United States Office of Way 1987 (Environmental Protection Federal Activities Agency Washington DC 20460 EPA Activities on Indian Reservations: FY 86 ------- ENVIRONMENTAL PROTECTION AGENCY FY 86 ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS Introduction 2 Observations 3 Program Highlights 4 FY 86 Funding Matrix 6 Program Summaries 7 Office of Air and Radiation 9 Office of Water 11 Clean Water Act Programs 13 Safe Drinking Water Act Programs - UIC 16 Safe Drinking Water Act Programs - PWSS 18 Office of Pesticides and Toxic Substances 25 Office of Solid Waste and Emergency Response 28 RCRA Programs 29 CERCLA Programs 33 Office of Federal Activities 35 Office of General Counsel 40 Attachments: EPA Indian Policy and Implementation Guidance List of EPA Regional Indian Coordinators Glossary - 1 - ------- 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 regula- tory and program management responsibilities. Since the publication of this policy EPA nas focused on three major areas: (1) seeking amendments to environmental statutes in order to clarify the role of tribal governments in this area; (?) 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 all of these areas; we expect that future progress will be greater. While funds per se did not increase in FY 86, funds are not the only mark of progress. We believe that the steps we have taken will provide an effective framework for future funding increases directed to Indian-related environmental activities. - 2 - ------- OBSERVATIONS 1. In FY 86, EPA expended approximately $2.9 million and 39 workyears on environmental activities on Indian reservations. 2. The decrease in reported funding from FY 85's $5.7 million level was caused by two phenomena: » (a) The FY 85 report was a first attempt at gathering this information, and a substantial amount of FY 84 "carry-over" funds were reported because the funded activities were occurring in FY 85. (b) There were fewer large - scale construction projects - wastewater treatment facility construction and Superfund sites. Program grant funding, however, remained fairly stable. 3. This report does include activities that were performed during FY 86, although every attempt has been made to exclude the dollar figure where FY 85 funds were used. 4. Region III does not have any federally-recognized Indian tribes on reservations, therefore, there is no activity reported. Regions I, II, IV-X all have tribes, varying from a few in the eastern regions to large numbers in the western regions. The level of effort by regions generally correlates with this, but again, there are instances where a few large-scale projects inflate the funding figures in some regions, i.e., $535,000 for a wastewater treatment construction in Region IV, and $33,600 for a superfund clean-up of the Celtor Chemical site in Region IX. 5. The format of this report is similiar to the FY 85 report, showing the distribution of funding and work years by media programs, by regions, and an overall FY 86 funding summary matrix. We have added a section on program highlights, where program and regional offices have under- taken specific activities that have furthered the agency's Indian policy. We have also added a list of EPA Regional Indian Coordinators. The coordinators are responsible for general Indian policy coordination in the EPA regional offices. - 3 - ------- FY 86 PROGRAM HIGHLIGHTS Office of Mater ° The new Safe Drinking Water Act (SDWA) amendments allow for Indian Tribes to receive primary enforcement responsibility for the Under- ground Injection Control (UIC) and Public Water Supply Systems (PWSS) programs. Indian tribes can also participate in the new sole source aquifer demonstration and wellhead protection programs. Regulations implementing the amendments are expected by Fall 1987. 0 Underground Injection Control (UIC) programs tailored to the specific needs of the Navajo Nation, the Ute Mountain Ute in Colorado, and all other Indian Lands in New Mexico and Oklahoma not currently covered by programs have been developed. A generic Federal UIC program has also been developed concurrently covering all Indian Lands not presently covered by an approved UIC program. Both programs are expected to become final in FY 87. 0 EPA has agreed to promulgate the water quality standards developed and submitted by the Confederated Colville Tribes. The Colville Tribes have been working on developing a water quality management plan, as a pilot project. Office of Solid Waste and Emergency Response ° The Superfund Amendments and Reauthorization Act (SARA) of 1986 contains Indian tribal provisions that would fund clean-ups 100% for Indian reservation sites on the National Priorities List. The Superfund program office is currently examining options for SARA implementation with tribal governments. Issues to be addressed include operation and maintenance assurances (tribes will be exempt), defining tribal role in regional response teams, and federal enforcement responsibility regarding responsible parties. ° The Underground Storage Tank (UST) notification program modified its approach to include Indian tribes; Region IX has taken a lead in ensuring that the UST program considers tribal interests. ° A Memorandum of Agreement is being developed with EPA, the Menominee Tribe, and the Wisconsin Department of Natural Resources to regulate transport, storage and disposal of hazardous waste as a pilot project supported by Region V. Office of Air and Radiation ° The Navajo Nation Air Quality pilot project in Region IX is working on the development of an approvable Tribal Implementation Plan (TIP) which will include visibility standards. - 4 - ------- Office of Pesticides and Toxic Substances ° EPA approved the Ft. Berthold Pesticides Certification Plan and entered into a cooperative agreement for enforcement of pesticides use and misuse on the Ft. Berthold Indian reservation in North Dakota. This is the first pesticides delegation to an Indian tribe nation-wide and has survived considerable controversy from the non-Indian reservation residents. Office of Federal Activities 0 A national environmental survey, funded in FY 85 through a contract with the Americans for Indian Opportunity, Inc. (AIO), which assessed environmental conditions on 51 Indian reservations has been completed. The survey indicated that solid waste, water quality, and hazardous waste were among the top environmental concerns of tribal governments. The report established baseline environmental data for these reservations, and will assist EPA in the implementation of the EPA Indian Policy. The report has been distributed to all tribal governments, Congress, and interested state and federal agencies. 0 A computerized database is being developed using the results of the AIO environmental survey. This information will be supplemented by additional technical environmental data from EPA, the Indian Health Service, and the Bureau of Indian Affairs, to establish a central database of environmental conditions on Indian reservations to be used by EPA and tribal governments. It will also accommodate additional data as they are collected in the future. ° In FY 86, the Office of Federal Activities developed an umbrella Memorandum of Understanding between EPA and the Indian Health Service addressing the responsibilities and interests of both agencies regarding the environment and public health on American Indian reservations. It is envisioned that the MOU will be used by EPA regional offices to facilitate coordination with IHS field representatives. 0 An interim strategy for implementing the EPA Indian Policy was issued at the beginning of FY 86, and has been out for review and comments. The strategy will be updated and issued as final in FY 87. The strategy will serve as a framework for directing agency actions in providing environmental protection to Indian reservation lands. 0 The Office of Federal Activities has coordinated the development of a multi-media training program, funded by the Office of Drinking Water, Office of Solid Waste, and the Office of Research and Development, by Green River Community College in Washington State. There will be two courses taught, one in Washington State, and the other in New Mexico. The course is geared to meet the environmental manpower needs of tribal managers and decision-makers potentially accountable for management of EPA programs, in particular, drinking water, wastewater, and solid waste programs on tribal lands. - 5 - ------- FY 86 ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS CAA CWA SDWA-UIC SDWA-PWSS FIFRA/TSCA RCRA CERCLA MULTI-MEDIA OGC TOTAL Reg. Funding Level FTE Funding Level FTE Fundi Level ig FTE Funding Level FTE Fundi ng Level FTE Fundi ng Level FTE Fundir Leve ig FTE Funding Level FTE Fundir Leve' ig FTE Funding Level FTE I 50.0 .05 .05 50.0 .10 II .10 6.4 .50 .20 10.0 .10 16.4 .90 III IV .03 .17 .06 .10 .01 .37 V 68.8 .41 .47 30.4 .50 30.7 .79 .01 .30 .40 50.0 1.00 .05 179.9 3.93 VI 78.0 11.50 27.0 .07 40.0 .50 .15 245.0 12.22 VII 535.0 .35 .8 .25 10.0 .75 10.0 .20 .10 555.8 1.65 VIII 545.5 2.82 10.0 .30 31.2 .78 76.0 .69 126.5 1.33 .20 90.0 1.50 .31 879.2 7.93 IX .55 .25 .20 126.6 4.00 230.9 .50 .75 33.6 70.0 1.00 .10 461.1 7.35 X .07 .18 20.0 .40 .20 .32 .04 50.0 .50 .30 70.0 2.01 HQ * 15.0 264.4 * 10.0 ** 125.0 2.50 .15 414.4 2.65 TOTAL 614.3 3.85 545.0 1.58 240.4 13.33 311.7 7.30 621.8 2.04 10.0 1.70 33.6 .64 495.0 7.451 1.22 2871.8 39.11 ($000) * Multi-media Training Project ** 90.0 Computerized Database 5.0 AIO Report 5.0 Environmental Conference 25.0 Multi-Media Training (ORD) $125.0 - 6 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 THE OFFICE OF AIR AND RADIATION The Clean Air Act authorizes a nationwide program of planning, regulation, enforcement and research for 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 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 19801s focuses on six major program objectives. They are as follows: 0 Achieve national ambient air quality standards (NAAQS's) to protect public health. ° Reduce the risk of exposure to hazardous air pollutants. 