ENVIRONMENTAL PROTECTION AGENCY ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 88 Office of External Affairs Office of Federal Activities March 1989 ------- 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 ------- 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. ------- 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. ------- 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. ------- 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. ------- 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. ------- 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 ------- 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 * ------- 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. ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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- ------- 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 ------- 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 ------- USGS = United States Geological Survey UST = Underground Storage Tank VOC = Volatile Organic Chemical WHP = Wellhead Protection (SDWA) WQS = Water Quality Standards WY = Workyear 59 ------- •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 ------- -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. ------- -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. ------- -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 ------- 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 ------- -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. ------- -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. ------- -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. ------- -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. ------- -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. ------- -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 ------- |