ENVIRONMENTAL PROTECTION AGENCY
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 88
Office of External Affairs
Office of Federal Activities
March 1989
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ENVIRONMENTAL PROTECTION AGENCY
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 88
Introduction 2
Observations 3
Program Highlights 4
Matrix (Funding and Workyears) 6
Program Summaries
The Office of Air and Radiation 7
The Office of Water 12
CWA Programs 14
SDWA Programs-UIC 19
SDWA Programs-PWSS 21
GW Programs 28
Office of Pesticides and Toxic Substances 30
Office of Solid Waste and Emergency Response 33
RCRA Programs 35
Title III Programs 40
CERCLA Programs 41
Office of Federal Activities 46
Office of General Counsel 53
Indian Work Group Coordinators 55
Glossary of Acronyms 56
Appendix A EPA Indian Policy and Implementation Guidance 60
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INTRODUCTION
In November 1984, EPA issued an Indian Policy and Implementing
Guidance, in which it committed to working with Indian tribes, recognizing
that tribal governments are the primary parties for setting standards, making
environmental policy decisions, and managing environmental programs on
reservations. The Agency further committed to encourage and assist Indian
tribes in assuming regulatory and program management responsibilities.
Since the publication of this policy EPA has focused on three major areas:
(1) seeking amendments to environmental statutes in order to clarify the role
of tribal governments in this area; (2) increasing outreach activities with
tribal governments in order to strengthen their understanding of the federal
environmental statutes and EPA's understanding of tribal environmental
issues; and (3) working to incorporate attention to tribal environmental
problems and issues into EPA's broader management structure: operating
guidance, program strategies, budget considerations, etc.
We have made progress in these areas, and we expect that future progress
will be greater. The number of workyears expended for the implementation of
the Indian policy has increased, as it has each of the past several years. Last
year's Celtor Chemical Plant Superfund cleanup in Region 9 cost more than S5
million; in the absence of a major Superfund cleanup this year EPA monies
spent on Indian lands decreased. However, baseline funding increased, and we
anticipate it will continue to do so as EPA media program offices strengthen
their commitment of funding and workyears to fulfill the goals of the
Agency's Indian policy.
This report is designed to give an overview of Agency efforts to establish
environmental regulations on Indian lands. It measures the amount of
workyears (the equivalent of one person working full time for a year) and
thousands of dollars that EPA headquarters and each region expended on each
program (i.e., Clean Air Act, Federal Insecticide, Fungicide and Rodenticide
Act) on Indian lands. It is important to note that travel funds and salaries are
not included in the funding column or in the matrix page of this report; if
they were, the total amount of reported monies would be larger.
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OBSERVATIONS
1. In FY 88, EPA expended approximately S6.9 million and 77.7 workyears on
environmental activities on Indian lands.
2. The decrease in funding from FY 87's $8.9 million is due to the completion
of the $5.1 million Celtor Chemical Plant Superfund clean up on the Hoopa
Reservation in California.
3. There has been an increase of 20.6 workyears, up from 57.1 last fiscal year.
4. The greatest increase in funding comes from the OPTS program, which
expended nearly $900,000 more than in FY 87. (In FY 87 OPTS was filed
under the heading "FIFRA/TSCA".)
5. The greatest increase in workyears appears in the CWA program, which
reported 9.5 more workyears than in FY 88. This reflects the activity
required for developing the implementing regulations and ensuring that
consultation with tribes occurred.
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PROGRAM HIGHLIGHTS FOR FY 88
Communications
The Agency has initiated a concerted effort to ensure that tribal
governments are kept informed of EPA activities that might affect them. At
headquarters, the communciation strategists review communication strategies
to determine if tribal governments are appropriately considered. In addition,
the tribes now receive copies of the EPA Journal.
Region 5 has conducted a mail survey of the tribes in that region to
ascertain what they perceived as their major environmental concerns and
needs. A telephone survey of the Indian news media, similar to that of the
tribes, also was conducted. In addition, general, program-specific, and youth-
oriented information packets were sent out.
A two-day meeting was held in Region 6 between tribal representatives and
regional senior management to discuss recent EPA initiatives and tribal
concerns.
Office of Air and Radiation
Region 8 provided grants totalling 5473,300 to 9 reservations for air
monitoring and program development. These reservations will complete
emissions inventories and air quality surveys and will continue to develop air
quality code's and regulations for each reservation.
OAR has also included Indian tribes in its national survey of indoor radon
levels. ' In Minnesota, 40% of Indian homes surveyed were found to have radon
levels that exceeded the national standard.
Office of Water
Region 5 Water Division, in recognizing the importance of effective
communication and program implementation on Indian lands, has established
a full-time permanent Indian Programs Liaison position. This individual
coordinates among tribes and states in Region 5 for both Clean Water Act and
Safe Drinking Water Act programs.
Region 9 contracted with a consultant to assist the development of an
application from Stewart's Point Rancheria for HUD CDBG funds. The
application was accepted and the tribe received 5400,000 in grant funds for
structural improvements to its water system.
HQ OW published the final Safe Drinking Water Act Indian Lands
Regulations. This clears the way for tribes to apply for grants in support of
primacy for the public water supply system program and (he underground
injection control program.
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Office of Pesticides and Toxic Substances
In FY 88, the Office of Pesticides and Toxic Substances provided funding for
pesticide compliance monitoring on Indian reservations through eight
enforcement cooperative agreements awarded by the Region 8, 9 and 10
offices. In addition, EPA awarded grants for 17 new BIA asbestos abatement
projects in the northcentral and southwestern United States.
Under the Asbestos Inspection and Management Plan Assistance
Program, EPA provided $1,000,000 in financial assistance (in the form of
grants) to BIA schools to help defray the cost of complying with the Inspection
and Management Plan requirements of AHERA. The grant was awarded directly
to BIA, which will develop an award strategy for its schools.
Office of Solid Waste and Emergency Response
Region 6 Superfund staff participated in a public meeting for a United
Nuclear site and provided a translator for Navajo citizens impacted by the site.
Region 6 staff also worked on the preparatory work to establish a Superfund
"state" memorandum of agreement, a pre-remedial cooperative agreement, and
a core cooperative agreement with the Navaho Tribe.
OSWER and OFA co-sponsored three Indian outreach meetings in Billings,
Albuquerque, and Duluth. Approximately 150 representatives from tribes, IHS,
BIA, and FEMA attended. The meetings focused on the major OSWER programs
on Indian lands, including RCRA (Subtitles C, D and I), Superfund and Title III
of SARA. In addition, OSWER and OFA staff made site visits to Indian
reservations.
Office of Federal Activitieg
A $40,000 grant was given to the National Congress of American Indians
(NCAI) for the training of Indian tribes on how to work with EPA. The tribes
will be shown how to use the handbook, entitled Environmental Protection in
Indian Country: a Handbook for Tribal Leaders and Resource Managers ,
which was developed by NCAI on a grant from the Ford Foundation. There
were training meetings in Albuquerque, Seattle, Oklahoma City, Green Bay
and Sioux Falls. Approximately 200 tribal, BIA, and IHS staff were trained.
A NNEPS intern was hired to study solid waste problems and management
on Indian lands. A report and set of recommendations on the subject was
developed in cooperation with the Office of Solid Waste.
The Senior Environmental Employee (SEE) program initiative to provide
technical assistance to tribes was initiated. OFA and the regional Indian
coordinators worked together to place the first SEE employees in Regions 5, 7,
and 8. These employees will "circuit ride" and provide technical assistance to
tribal environmental staff.
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FY 88 ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS
REG
1
2
3
4
5
6
7
8
9
10
«?
'1U1
OAR
Exp.
95.9
5
552.5
80
54
9
796.4
WY
0.2
0.1
0.9
0.1
0.7
0.2
1.6
3.8
CWA
Exp.
534
83
330
40
1785
2772
WY
0.5
2.4
0.5
0.1
1.9
0.9
4.7
11
SDWA-
U1C
Exp.
15
94.7
7.5
89
206.2
WY
0.3
0.4
19.8
0.3
0.8
1
0.1
22.7
SDVVA-
PWSS
Exp.
10
44.6
69.5
24
52
135.2
66
5
406.3
WY
0.7
0.4
0.9
1.1
1.1
0.6
4
0.6
0.5
9.9
SDWA-
GWP
Exp.
25
20
35
80
WY
0.5
0.1
0.3
0.3
1.2
OPTS
Exp.
39
171.5
223
18
1114
1565
WY
0.2
1.3
0.8
0.2
2.5
RCRA
Exp.
30
32.5
100
162.5
WY
0.6
0.1
0.7
0.8
1.3
0.4
3.9
SARA/
CERCLA/
TITLE III
Exp.
4.9
0.2
58
50
285
398.1
WY
0.8
0.2
0.8
0.9
1.1
0.1
2.3
6.2
OF7 A
Exp.
40
112.5
64
5
75
87
75
77.3
535.8
WY
0.1
0.5
0.1
2.9
1.1
0.2
1.2
1
1.6
3.4
12.1
OGC70RC
Exp.
0
WY
O.I
0.1
0.7
0.5
1
0.8
1.2
4.4
TO' %AL
Exp.
0
54.9
534
445
583.4
29
1024
664.2
1998
1590
6922.5
WY
0.2
2.5
1.2
9.5
24.3
1.6
7.6
10.8
7.5
12.5
77.7
WY = Workycar (Rounded to the nearest 0.1)
Exp. = Expenditure ($1,000)
AH figures are rounded to the nearest 0.1 Workyear and the nearest $100.
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
THE OFFICE OF AIR AND RADIATION
The Clean Air Act authorizes a nationwide program of planning,
regulation, enforcement and research for the control of air pollution. The EPA
is responsible for setting national standards and emission limits, conducting
research to strengthen the scientific basis for pollution control, and
providing technical and financial support to state, tribal and local air
pollution control agencies. These agencies have the primary responsibility for
the control and prevention of air pollution.
The EPA strategy to meet the requirements of the Act in the 1980s focuses
on five major program goals. They are as follows:
* Reduce the risk of exposure to air toxics.
* Achieve National Ambient Air Quality Standards (NAAQSs) set to protect
human health.
* Determine the policy alternatives and strategy options available to
address emerging issues.
* Increase the capacity and improve the effectiveness of state, tribal and
local air quality agencies.
* Develop and support programs to maintain improvements in air quality.
The first three goals are directed at addressing major environmental
problems. They are listed in general order of national priority, based on public
health risk and feasibility of control. The order of these priorities may vary
from area to area depending on the relative health risks presented by local
pollution problems. The fourth and fifth goals are more programmatic and
cross-cutting in nature.
The national mandate to protect public health and the environment from
the adverse effects of radiation is also derived from the Clean Air Act, as well
as from several other statutes. There are two major program objectives under
the radiation program. They are as follows:
Reduce risk of exposure to unhealthful levels of radiation
Maintain comprehensive surveillance and effective emergency
response capabilities.
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Descriptions of technical and financial assistance programs available from
the Office of Air and Radiation as stated in the Office of Management and
Budget's 1987 Catalog of Federal Domestic Assistance are:
PROGRAM DESCRIPTION
66.001 AIR POLLUTION
CONTROL-PROGRAM
SUPPORT
66.003 AIR POLLUTION
CONTROL-MANPOWER
TRAINING
66.006 AIR POLLUTION
CONTROL-TECHNICAL
TRAINING
FINANCIAL
*
*
NON-FINANCIAL
*
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF AIR AND RADIATION
PROGRAM ($000) WORK
HEADING FUNDING YEARS TYPE
PROGRAM
DESCRIPTION
Region 2
Region 4
Region 5
Region 6
$21.9
$61.5
$12.5
(see HQ)
$5.0
0.2
0.05
0.15
0.05
0.35
0.25
0.05
0.04
Outreach
D/I
D/I
T/A
F/A
F/A
T/A
F/A
T/A
Seneca Nation is routinely sent
copies of all informative material,
that is also sent to states, con-
cerning radon. Additionally, the
region has begun to explore the
possibility of entering into an
agreement with HUD to address
radon corrective measures.
Advise and provide information on
radon testins to tribes.
Twenty-four hundred charcoal
canisters and technical assistance
were provided for a radon survey
on 29 Indian reservations. In
addition, coordination, of HQ's ran-
dom radon survey was provided.
Technical assistance and guidance
were provided to Region 5 Indian
Coordinator on radon issues.
