on the 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:
                              60

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                                     -2-
 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  subdivisions  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.

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                                     -3-
 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 in 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.

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                                       -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, :n 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 tne  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

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               UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                             WASHINGTON. DC. 20460
                                     NOV   8 1984
 MEMORANDUM                                                       THE AOM.N.STRATOR
 SUBJECT:  Indian Policy Implementation Guidance
 FROM:      Alvin L. Aim
           Deputy Administrator

 TO:       Assistant Administrators
           Regional Administrators
           General  Counsel
                             INTRODUCTION
      The  Administrator  has  signed the  attached EPA Indian Policy.   This
 document  sets  forth the  broad  principles  that will  guide the Agency  in
 its  relations  with  American  Indian Tribal  Governments  and  in  the  adminis-
 tration of  EPA programs  on  Indian  reservation  lands.

      This Policy  concerns  more  than  one  hundred  federally-recognized
 Tribal Governments  and  the  environment  of  a   geographical area  that  is
 larger than  the combined  area  of  the   States  of Maryland,  New Jersey,
 Connecticut, Massachusetts,  Vermont,  New  Hampshire  and  Maine.   It is  an
 important sector  of the country, and constitutes  the  remaining lands  of
 America's first  stewards  of the environment, the American  Indian Tribes.

      The Policy places  a  strong emphasis on incorporating Tribal Govern-
 ments into  the  operation and  management  of   EPA's  delegable  programs.
 This  concept is  based  on the President's Federal  Indian Policy published
 on January  24, 1983 and  the  analysis,   recommendations  and Agency input
 to the  EPA  Indian  Work  Group's  Discussion  Paper,  Administration  of
 Environmental  Programs on American Indian Reservations (July  1983).


                          TIMING AND SCOPE
     Because of the  importance  of the  reservation  environments,  we must
begin immediately  to incorporate the  principles  of  EPA's  Indian Policy
into the  conduct   of our everyday  business.   Our  established operating
procedures (including long-range budgetary and operational planning acti-
vities) have not consistently focused on the proper  role of Tribal Govern-
ments or the  special legal  and  political  problems  of program management
on Indian lands.   As a  result,  it  will  require  a phased  and sustained
effort over time to  fully  implement the principles of  the  Policy and to
take the steps outlined in this Guidance.
                                    65

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                                     -2-

      Some Regions  and Program  Offices  have a".-eac;- ~".:e  • idi vi i;>]  starts
 along the lines  of  the Policy  and  Guidance.    I j-eHeve  .f-at  i  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,  *e
 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  within  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 tne Regions.

      The  Indian Work  Group  (IWG), which  is  chaired by the Director  of the
 )ffice of Federal  Activities and composed of representatives of  key  regional
 i..d headquarters  offices, will   facilitate  ar.d   coordinate  these  efforts.
 ."ie IWG  will  begin  immediately  to  help  identify  the  specific  projects
 .<,-.'c.n may  be ripe  for  implementation and  the problems needing  resolution
 ';•! k-,e first year.

     Because we  are  starting   in  "mid-stream,"   the  implementation  effort
••nil necessarily  require some  contribution  of   personnel  time  and  funds.
 n'hile 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 rr  '.i their ability to  function  effectively.    i  preserve
the flexibility of  each  Region and each  program, we have "Tt set  a  target
 for allocation  of  FY  85 funds.   I am confident,  however, tnat  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.

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                                     -3-

                                    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(s) 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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                                      -4-
 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
 hard 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   Ind'ci  projects  in  FY 85 and  FY  86
 will  need  to come  from resources currently planned for  succor*.  to ZPA-and
 State-managed  programs  meeting  similar  objectives.  As  I !>t-:e>- earlier,  we
 Jo not  expect  to  resolve all problems and address all  environmental   needs  on
 ^enervations immediately.    However,  -.c  Can  make  a   significant   beginning
         unduly  restricting our ability  to  fund ongoing programs.
      I am  asking each Assistant Administrator  and Regional Administrator to
take  Tieasures within his or her discretion and authority  to  provide  sufficient
staff time and grant funds to  allow the Agency  to  initiate  projects  on  Indian
iana; i,.  TY  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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                                       -5-

      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  reeded.

 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  WHICH  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  con?Herati~
 to  local  interests   and  concerns,  within the  limits  allowa-- .v our statutory
 mandate  and  nationally  established  criteria  and  standards.   Consistent  with
 the  Federal  and Agency  policy  to  rercjr.izs 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
 Tct.^r  rtates  and   Tribes as  it does  between  neighboring States.   As  in  the
 :as^ 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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                                    -6-

 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  noncornpl iance  by
 private parties  en  Indian   reservations  as we  do  to noncompliance  by   the
 private sector off-reservation.

      Actions  to  enable  and  ensure  compliance  by  Tribal   fa-.:: . ities   with
 Federal statutes  and regulations  include  providing consultation  and
 technical support   to  Tribal  leaders  and  managers   concerning  the  impacts
 of noncompl iance'  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
 Che  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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                                        -7-
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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