0 Increase the capacity and improve the effectiveness of state and local air quality agencies. 0 Ensure NAAQS's based on accurate, up-to-date information on public health and other effects. 0 Review policy alternatives and strategy options available to address acid deposition. 0 Develop and support programs to maintain environmental quality and address new air quality problems. Each of these six program objectives correspond to one of two fundamental goals of EPA. The first two program objectives correspond to the EPA goal to "redress previously neglected problems and restore environmental quality to acceptable levels." The last three program objectives correspond to the EPA goal to "anticipate and prevent future environmental problems and maintain high levels of environmental quality." The third objective to strengthen State and local agencies addresses both goals. - 7 - ------- 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. Descriptions of technical and financial assistance programs available from tf- Office of Air and Radiation as stated in the Office of Management and Budget's June 1984 Catalog of Federal Domestic Assistance are: program description nmrm:—non-financea 0 66.001 AIR POLLUTION CONTROL PROGRAM GRANTS * 0 66.003 AIR POLLUTION CONTROL MANPOWER TRAINING GRANTS * o 66.006 AIR POLLUTION CONTROL-TECHNICAL TRAINING... * 0 66.007 AIR POLLUTION CONTROL- NATIONAL AMBIENT AIR AND SOURCE EMISSION DATA * o 66.009 AIR POLLUTION CONTROL-TECHNICAL INFORMATION SERVICES * - 8 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF AIR AND RADIATION ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OAR Region V $68,831 0.32 F/A Air grant was provided to White Earth Reservation to develop, improve, and main- tain programs for assess- ment of air quality levels, and to develop an emissions inventory. Also to moni- tor for acid rain precipi- tation and wood burning, and to analyze filters for heavy metals & pesticides. OAR Region V $20.0 0.04 T/A A CERT technical assis- tance contract to develop an air management plan for Oneida Reservation. Region V Indian Coordinator was project officer. OAR Region V O.OS T/A Provided by Air Manage- ment staff to the Oneida Reservation in regards to Ft. Howard Paper Co. OAR Region VIII $449,133 0.52 F/A Provide grants to 9 Reser- vations for air monitoring and program development. These reservations will complete emissions inven- tories and air quality climatology and will begin developing regulations and ordinances for each reservation. OAR Region VIII $27,126 1.6 T/A Air quality monitoring assistance by the State of Montana including equip- ment servicing and loca- tion selection. Coordina- tion between reservations and state program activi- ties. This assistance is available to all tribes receiving Air Quality Monitoring Grants. OAR Region VIII 0.2 T/A A project officer provides training in handling and interpreting air quality data. Tribes are brought in for consultation. * FY 85 funds are reported here, because the actual work occurred in FY 86, although they are not included in the overall funding summary for FY 86. - 9 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF AIR AND RAO IAT ION ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OAR Region VIII $69,303 T/A A Council of Energy Resource Tribes officer provides assistance in developing grant applica- tions, data analyses, program design, and emission inventory. OAR Region VIII 0.2 Outreach Outreach activities include telephone contact, moni- toring visits, and distri- bution of information. An attempt is made to maintain weekly contact. OAR Region VIII 0.3 D/I A personnel commitment to directly implement the deve- lopment of the air program. OAR Region IX $130.0 F/A Navajo Air Quality Project to develop tribal air pro- gram. OAR Region IX $20.0 0.05 F/A Follow-up on the Navajo air pilot project. OAR Region IX 0.5 D/I Response to miscellaneous tribal requests regarding air issues; participation in NEPA review of Black Mesa mining operations; response to Navajo and Hopi requests for air management informa- tion outside the air grant program; conducting site inspections, and providing report review and equip- ment loans to measure rad- iation at abandoned uran- ium mine sites. Partici- pation in Navajo Visibili- ty Workshop by senior mgt. OAR Region X 0.05 Outreach Provide information to tribes regarding EPA air programs and funding. OAR Region X 0.02 D/I Working to achieve compliance of plywood mill on Warm Springs reservation with air air emissions targets. *These are FY 85 funds, but actual work did not begin until FY 86, they are reported here, but not counted in the overall funding summary for FY 86. - 10 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 THE OFFICE OF WATER The EPA together with state 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 ground waters needed for human consumption. The final area concerns maintaining the purity of drinking water. EPA and states also implement programs to protect ground water quality authorized under several different statutes and described in the recently published ground water 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: 0 (SDWA) Ensure that drinking waters are free from harmful contaminants, protect ground-water from contamination by underground injection, and support state ground-water quality management initiatives. 0 (CWA) Restore and maintain the chemical, physical, and biological integrity of the nation's water. 0 (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 government authorities). The Ground Water Protection Strategy, though not a statute, supports states in development and implementation of ground water protection programs. It also provides a common policy basis for all EPA Ground Water Program activities. The Safe Drinking Water Act establishes two programs through which the EPA can fulfill its mandate of ensuring that drinking waters are free from harmful contaminants. The first one is the Public Water Supply Supervision Program. This Program focuses on providing safe drinking water to users of Public Water Systems. This Program is currently the most active on Indian reservations today according to the reports received from the regions. The Act also estab- lished a second Program, the Undergound Injection Control Program (UIC) to protect groundwater supplies that are or might be sources of drinking water from contamination by subsurface placement of fluids by well operators. The 1986 Amendments to the Safe Drinking Water Act created two new ground-water - 11 - ------- protection programs. The first, the sole source acquifer demonstration program, provides funds to state or local political units to demonstrate unique ground-water protection activities. The second, the wellhead protec- tion program, provides funds to states to protect the area around the public drinking water wells or wellfields. The Clean Water Act provides a comprehensive structure for water pollu- tion control. The Act provides for establishment of technology-based and water qualitybased controls for sources of pollutants, state 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. - 12 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF WATER CLEAN WATER ACT PROGRAMS ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OW-CWA programs Region IV 0.03 D/I Visit each of the reser- vations during the year and inspect the wastewater treatment plant(s) to determine compliance, and to issue NPDES permits. OW-CWA programs Region V $20.0 0.02 T/A A CERT technical assistance project to develop a water management plan for the Menominee reservation. Region V Indian coordinator is project officer. OW-CWA programs Region V 0.05 T/A Section 314, Clean Lakes Grant, phase 1 diagnostic feasibility study. Pro- vides for research to gather data on 4 tribal lakes and their water- sheds and development of management plans for each lake. OW-CWA programs Region V 0.15 T/A Developing NPDES permits to correct existing pollu- problems. Working with reservation representatives to establish wastewater treatment facilities and to train officers. OW-CWA programs Region V 0.15 D/I Draft public notices and prepare NPDES permits for issuance. OW-CWA programs Region V 0.1 D/I Identify all NPDES dis- charges on tribal lands, as well as compliance problems associated with these. OW-CWA programs Region VII 0.1 D/I Wrote an NPDES permit for the Mesquakie Indian Settlement, Tama, Iowa (Sac & Fox) * FY 85 funds are reported here, because the actual work occurred in FY 86, although they are not included in the overall funding summary for FY 86. - 13 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF WATER CLEAN WATER ACT PROGRAMS ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION UW-CWA programs Region VII IS'ib. 0 0.25 h/A Construction of a 4-ce 11 complete retention lagoon including modification of a lift station, force main rip-rapping, emergency generator and perimeter fencing. All construction by Force Account using tribal equipment and labor Project is for Omaha Tribe of Macy, Nebraska in coordination with the Corps of Engineers, IHS, and the Nebraska Dept. of Environmental Control. OW-CWA programs Region VIII $10.0 0.30 T/A D/I Direct implementation and program operation technical assistance on reservations. OW-CWA programs Region IX 0.25 D/I NPDES inspections on reservations with most activity in Arizona. OW-CWA programs Region X 0.02 Outreach Keep Columbia River Inter- tribal Fish Commission informed of states' water quality standards activities and coordinate reviews of USFS National Forest Planning Documents. OW-CWA programs Region X 0.01 Outreach Inform Colville Confederated Tribes of water quality standards issues. - 14 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF MATER CLEAN MATER ACT PROGRAMS ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION UW-CWA programs Region X U.U2 D/I Assist Colvi1le Confederated Tribes in federal promulgation of tribal water quality standards. OW-CWA programs Region X 0.03 D/I Working to achieve com- pliance of plywood mill on Warm Springs Reserva- tion with NPDES permit. OW-CWA programs Region X 0.10 D/I Administration of 208 Grant to Colville Confederated Tribes, and consultation with tribes on NPDES program. OW-CWA programs HQ - OMPC Outreach In response to the Indian Policy and in anticipation of reauthorization of the CWA, OMPC is working with the IHS for the purpose of assessing Indian waste- water treatment needs. The ensuing report will be delivered to Congress as part of the 1986 Needs Survey Report. OW-CWA programs HQ - OMPC Outreach Also in anticipation of reauthorization of the CWA OMPC staff has visited IHS, BIA, tribal government and state representatives to evaluate implementation options for the proposed amendment. Soliciting in- put from tribal government representatives in order to develop implementation options that respond to Indian circumstances and views. OW-CWA programs HQ - OMPC Outreach A concept paper describing proposed implementation of the reauthorized CWA will be distributed to tribes for comment prior to regulation development. - 15 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF WATER SAFE DRINKING WATER PROGRAMS - UIC ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OW-Safe Drinking Water programs -UIC Region II 0.10 D/I Administration of a UIC program for the Seneca Nation. OW-Safe Drinking Water programs -UIC Region V $30,385 0.50 T/A The funds will pay a con- tractor, the Minnesota Rural Water Assn., to hire a person of Indian descent to provide gener- al information to inter- ested tribal personnel about injection wells. The contracted employee will also complete and forward to EPA an inven- tory of all injection wells on tribal lands in Region V, including location and classifica- tion. OW-Safe Drinking Water programs -UIC Region VI D/I We plan to propose UIC regulations in the Federal Register for Indian lands in Oklahoma and New Mexico. For the Osage tribe in Oklahoma, we plan to propose UIC regulations for Class I injection wells. OW-Safe Drinking Water programs -UIC Region VII $0.8 0.25 D/I State coordinator visits with tribal officials to discuss any UIC activities particularly Class V wells on the reservations. Also will perform field activities to locate any Class V wells. OW-Safe Drinking Water programs -UIC Region VIII $3.2 0.08 T/A Minimum technical assistance provided to Indians. Major assistance provided to well operators Advice is given to help protect tribal aquifers. - 16 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF MATER SAFE DRINKING MATER PROGRAMS - UIC ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION UW-Sate Drinking Mater programs -UIC Region VIII $1.2 U.03 Uutreach Annual CtKI presentation about the UIC program. Information is sent to six states through mail and telephone communication. OW-Safe Drinking Water programs -UIC Region VIII $17.6 0.44 D/I Direct implementation activities in Montana mainly well operators who working on wells on Indian lands. Judith reservation aquifer exemption hearing. OW-Safe Drinking Water programs -UIC Region VIII $9.2 0.23 D/I Respond to HQ development of a "generic" UIC program for Indian lands in UT, WY, & ND. Develop a UIC pro- gram for Navajo & Ute Mtn Ute tribes. Coordinate with other regions, tribes, and HQ review team. In- corporate these regs with generic regs for all other Indian lands. OW-Safe Drinking Water programs -UIC Region IX 0.20 T/A We are participating in a multi-regional effort to develop a UIC program for the entire Navajo reservation. OW-Safe Drinking Water programs -UIC HQ - ODW $178.0 11.5 Grant funds for UIC implementation activities on the Osage Mineral Reserve in Oklahoma. Additionally, EPA has primary enforcement responsibility for 17 Indian land programs in D/I states and 7 full and 5 partial programs in states with primacy. OW-Safe Drinki ng Water programs -UIC HQ - ODW Outreach Promulgation of the generic Federal UIC program on all Indian lands not presently covered by an approved Federal or state program. - 17 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF WATER SAFE DRINKING WATER PROGRAMS - PWSS ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OW-Safe Drinking Water programs -PWSS Region II $6.4 T/A Through grant money from the Office of Drinking Water, Region II has provided funds for PWSS monitoring, testing and for training of reserva- tion staff. OW-Safe Drinki ng Water programs -PWSS Region II 0.5 T/A Direct technical assistance to two tribes on their public water supply (PWS) programs, including sani- tary surveys of eight PWS systems. OW-Safe Drinking Water Programs -PWSS Region IV 0.17 T/A Provided direct technical assistance and information regarding the management of community water systems, including sanitary surveys for inorganic chemicals. OW-Safe Drinking Water programs -PWSS Region V $22.5 0.5 T/A Reservation technical assistance project. Grant to Minn. Rural Water Assoc. Circuit rider Is provided as is technical assistance and information regarding the management of comunity water systems. OW-Safe Drinking Water programs -PWSS Region V 0.25 0/1 Sanitary surveys are conducted at public water supply systems by Region V staff. They collect radiological and inor- ganic chemical samples. OW-Safe Drinking Water programs -PWSS Region V $5.0 D/I Contract labs to analyze samples from the sanitary survey effort above, and from special investigations as needed. OW-Safe Drinking Water programs -PWSS Region V $0.7 0.02 Outreach Outreach activities in- clude the publication of Community Water Systems Q&M Serviceline and par- ticipation in Safe Drink- ing Water workshops. Both drinking water and UIC are presented. - 18 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF WATER SAFE DRINKING WATER PROGRAMS - PWSS ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OW-Safe Drinking Water programs -PWSS Region V 0.02 Outreach Participation in HQ ODW workgroup to establish guidelines/policy for granting primacy to Indian lands. Input will be received from tribes. OW-Safe Drinki ng Water programs -PWSS Region VI $10.0 T/A Training for 16 New Mexico tribes in the management and operation of their water supply systems. OW-Safe Drinking Water programs -PWSS Region VI $10.0 T/A Laboratory costs of the above program. OW-Safe Drinking Water programs -PWSS Region VI $7.0 F/A Project to aid tribes in developing an operator management program to develop a plan to accomo- date and prevent where possible operator turnover. OW-Safe Drinking Water programs -PWSS Region VII $5.2 0.25 T/A Grants to Iowa Rural Water Association, Kansas Dept. of Health 8 Environment, and Nebraska Dept. of Health to provide T/A to Indian water supply operators and data input assistance to the region. OW-Safe Drinking Water programs -PWSS Region VII $4.0 0.25 T/A Interagency Agreement with IHS. IHS/EPA will jointly sponser operator certification training for water supply operators on the reservations. - 19 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF WATER SAFE DRINKING WATER PROGRAMS - PWSS ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OW-Safe Drinking Water programs -PWSS Region VII SO.8 0.25 D/I Indian Lands Coordinator visits individual water supply systems on the reservations and meets with operators and tribal representatives to discuss concerns. OW-Safe Drinki ng Water Programs -PWSS Region VIII 57.0 T/A Provide Operator & Mainte- nance (O&M) training to Indian water system opera- tors through an Inter- Agency Agreement (IAG) with IHS. OW-Safe Drinking Water programs -PWSS Region VIII $2.0 T/A Follow-up on prior effort where an IHS sanitary engineer visited reserva- tions to provide O&M training for operator certification and produc- tion of O&M manuals. OW-Safe Drinki ng Water programs -PWSS Region VIII $27.0 T/A 0 X 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. OW-Safe Drinking Water programs -PWSS Region VIII $35.0 0.15 T/A Water system operator training for Indian operators; development of 0 S H manuals for Indian systems through an IAG with IHS. OW-Safe Drinki ng Water programs -PWSS Region VIII $5.0 D/I IHS runs a circuit of 50 Indian water systems on reservations to collect special samples and ship them to the region for analysis. OW-Safe Dri nki ng Water programs -PWSS Region VIII D/I EPA staff perform sanitary surveys in CO, UT, MT, and WY. The purpose of this survey is to document faci- lity conditions, discover technical assistance needs and update inventory. - 20 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF WATER SAFE DRINKING WATER PROGRAMS - PWSS $(000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OW-Safe Dri nki ng Water programs -PWSS Region VIII 0.04 D/I Sanitary Surveys. OW-Safe Drinking Water programs -PWSS Region VIII 0.5 D/I Direct implementation activities not covered elsewhere are performed by Region VIII staff. These include tracking and monitoring of and compli- ance by water systems with national drinking water regulations and some technical assistance and sanitary surveys. There has been little enforce- ment activity to date. OW-Safe Dri nki ng Water programs -PWSS Region IX S30.0 T/A Grant to Navajo tribe for costs associated with tribal assistance to EPA in implementing portions of the PWSS program. This program is geared to train the tribe for eventual primacy if legislative changes allow. Tribal assistance consists mainly of field surveys and case- by-case follow up on reported violations. OW-Safe Drinking Water programs -PWSS Region IX $5.0 T/A Continuation of a $15.0 IAG with the Tucson Area IHS to fund water system operator training programs and to prepare site- specific O&M manuals. OW-Safe Dri nki ng Water programs -PWSS Region IX $10.0 T/A Continuation of an IAG with the Navajo Area IHS to provide training for approximately 