The Air Assistance Award provided
to the White Earth Reservation is
for a program to assess air quality
levels. Also support is provided for
monitoring acid precipitation,
wood burning and to analy/e filters
for heaw metals and pesticides.
An Air Assistance Agreement to be
awarded this year to the Oncida,
Menominee, Stockbridge-Munsce
Tribes, in consortium, for an air
monitoring program to assess air
quality paniculate levels,
pesticides, heaw metals, and SO^.
Technical assistance and guidance
to Region 5 Indian coordinator for
air grant related issues.
Region 6 contribution to Navajo air
grant which is being managed by
Resion 9.
Evaluation of air grant application
from Jicarilla Apache Tribe and
meeting with tribal representatives
to discuss application and funding
considerations.
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF AIR AND RADIATION
PROGRAM ($000) WORK
HEADING FUNDING YEARS TYPE
PROGRAM
DESCRIPTION
Region 6
(Con't)
Region 8
Region 9
$452.8
$55.0
$44.7
$80.0
0.04
0.50
0.10
0.10
0.20
T/A
F/A
T/A
T/A
T/A
T/A
F/A
Coordination of radon survey for
Navajo and Indian lands located in
New Mexico.
Provide grants to 10 reservations
to complete emissions inventories
and air quality climatology and to
progress toward the development of
air quality codes and regulations
for each reservation.
Region 8 Air Programs Officer
provides training in handling and
interpreting air quality data. Also
coordinates presentations of special
efforts and projects occurring on
reservations. Tribal air quality
personnel are brought into the
reaional offices in Denver.
PSD permit applicability determina-
tion and modeling/monitoring
assessment in instances of a pro-
posal to locate a stationary source
on reservation land under federal
permitting authority.
Air quality monitoring assistance
by the State of Montana including
equipment servicing and location
selection. Coordination between
reservations and state program
activities. This assistance is
available to all Montana tribes
receiving air quality monitoring
grants.
The Council of Energy Resource
Tribes (CERT) provides technical
assistance in developing tribal air
quality codes and regulations for
non-Montana tribes receiving CAA
section 105 grants. Early stages of
regulation development include
CERT's efforts to coordinate the air
quality interests of each tribe and
the appropriate state air officials.
Navajo Air Quality Project to
develop tribal air program.
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF AIR AND RADIATION
PROGRAM ($000) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
Region 10
HQ
ORP
-Radon
HQ
New Tribal
Initiatives
$54.0
(see HO}
S9.0
1.25
0.10
0.02
0.06
0.02
0.10
0.08
T/A
D/I
D/I
D/I
D/I
Outreach
D/I
F/A
T/A
F/A
Program grant to Shoshone-
Bannock Tribe.
Oversight of program grant to
Shoshone-Bannock Tribe.
Inspect plywood mill on Warm
Springs Reservation and
recommend improvements to air
poiJution control facilities.
Processing Spokane Tribe PSD
redesignation to Class I status.
Working to achieve compliance of
plywood mill on Warm Springs
Reservation with air emissions
targets.
Provide information to tribes
regarding EPA air programs and
funding.
Assist Tulalip Tribe on PSD permit
for proposed municipal incinerator
on reservation.
Headquarters provided 1000 of some
3400 testing kits used in Region 5's
Indian lands radon survcv.
Headquarters provided technical
assistance to Indian tribes in
Region 5 on radon assessment.
Headquarters funded two new tribal
initiatives in Regions 5 and 10 at
$70.0 (See regional activities').
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
THF OFHCE OF WATER
The EPA together with state, tribal and local governments has
responsibility for water quality in three areas. The first is reducing pollution
of surface waters. The second is preventing contamination of groundwaters
needed for human consumption. The final area concerns maintaining the
purity of drinking water. EPA, states and tribes also implement programs to
protect general ground water quality authorized under several different
statutes and described in the recently published groundwater strategy.
Authority to implement these programs comes from three major statutes.
They are as follows:
* Safe Drinking Water Act (SDWA)
* Clean Water Act (CWA)
* Marine Protection, Research, and Sanctuaries Act (MPRSA)
Objectives of the major statutes are:
SDWA
Ensure that drinking waters are free from harmful contaminants,
protect groundwater from contamination by underground injection,
and support state groundwater quality management initiatives.
CWA
Restore and maintain the chemical, physical, and biological integrity of
the Nation's water.
MPRSA
Provide for the safe and effective disposal of dredged materials, sewage
sludge, hazardous waste, and other materials at sea. (This statute does not
directly relate to American Indian tribes or tribal governmental
authorities.)
The Groundwater Protection Strategy, though not a statute, supports states
in the development and implementation of groundwater protection programs.
It also provides a common policy basis for all EPA Groundwater Program
activities.
The Safe Drinking Water Act establishes four programs through which the
EPA can fulfill its mandate of ensuring that drinking waters are free from
harmful contaminants. The firsl one is the Public Water Supply Supervision
Program. This program focuses on providing safe drinking water to users of
public water systems, and it is currently the most active program on Indian
reservations. The Underground Injection Control Program (UIC) focuses on
protection from contamination of groundwater supplies that are or might be
sources of drinking water due to the subsurface placement of fluids by well
operators. The 1986 Amendments to the Safe Drinking Water Act created
additional groundwater protection programs. The first, the Sole Source Aquifer
Demonstration Program (SSAD), provides funds to state, tribal or local political
units to demonstrate unique groundwater protection activities. The second, the
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Wellhead Protection Program (WHP), provides funds to states and tribes to
protect the area around the public drinking water wells or wellfields. It
should be noted, however, that Congress did not appropriate funds for these
programs in FY 1988.
The Clean Water Act provides a comprehensive structure for water
pollution control. The Act provides for establishment of technology-based and
water quality-based controls for sources of pollutants, state and now tribal
water quality standards to protect water uses, monitoring to assess water
conditions and trends, and water quality management (WQM) planning to
analyze problems and design needed control measures. The Act accomplishes
its purpose by creating a partnership between EPA and the governments of
the various states and tribes. The Act allows for state and tribal government
(under certain circumstances) to develop water quality standards. In addition,
the Act creates specific programs to assist states and tribes in funding
pollution control activities in the areas of wastewater treatment, clean lakes
restoration, and non-point source pollution abatement.
Descriptions of technical and financial assistance programs available from
the Office of Water as stated in the Office of Management and Budget's 1987
Cataloe of Federal Domestic Assistance are:
PROGRAM DESCRIPTION
66.418 CONSTRUCTION GRANTS
FOR WASTEWATER
TREATMENT WORKS
66.432 STATE PUBLIC WATER
SYSTEM SUPERVISION
66.433 STATE UNDERGROUND
WATER SOURCE
PROTECTION
66.438 CONSTRUCTION
MANAGEMENT
ASSISTANCE
66.454 WATER QUALITY
MANAGEMENT
PLANNING
FINANCIAL
*
*
*
*
*
NON-FINANCIAL
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF WATER CLEAN WATER ACT PROGRAMS
PROGRAM (SOOO) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
Region 1
Region 4
Region 5
$534.0
$52.2
0.02
0.30
0.15
0.05
0.50
0.25
T/A
F/A
D/I
T/A
D/I
D/I
D/I
Outreach
Reviewed potential impact of
adjacent development on
Narrangansett Tribe's Aquifer.
With IHS, submitted the
Passamaquaddy Tribe as a candidate
for funding as a model project
under the Wastewater Treatment
Indian Set-Aside Program.
Visited each reservation and
inspected wastewater treatment
facilities, issued NPDES permits, and
monitored compliance with
respective NPDES permit limitations
on discharges.
Stream studies for establishing
WQS stream standards and
compliance activities.
Assist tribes in obtaining grants
and obtain delegation of CWA.
A wastewater treatment Indian set-
aside model project grant was
awarded to the Eastern Band of
Cherokee Indians.
Five biological surveys at four
reservations to assess ambient
water quality using fish and
benthic macroinvertebrate rapid
assessment techniques. This phase
was initiated to document baseline
information from known or
suspected point and non-point
source influences.
Water Division's Indian Programs
Coordinator conducted 27 site visits
and met with tribal chairmen
and/or tribal representatives from
all 29 reservations to discuss
various aspects of CWA and SDWA
programs as they apply to Indian
lands. Specific tribal issues/
concerns were distributed to Water
Division staff for appropriate
follow-up.
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF WATER CLEAN WATER ACT PROGRAMS
PROGRAM ($000) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
Region 5
(Con't)
$30.0
0.05
0.50
0.01
0.15
0.10
0.02
Outreach
T/A
D/I
T/A
D/I
T/A
Water Division coordinated a meet-
ing between Minnesota Pollution
Control Agency and the various
tribes in Minnesota. The purpose of
the meeting was to have state and
tribes discuss their respective
programs, and identify areas of
mutual interest. It is felt that this
type of meeting will foster more
positive and productive state/tribal
relations. Similar meetings are
planned for Wisconsin and
Michiaan.
Grant to a non-profit organization
to fund a circuit rider half-time to
visit all reservations and provide
technical advice/assistance relative
to CWA programs. In addition, a
slide presentation is to be developed
to be used in sensitizing division
staff to tribal concerns, customs,
and traditions. Workshops on small
rural wastewater treatment issues
are also planned.
Three NPDES permits were issued to"
Indian tribes.
Representatives are visiting all
reservations to assess needs for
NPDES permits. All sewage lagoon
systems discharging to surface
waters are to be issued permiis.
An inventory of discharge permits
issued has been compiled. The per-
mits are being reviewed for compli-
ance. Violations will be followed.
Section 314, Clean Lakes Grant,
Phase 1 diagnostic feasibility study.
Provides for research to gather data
on 4 tribal lakes and their
watersheds and development of
management plans for each lake.
Effort continued from FY 87.
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF WATER CLEAN WATER ACT PROGRAMS
PROGRAM ($000) WORK
HEADING FUNDING YEARS TYPE
PROGRAM
DESCRIPTION
Region 5
(Con't)
Region 6
$0.8
$330.0
0.03
0.10
0.70
0.50
0.02
0.01
0.01
T/A
Outreach
D/I
D/I
Outreach
F/A
T/A
Outreach
Regional contract funds ($750)
awarded to consultant to assist MN
Chippewa Tribe with the
preparation of Section 314 Clean
Lakes diagnostic feasibility study
for 4 tribal lakes .
Advised tribes on the availability of
resource information including
Nat'I Small Flows Clearinghouse.
Provided regional and state
outreach contacts to tribes.
Provided information on water
conservation and flow reduction to
circuit rider for distribution to
tribes.
Identification and recommendation
of candidates for funding as model
projects under the Wastewater
Treatment Indian Set-Aside
Program. Also aided workgroup in
establishing procedures and
criteria for set-aside grants.
Issuance of NPDES permits
involving Indian reservations
and/or issues.
Met with representatives of the
Cherokee Nation to discuss EPA
funding sources for building
wastewater treatment facilities.
The Isleta Pueblo was selected for
funding as a model project under
the wastewater treatment Indian
Set-Aside Program.
Meeting with Navajo Tribe to
discuss improvements to Shiprock
STP to meet permit limits.
Advise Navajos on delegation of
NPDES Permit/Enforcement
Program.
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF WATER CLEAN WATER ACT PROGRAMS
HEADING
FUNDING YEARS TYPE
DESCRIPTION
Region 8
Region 9
Region 10
S40.0
0.05
0.05
0.08
0.15
0.60
1.0
0.15
0.03
0.02
0.02
T/A
T/A
Outreach
D/I
D/I
T/A
D/I
Outreach
D/I
F/A
D/I
D/I
Outreach
Outreach
Conducted onsite evaluations of
treatment plants through 104(g)(l)
program.
Provided O&M review & T/A for St.
Stevens School review for NPDES
violations.
Met with a number of tribes on
construction grant needs.
NPDES inspection and enforcement
activities on Indian reservations.
NPDES permit issuance on Indian
lands:
* reissuance of permit to
Chinle
* new permits to Kinlinchee
and UMTRA
Provide information and technical
assistance to tribes on CWA
amendments. Work with tribes to
implement CWA programs.
Region 9 heading up coordination
effort with Pyramid Lake-Paiute
Tribe/NV Department of Environ-
mental Protection and the Cities of
Reno and Sparks to resolve current
litigation over water quality in the
Truckee River.
The White Mtn. Apache Tribe is
to receive S 150.0 in FY 89 under the
model projects for the Construction
Grants Indian Set-aside. EPA & IHS
began work with the tribe to
develop an interasencv acreemcm.
Assist Colvillc Confederated Tribes
in promulgation of tribal water
qualitv standards.
Keep Columbia River Inter-tribal
Fish Commission informed of state
water qualitv standards.
Inform tribes of water quality
standard developments and issues
and section 106 grant funding
issues.
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF WATER CLEAN WATER ACT PROGRAMS
PROGRAM
HEADING
($000)
FUNDING
WORK
YEARS
TYPE
PROGRAM
DESCRIPTION
Region 10
(Con't)
HQ
SI, 785
0.01
0.02
0.05
0.20
0.01
0.05
0.02
0.03
0.20
0.20
4.70
D/I
T/A
Outreach
T/A
T/A
D/I
D/I
D/I
D/I
F/A
Outreach
D/I
Outreach
Negotiation of work plans for
section 106 grant proposals (pre-
award}.
Field/lab support to tribes for
surface water chemical and
bioloeical assessments.
Inform tribes of municipal facility
funding sources. Forward comments
and information on needs to EPA-
HO.
NPDES program work for Colville
reservation permittees.
Follow-up with the Confederated
Tribes of Warm Springs Reservation
to discuss NPDES requirements for
tribal wastewater treatment.
Working on NPDES permit for forest
products mill on Warm Springs
Reservation.
Compliance inspection of Warm
Springs Forest Products. Inc.
Negotiation of workplans for sect.
106 proposals (prc-award).
Model construction grant project
to Tulalip Tribe (FY 89 grant award)
Construction grant to the
Swinomish Tribe.
Work on cooperative agreements
with Puyallup and Swinomish
Tribes.
Development of CWA Indian regu-
lations, the wastewater treatment
needs Report to Congress, work
towards promulgation of WQS for
the Colville Reservation, and
general outreach.
18
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF WATER SAFE DRINKING WATER PROGRAMS - UIC
PROGRAM
HEADING
(SOOO) WORK
FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
Region 2
Region 5
Region 6
515. 0
$94.7
0.10
0.10
0.10
0.25
0.10
0.20
0.50
19.0
D/I
T/A
Outreach
D/I
T/A
D/I
Outreach
T/A
D/I
Administration of a UIC program
for the Seneca Nation.
Technical assistance for inspection
of Class II wells on Seneca Nation
Reservation.
Correspondence and meetings with
the Seneca Nation and the St. Regis
Mohawk Tribe regarding delegation
of UTC program.
Project grant fund, in the form of
an IAG with Indian Health Service,
to assist in direct implementation
by providing an inventory of UIC
wells emphasizing Class V.
Region 5 staff will provide training
on injection wells to IHS field
personnel and specific tribal staff.
Co-lead activities for UIC on Indian
lands; counsel water program at
meetings with tribal represen-
tatives in the field und at Region 6.
Region 6 has developed tailored
Indian regulations for the remain-
ing OK and NM Indian lands,
including all Ute, Mountain Ute and
Navajo lands. The region has co-
ordinated extensively via' meetings
and hearings with tribes, other
regions and agencies the develop-
ment and implementation of the
programs. Have also participated
on OW-Indian Workgroup and
reviewed, commented and parti-
cipated in meetings regarding
Indian Primacv Resnilations.
Continue to administer UIC Program
for Osage Mineral Reserve in Osage
County, OK for approximately 4,000
Class II wells utilizing a field office
in Pawhuska, OK, along with
regional staff and a cooperative
aareement/srant with the Osaszc
19
-------
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
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF WATER SAFE DRINKING WATER PROGRAMS - PWSS
PROGRAM
HEADING
(SOOO)
FUNDING
WORK
YEARS
TYPE
PROGRAM
DESCRIPTION
Region 5
Con't)
Region 6
Region 7
$0.6
519.5
$33.0
$17.0
$8.3
SI. 2
0.02
0.01
0.50
0.20
0.10
0.20
0.10
0.20
0.20
Outreach
T/A
D/I
D/I
Outreach
T/A
T/A
T/A
T/A
Representative spent 2.5 weeks at
HQ finalizing PWS/UIC primacy
regulation on Indian lands.
Quality Assurance Section provided
T/A to the Minnesota Chippewa
Tribe in developing its
laboratory capability to meet EPA
certification for nitrates and
microbiological analvses.
Implementation of drinking water
regulations on Apache and Pueblo
lands in New Mexico. Funding is for
laboratory analysis of samples
required by SDWA. Workyears are
expended on compliance activities.
Volatile organic chemical (VOC)
survey of all Apache and Pueblo
public water supply wells in New
Mexico. (Technical Support Division
supplied laboratorv resources.')
Assistance provided as part of EPA
participation in Indian training
sessions (update of EPA rcgs, oiher
technical information.)
Through an interagency agreement
with IHS, training is provided for
water operators to ensure
compliance with SDWA. Assistance
is also provided to help tribes form
utility authorities that will develop
ordinances, fee systems, and to help
tribes cope with operator turnover
situations.
Assistance provided to tribes for
issuance of lead public notice
required bv SDWA Amendments.
Interagency Agreement (IAG) wiih
Indian Health Service Aberdeen
Area (IHS). IHS/EPA will jointly
sponsor advanced operator training
and basic on-sitc operator
training.
IAG with IHS to jointly sponsor the
second year of a water distribution
pilot study on the Winncbago
Reservation.
9 9
-------
EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF WATER SAFE DRINKING WATER PROGRAMS - PWSS
PROGRAM ($000) WORK
HEADING FUNDING YEARS TYPE
PROGRAM
DESCRIPTION
Region 7
(Con't)
Region 8
S3.5
$4.0
S7.0
$35.0
S5.0
0.20
0.25
0.15
0.05
0.50
T/A
D/I
T/A
D/I
T/A
T/A
D/I
IAG with IHS and Region 7 EPA to
sponsor a lead detection program
on Indian Lands; a VOC sampling
program, and produce a videotape
on public notification.
Indian Lands Coordinator will visit
tribal PWSs and discuss compliance
with the SDWA, perform
inspections, and meet with IHS and
BIA staffs and attend Indian
workgroup meetines.
Grants to Iowa Rural Water Assn.,
Kansas Dept. of Health and
Environment, and Nebraska Dept. of
Health to provide T/A to tribal PWS
operators, data input assistance to
the region, and assist in sanitary
survevs, etc.
EPA staff perform sanitary surveys
on Indian lands in Region 7 to
document facility conditions,
discover technical assistance needs
and to update inventories.
O&M training for Indian water
system operators through the
AWWA of South Dakota using a
trainer to travel to the reservations
to give hands-on training. Indian
utility personnel and IHS have ex-
pressed appreciation for this
trainer and his assistance.
Continue SDWA training to tribal
council members and utility
managers through IAG with IHS.
Direct implementation activities
including tracking and monitoring
of and compliance by water systems
with national drinking water
regulations and some technical
assistance and sanitary surveys.
There has been little enforcement
activitv to date.
23
-------
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
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF WATER SAFE DRINKING WATER PROGRAMS - PVVSS
PROGRAM
HEADING
(SOOO) WORK
FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
Region 9
(Con't)
Region 10
HQ
$26.0
$1.0
$39. 0
$5.0
4.0
(For ail
PWSS
projects
0.50
0.02
0.01
0.03
0.50
D/I
noted)
T/A
T/A
D/I
Outreach
T/A
Outreach
Outreach
Direct implementation of SDWA on
Indian lands including
administration of grants, lab
suppprt. and supervision.
IAG with IHS to provide sanitary
survevs and operator training.
Shipping costs for water samples.
PWSS supervision and sampling
PWSSs for inoreanics.
Determine status/needs of Kalispell
PWSS.
Determine training needs and
develop Indian operator training
prosram with IHS.
Assist in developing Indian prim-
acv regulations.
Development of regulations to treat
Indian tribes as states; provide
financial assistance to eligible
Indian tribes; primacy for Indian
tribes.
27
-------
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
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
THE OFFICE OF PESTICIDES AND TOXTC SUBSTANCES
The basic authorities for the Pesticides and Toxic Substances Control
Programs are the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA),
the Federal Food, Drug and Cosmetic Act (FFDCA), the Toxic Substances Control
Act (TSCA), the Asbestos Hazard Emergency Response Act (AHERA), the
Asbestos Schools Hazard Abatement Act (ASHAA), and the Superfund
Amendments and Reauthorization Act (SARA).
Each statute recognizes the need for protecting human health and the
environment from harmful chemicals.
Toxic substances programs under ASHAA and AHERA focus on the
elimination of asbestos in schools and public buildings as an existing chemical
risk/hazard while other potential risks from new and existing chemicals are
identified, assessed, and managed under TSCA and sections of SARA. This broad
coverage enables EPA to take a variety of regulatory actions which impact on
the manufacture, distribution in commerce, processing, use, or disposal of
chemical substances for the public good. To date, the states and EPA have
collectively focused on achieving environmental results through federal
assistance (e.g., asbestos abatement grants) and outreach (e.g., training,
seminars, etc.).
Description of technical and financial assistance programs available from
the Office of Pesticides and Toxic Substances as stated in the Office of
Management and Budget's 1987 Catalog of Federal Domestic Assistance are:
PROGRAM DESCRIPTION
66.700 PESTICIDES
ENFORCEMENT
PROGRAM
66.702 ASBESTOS HAZARDS
ABATEMENT (SCHOOLS)
ASSISTANCE
FINANCIAL
*
*
NON-FINANCIAL
30
-------
EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
PROGRAM (SOOO) WORK PROGRAM
HEADING FUNDING YF.ARS TYPE DESCRIPTION
Region 5
Region 6
Region 8
Region 9
$39.0
$171.5
$63.0
$160.0
0.20
0.20
0.30
0.83
0.25
0.50
F/A
Outreach
T/A
T/A
F/A
T/A
T/A
D/I
F/A
F/A
T/A
Asbestos abatement of pipe and
boiler wrap in school buildings.
(Oneida and Mille Lac Band of
J^hippewa.")
School asbestos inspection, assess-
ment and management of buildings.
(AHERA regulations for schools. 1
Coordination and oversight of
grant awarded by HQ to BIA to
administer and subsidize the
asbestos inspection and manage-
ment plan development program
under AHERA for all Indian schools
in the U.S.
There are five Pesticide Coopera-
tive Enforcement Agreements
active in the region with the
Cheyenne River, Lower Brule, Pine
Ridge Oglala and Rosebud Sioux
Tribes and Three Affiliated Tribes
at Ft. Berthold. They provide.-, for
pesticide enforcement of FIFRA
and tribal pesticide ordinances.
Inspector training, program
information, joint enforcement if
requested.
Program oversight, pesticide use,
and technical assistance. Efforts arc
underway to achieve
tribal/state/EPA coordination.
Enforcement training involves
pesticide problem identification.
Pesticide enforcement on several
reservations.
Grant to Navajo Nation to enable the
tribe to enforce FIFRA and conduct
a pesticide outreach program on the
reservation.
Grant to Inter-Tribal Council of
Arizona on pesticide issues
including enforcement of FIFRA
and tribal pesticide ordinances, and
to provide technical assistance.
Tribes which are included in this
effort are Gila River, Cocopah,
Quechan, Colorado River, Salt Rivcr-
Pima Maricopa, Ft. Mohave, Ale-Chin
and Tohono O'Odham.
3 1
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
PROGRAM ($000) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
Region 10
HQ-
ASHAA
*Region 6
*Region 7
*Region 8
HQ-
AIMPAP
$18.0
5113.7
$40.878
$33.097
$39.777
$1000.0
0.20
F/A
D/I
F/A
Outreach
F/A
Outreach
Pesticide enforcement grant to
Shoshone-Bannock Tribes to assist
in development of pesticide use and
certification code, and training of a
tribal inspector.
Working with Shoshone-Bannock
Tribes in pesticides enforcement,
code develpment, training, disposal
policies, safety programs, and in
develpment of IAG
Under the ASHAA, the EPA provides
financial assistance in the form of
grants to BIA schools for abatement
of asbestos hazards in school
buildings. In FY 88, EPA offered
grants for 17 new BIA asbestos
abatement projects in the north-
central and southwestern United
States.
HQ personnel met with BIA officials
regarding the ASHAA loan and
grant program and assisted the
Bureau in updating their
applications.
Under the Asbestos Inspection and
Management Plan Assistance
Program, EPA provides financial
assistance (in the form of grants) 10
BIA schools to help defray the cost
of complying with the Inspection
and Management Plan require-
ments of AHERA. The grant was
awarded directly to BIA, which will
develop an award strategy for their
schools.