100 water system operators at diffe- rent locations on the Navajo Reservation. - 21 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF WATER SAFE DRINKING MATER PROGRAMS - PUSS ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OW-Safe Drinking Water programs -PWSS Region IX $7.5 T/A Grant to Southern Calif. Tribal Chairmen's Assn. for training in efficient operation of a tribal utility. Course materials will be a training module developed with EPA funding OW-Safe Drinki ng Water programs -PWSS Region IX S30.0 T/A Continuation of an IAG with the Sacramento IHS Program office to fund an O&M advocate position. This person travels to the widely scattered and remote rancherias and reservations of Northern Calif, to to train operators at their water systems. OW-Safe Drinki ng Water programs -PWSS Region IX $15.0 T/A IAG with Sacramento IHS program office to fund a position for an O&M coor- dinator,who will assist in the development and imple- mentation of training pro- grams for water system operators in California. OW-Safe Drinking Water programs -PWSS Region IX $20.0 T/A Continuation of an IAG with Phoenix Area IHS to fund training programs for water system operators and utility organizations on reservations in Nevada and Arizona. This training will include both full courses and workshops on specific subjects. OW-Safe Drinking Water programs -PWSS Region IX $6.6 T/A Contract with Inter-Tribal Council of Arizona to develop a public education program for specific use on Indian lands. Program will teach tribal members about importance of safe drinking water and respon- sibilities of different agencies involved with the PWSS program. - 22 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF WATER SAFE DRINKING WATER PROGRAMS - PWSS ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OW-Safe Drinking Water programs -PWSS Region IX $2.0 D/I Laboratory contract for special sampling in relation to potential microbiological contamination problems. OW-Safe Drinki ng Water programs -PWSS Region IX D/I Region IX staff perform sanitary surveys in NV,AZ, CA, and on the Navajo reservation (AZ,NM,& UT). These surveys are in addi- tion to those done by IHS. OW-Safe Drinking Water programs -PWSS Region IX T/A Region IX Indian Lands PWSS Team is providing T/A in a special project on the Colorado River Indian Tribes' reservation in AZ. addressing pesticide con- tamination of groundwater. OW-Safe Drinking Water programs -PWSS Region IX D/I Logging and tracking re- sults of monitoring reports from some 450 PWSSs located on Region IX Indian lands. This data is used to deter- mine compliance, write annual reports, send out monthly summaries to IHS, inform operators of viola- tions, and follow up with necessary enforcement actions including posting public notice and issuing of emergency administra- tive orders when necessary - 23 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FT 86 OFFICE OF WATER SAFE DRINKING WATER PROGRAMS - PWSS ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OW-Safe Drinking Water programs -PWSS Region IX T/A Revocable license agree- ment to transfer use of EPA mobile laboratory to the Navajo Tribal Utility Authority. Lab will add capability to perform microbiological analyses for the 210 PWSS located on the vast reservation. Lab will also be used to conduct training programs on the Navajo reservation. OW-Safe Drinking Water programs -PWSS Region IX $0.5 T/A Assist Hoopa Valley public utilities district with a special study of cross connections on the 2 community water systems. OW-Safe Drinking Water programs -PWSS Region IX 4.0 D/I Direct implementation of the SDWA on Indian lands including administration of grants, lab support, and supervision. OW-Safe Drinking Water programs -PWSS Region X $20.0 T/A Interagency agreement with IHS to provide sanitary surveys and operator training. OW-Safe Drinking Water programs -PWSS Region X 0.4 D/I Direct implementation of the Safe Drinking Water Act on Indian lands. OW-Safe Drinking Water programs -PWSS HQ - ODW Outreach ODW 1s gearing up for implementation of the SDWA amendments through the formation of an Indian Implementation Workgroup. Membership will include EPA, BIA, and IHS. - 24 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 THE OFFICE OF PESTICIDES AND TOXIC SUBSTANCES The basic authorities for the Pesticides and Toxic Substances Control Programs are the Federal Insecticide, Fungicide, and Rodenticide Act and the Toxic Substances Control Act. Both Acts recognize the inherent risks to human health and the environment from pesticides and toxic chemicals and, at the same time, their numerous benefits. In the Toxic Substances Program, the evaluation of existing chemicals is done under three phases, they are: 1) risk identification, 2) risk evaluation, 3) risk management actions on chemicals which include asbestos, formaldehyde, PCBs, etc. Under the FIFRA Program, EPA registers or licenses all pesticide products marketed or used in the U.S. EPA must approve any use of a pesticide before it may be marketed, and manufacturers must clearly state the conditions of that use on the label. Under FIFRA, the states have primary responsibility for enforcing Federal pesticide registration and use requirements. States may also establish EPA-approved pesticide applicator certification and training programs. In 1986 attention will be given to increasing state and regional participation in the pesticides and toxic substances programs. Participation will be beyond the areas of ordinary participation, i.e., enforcement. There will be greater utilization of the states' and regions' knowledge of existing chemical and pesticide problems. In very complex and potentially burdensome control problems, states and regions will be consulted before final decisions are made. Finally, the regions will be increasingly relied upon for technical assistance to those affected by control programs. This new approach will increase the possibility of greater tribal involvement in these programs. 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 Catalog of Federal Domestic Assistance are: PROGRAM DESCRIPTION FINANCIAL NON-FINANCIAL ° 66.700 Pesticides Enforcement Grants * - 25 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF PESTICIDES AND TOXIC SUBSTANCES ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OPTS Region V 0.01 Outreach A division representative participated as a speaker and presented talks on asbestos: its uses, problems, and health effects. Information packets were provided on the Asbestos School Hazard Abatement Act Loan and Grant Program for use by Indian Reservation Schools. OPTS Region VIII $126,544 F/A There are five Pesticide Cooperative Enforcement grants active in the region. They provide for pesticide applicator certification and enforce- ment programs. OPTS Region VIII 0.20 T/A Inspector training, program information, joint enforcement if requested. OPTS Region VIII 0.30 T/A Program oversight, pesti- cide use, and technical assistance. Efforts are underway to achieve tribal /state/EPA coordination. Enforcement training which involves pesticide problem identification. OPTS Region VIII 0.83 D/I Pesticide enforcement on several reservations. OPTS Region IX $70.0 0.25 F/A T/A This grant to the Navajo Nation enables developing a tribal pesticide code, enforcing FIFRA, conduct- ing a pesticide outreach program on the reservation and providing technical assistance. - 26 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF PESTICIDES AND TOXIC SUBSTANCES ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OPTS Region IX $160,896 0.25 F/A T/A This grant enables the Inter-Tribal Council of Arizona to work with six tribes in Arizona on pesticide issues including enforcement of FIFRA and tribal pesticide ordinances, and to provide technical assistance. OPTS Region X 0.20 D/I Administration of pesticide enforcement grant by Region X Idaho Operations Office on the Ft. Hall Reservation OPTS HQ - Asbestos Action Program $264,434 F/A Under the Asbestos School Hazard Abatement Act, the EPA provides financial assistance in the form of grants to BIA schools for abatement of asbestos hazards in school buildings. In FY 86, EPA offered grants for 38 new BIA asbestos abatement projects in the north- central and southwestern United States. OPTS HQ - Asbestos Action Program Outreach HQ personnel conducted several briefings on the ASHAA loan and grant program for BIA officials in Washington, D.C., and assisted the Bureau in application distribution. - 27 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 THE OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE The programs administered by the Office of Solid Waste and Emergency Response stem from the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). These two programs rank at the top of the agency's priorities for FY 1986 and FY 1987. EPA's goal in this area is to protect public health, welfare and the environment from past, present and future threats posed by hazardous wastes and substances. FY 1986 was the first full year of implementation of the RCRA Amendments of 1984. These amendments greatly expand the scope and authorities associated with the hazardous waste program. The direction of RCRA and CERCLA Programs over the next several years will be greatly influenced by some fundamental issues that will affect their course. One issue that will affect their direction is the importance of ground water protection. Both of these programs are critical in the effort to prevent contamination of ground water. During the next few years concern for ground- water will be the foundation of both RCRA and CERCLA's policies and implementa- tion activities. While the RCRA Amendments of 1984 require corrective action for releases into all media, EPA's and states' initial concentration will be on releases into ground water. Under RCRA and CERCLA, EPA and states now have a full range of enforcement and permitting authorities to achieve sound environmental results, especially where ground water is concerned. EPA's goals in implementing RCRA are to establish and implement a sound and effective regulatory program and ensure that hazardous waste handlers comply with those requirements. Issuing facility-specific permits is the heart of the RCRA program. One of the biggest challenges facing the EPA today is issuing permits. Today's permit decisions set legal precedent. Therefore, careful legal review is required before making these decisions. Once a precedent 1s set, decisions in similiar situations can be fully delegated to program managers. In implementing the CERCLA program, EPA and the states began a concentrated effort to identify all uncontrolled hazardous sites. Once identified these sites are subject to a series of steps to determine whether the site presents a hazard and, if so, what clean up actions are appropriate. The most serious sites are placed on the National Priorities List (NPL) and thus become eligible for long- term remedial action. 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 Catalog of Federal Domestic Assistance are: PROGRAM DESCRIPTION FINANCIAL NON FINANCIAL 0 66.801 HAZARDOUS WASTE MANAGEMENT FINANCIAL ASSISTANCE TO STATES * ° 66.802 HAZARDOUS SUBSTANCE RESPONSE TRUST FUND. * - 28 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE - RCRA PROGRAMS ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OSWtR-RCRA programs Region IV 0.05 D/I Visit each of the reserva tions during the fiscal year to inspect the waste- water treatment plant(s) to carry out RCRA compli- ance inspections as needed. OSWER-RCRA programs Region IV 0.008 Outreach Provide explanation of the Small Quantity Generator Program and the Underground Storage Tank program and furnish bro- chures, copies of regula- tions, and notification forms. OSWER-RCRA programs Region V $41.5 0.08 T/A Hazardous waste management developed for the White Earth reservation following extensive sampling. Pro- ject results will be dis- tributed to all Region V Tribal governments. OSWER-RCRA programs Region V 0.02 D/I All Region V tribes have received information and notification forms for the UST program. The notification forms will be sent to the region and then copies will be fur- nished to the appropriate states. Follow-up and verification of the data will be done by the regional staff. * FY 85 funds are reported here, because the actual work occurred in FY 86, although they are not included in the overall funding summary for FY 86. - 29 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE - RCRA PROGRAMS ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OSWER-RCRA programs Region V 0.20 T/A This is the Menominee pilot project. To date, tribal sol id waste and hazardous rules have been drafted and negotiated, with some refinements still under consideration. During the balance of FY 86, the tribal rules for groundwater and surface water will be developed, and a Memorandum of Agreement between Region V, the tribe, and the Wise. Dept. of Natural Resources will be nego- tiated. MOA will address responsibilities of each party in implementing the regulatory program on the reservation. Technical assistance from Region V will continue throughout the implementation. The program will be promul- gated in the Federal Register. OSWER-RCRA programs Region VI 0.02 D/I IJST notification forms distributed to Indian tribal governments. Work with tribal governments to ensure all tank owners are properly notified for all tanks. OSWER-RCRA programs Region VI 0.05 D/I Inform Indian tribal gov- ernments of UST interim prohibitions against the installation of non-catho- dically protected tanks after May 8, 1985. Provide info on available sources for the tribal govern- ments to secure adequate tanks. Investigate volun- tary compliance program with tribal governments. - 30 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE - RCRA PROGRAMS ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OSWER-RCRA programs Region VII D/I We coordinated with RCRA for the transmittal of UST notifications to tribal governments. OSWER-RCRA programs Region VIII 0.10 D/I Hazardous waste facilities with EPA ID numbers located and identified/ compliance inspection - Skull Valley Reservation OSWER-RCRA programs Region VIII 0.10 D/I Reservation participation in the RCRA UST program by tribes sending UST notification forms to EPA. OSWER-RCRA programs Region IX 0.25 D/I We have contacted al 1 tribal governments in the Region regarding the national UST notification program. We asked tribes to designate UST contacts; and provided them with the notification forms & other related information; coor- dinating with IHS and BIA. OSWER-RCRA prog rams Region IX 0.50 D/I Inspection, compliance and RCRA enforcement actions on Indian lands. OSWER-RCRA programs Region X 0.07 D/I UST notification program implementation. OSWER-RCRA programs Region X 0.05 Outreach Responding to tribal concerns regarding implementation of EPA RCRA programs on Indian lands and providing information regarding a potential hazardous waste incinerator on the Nooksak Reservation. OSWER-RCRA programs Region X 0.20 D/I Addressing state jurisdic- tional issues in authoriza- tion of Washington's RCRA program, and compliance and permitting activities at facilities on reserva- tions, primarily Puyallup. - 31 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE - RCRA PROGRAMS ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OSWER-RCRA programs HQ - OUST D/I Guidance (dated 10/7/86) was issued and Regional UST Coordinators' Conferences were held detailing the notification procedures to be used by tribal governments in meeting the Federal law requiring all owners of USTs to submit notifica- tion forms to the designated state UST agency by 5/8/86. OSWER-RCRA programs HQ - OSW OSW attended a meeting with representatives from OFA, OGC, and OARM to discuss the request from the Region VIII Administrator for authority to provide financial assistance to Region VIII Indian reservations. The participants examined existing delegations to RAs and several funding mechanisms. It was con- cluded that the easiest method for funding the Region's activities was an existing contract between EPA and CERT. OSWER-RCRA programs HQ - OSW $10.0 T/A OSW has been working with OFA on a pilot multi-media training project. - 32 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF SOLID WASTE ANB EMERGENCY RESPONSE - CERCLA PROGRAMS ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OSWER-CERCLA programs Region II 0.20 Outreach Region II Superfund staff and Indian coordinator have been maintaining a close liaison with the St. Regis Mohawk reservation as a remedial investigation is completed on the GM Central Foundry Superfund site which borders on the reservation. OSWER-CERCLA programs Region IV 0/1 Explore progress in inventorying potential CERCLA sites on Indian lands. OSWER-CERCLA programs Region IV Outreach Discuss the preliminary results of the survey of potential hazardous waste sites performed by CERT. OSWER-CERCLA programs Region V 0.40 D/I CERCLA site investigation of Ft. Howard Paper Co. sludge lagoons undertaken in cooperation with State and US Geological Survey. Lagoons lie partially on tribal lands and are sus- pected sources of drink- ing water contamination problems on the Oneida Reservation. Site will undergo CERCLA scoring procedure to determine if it should be placed on Nat'l Priority List. This issue is receiving attention from all pro- gram media in Region V. A number of meetings have been held by the Indian Af fai rs Coordinator. - 33 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE - CERCLA PROGRAMS ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSTST£NCr PROGRAM DESCRIPTION USWER-CERCLA programs Region IX $33.6 ' -n We r ntinue to perform remed al resm- ~e at the Celtor Chemical Works Superfund site on the Hoopa Valley Reservation. Inspections of: Tri-Cities Landfill, Salt River Indian Reservation, Parker Dump, Colorado River Indian Reservation, Cameron, AZ Ore Pile, Navajo Puerco River Site, Navajo. OSWER-CEftCLA programs Region IX D/I Completion of the removal action on the Gila River Reservation. OSWER-CERCLA Region X 0.04 D/I Responding to concerns of Coeur d'Alene Tribe regarding impacts of Bunker Hill Superfund site and conducting survey of health effects of contaminated fish. - 34 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS - FY 86 THE OFFICE OF EXTERNAL AFFAIRS Office of Federal Activities 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 jf 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 multimedia 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 our 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. In addition, support and guidance are given to the regions, where tribal liaison is coordinated by regional Indian coordinators. Additional technical support is provided through a contract with the Council of Energy Resource Tribes (CERT) to provide technical assistance to tribal governments. A national environmental needs survey covering 51 Indian reservations was carried out by OFA through a contract with the Americans for Indian Opportunity, Inc. The purpose of the survey was to gather information on environrnsntal conditions and potential problems on these reservations as a first attempt to establish baseline environmental data. OFA is currently developing a computerized database using the results of the survey. An umbrella MOU was established between EPA and the Indian Health Service addressing the responsibilities and Interests pertaining to the environment and human health on American Indian reservations. The purpose of the MOU is to identify areas of mutual interest and overlapping responsibilities of the two agencies' and to establish a means for coordinating the agencies respective activities. An interim strategy for implementation of the EPA Indian Policy was published. The strategy presents a framework for directing agency