HQ personnel met with BIA officials
to discuss the application require-
ments. HQ and regional personnel
worked directly with BIA to ensure
that all selection criteria were
addressed.
32
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
THE OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
The programs administered by the Office of Solid Waste and Emergency
Response (OSWER) are authorized by the Resource Conservation and Recovery
Act (RCRA), as amended by the Hazardous and Solid Waste Amendments of 1984
(HSWA); and the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA), as amended by the Superfund Amendments and
Reauthorization Act of 1986 (SARA).
EPA's goal in these areas is to protect human health and the environment
by addressing hazardous substance emergencies and to address uncontrolled
hazardous waste sites; to ensure proper ongoing management and closure of
solid and hazardous waste facilities; to prevent leaks from underground
storage tanks and to conduct corrective actions for leaks that threaten human
health and the environment; and to promote community awareness of
chemical hazards and to develop state and local capabilities for preventing and
responding to chemical accidents and emergencies.
In FY 1988, the Office of Solid Waste's (OSW) greatest challenge in
implementing the EPA Indian Policy has involved developing a policy on
implementation of the Subtitle D Solid Waste Management Program on Indian
lands. Toward this end, OSW has been working with the Office of Federal
Activities (OFA) and the Office of General Counsel (OGC) to develop a policy
regarding implementation of the Solid Waste Management program on Indian
lands. OSW is working with OFA to create a paper outlining the issues and
making recommendations for solutions.
OSW has also included recommendations regarding solid waste management
on Indian lands in its Report to Congress on Subtitle D. Recommendations
included: (1) a change to the statutory definition of Indian tribes, currently
included under the municipality definition, to treat tribes as states similar to
the way tribes are treated under the Safe Drinking Water Act, and (2)
encouragement of greater communication and coordination among the EPA.
the Indian Health Service (IHS), the Bureau of Indian Affairs (BIA), and the
Department of Housing and Urban Development (HUD). OSW is working with
OFA, IHS, BIA and HUD to develop an Imeragency Agreement regarding
respective roles and funding to implement solid waste management on Indian
lands.
The Office of Underground Storage Tanks (UST) has developed the UST
Program Indian Lands Strategy for FY 1988 and FY 1989 and Guidance for
Regional Pilot Projects. The focus of this strategy is to assess the extent of UST-
related human health and environmental problems on Indian lands by
conducting pilot projects in Regions 8 and 9. The objectives of the pilot
projects are to maximize the involvement of tribes in all activities; to provide
compliance assistance, education, and outreach to owners and operators of UST
systems on Indian lands; to assess the extent of the problem (i.e., data
collection on number, location, and types of UST systems); to identify
opportunities for Indian-run regulatory and response programs; to identify
potential problems (i.e., leaking and abandoned USTs); to oversee responsible
party financed response; and to promote the involvement of other agencies
and organizations.
33
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In implementing the CERCLA program on Indian lands, EPA will continue
into FY 1989 and beyond a program of interacting with tribes. A program of
informing tribes about how to have hazardous waste sites included on the
CERCLIS survey has already been initiated. This program will increase in
activity in FY 1988. In addition, OSWER staff began the process of developing
guidelines for implementing SARA Title III on Indian reservations. These
guidelines assess hazardous materials emergency response planning on
reservation lands.
Descriptions of technical and financial assistance programs available from
the Office of Solid Waste and Emergency Response as stated in the Office of
Management and Budget's 1987 Catalog of Domestic Assistance are:
PROGRAM DESCRIPTION
66.801 HAZARDOUS WASTE
MANAGEMENT
STATE PROGRAM SUPPORT
66.802 HAZARDOUS SUBSTANCE
RESPONSE TRUST FUND
66.805 UNDERGROUND STORAGE
TANKS PROGRAM
FINANCIAL
*
*
*
NON-FINANCIAL
*
34
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF SOLID WASTE AND EiVfERGENCY RESPONSE RCRA PROGRAMS
PROGRAM ($000) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
Region 5
S30.Q
0.20
0.20
0.10
0.05
T/A
F/A
D/I
T/A
F/A
Menominee Pilot Project. Developed
solid waste rules and groundwater
rules. Tribe continues to develop
surface water rules. Revised
hazardous waste rules to allow for
sitting TSDs and to be more consis-
tent with state regulations. A grant
was given to the Menominee Tribe
(FY 88 with carry-over from FY 87)
for implementation activities for
new rules.
OSW funds for CERT T/A to develop
three generic solid waste plans (one
each for tribes within MI, MN, and
WS). Each plan will be unique and
reflect the trends in solid waste
management for each state, to
facilitate tribal/state coordination.
A training plan is being developed
by the University of Wisconsin-
Extension to provide the tribes with
information on solid waste manage-
ment. It will be provided to tribal
representatives and IHS personnel
and will cover basic solid waste
issues, alternatives, decision
making, and regulatory develop-
ment. Training would be in late FY
88 or earlv FY 89 (Oct).
Funds are being sought to provide
demonstration grants on reser-
vations. Three areas are being
investigated for potential funding.
The Winnebago Tribe is proposing
to establish a prepaid waste disposal
system. The Flambeau Tribe
proposal is for a transfer station.
The Stockbridge/Munsee Tribe is
seeking funding to establish
several collection points for waste
disposal. The tribe has entered into
a cooperative agreement with the
counties for disposal at a regional
landfill. These demonstration
grants would be funded by all
agencies in the 5-agency MOU in a
cooperative effort.
35
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE RCRA PROGRAMS
PROGRAM ($000) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
Region 5
(Con't)
Region 6
Region 8
S3.0
$20.0
0.01
0.04
0.02
0.10
0.10
0.05
0.10
Outreach
Outreach
D/I
Outreach
Outreach
D/I
T/A
An MOU among USEPA, BIA, IMS,
HUD, and USGS was signed by all
agencies to promote interagency
cooperation in developing
environmental protection on
Indian lands.
Presented speech and gave
handouts to Indian tribal repre-
sentatives on the new municipal
solid waste landfill criteria under
the Asencv's Subtitle D initiative.
OSWER Indian Workshop in
Albuquerque to inform tribes of
proposed regulations, LUST Trust
Fund, and Indian Lands Pilot
Projects (Regions 8 & 9). Also had a
regional seminar to inform tribes
of UST program strategies.
Investigate voluntary compliance
program under UST with tribal
governments.
Site investigation of a leaking
underground storage tank and
incidental trainina.
Overall solid waste coordination on
Indian lands including program
oversight, technical assistance,
program information, and com-
pliance statistics. Coordination
activities always include involve-
ment, cooperation and assistance
from IHS, BIA, HUD, and individual
states.
Inspected Turtle Mtn. reservation
landfill and manufacturing com-
pany. Uncovered RCRA (hazardous
waste) violations at company.
Turned over report for enforce-
ment action.
OSW and regional funds for CERT to
develop solid waste plan and
acquire Block Grant ($100,000)
from Sioux County, ND, for con-
struction of a landfill at Ft. Yatcs
36
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE RCRA PROGRAMS
PROGRAM ($000) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
Region 8
;Con't)
Region 9
Region 10
$9.5
0.05
0.16
0.10
0.10
0.10
0.50
0.06
0.03
0.05
0.30
0.20
0.05
T/A
T/A
T/A
T/A
T/A
D/I
T/A
T/A
Outreach
Outreach
T/A
D/I
Regional funds to evaluate landfill
site on Blackfeet Reservation plus
development of landfill operation
plan.
Pilot project for tank inventory and
UST training.
T/A through CERT to develop solid
waste ordinance for Uintah & Ouray
Tribe plus look for surplus GSA solid
waste equipment. Develop MOU
with Uintah Countv & Tribe.
IAG with IHS in Arizona to fund a
one year pilot project for a circuit
rider to assess the extent of UST
related human health and environ-
mental problems on Indian lands.
Oversee responsible party search
and preliminary site assessment for
release of UST at Tuba City and Gib
River in AZ.
Hazardous waste inspections,
compliance and RCRA
enforcement actions on Indian
lands:
* 18 inspections to identify
non-noti ficrs.
* two final 3008(a) consent
orders.
* one 3008(c) complaint.
Response to oral and written
inquiries regarding applicability
of Subtitle D on Indian lands.
Subtitle D inspection on Indian
reservation in Arizona.
Respond to inquiries regarding ihc
applicability of RCRA Subtitle D
(solid waste) on Indian lands.
Provision of UST information on
regulations, technical guidance,
etc. Development of Indian straicsiv.
Provide oversight of Warm Springs
Reservation tank cleanup.
National workgroup attendance:
development of Indian project
proposal for UST assistance.
37
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE RCRA PROGRAMS
PROGRAM ($000) WORK
HEADING FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
Region 10
(Con't)
HQ
$50.0
$50.0
0.05
0.60
0.05
0.10
0.10
0.10
D/I
D/I
D/I
D/I
D/I
D/I
T/A
D/I
Manage Indian land notification
data base.
Compliance and permitting ac-
tivities at RCRA facilities on reser-
vations, primarily the Puvallup.
Address jurisdictional issues on the
implementation of RCRA on
reservation land.
OUST has developed an "UST
Program Indian Lands Strategy for
FY 88 & FY 89 and Guidance for
Regional Pilot Projects".
OUST is developing a "Draft Interim
Guidance on Conducting Emergency
Federal Lead UST Corrective Actions-
for Petroleum Releases on Indian
Lands".
The OUST/Region 8 Indian Lands
Pilot Project is designed to assist in
determining the extent of UST-
related human health and
environmental problems on Indian
lands in Region 8.
Coordinate Indian program efforts
within OSW and with OFA. Examine
issue regarding implementation of
Subtitle D solid waste management
program on Indian lands. Co-
ordinate efforts among EPA, HUD,
DOT and BIA to determine Agency
responsibilities regarding solid
waste management on Indian
Lands. Work also includes coor-
dination with OGC to analyze options
and participate as Indian Work
Group Coordinator for OSW.
The OUST/Region 9 Indian Lands
Pilot Project is designed to assist in
determining the extent of UST-
rclated human health and
environmental problems on Indian
lands in Rceion 9.
38
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE RCRA PROGRAMS
PROGRAM
HEADING
(SOOO) WORK
FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
HQ
(Con't)
0.10
0.01
Outreach
T/A
Participation in OSWER-wide
outreach program to inform tribes
of federal hazardous and solid waste
management programs and their
application to Indian lands.
National meetings were held in
Billings, MT, Albuquerque, NM, and
Duluth. MN.
Recommendations regarding
implementation of Subtitle D solid
waste management on Indian lands
in EPA report to Congress. Recom-
mendations included a statutory
definition change similar to that
made in the SDWA, and coordination
amonar EPA. HUD. IHS. and BIA.
39
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EPA ACTIVTTTES ON INDIAN RESERVATIONS: FY 88
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE TITLE III PROGRAMS
PROGRAM ($000) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
Region 1
Region 5
Region 9
Region 10
HQ
Prepared-
ness staff
$150.0
0.02
0.10
0.05
0.01
0.17
0.02
0.02
T/A
Outreach
T/A
Outreach
Outreach
Outreach
Outreach
F/A
With FEMA, conducted Title III
briefine with tribes.
Jan. 1988- attended 3 meetings with
Indian tribal leaders (Duluth,
Wausau, Sault Ste. Marie) and
presented information on the
requirements of Title III.
Title III outreach and
implementation including section
305(a) of SARA.
Title III outreach and implemen-
tation including section 305(a)
of SARA.
Met with Colville Tribes concerning
the community right-to-know
(Title III) program.
With OGC, developed draft Indian
policy for implementing Title III of
SARA. Distributed the National
Response Team's Emergency
Planning Guidebooks, Title III Fact
Sheet, and the draft Indian policy to
all federally-recognized tribes.
Presented overview of program at
three regional meetings and sought
tribe input from the meeting on
policy. Draft policy is intended to be
finalized this fiscal vear.
Review of HQ policy statements on
Title III. Coordination of regional
Title III Section 313 Coordinators
with Regional Indian Program Co-
ordinators or with tribes, as
appropriate.
Coordinated the development of
Federal Emergency Management
Agency policy on training grants to
Indian tribes. Cooperated with
FEMA in the awarding of these
grants.