actions in providing environmental protection to reservation lands. - 35 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF FEDERAL ACTIVITIES/MULTI-MEDIA ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OFA/Multi- Media Region I S50.0 0.05 T/A Under the CERT technical assistance contract, a Water Quality Management Plan for the Penobscot Nation was developed. OFA/Multi- Media Region II $10.0 T/A Training for the St. Regis Mohawk tribe. OFA/Multi- Media Region II 0.10 Outreach One technical visit with each of the Region's two major tribes to provide specific program assist- ance and/or training. OFA/Multi- Media Region IV 0.06 T/A For purpose of training tribal personnel in environmental programs. OFA/Multi- Media Region IV 0.04 Outreach Met with the 3 tribal organizations to explain EPA Indian policy, deter- mine needs and hear con- cerns of tribal leadership regarding environmental matters; offer technical assistance in all programs Environmental workshop to be held for tribal envi- ronmental staff. OFA/Multi- Media Region V 0.02 Outreach Work with 18 tribal governments in response to the Americans for Indian Opportunity Environmental Survey. OFA/Multi- Media Region V 510.0 0.04 T/A A regional training course was held for all 29 Region V tribes that included state and other federal agency participation. OFA/Multi- Media Region V $60.0 T/A A Great Lakes Indian Fish & Wildlife Commission/ CERT contract to perform an environmental needs survey of 11 commission member tribes - Part 1. * FY 85 funds are reported here, because the actual work occurred in FY 86, although they are not included in the overall funding summary for FY 86. - 36 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF FEDERAL ACTIVITIES/MULTI-MEDIA ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OFA/Multi- Med i a Region V $40.0 0.08 T/A A Great Lakes Indian Fish & Wildlife Commission/ CERT contract to perform an environmental needs survey of 11 commission member tribes. OFA/Multi- Media Region V 0.02 Outreach The Regional Indian Coordi- nator participated in the IHS-Environmental Health Branch annual workshop where an overview of the EPA Indian Program was presented. The coordina- tor also presented an overview of the EPA Indian Program to the DOE Nuclear Repository Site Meeting. A number of meetings have been held with both federal agencies, regional Indian organizations and tribal governments to explain the implications of the Agency's Indian Policy and to determine environ- mental needs. OFA/Multi- Med i a Region V 0.84 D/I Overall Indian Policy coordination and Indian workgroup participant. OF'A/Multi- Media Region VI $20.0 T/A Under the CERT technical assistance contract, an environmental survey was performed for the Sandia Pueblo in New Mexico. OFA/Multi- Media Region VI $40.0 T/A Cherokee Solid Waste Management Plan developed under the CERT contract. OFA/Multi- Media Region VI 0.50 D/I Overall Indian Policy coordination and Indian Workgroup participant. * FY 85 funds are reported here, because the actual work occurred in FY 86, although they are not included in the overall funding summary for FY 86. -37- ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF FEDERAL ACTIVITIES/MULTI-MEDIA ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OFA/Multi- Med i a Region VII $9.0 F/A EPA/Tribal environmental training project with Ind; n Health Service. OFA/Multi- Med i a Region VII 0.20 Outreach D/I Outreach incli'^d estab- lishing contacts and lia- ison relationships with tribal governments. Over- all Indian Policy coordi- nation, including Indian workgroup meetings, confe- rence calls, working with other programs in their involvement with tribes. OFA/Multi - Media Region VII $1.0 F/A Grant to the IHS Aberdeen Area Office as part of a 50/50 match to produce composite air photos of environmentally sensitive areas on the reservations . OFA/Multi- Media Region VIII $25.0 T/A Ft. Berthold solid waste program development under the CERT technical assist. OFA/Multi- Med i a Region VIII $15.0 T/A Northern Ute water manage- ment plan, Part I of the CERT technical assistance. OFA/Multi- Med i a Region VIII $15.0 T/A Northern Ute Water Manage- ment plan, part II of the CERT technical assistance. OFA/Multi- Media Region VIII $25.0 T/A Southern Ute Water Manage- ment Brine Disposal Project under the CERT contract. OFA/Multi- Media Region VIII $40.0 T/A For completion of the sol id waste management plan of the Ft. Berthold pilot project. OFA/Multi- Media Region VIII cr • o fc/=J I F/A EPA/Tribal environmental training workshop for all tribes at CERT conference. OFA/Mul ti- Media Region VIII 0.10 D/I Review of EAs and EISs which relate to or may affect reservations. OFA/Multi- Media Region VIII 1.50 D/I Overall Indian Policy coordination and Indian Workgroup participant. * FY 85 funds are reported here, because the actual work occurred in FY 86, although they are not included in the overall funding summary for FY 86. -38- ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF FEDERAL ACTIVITIES/MULTI-MEDIA ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION OFA/Multi- Med i a Region IX $25.0 T/A An assessment of existing and potential environmen- tal problems on the Colo- rado River Indian Tribes reservation was performed, under the CERT contract. A long-term strategy for tribal regulatory program development & training was done. OFA/Multi- Media Region IX $15.0 T/A Under the CERT contract, a plan for identifying options for protecting surface water quality from oil, gas, and mining activities was developed for the Shoshone Paiute Tribe of Duck Valley. OFA/Multi- Media Region IX $40.0 T/A With Southern California Indian Health Council, made up of 7 tribes, a comprehensive environmen- tal program was developed, focusing on solid waste. OFA/Multi- Media Region IX $10.0 F/A A regional EPA/tribal environmental training conference was held for all tribes in Region IX. OFA/Multi- Media Region IX 1.00 D/I Overall Indian program coordination, and develop- ment of inter-regional proctocol defining roles of Regions VI, VIII and IX with the Navajo Nation. OFA/Multi- Media Region X 0.50 D/I Overall Indian policy co- ordination role and Indian Work Group participant. OFA/Multi- Media Region X $50.0 T/A Funding to CERT to provide technical assistance to two tribes. OFA/Multi- Media HQ $125.0 2.50 F/A Overall national Indian Policy coordination and regional oversight. Funds for development of data- base, training, conference * FY 85 funds are reported here, because the actual work occurred in FY 86, although they are not included in the overall funding summary for FY 86. - 39 - ------- EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 86 OFFICE OF GENERAL COUNSEL ($000) WORK TYPE OF PROGRAM HEADING EXPENDITURE YEARS ASSISTANCE PROGRAM DESCRIPTION ORC Region I 0.05 D/I see HQ below ORC Region IV 0.01 D/I see HQ below ORC Region V 0.05 D/I see HQ below ORC Region VI 0.15 D/I see HQ below, also co-lead for UIC on Indian lands. ORC Region VII 0.10 D/I see HQ below ORC Region VIII 0.10 D/I Review 105 grants & tribal implementation plans (TIP) or federal implementation plans for legal sufficiency. 0.05 D/I Legal research on 105 grants & TIPs under the CAA. 0.05 D/I Review of pesticide dele- gation, federal register notices and informing interested parties. 0.025 D/I UIC delegation and implementation of SDWA. 0.025 D/I Legal research & consul- tations re: haz. waste & solid waste programs. 0.05 D/I Regulatory revision of environmental statutes 0.01 D/I Lead Region Indian Attorney workgroup, conf. calls, memos, meetings. ORC Region IX 0.10 D/I see HQ below ORC Region X 0.30 D/I see HQ below ORC HQ 0.15 D/l Efforts include informal program counseling, preparation of formal opinions, litigation, drafting of proposed legislative changes, and participation in Indian workgroup activities. Also, at the request of OFA, the Indian Attorneys' workgroup has drafted re- visions to EPA regulations to implement the EPA Indian Policy. - 40 - ------- UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHING". ON, D C 20460 OFFICE OF external affairs INDIAN POLICY U.S. ENVIRONMENTAL PROTECTION AGENCY Attached are two documents which were adopted by the Environmental Protection Agency (EPA) on November 8, 1984, relating to Indian Tribes and Federal programs for protection of reservation environments: 1) EPA Policy for the Administration of Environmental Programs on Indian Reservations. 2) Indian Policy Implementation Guidance. These documents lay the groundwork for EPA management of the Agency's regulatory programs on reservation lands. The cornerstones of the Policy and Guidance are the principles of Indian "self-government" and "government-to-government" relations between the Federal Government and Tribal Governments. Through implementation of the Policy, the Agency hopes to realize the long-range objective of including Tribal Governments as partners in decision-making and program management on reservation lands, much as we do with State Governments off-reservation. In the beginning, implementation of the Policy will be slowly paced, as the Agency will need to seek legislative authority in many areas and go through a lengthy budget process before we can carry out the principles of the Policy and directives of the Guidance in a comprehensive manner. In the first year, however, we will begin to seek statutory changes, modify regulations, and work on selected pilot programs. These pilot programs will investigate problems associated i",tn Tribal regulation of water and air quality and the handling and disposal of hazardous materials on reservation lands. The experience will help both EPA and the Tribes develop models for dealing with these problems in the special legal and politicdl context of Indian reservations. Environmental programming that will involve Tribal Governments in the Federal regulatory process on a significant scale is a new endeavor for EPA and Tribes alike. To be successful, we' will need cooperation and assistance from all sectors and would welcome your on-going support. If you have questions or need further information, please contact Leigh Price, National EPA Indian Coordinator, at (202) 382-5051. Attachment ------- ENVIRONMENTAL PROTECTION AGENCY FY 86 ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS Office of External Affairs Office of Federal Activities May 1987 ------- 11/8/84 EPA POLICY FOR THE ADMINISTRATION OF ENVIRONMENTAL PROGRAMS ON INDIAN RESERVATIONS INTRODUCTION The President published a Federal Indian Policy on January 24, 1983, supporting the primary role of Tribal Governments in matters affecting American Indian reservations. That policy stressed two related themes: (1) that the Federal Government will pursue the principle of Indian "self-government" and (2) that it will work directly with Tribal Governments on a "government-to-government" basis. The Environmental Protection Agency (EPA) has previously issued general statements of policy which recognize the importance of Tribal Governments in regulatory activities that impact reservation environments. It is the purpose of this statement to consolidate and expand on existing EPA Indian Policy statements in a manner consistent with the overall Federal position in support of Tribal "self-government" and "government-to-government" rela- tions between Federal and Tribal Governments. This statement sets forth the principles that will guide the Agency in dealing with Tribal Governments and in responding to the problems of environmental management on American Indian reservations in order to protect human health and the environment. The Policy is intended to provide guidance for EPA program managers in the conduct of the Agency's congressionally mandated responsibilities. As such, it applies to EPA only and does not articulate policy for other Agencies in the conduct of their respective responsibilities. It is important to emphasize that the implementation of regulatory programs which will realize thec:- principles on Indian Reservations cannot be accomplished immediately. Effective implementation will take careful and conscientious work by EPA, the Tribes and many others. In many cases, it will require changes in applicable statutory authorities and regulations. It will be necessary co proceed in a carefully phased way, to learn from successes and failures, and to gain experience. Nonetheless, by beginning work on the priority problems that exist now and continuing in the direction established under these principles, over time we can significantly enhance environmental quality on reservation lands. POLICY In carrying out our responsibilities on Indian reservations, the fundamental objective of the Environmental Protection Agency is to protect human health and the environment. The keynote of this effort will be to give special consideration to Tribal interests in making Agency policy, and to insure the close involvement of Tribal Governments in making decisions and managing environmental programs affecting reservation lands. To meet this objective, the Agency will pursue the following principles: ------- -2- 1. THE AGENCY STANDS READY TO WORK DIRECTLY WITH INDIAN TRIBAL GOVERNMENTS ON A ONE-TO-ONE BASIS (THE "GOVERNMENT-TO-GOVERNMENT" RELATIONSHIP), RATHER THAN AS SUBDIVISIONS OF OTHER GOVERNMENTS. EPA recognizes Tribal Governments as sovereign entities with primary authority and responsibility for the reservation populace. Accordingly, EPA will work directly with Tribal Governments as the independent authority for reservation affairs, and not as political subdivisions of States or other governmental units. 2. THE AGENCY WILL RECOGNIZE TRIBAL GOVERNMENTS AS THE PRIMARY PARTIES FOR SETTING STANDARDS, MAKING ENVIRONMENTAL POLICY DECISIONS AND MANAGING PROGRAMS FOR RESERVATIONS, CONSISTENT WITH AGENCY STANDARDS AND REGULATIONS. In keeping with the principle of Indian self-government, the Agency will view Tribal Governments as the appropriate non-Federal parties for making decisions and carrying out program responsibilities affecting Indian reservations, their environments, and the health and welfare of the reservation populace. Just as EPA's deliberations and activities have traditionally involved the interests and/or participation of State Govern- ments, EPA will look directly to Tribal Governments to play this lead role for matters affecting reservation environments. 3. THE AGENCY WILL TAKE AFFIRMATIVE STEPS TO ENCOURAGE AND ASSIST TRIBES IN ASSUMING REGULATORY AND PROGRAM MANAGEMENT RESPONSIBILITIES FOR RESERVATION LANDS. The Agency will assist interested Tribal Governments in developing programs and in preparing to assume regulatory and program management responsibilities for reservation lands. Within the constraints of EPA's authority and resources, this aid will include providing grants and other assistance to Tribes similar to that we provide State Governments. The Agency will encourage Tribes to assume delegable responsibilities, (i.e. responsibilities which the Agency has traditionally delegated to State Governments for non-reservation lands) under terms similar to those governing delegations to States. Until Tribal Governments are willing and able to assume full responsi- bility for delegable programs, the Agency will retain responsibility for managing programs for reservations (unless the State has an express grant of jurisdiction from Congress sufficient to support delegation to the State Government). Where EPA retains such responsibility, the Agency will encourage the Tribe to participate 1n policy-making and to assume appropriate lesser or partial roles 1n the management of reservation programs. ------- -3- 4. THE AGENCY WILL TAKE APPROPRIATE STEPS TO REMOVE EXISTING LEGAL AND PROCEDURAL IMPEDIMENTS TO WORKING DIRECTLY AND EFFECTIVELY WITH TRIBAL GOVERNMENTS ON RESERVATION PROGRAMS. A number of serious constraints and uncertainties 1n the language of our statutes and regulations have limited our ability to work directly and effectively with Tribal Governments on reservation problems. As impediments in our procedures, regulations or statutes are identified which limit our ability to work effectively with Tribes consistent with this Policy, we will seek to remove those Impediments. 5. THE AGENCY, IN KEEPING WITH THE FEDERAL TRUST RESPONSIBILITY, WILL ASSURE THAT TRIBAL CONCERNS AND INTERESTS ARE CONSIDERED WHENEVER EPA'S ACTIONS AND/OR DECISIONS MAY AFFECT RESERVATION ENVIRONMENTS. EPA recognizes that a trust responsibility derives from the his- torical relationship between the Federal Government and Indian Tribes as expressed in certain treaties and Federal Indian Law. In keeping with that trust responsibility, the Agency will endeavor to protect the environmental interests of Indian Tribes when carrying out its responsibilities that may affect the reservations. 6. THE AGENCY WILL ENCOURAGE COOPERATION BETWEEN TRIBAL, STATE AND LOCAL GOVERNMENTS TO RESOLVE ENVIRONMENTAL PROBLEMS OF MUTUAL CONCERN. Sound environmental planning and management require the cooperation and mutual consideration of neighboring governments, whether those governments be neighboring States, Tribes, or local units of government. Accordingly, EPA will encourage early communication and cooperation among Tribes, States and local governments. This is not intended to lend Federal support to any one party to the jeopardy of the interests of the other. Rather, it recognizes that in the field of environmental regulation, problems are often shared and the principle of comity between equals and neighbors often serves the best interests of both. 7. THE AGENCY WILL WORK WITH OTHER FEDERAL AGENCIES WHICH HAVE RELATED RESPONSIBILITIES ON INDIAN RESERVATIONS TO ENLIST THEIR INTEREST AND SUPPORT IN COOPERATIVE EFFORTS TO HELP TRIBES ASSUME ENVIRONMENTAL PROGRAM RESPONSIBILITIES FOR RESERVATIONS. EPA will seek and promote cooperation between Federal agencies to protect human health and the environment on reservations. We will work with other agencies to clearly identify and delineate the roles, responsibilities and relationships of our respective organizations and to assist Tribes in developing and managing environmental programs for reservation lands. ------- -4- 8. THE AGENCY WILL STRIVE TO ASSURE COMPLIANCE WITH ENVIRONMENTAL STATUTES AND REGULATIONS ON INDIAN RESERVATIONS. In those cases where facilities owned or managed by Tribal Governments are not in compliance with Federal environmental statutes, EPA will work cooperatively with Tribal leadership to develop means to achieve compliance, providing technical support and consultation as necessary to enable Tribal facilities to comply. Because of the distinct status of Indian Tribes and the complex legal issues involved, direct EPA action through the judicial or administrative process will be considered where the Agency determines, in its judgment, that: (1) a significant threat to human health or the environment exists, (2) such action would reasonably be expected to achieve effective results in a timely manner, and (3) the Federal Government cannot utilize other alternatives to correct the problem in a timely fashion. In those cases where reservation facilities are clearly owned or managed by private parties and there is no substantial Tribal interest or control involved, the Agency will endeavor to act in cooperation with the affected Tribal Government, but will otherwise respond to noncompliance by private parties on Indian reservations as the Agency would to noncompliance by the private sector elsewhere in the country. Where the Tribe has a substantial proprietary interest in, or control over, the privately owned or managed facility, EPA will respond as described in the first paragraph above. 