40
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE CERCLA PROGRAMS
PROGRAM
HEADING
(SOOO)
FUNDING
WORK
YEARS TYPE
PROGRAM
DESCRIPTION
Region 2
Region 5
Region 6
$4.9
0.40
0.20
0.20
0.02
0.20
0.10
Outreach
D/I
D/I
D/I
D/I
T/A
T/A
Outreach
Region 2 Superfund staff and
Indian Coordinator have been
maintaining a close liaison with the
St. Regis Mohawk Tribe, as a
remedial investigation is completed
on the GM Central Foundry
Superfund site which borders on
the reservation.
Site investigations were conducted
for possible EPA removal actions on
Tuscarora Reservation and Seneca
Nation lands.
Emergency clean-up actions and
enforcement procedures for several
oil spills on the Tuscarora
Reservation and Seneca Nation
lands under Section 3l\(k).
Hazard ranking system package
prepared for Fort Howard Lagoons
on Oneida Reservation, WS. Site
proposed to NPL on Update #7 in
June FY 88.
Regional staff is conducting
preliminary assessments of sites
discovered during field survey in
FY 87. Site inspections will be
conducted durins FY 88 and FY 89.
July 26-27 Duluth. Presentation on 4
OSWER programs to a meeting of all
tribal leaders in the resion.
First Responders Courses (3) to
tribal fire departments and other
first responders. One course each
in Michigan, Wisconsin, and
Minnesota.
Meetings with Navajo Nation EPA
staff to discuss regional Superfund
proaram.
41
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE CERCLA PROGRAMS
PROGRAM (SOOO) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
Region 6
(Con't)
$0.2
0.10
0.32
0.05
0.02
0.04
0.02
T/A
D/I
D/I
D/I
T/A
D/I
Regional team developed and
provided Superfund training to
Navajo Nation EPA staff.
Superfund Indian Coordinator
developed pre-award review
questionnaire; reviewed Navajo
response to financial status review;
regional team performed pre-
award financial systems review of
Navajo Nation; team reviewed data
compiled during review; interim
findings prepared and forwarded to
Navajos for comment; final report.
Met with Regions 8 and 9 to discuss
Region 6 initiatives and develop-
ment of Navajo Superfund Program.
Meetings with OFA, OSWER, and
OERR to discuss Region 6 Superfund
Indian initiatives and resource
allocations. Development of
proposal for remote-sensing pilot
project for site discovery on Region
6 Indian lands. Development of a
proposal for the establishment and
funding of a Region 6 Inter-Tribal
Hazardous Waste Council. Meetings
with Navajo Nation Superfund
Office to negotiate Multi-Site Coop-
erative Agreement, Core Program
Cooperative Agreement, and
Superfund Memorandum of
Agreement.
Superfund staff comparative review
of CERT data, compiled as part of a
national study, and regional
CERCLIS data base.
Superfund staff review of Navajo
potential hazardous waste site list.
Development and presentation of
Superfund Program during Region
6 Indian Tribal Meeting.
Superfund staff participation in
public meeting for United Nuclear
site; provided a translator for
Navajo citizens impacted hv she.
42
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE CERCLA PROGRAMS
PROGRAM ($000) WORK
HEADING FUNDING YEARS TYPE
PROGRAM
DESCRIPTION
Region 6
(Con't)
Region 8
Region 9
S50.0
$2.0
$6.0
0.02
0.01
0.05
0.01
0.02
0.02
0.80
0.02
0.10
D/I
D/I
T/A
D/I
D/I
D/I
D/I
D/I
D/I
Community Relations Coordinator
meetings with Navajo EPA staff to
discuss Community Relations
activities and meeting with Navajo
citizens impacted by United
Creosoting site.
Superfund staff meeting with
Cherokee Nation and New Mexico
Pueblo Council to discuss Superfund
Program and potential pre-award
review prior to development of
Multi-Site Cooperative Agreement
and Core Program Cooperative
Agreement.
Superfund staff to provide
Superfund training to Cherokee
EPA and Pueblo Hazardous Waste
staffs.
Superfund Indian Coordinator
meeting with Quapaw Tribe
reeardins status of Tar Creek site.
Superfund staff meeting with New
Mexico Environmental
Improvement Division regarding
Prewitt Refining site on Navajo
lands.
Superfund Indian Coordinator
meetings with Regional Indian
Coordinator regarding proposed
Region 6 hazardous waste initiat-
ives and Indian Workshop.
Develop and carry out a site
discovery program under CERCLA
on all reeional Indian reservations.
Worked with Regions 6 and 9 on
development of a Superfund MOA
with the Navajo Nation. Continued
involvement with the Navajo
Nation.
Conduct of preliminary assessments
at two sites on Indian lands.
FIT is conducting a Screening Site
Inspection at the Pucrco River, also
on Navaio land.
43
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE CERCLA PROGRAMS
PROGRAM
HEADING
($000) WORK
FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
Region 9
(Con't)
Region 10
HQ
$50.0
$85.0
$20.0
1.0
0.02
0.05
1.02
0.20
0.01
D/I
D/I
D/I
Outreach
D/I
Outreach
Outreach
A Listing Site Inspection is being
conducted by Region 9 Field
Investigation Team contractor at
Cameron-Gray Mtn. uranium mine
and tailings site on Navaho land.
Responding to concerns of the
Coeur D'Alene Tribe regarding the
impacts of the Bunker Hill
Superfund site.
Consulting with Puyallup Tribe
regarding Commencement Bay NPL
site; discussion included potential
tribal involvement in source con-
trol and habitat issues through
cooperative . agreements.
Design and begin development of
Indian identifiers in CERCLIS. Pre-
pare presentation and materials for
OSWER workshops for Indians;
provide representation for work-
shops; develop guidance for regions
on how to involve Indian tribal
governments in ihc Superfund
program; meet with Indians or
their representatives on how the
governing bodies of tribes can be
involved in Superfund and receive
Superfund assistance. Coordinate
Indian program activities with OFA.
Prepare and submit to Congress ihc
report required under section
126(c), discussing hazardous waste
sites on Indian lands.
Participate in meetings conducted
by national Indian organizations to
discuss the Superfund program and
Indian involvement.
44
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY R8
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE CERCLA PROGRAMS
PROGRAM
HEADING
(5000) WORK
FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
HQ
(Con't)
1Q-OWPE
S30.0
Travel
only
0.5
0.25
0.05
Outreach
T/A
Outreach
T/A
Outreach
T/A
Develop a booklet discussing the
Superfund Program in general, and
the site discovery process
specifically, and distribute to all
Indian tribes.
Coordinate with regional offices in
the development and implemen-
tation of Superfund site discovery
pilot programs on Indian lands.
Indian lands environmental
training: a program to explain the
enforcement programs under RCRA
and CERCLA to tribal leaders and
other affected people (e.g., BIA and
IHS). The program also provides
assistance and guidance on the
development of tribal enforcement
programs.
45
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
THE OFFICE OF EXTERNAL AFFAIRS
Office of Federal Activilies
Within the Office of External Affairs, the Office of Federal Activities (OFA)
is responsible for establishing effective liaison and coordination between EPA
and other federal agencies on environmental issues and for working with
those agencies to assure that they carry out their activities in an
environmentally sound manner; for assuring that EPA's programs comply
with the goals and requirements of the National Environmental Policy Act
(NEPA) and related environmental legislation; and for coordinating
implementation of EPA's programs related to protection of human health and
the environment on Indian reservations. OFA's programs are multi-media in
nature and consider impacts on natural resources and environmental values,
as well as on public health.
The objectives of EPA's Indian program are (1) to strengthen EPA program
coverage on Indian reservations in order to restore and protect
environmental quality, and (2) to assist tribal governments in developing the
necessary infrastructure and technical skills to assure maintenance of
environmental quality in the future.
OFA's program is directed to coordinating the Agency's efforts in working
to ensure that EPA programs can be implemented on Indian reservations.
These efforts include statutory amendments, regulatory changes, policy
statements, and increased emphasis on Indian needs in the program and fiscal
planning processes, as well as communication planning that will provide for
consulting with and making information available to the tribes on EPA
program and policy matters. In addition, support and guidance are given to
the regions, where Regional Indian Program Coordinators serve as the
primary contact for the tribes and oversee regional activities with Indian
tribal governments.
46
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF FEDERAL ACTIVITIES
PROGRAM ($000) WORK
HEADING FUNDING YEARS TYPE
PROGRAM
DESCRIPTION
Region 1
Region 2
Region 4
Region 5
$40.0
S60.0
$7.5
0.06
0.02
0.10
0.30
0.10
0.01
0.02
0.02
'0.15
1.0
0.25
Outreach
T/A
T/A
D/I
Outreach
Outreach
Outreach
Outreach
T/A
T/A
D/I
Indian Work Group calls and
meetings, mailings, and response to
information requests.
Under a CERT technical assistance
contract, a water quality
management plan for the Penobscot
Nation was developed.
Under the CERT technical assistance
contract, technical assistance is
provided to the St. Regis Mohawk
Tribe for water quality
management.
Overall Indian Policy coordination,
including development of a
Regional Indian Strategy, and
Indian Work Group participation.
In response to a request from the St.
Regis Mohawk Tribe, Region 2 is
developing a comprehensive
agreement to address the tribe's
environmental needs/concerns.
Participated in monthly conference
calls of Indian Work Group.
Participated in Indian Work Group
Meetinss.
Met with tribal representatives to
determine tribal environmental
needs and to offer technical
assistance.
Funded two SEE Indian Environ-
mental Liaisons, one each for MN
and MI tribes. They will serve as
multi-media liaisons between
tribes Region 5.
Continued the Interagency
Personnel Act agreement with the
Wisconsin Department of Natural
Resources to provide a circuit-
riding environmental consultant to
Wisconsin Tribes.
Under the National Network for
Environmental Policy a summer
intern was hired to study solid
waste problems on tribal lands.
47
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF FEDERAL ACTIVITIES
PROGRAM ($000) WORK
HEADING FUNDING YEARS TYPE
PROGRAM
DESCRIPTION
Region 5
(Con't)
$15.0
$25.0
0.05
0.05
0.20
0.10
0.05
0.10
0.10
0.03
0.05
D/I
T/A
T/A
T/A
T/A
D/I
T/A
3 regional meetings with tribes to
discuss multi-media provisions of
EPA programs for tribes in MN, WI
and MI.
The region has participated in
NCAI, CERT, Office of Water and
OSWER national meetings, as
requested.
The region finalized a 5-agency
MOU with EPA, IHS, BIA HUD and the
U.S. Geological Survey. This multi-
media MOU provides for federal
agency cooperation and coor-
dination in regards to environ-
mental programs on Indian lands.
Quarterly meetinss are held.
Multi-media regional Indian
workgroup meetings are held
monthly, to coordinate EPA Indian
policy implementation in the
region.
Continued support 10 the develop-
ment of the Menomince national
pilot project.
Overall Indian policy coordination
at national and regional level, and
National Indian Work Group
participation.
Completed a joint environmental
inventory of tribal lands on all 29'
reservations in the region. This was
a cooperative effort by EPA, CERT
and GLIFWC. (S40K in FY 87 ).
Assisted tribes with remedial action
plans in cooperation with states and
other federal agencies for the
Oneida, Fond Du Lac and St. Regis
Mohawk tribes.
Under the CERT technical assistance
contract a regional strategy will be
developed for implementing the
EPA Indian Policv in Region 5.
48
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF FEDERAL ACTIVITIES
PROGRAM
HEADING
(SOOO)
FUNDING
WORK
YEARS
TYPE
PROGRAM
DESCRIPTION
Region 5
(Con't)
Region 6
Region 7
Region 8
$5.0
$23.0
$41.0
$5.0
$30.0
$25.0
0.05
0.05
1.0
0.03
0.08
0.04
D/I
Outreach
T/A
Outreach
T/A
Outreach
Outreach
T/A
T/A
T/A
Regional training conference was
held for the Region 5 tribes. The
July conference was coordinated by
the Great Lakes Inter-Tribal
Council.
Spoke at EPA and ABA conferences
on Indians and the environment;
co-host two-day tribal meeting in
Region 6. Training in Indian
sensitivity and Institute scholar on
Indian lands.
Under the CERT technical assistance
contract assisted the Cherokee
Nation to assess solid waste issues
and develop a management plan.
Overall Indian programs coordi-
nation in Region 6, including
providing consultation to tribes,
participating in the national Indian
Work Group, and implementing the
Indian Policv at the regional level.
Training for tribes conducted by
Indian Health Service.
Attended Indian Work Group
Meetines.
Reservation visits/meetings with
tribal leaders.
Coordination meetinss with IHS.
Funds set aside to hire a Senior
Environmental Employee to work
with the tribes in North and South
Dakota on establishing their
environmental programs.
As part of the CERT interagcncy
technical assistance contract, work-
was begun on a comprehensive
environmental needs assessment on
all reservations in Region 8, to be
supplemented with a training
session on EPA program^ for all
tribes.
49
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF FEDERAL ACTIVITIES
PROGRAM (SOOO) WORK
HEADING FUNDING YEARS TYPE
PROGRAM
DESCRIPTION
Region 8
(Con't)
Region 9
$15.0
$5.0
$37.0
$20.0
1.20
0.05
0.75
F/A
F/A
T/A
D/I
D/I
F/A
D/I
D/I
Grant to CERT to complete a prior
effort begun to conduct a
reservation-by-reservation
environmental needs assessment
covering all media programs,
assisting tribes with setting a
priority list of their
environmental problems.
Grant to CERT to co-sponsor a tribal
environmental conference
focusing on training tribal
environmental staff on new EPA
regulations.
Senior Environmental Employee
hired by the Montana Operations
Office to work with the tribes in
Montana (FY 87 funding).
Overall Indian programs coord-
ination in Region 8, including
providing consultation to tribes,
chairing regional Indian
workgroup, participating in the
national Indian Work Group, and
implementing the Indian policy at
the regional level and in the
Montana Operations Office.
SEE employee to perform as Indian
Environmental Liaison to work with
reservations along the Lower
Colorado River in California and
Arizona. To assist tribes particularly
with regard to environmental
issues pertaining to federal
requirements of CWA, SDWA, and
Superfund Amendments.
Grant to the Gila River Community
to establish a pilot program to
develop and manage a water
resource department, including
training and* data evaluation.
Review of draft environmental
assessment for proposed asbestos
monofill project on Cortina
Rancheri a.
Overall Indian program coordina-
tion and Indian Work Group partici-
pation.
50
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF FEDERAL ACTIVITIES
PROGRAM (SOOO) WORK
HEADING FUNDING YEARS TYPE
PROGRAM
DESCRIPTION
Region 9
(Con't)
Region 10
$25.0
$5.0
$30.0
$25.0
$13.7
$6.3
0.15
0.02
1.2
0.01
0.04
0.05
Outreach
T/A
F/A
D/I
T/A
F/A
F/A
F/A
Outreach
Outreach
General liaison with tribal leaders
and tribal organizations on broad
issues; general mailings and
informing tribes regarding agency
activities, seeking tribal input.
Solicit project proposals from tribes
for CERT funding. Review and select
project for funding. Monitor and
evaluate selected projects.
Provide funds to support Tohono
O'Odham Tribe's Outreach Program.
Includes the tribe's PWSS program
staffs visit to 22 reservation
villages to discuss public water
supplies and the relationship and
potential impact of solid waste and
wastewater facilities on the
groundwater sources of drinking
water.
Overall Indian Policy coordination
activities, participation on national
Indian Work Group, participation
in OW and NCAI national meetings,
and general liaison with tribal
leaders and tribal organizations on
environmental issues.
Funded an SEE Indian Environ-
mental Liaison to work with the
Yakima Indian Nation.
Funding for Council of Energy
Resource Tribes technical
assistance to the Umatilla Tribe.
CWA Section 104(b)(3) grant to the
Lummi Tribe for additional work on
a shellfish protection plan.
CWA Section 104(b)(3) grant to the
Suquamish Tribe to study water
quality of Miller Bav.
EPA Oregon Operations Office
conducted a series of general
meetings with the Umatilla tribe
covering all EPA programs, EPA-
Indian Policv and fundins issues.
Provide information to (he Makali
Tribe regarding the Air Force
Station closure concerns.
51
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF FEDERAL ACTIVITIES
PROGRAM (SOOO) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
Region 10
; Con't)
HQ
$15.0
$1.5
$0.8
$40.0
$20.0
$6.0
0.30
0.01
0.7
0.25
2.4
D/I
Outreach
D/I
D/I
D/I
Outreach
D/I
D/I
Grant administration work with the
Lummi, Colville, and Suquamish
Tribes.
Regional participation in Indian
Health Service annual
Environmental Health Meeting and
the National Indian Health Board
Conference in Seattle.
Preliminary study on existing
information management systems
and the need for a data base/ infor-
mation system for reservation en-
vironmental conditions and
programs.
Logistical support to the OSWER
regional information meetings with
tribes.
Logistical support to the Indian
Work Group.
Training associated with the Hand-
book on EPA Programs developed by
NCAI with a Ford Foundation 2rant.
A senior environmental
employment program professional
to assist in the Indian program.
Under the National Network for
Environmental Policy, a summer
intern was hired to study solid
waste issues.
Oversight of Agency's Indian Policy
Implementation.
52
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF GENERAL COUNSEL/ OFFICE OF REGTONAL COUNSEL
PROGRAM (SOOO) WORK
HEADING FUNDING YEARS TYPE
PROGRAM
DESCRIPTION
Region 1
Region 4
Region 5
Region 6
Region 8
Region 9
Region 10
0.05
0.05
0.70
0.5
1.0
0.02
0.75
Outreach
D/I
D/I
D/I
D/I
D/I
D/I
Participate on Indian Attorney's
Work Group and general liaison.
Efforts include informal program
counseling, preparation of formal
opinions, litigation, drafting of
proposed legislative changes, and
participation in Indian Work Group
activities.
Providing legal counsel to program
offices; reviewing MOAs and tribal
regulations; reviewing EPA regu-
lations which affect tribes; parti-
cipating in regional and national
Indian workgroups; case-specific
counseling.
Providing legal counsel to program
offices; reviewing MOAs and tribal
regulations; reviewing EPA regu-
lations which affect tribes; parti-
cipate in national Indian work
sroups: case-specific counseline.
Review CAA. Legal research and
review on CAA 105 grants and TIPs.
CWA and SDWA implementation
issues and jurisdictional analyses.
Regulatory revision of environ-
mental statutes. Lead Region Indian
Attorney Workgroup, conference
calls, memos, and meetings. Review
Superfund lesal issues.
Efforts include informal program
counseling, preparation of formal
opinions, litigation, drafting of
proposed legislative changes, and
participation in Indian Work Group
activities.
Provide legal counsel to program
offices; review MOAs and tribal
regulations; review of EPA regula-
tions that affect tribes; lead and
participate in regional and
national Indian Work Groups,
including conference calls, mcmos
and meetings; draft and review
proposed changes to legislation;
and review litigation.
53
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
OFFICE OF GENERAL COUNSEL/ OFFICE OF REGIONAL COUNSEL
PROGRAM ($000) WORK PROGRAM
HEADING FUNDING YEARS TYPE DESCRIPTION
*2
1.20
D/I
Efforts include CWA-SDWA
regulation development; informal
program counseling and
preparation of formal opinions;
litigation; participation in Indian
Work Group activities.
54
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EPA REGIONAL INDIAN WORK GROUP COORDINATORS
ANNE FENN
INDIAN COORDINATOR
EPA REGION I .(PAG 2300)
JFK FEDERAL BUILDING
BOSTON MA 02203
617-565- 3395
FTS-8-835-3395
ROBERT HARGROVE
INDIAN COORDINATOR
EPA REGION II (2PM-E1)
26 FEDERAL PLAZA
NEW YORK NY 10278
212-264-1892
FTS-8-264-1892
ARTHUR L1NTON
INDIAN COORDINATOR
EPA REGION IV (EAB-4)
345 COURTLAND STREET NE
ATLANTA GA 30365
404-881-3776
FTS-8-257-3776
CASEY AMBUTAS
INDIAN COORDINATOR
EPA REGION V (5ME14)
230 SOUTH DEARBORN ST
CHICAGO IL 60604
312-353-1394
FTS-8-353-1394
ERNEST WOODS
INDIAN COORDINATOR
EPA REGION VI (6E-FF)
1445 ROSS AVENUE
DALLAS TX 75202.
214-655-2260
FTS-8-255-2260
MICHAEL BRONOWSKI
INDIAN COORDINATOR
EPA REGION VII
762 MINNESOTA AVENUE
KANSAS CITY KS 66101
913-236-2823
FTS-8-757-2823
SADIE HOSKffi
INDIAN COORDINATOR
EPA REGION VIII (80EA)
999 18TH STREET
DENVER CO 80202
303-.294-7596
FTS-8- 564-7596
ROCCENALAWATCH
INDIAN COORDINATOR
EPA REGION IX (E-4)
215 FREMONT STREET
SAN FRANCISCO CA 94105
415-974-8323
FTS-8-454-8323
GRETCHEN HAYSLIP
INDIAN COORDINATOR
EPA REGION X
1200 SIXTH AVENUE
SEATTLE WA 98101
206-442-8512
FTS-8-399-8512
MARTIN D. TOPPER. Ph.D.
NATIONAL INDIAN
PROGRAM COORDINATOR
U.S. EPA
401 M STREET SW
WASHINGTON, DC 20460
202-382-7063
FTS-8-382-7063
-55-
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 88
GLOSSARY OF ACRONYMS
AARP = American Association of Retired Persons
ABA = American Bar Association
AHERA = Asbestos Hazard Emergency Response Act
AIMPAC = Asbestos Inspection and Management Plan Assistance Program
AO = Administrative Order
ASHAA = Asbestos School Hazard Abatement Act
AWWA = American Water Works Association
BIA = Bureau of Indian Affairs
BLM = Bureau of Land Management
CAA = Clean Air Act
CDBG = .Community Development Block Grant
CERCLA = Comprehensive Environmental Response, Compensation and Liability
Act
CERCLIS = Comprehensive Environmental Response, Compensation and
Liability Information System
CERT = Council of Energy Resource Tribes
CWA = Clean Water Act
DA = Direct Implementation
F/A = Financial Assistance
FEMA = Federal Emergency Management Agency
FIFRA = Federal Insecticide, Fungicide, and Rodenticide Act
FIT = Field Investigation Team (Superfund Contractor)
FTS = Federal Telephone System (Federal Communications Network)
FY = Fiscal Year (October 1 - September 30)
GLIFWC = Great Lakes Indian Fish and Wildlife Commission
56
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GSA = General Services Administration
HUD = Department of Housing and Urban Development
IAG = Interagency Agreement
IHS = Indian Health Service
K = Thousand (Usually $)
LUST = Leaking Underground Storage Tanks
MCL = Maximum Contaminant Level
MOA = Memorandum of Agreement
MOU = Memorandum of Understanding
M/R = Monitoring Report
MRWA =. Minnesota Rural Water Association
N/A = Not Applicable
NCAI = National Congress of American Indians
NNEPS = National Network for Environmental Policy Studies
NPDES = National Pollutant Discharge Elimination System (CWA)
NPL = National Priorities List (Superfund)
OAR = Office of Air and Radiation
ODW = Office of Drinking Water (Within OW)
OEA = Office of External Affairs
OERR = Office of Emergency and Remedial Response (Within OSWER)
OFA = Office of Federal Activities (Within OEA)
OGC = Office of General Council
O&M = Operation and Maintenance
OMPC = Office of Municipal Pollution Control (Within OW)
OPPE = Office of Policy, Planning and Evaluation
OPTS = Office of Pesticides and Toxic Substances
57
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ORC= Office of Regional Counsel
ORD = Office of Research and Development
OSWER = Office of Solid Waste and Emergency Response
OWPE = Office of Waste Programs Enforcement (within OSWER)
Outreach = Communication
OUST = Office of Underground Storage Tanks
OW = Office of Water
PSD = Prevention of Significant Deterioration (CAA)
PTS = Pesticides and Toxic Substances
PWSS = Public Water Supply System
RCRA = Resource Conservation and Recovery Act
R&D = Research and Development
SARA = Superfund Amendments and Reauthorization Act
SCTCA = Southern California Tribal Chairmans' Association
SDWA = Safe Drinking Water Act
SEE = Senior Environmental Employee (Employed through AARP)
SSA = Sole Source Aquifer
STP = Sewage Treatment Plant
T/A= Technical Assistance
TIP = Tribal Implementation Plan (Clean Air Act)
Title II = Construction Grant Program for Wastewater Treatment Facilities
(CWA)
TSCA = Toxic Substances Control Act
TSD = Transport, Storage, Disposal (Facilities under RCRA Subtitle C)
UIC = Underground Injection Control
UMTRA = Uranium Mines Tailing Remedial Action
58
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USGS = United States Geological Survey
UST = Underground Storage Tank
VOC = Volatile Organic Chemical
WHP = Wellhead Protection (SDWA)
WQS = Water Quality Standards
WY = Workyear
59
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•1/8/34
EPA POLICY FOR THE ADMINISTRATION OF ENVIRONMENTAL
PROGRAMS ON INDIAN RESERVATIONS
INTRODUCTION
The President published a Federal Indian Policy on January 24, 1983,
supporting the primary role of Tribal Governments in matters affecting
American Indian reservations. That policy stressed two related themes:
(1) that the Federal Government will pursue the principle of Indian
"self-government" and (2) that it will work directly with Tribal
Governments on a "government-to-government" basis.
The Environmental Protection Agency (EPA) has previously issued general
statements of policy which recognize the importance of Tribal Governments
in regulatory activities that impact reservation environments. It is the
purpose of this statement to consolidate and expand on existing EPA .-Indian
Policy statements in a manner consistent with the overall Federal position
in support of Tribal "self-government" and "government-to-government" rela-
tions between Federal and Tribal Governments. This statement sets forth
the principles that will guide the Agency in dealing with Tribal Governments
and in responding to the problems of environmental management on American
Indian reservations in order to protect human health and the environment.
The Policy is intended to provide guidance for EPA program managers in the
conduct of the Agency's congressionally mandated responsibilities. As
such, it applies to EPA only and does not articulate policy for other
Agencies in the conduct of their respective responsibilities.
It is important to emphasize that the implementation of regulatory
programs which will realize these principles on Indian Reservations cannot
be accomplished immediately. Effective implementation will take careful
and conscientious work by EPA, the Tribes and many others. In many cases,
it will require changes in applicable statutory authorities and regulations.
It will be necessary to proceed in a carefully phased way, to learn from
successes and failures, and to gain experience. Nonetheless, by beginning
work on the priority problems that exist now and continuing in the direction
established under these principles, over time we can significantly enhance
environmental quality on reservation lands.
POLICY
In carrying out our responsibilities on Indian reservations, the
fundamental objective of the Environmental Protection Agency is to protect
human health and the environment. The keynote of this effort will be to
give special consideration to Tribal interests in making Agency policy,
and to insure the close involvement of Tribal. Governments in making
decisions and managing environmental programs affecting reservation lands.
To meet this objective, the Agency will pursue the following principles:
60
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1. THE AGENCY STANDS READY TO WORK DIRECTLY WITH INDIAN TRIBAL GOVERNMENTS
ON A ONE-TO-ONE BASIS (THE "GOVERNMENT-TO-GOVERNMENT" RELATIONSHIP), RATHER
THAN AS SUBDIVISIONS OF OTHER GOVERNMENTS.
EPA recognizes Tribal Governments as sovereign entities with primary
authority and responsibility for the reservation populace. Accordingly,
EPA will work directly with Tribal Governments as the independent authority
for reservation affairs, and not as political subdivisions of States or
other governmental units.
2. THE AGENCY WILL RECOGNIZE TRIBAL GOVERNMENTS AS THE PRIMARY PARTIES
FOR SETTING STANDARDS, MAKING ENVIRONMENTAL POLICY DECISIONS AND MANAGING
PROGRAMS FOR RESERVATIONS, CONSISTENT WITH AGENCY STANDARDS AND REGULATIONS.
In keeping with the principle of Indian self-government, the Agency
will view Tribal Governments as the appropriate non-Federal parties for
making decisions and carrying out program responsibilities affecting
Indian reservations, their environments, and the health and welfare of
the reservation populace. Just as EPA's deliberations and activities have
traditionally involved the interests and/or participation of State Govern-
ments, EPA will look directly to Tribal Governments to play this lead role
for matters affecting reservation environments.
3. THE AGENCY WILL TAKE AFFIRMATIVE STEPS TO ENCOURAGE AND ASSIST
TRIBES IN ASSUMING REGULATORY AND PROGRAM MANAGEMENT RESPONSIBILITIES
FOR RESERVATION LANDS.
The Agency will assist interested Tribal Governments in developing
programs and in preparing to assume regulatory and program management
responsibilities for reservation lands. Within the constraints of EPA's
authority and resources, this aid will include providing grants and other
assistance to Tribes similar to that we provide State Governments. The
Agency will encourage Tribes to assume delegable responsibilities, (i .e.
responsibilities which the Agency has traditionally delegated to State
Governments for non-reservation lands) under terms similar to those
governing delegations to States.
Until Tribal Governments are willing and able to assume full responsi-
bility for delegable programs, the Agency will retain responsibility
for managing programs for reservations (unless the State has an express
grant of jurisdiction from Congress sufficient to support delegation to
the State Government). Where EPA retains such responsibility, the Agency
will encourage the Tribe to participate in policy-making and to assume
appropriate lesser or partial roles in the management of reservation
programs.
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-3-
4. THE AGENCY WILL TAKE APPROPRIATE STEPS TO REMOVE EXISTING LEGAL AND
PROCEDURAL IMPEDIMENTS TO WORKING DIRECTLY AND EFFECTIVELY WITH TRIBAL
GOVERNMENTS ON RESERVATION PROGRAMS.
A number of serious constraints and uncertainties in the language
of our statutes and regulations have limited our ability to work directly
and effectively with Tribal Governments on reservation problems. As
impediments in our procedures, regulations or statutes are identified
which limit our ability to work effectively with Tribes consistent with
thiS Policy, we will seek to remove those impediments.
5. THE AGENCY, IN KEEPING WITH THE FEDERAL TRUST RESPONSIBILITY, WILL
ASSURE THAT TRIBAL CONCERNS AND INTERESTS ARE CONSIDERED WHENEVER EPA'S
ACTIONS AND/OR DECISIONS MAY AFFECT RESERVATION ENVIRONMENTS.
EPA recognizes that a trust responsibility derives from the his-
torical relationship between the Federal Government and Indian Tribes
as expressed in certain treaties and Federal Indian Law. In keeping
with that trust responsibility, the Agency will endeavor to protect
the environmental interests of Indian Tribes when carrying out its
responsibilities that may affect the reservations.
6. THE AGENCY WILL ENCOURAGE COOPERATION BETWEEN TRIBAL, STATE AND
LOCAL GOVERNMENTS TO RESOLVE ENVIRONMENTAL PROBLEMS OF MUTUAL CONCERN.
Sound environmental planning and management require the cooperation
and mutual consideration of neighboring governments, whether those
governments be neighboring States, Tribes, or local units of government.
Accordingly, EPA will encourage early communication and cooperation
among Tribes, States and local governments. This is not intended to
lend Federal support to any one party to the jeopardy of the interests
of the other. Rather, it recognizes that in the field of environmental
regulation, problems are often shared and the principle of comity
between equals and neighbors often serves the best interests of both.
7. THE AGENCY WILL WORK WITH OTHER FEDERAL AGENCIES WHICH HAVE RELATED
RESPONSIBILITIES ON INDIAN RESERVATIONS TO ENLIST THEIR INTEREST AND
SUPPORT IN COOPERATIVE EFFORTS TO HELP TRIBES ASSUME ENVIRONMENTAL
PROGRAM RESPONSIBILITIES FOR RESERVATIONS.
EPA will seek and promote cooperation between Federal agencies to
protect human health and the environment on reservations. We will
work with other agencies to clearly identify and delineate the roles,
responsibilities and relationships of our respective organizations and
to assist Tribes in developing and managing environmental programs for
reservation lands.
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8. THE AGENCY WILL STRIVE TO ASSURE COMPLIANCE WITH ENVIRONMENTAL STATUTES
AND REGULATIONS ON INDIAN RESERVATIONS.
In those cases where facilities owned or managed by Tribal Governments
are not in compliance with Federal environmental statutes, EPA will work
cooperatively with Tribal leadership to develop means to achieve compliance,
providing technical support and consultation as necessary to enable Tribal
facilities to comply. Because of the distinct status of Indian Tribes and the
complex legal issues involved, direct EPA action through the judicial or
administrative process will be considered where the Agency determines, :n its
judgment, that: (1) a significant threat to human health or the environment
exists, (2) such action would reasonably be expected to achieve effective
results in a timely manner, and (3) the Federal Government cannot utilize
other alternatives to correct the problem in a timely fashion.
In those cases where reservation facilities are clearly owned or managed
by private parties and there is no substantial Tribal interest or control
involved, the Agency will endeavor to act in cooperation with the affected
Tribal Government, but will otherwise respond to noncompliance by private
parties on Indian reservations as tne Agency would to noncompliance by the
private sector elsewhere in the country. Where the Tribe has a substantial
proprietary interest in, or control over, the privately owned or managed
facility, EPA will respond as described in the first paragraph above.
9. THE AGENCY WILL INCORPORATE THESE INDIAN POLICY GOALS INTO ITS PLANNING
AND MANAGEMENT ACTIVITIES, INCLUDING ITS BUDGET, OPERATING GUIDANCE, LEGISLA-
TIVE INITIATIVES, MANAGEMENT ACCOUNTABILITY SYSTEM AND ONGOING POLICY AND
REGULATION DEVELOPMENT PROCESSES.
It is a central purpose of this effort to ensure that the principles
of this Policy are effectively institutionalized by incorporating them into
the Agency's ongoing and long-term planning and management processes. Agency
managers will include specific programmatic actions designed to resolve prob-
lems on Indian reservations in the Agency's existing fiscal year and long-term
planning and management processes.
William D. Ruckelshaus
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. DC. 20460
NOV 8 1984
MEMORANDUM THE AOM.N.STRATOR
SUBJECT: Indian Policy Implementation Guidance
FROM: Alvin L. Aim
Deputy Administrator
TO: Assistant Administrators
Regional Administrators
General Counsel
INTRODUCTION
The Administrator has signed the attached EPA Indian Policy. This
document sets forth the broad principles that will guide the Agency in
its relations with American Indian Tribal Governments and in the adminis-
tration of EPA programs on Indian reservation lands.
This Policy concerns more than one hundred federally-recognized
Tribal Governments and the environment of a geographical area that is
larger than the combined area of the States of Maryland, New Jersey,
Connecticut, Massachusetts, Vermont, New Hampshire and Maine. It is an
important sector of the country, and constitutes the remaining lands of
America's first stewards of the environment, the American Indian Tribes.
The Policy places a strong emphasis on incorporating Tribal Govern-
ments into the operation and management of EPA's delegable programs.
This concept is based on the President's Federal Indian Policy published
on January 24, 1983 and the analysis, recommendations and Agency input
to the EPA Indian Work Group's Discussion Paper, Administration of
Environmental Programs on American Indian Reservations (July 1983).
TIMING AND SCOPE
Because of the importance of the reservation environments, we must
begin immediately to incorporate the principles of EPA's Indian Policy
into the conduct of our everyday business. Our established operating
procedures (including long-range budgetary and operational planning acti-
vities) have not consistently focused on the proper role of Tribal Govern-
ments or the special legal and political problems of program management
on Indian lands. As a result, it will require a phased and sustained
effort over time to fully implement the principles of the Policy and to
take the steps outlined in this Guidance.
65
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Some Regions and Program Offices have a".-eac;- ~".:e • idi vi i;>] starts
along the lines of the Policy and Guidance. I j-eHeve .f-at i clear
Agency-wide policy will enable all programs to build on these efforts so
that, within the limits of our legal and budgetary constraints, the Agency
as a whole can make respectable progress in the next year.
As we begin the first year of operations under the Indian Policy, *e
cannot expect to solve all of the problems we will face in administering
programs under the unique legal and political circumstances presented by
Indian reservations. We can, however, concentrate on specific priority
problems and issues and proceed to address these systematically and care-
fully in the first year. With this general emphasis, I believe that we
can make respectable progress and establish good precedents for working
effectively with Tribes. By working within a manageable scope and pace,
we can develop a coordinated base which can be expanded, and, as appropriate,
accelerated in the second and third years of operations under the Policy.
In addition to routine application of the Policy and this Guidance in
the conduct of our everyday business, the first year's implementation effort
will emphasize concentrated work on a discrete number of representative
problems through cooperative programs or pilot projects. In the Regions,
this effort should include the identification and initiation of work on
priority Tribal projects. At Headquarters, it should involve the resolution
of the legal, policy and procedural problems which hamper our ability to
implement the kinds of projects identified by tne Regions.
The Indian Work Group (IWG), which is chaired by the Director of the
)ffice of Federal Activities and composed of representatives of key regional
i..d headquarters offices, will facilitate ar.d coordinate these efforts.
."ie IWG will begin immediately to help identify the specific projects
.<,-.'c.n may be ripe for implementation and the problems needing resolution
';•! k-,e first year.
Because we are starting in "mid-stream," the implementation effort
••nil necessarily require some contribution of personnel time and funds.
n'hile no one program will be affected in a major fashion, almost all Agency
programs are affected to some degree. I do not expect the investment in
projects on Indian Lands to cause any serious restriction in the States'
funding support rr '.i their ability to function effectively. i preserve
the flexibility of each Region and each program, we have "Tt set a target
for allocation of FY 85 funds. I am confident, however, tnat Regions and
program offices can, through readjustment of existing resources, demonstrate
significant and credible progress in the implementation of EPA's Policy in
the next year.
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ACTION
Subject to these constraints, Regions and program managers should now
initiate actions to implement the principles of the Indian Policy. The
eight categories set forth below will direct our initial implementation
activities. Further guidance will be provided by the Assistant Adminis-
trator for External Affairs as experience indicates a need for such guidance.
1. THE ASSISTANT ADMINISTRATOR FOR EXTERNAL AFFAIRS WILL SERVE AS
LEAD AGENCY CLEARINGHOUSE AND COORDINATOR FOR INDIAN POLICY MATTERS.
This responsibility will include coordinating the development of
appropriate Agency guidelines pertaining to Indian issues, the
implementation of the Indian Policy and this Guidance. In this effort
the Assistant Administrator for External Affairs will rely upon the
assistance and support of the EPA Indian Work Group.
2. THE INDIAN WORK GROUP (IWG) WILL ASSIST AND SUPPORT THE ASSISTANT
ADMINISTRATOR FOR EXTERNAL AFFAIRS IN DEVELOPING AND RECOMMENDING DETAILED
GUIDANCE AS NEEDED ON INDIAN POLICY AND IMPLEMENTATION MATTERS. ASSISTANT
ADMINISTRATORS, REGIONAL ADMINISTRATORS AND THE GENERAL COUNSEL SHOULD
DESIGNATE APPROPRIATE REPRESENTATIVES TO THE INDIAN WORK GROUP AND PROVIDE
THEM WITH ADEQUATE TIME AND RESOURCES NEEDED* TO CARRY OUT THE IWG'S
RESPONSIBILITIES UNDER THE DIRECTION OF THE ASSISTANT ADMINISTRATOR FOR
EXTERNAL AFFAIRS.
The Indian Work Group, (IWG) chaired by the Director of the Office of
Federal Activities, will be an important entity for consolidating the
experience and advice of the key Assistant and Regional Administrators on
Indian Policy matters. It will perform the following functions: identify
specific legal, policy, and procedural impediments to working directly
with Tribes on reservation problems; help develop appropriate guidance
for overcoming such impediments; recommend opportunities for implementation
of appropriate programs or pilot projects; and perform other services in
support of Agency managers in implementing the Indian Policy.
The initial task of the IWG will be to develop recommendations and
suggest priorities for specific opportunities for program implementation
in the first year of operations under the Indian Policy and this Guidance.
To accomplish this, the General Counsel and each Regional and Assistant
Administrator must be actively represented on the IWG by a staff member
authorized to speak for his or her office. Further, the designated
representative(s) should be afforded the time and resources, including
travel, needed to provide significant staff support to the work of the
IWG.
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3. ASSISTANT AND REGIONAL ADMINISTRATORS SHOULD UNDERTAKE ACTIVE OUTREACH AND
LIAISON WITH TRIBES, PROVIDING ADEQUATE INFORMATION TO ALLOW THEM TO WORK
WITH US IN AN INFORMED WAY.
In the first thirteen years of the Agency's existence, we have worked
hard to establish working relationships with State Governments, providing
background information and sufficient interpretation and explanations to
enable them to work effectively with us in the development of cooperative
State programs under our various statutes. In a similar manner, EPA managers
should try to establish direct, face-to-face contact (preferably on the
reservation) with Tribal Government officials. This liaison is essential to
understanding Tribal needs, perspectives and priorities. It will also foster
Tribal understanding of EPA's programs and procedures needed to deal effec-
tively with us.
4. ASSISTANT AND REGIONAL ADMINISTRATORS SHOULD ALLOCATE RESOURCES TO MEET
TRIBAL NEEDS, WITHIN THE CONSTRAINTS IMPOSED BY COMPETING PRIORITIES AND BY
OUR LEGAL AUTHORITY.
As Tribes move -to assume responsibilities similar to those borne by EPA
or State Governments, an appropriate block of funds must be set aside to
support reservation abatement, control *and compliance activities.
Because we want to begin to implement the Indian Policy now, we cannot
wait until FY 87 to formally budget for programs on Indian lands. Accordingly,
for many programs, funds for initial Ind'ci projects in FY 85 and FY 86
will need to come from resources currently planned for succor*. to ZPA-and
State-managed programs meeting similar objectives. As I !>t-:e>- earlier, we
Jo not expect to resolve all problems and address all environmental needs on
^enervations immediately. However, -.c Can make a significant beginning
unduly restricting our ability to fund ongoing programs.
I am asking each Assistant Administrator and Regional Administrator to
take Tieasures within his or her discretion and authority to provide sufficient
staff time and grant funds to allow the Agency to initiate projects on Indian
iana; i,. TY 85 and FY 86 that will constitute a respectable step towards
implementation of the Indian Policy.
5. ASSISTANT AND REGIONAL ADMINISTRATORS, WITH LEGAL SUPPORT PROVIDED BY THE
GENERAL COUNSEL, SHOULD ASSIST TRIBAL GOVERNMENTS IN PROGRAM DEVELOPMENT AS
THEY HAVE DONE FOR THE STATES.
The Agency has provided extensive staff work and assistance to State
Governments over the years in the development of environmental programs
and program management capabilities. This assistance has become a routine
aspect of Federal /State relations, enabling and expediting the States'
assumption of delegable programs under the various EPA statutes. This "front
end" investment has promoted cooperation and increased State involvement
in the regulatory process.
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As the Agency begins to deal with Tribal Governments as partners in
reservation environmental programming, we will find a similar need for EPA
assistance. Many Regional and program personnel have extensive experience
in working with States on program design and development; their expertise
should be used to assist Tribal Governments where reeded.
6. ASSISTANT ADMINISTRATORS, REGIONAL ADMINISTRATORS AND THE GENERAL
COUNSEL SHOULD TAKE ACTIVE STEPS TO ALLOW TRIBES TO PROVIDE INFORMED INPUT
INTO EPA'S DECISION-MAKING AND PROGRAM MANAGEMENT ACTIVITIES WHICH AFFECT
RESERVATION ENVIRONMENTS.
Where EPA manages Federal programs and/or makes decisions relating
directly or indirectly to reservation environments, full consideration and
weight should be given to the public policies, priorities and concerns of the
affected Indian Tribes as expressed through their Tribal Governments. Agency
managers should make a special effort to inform Tribes of EPA decisions and
activities which can affect their reservations and solicit their input as we
have done with State Governments. Where necessary, this should include provid-
ing the necessary information, explanation and/or briefings needed to foster
the informed participation of Tribal Governments in the Agency's standard-
setting and policy-making activities.
7. ASSISTANT AND REGIONAL ADMINISTRATORS SHOULD, TO THE MAXIMUM FEASIBLE
EXTENT, INCORPORATE. TRIBAL CONCERNS, NEEDS AND PREFERENCES INTO EPA'S POLICY
DECISIONS AND PROGRAM MANAGEMENT ACTIVITIES AFFECTING RESERVATIONS.
It has been EPA's practice to seek out and accord special con?Herati~
to local interests and concerns, within the limits allowa-- .v our statutory
mandate and nationally established criteria and standards. Consistent with
the Federal and Agency policy to rercjr.izs Tribal Governments as the primary
voice for expressing public policy on reservations, EPA managers should, within
the limits of their flexibility, seek and utilize Tribal input and preferences
in those situations where we have traditionally utilized State or local input.
We recognize that conflicts in policy, priority or preference may arise
Tct.^r rtates and Tribes as it does between neighboring States. As in the
:as^ of conflicts between neighboring States, EPA will encourage early communi-
cation and cooperation between Tribal and State Governments to avoid and resolve
such issues. This is not intended to lend Federal support to any one party in
its dealings with the other. Rather, it recognizes that in the field of environ-
mental regulation, problems are often shared and the principle of comity between
equals often serves the interests of both.
Several of the environmental statutes include a conflict resolution mechan-
ism which enables EPA to use its good offices to balance and resolve the con-
flict. These procedures can be applied to conflicts between Tribal and State
Governments that cannot otherwise be resolved. EPA can play a moderating role
by following the conflict resolution principles set by the statute, the Federal
trust responsibility and the EPA Indian Policy.
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8. ASSISTANT ADMINISTRATORS, REGIONAL ADMINISTRATORS AND THE GENERAL COUNSEL
SHOULD WORK COOPERATIVELY WITH TRIBAL GOVERNMENTS TO ACHIEVE COMPLIANCE WITH
ENVIRONMENTAL STATUTES AND REGULATIONS ON INDIAN RESERVATIONS, CONSISTENT
WITH THE PRINCIPLE OF INDIAN SELF-GOVERNMENT.
The EPA Indian Policy recognizes Tribal Governments as the key
governments having responsibility for matters affecting the health and
welfare of the Tribe. Accordingly, where tribally owned or managed
facilities do not meet Federally established standards, the Agency will
endeavor to work with the Tribal leadership to enable the Tribe to
achieve compliance. Where reservation facilities are clearly owned or
managed by private parties and there is no substantial Tribal interest
or control involved, the Agency will endeavor to act in cooperation with the
affected Tribal Government, but will otherwise respond to noncornpl iance by
private parties en Indian reservations as we do to noncompliance by the
private sector off-reservation.
Actions to enable and ensure compliance by Tribal fa-.:: . ities with
Federal statutes and regulations include providing consultation and
technical support to Tribal leaders and managers concerning the impacts
of noncompl iance' on Tribal health and the reservation environment
and steps needed to achieve such compliance. As appropriate, EPA may
also develop compliance agreements with Tribal Governments and work
cooperatively with other Federal agencies to assist Tribes in meeting
Federal standards.
Because of the unique legal and political status of Indian Tribes
in the Federal System, direct EPA actions against Tribal facilities
through the judicial or administrative process will be considered where
Che Agency determines, in its judgment, that: (1) a significant threat to
human health or the environment exists, (2) such action would reasonably be
expected to achieve effective results in a timely manner, and (3) the Federal
Government cannot utilize other alternatives to correct the problem in a
timely fashion. Regional Administrators proposing to initiate such action
should first obtain concurrence from the Assistant Administrator for Enforce-
ment and Compliance Monitoring, who will act in consultation with the Assis-
tant Administrator for External Affairs and the General Counsel. In emergency
situations, the Regional Administrator may issue emergency Temporary Restrain-
ing Orders, provided that the appropriate procedures set forth in Agency
delegations for such actions are followed.
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9. ASSISTANT ADMINISTRATORS, REGIONAL ADMINISTRATORS AND THE GENERAL COUNSEL
SHOULD BEGIN TO FACTOR INDIAN POLICY GOALS INTO THEIR LONG-RANGE PLANNING AND
PROGRAM MANAGEMENT ACTIVITIES, INCLUDING BUDGET, OPERATING GUIDANCE, MANAGEMENT
ACCOUNTABILITY SYSTEMS AND PERFORMANCE STANDARDS.
In order to carry out the principles of the EPA Indian Policy and work
effectively with Tribal Governments on a long-range basis, it will be necessary
to institutionalize the Agency's policy goals in the management systems that
regulate Agency behavior. Where we have systematically incorporated State needs,
concerns and cooperative roles into our budget, Operating Guidance, management
accountability systems and performance standards, we must now begin to factor the
Agency's Indian Policy goals into these same procedures and activities.
Agency managers should begin to consider Indian reservations and Tribes
when conducting routine planning and management activities or carrying out
special policy analysis activities. In addition, the IWG, operating under the
direction of the Assistant Administrator for External Affairs and with
assistance from the Assistant Administrator for Policy, Planning and Evaluation,
will identify and recommend specific steps to be taken to ensure that Indian
Policy goals are effectively incorporated and institutionalized in the Agency's
procedures and operations.
Attachment
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