9. THE AGENCY WILL INCORPORATE THESE INDIAN POLICY GOALS INTO ITS PLANNING AND MANAGEMENT ACTIVITIES, INCLUDING ITS BUDGET, OPERATING GUIDANCE, LEGISLA- TIVE INITIATIVES, MANAGEMENT ACCOUNTABILITY SYSTEM AND ONGOING POLICY AND REGULATION DEVELOPMENT PROCESSES. It is a central purpose of this effort to ensure that the principles of this Policy are effectively institutionalized by incorporating them into the Agency's ongoing and long-term planning and management processes. Agency managers will include specific programmatic actions designed to resolve prob- lems on Indian reservations in the Agency's existing fiscal year and long-term planning and management processes. William D. Ruckelshaus ------- ST«V UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON D C 20460 NOV 8 1984 MEMORANDUM OFFICE OF THE ADMINISTRATOR 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 India- Po'icy published on January 24, 1983 and the analysis, recommendations -nd Agency input to the EPA Indian Work Group's Discussion Paper, Administration of Environmental Programs on American Indian Reservations (July 1983). 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. TIMING AND SCOPE ------- -2- Some Regions and Program Offices have already made individual starts along the lines of the Policy and Guidance. I believe that a clear Agency-wide policy will enable all programs to build on these efforts so that, within the limits of our legal and budgetary constraints, the Agency as a whole can make respectable progress in the next year. As we begin the first year of operations under the Indian Policy, we cannot expect to solve all of the problems we will face in administering programs under the unique legal and political circumstances presented by Indian reservations. We can, however, concentrate on specific priority problems and issues and proceed to address these systematically and care- fully in the first year. With this general emphasis, I believe that we can make respectable progress and establish good precedents for working effectively with Tribes. By working 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 the Regions. The Indian Work Group (IWG), which is chaired by the Director of the Office of Federal Activities and composed of representatives of key regional and headquarters offices, will facilitate and coordinate these efforts. The IWG will begin immediately to help identify the specific projects which may be ripe for implementation and the problems needing resolution in the first year. Because we are starting in "mid-stream," the implementation effort will necessarily require some contribution of personnel time and funds. While no one program will be affected in a major fashion, almost all Agency programs are affected to some degree. I do not expect the investment in projects on Indian Lands to cause any serious restriction in the States' funding support or in their ability to function effectively. To preserve the flexibility of each Region and each program, we have not set a target for allocation of FY 85 funds. I am confident, however, that Regions and program offices can, through readjustment of existing resources, demonstrate significant and credible progress in the implementation of EPA's Policy in the next year. ------- -3- ACTION Subject to these constraints, Regions and program managers should now initiate actions to implement the principles of the Indian Policy. The eight categories set forth below will direct our initial implementation activities. Further guidance will be provided by the Assistant Adminis- trator for External Affairs as experience indicates a need for such guidance. 1. THE ASSISTANT ADMINISTRATOR FOR EXTERNAL AFFAIRS WILL SERVE AS LEAD AGENCY CLEARINGHOUSE AND COORDINATOR FOR INDIAN POLICY MATTERS. This responsibility will include coordinating the development of appropriate Agency guidelines pertaining to Indian Issues, the implementation of the Indian Policy and this Guidance. In this effort the Assistant Administrator for External Affairs will rely upon the assistance and support of the EPA Indian Work Group. 2. THE INDIAN WORK GROUP (IWG) WILL ASSIST AND SUPPORT THE ASSISTANT ADMINISTRATOR FOR EXTERNAL AFFAIRS IN DEVELOPING AND RECOMMENDING DETAILED GUIDANCE AS NEEDED ON INDIAN POLICY AND IMPLEMENTATION MATTERS. ASSISTANT ADMINISTRATORS, REGIONAL ADMINISTRATORS AND THE GENERAL COUNSEL SHOULD DESIGNATE APPROPRIATE REPRESENTATIVES TO THE INDIAN WORK GROUP AND PROVIDE THEM WITH ADEQUATE TIME AND RESOURCES NEEDED TO CARRY OUT THE IWG'S RESPONSIBILITIES UNDER THE DIRECTION OF THE ASSISTANT ADMINISTRATOR FOR EXTERNAL AFFAIRS. The Indian Work Group, (IWG) chaired by the Director of the Office of Federal Activities, will be an important entity for consolidating the experience and advice of the key Assistant and Regional Administrators on Indian Policy matters. It will perform the following functions: identify specific legal, policy, and procedural impediments to working directly with Tribes on reservation problems; help develop appropriate guidance for overcoming such impediments; recommend opportunities for implementation of appropriate programs or pilot projects; and perform other services in support of Agency managers in implementing the Indian Policy. The initial task of the IWG will be to develop recommendations and suggest priorities for specific opportunities for program implementation in the first year of operations under the Indian Policy and this Guidance. To accomplish this, the General Counsel and each Regional and Assistant Administrator must be actively represented on the IWG by a staff member authorized to speak for his or her office. Further, the designated representative(s) should be afforded the time and resources, including travel, needed to provide significant staff support to the work of the IWG. ------- -4- 3. ASSISTANT AND REGIONAL ADMINISTRATORS SHOULD UNDERTAKE ACTIVE OUTREACH AND LIAISON WITH TRIBES, PROVIDING ADEQUATE INFORMATION TO ALLOW THEM TO WORK WITH US IN AN INFORMED WAY. In the first thirteen years of the Agency's existence, we have worked hard to establish working relationships with State Governments, providing background information and sufficient interpretation and explanations to enable them to work effectively with us in the development of cooperative State programs under our various statutes. In a similar manner, EPA managers should try to establish direct, face-to-face contact (preferably on the reservation) with Tribal Government officials. This liaison is essential to understanding Tribal needs, perspectives and priorities. It will also foster Tribal understanding of EPA1s programs and procedures needed to deal effec- tively with us. 4. ASSISTANT AND REGIONAL ADMINISTRATORS SHOULD ALLOCATE RESOURCES TO MEET TRIBAL NEEDS, WITHIN THE CONSTRAINTS IMPOSED BY COMPETING PRIORITIES AND BY OUR LEGAL AUTHORITY. As Tribes move to assume responsibilities similar to those borne by EPA or State Governments, an appropriate block of funds must be set aside to support reservation abatement, control and compliance activities. Because we want to begin to implement the Indian Policy now, we cannot wait until FY 87 to formally budget for programs on Indian lands. Accordingly, for many programs, funds for initial Indian projects in FY 85 and FY 86 will need to come from resources currently planned for support to EPA-and State-managed programs meeting similar objectives. As I stated earlier, we do not expect to resolve all problems and address all environmental needs on reservations immediately. However, we can make a significant beginning without unduly restricting our ability to fund ongoing programs. I am asking each Assistant Administrator and Regional Administrator to take measures within his or her discretion and authority to provide sufficient staff time and grant funds to allow the Agency to initiate projects on Indian lands in FY 85 and FY 86 that will constitute a respectable step towards implementation of the Indian Policy, 5. ASSISTANT AND REGIONAL ADMINISTRATORS, WITH LEGAL SUPPORT PROVIDED BY THE GENERAL COUNSEL, SHOULD ASSIST TRIBAL GOVERNMENTS IN PROGRAM DEVELOPMENT AS THEY HAVE DONE FOR ThE STATES. The Agency has provided extensive staff work and assistance to State Governments over the years in the development of environmental programs and program management capabilities. This assistance has become a routine aspect of Federal/State relations, enabling and expediting the States' assumption of delegable programs under the various EPA statutes. This "front end" investment has promoted cooperation and increased State involvement in the regulatory process. ------- -5- As the Agency begins to deal with Tribal Governments as partners in reservation environmental programming, we will find a similar need for EPA assistance. Many Regional and program personnel have extensive experience in working with States on program design and development; their expertise should be used to assist Tribal Governments where needed. 6. ASSISTANT ADMINISTRATORS, REGIONAL ADMINISTRATORS AND THE GENERAL COUNSEL SHOULD TAKE ACTIVE STEPS TO ALLOW TRIBES TO PROVIDE INFORMED INPUT INTO EPA'S DECISION-MAKING AND PROGRAM MANAGEMENT ACTIVITIES 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 EPA1 s practice to seek out and accord special consideration to local interests and concerns, within the limits allowed by our statutory mandate and nationally established criteria and standards. Consistent with the Federal and Agency policy to recognize Tribal Governments as the primary voice for expressing public policy on reservations, EPA managers should, within the limits of their flexibility, seek and utilize Tribal input and preferences in those situations where we have traditionally utilized State or local input. We recognize that conflicts in policy, priority or preference may arise between States and Tribes as it does between neighboring States. As in the case of conflicts between neighboring States, EPA will encourage early communi- cation and cooperation between Tribal and State Governments to avoid and resolve such issues. This is not intended to lend Federal support to any one party in its dealings with the other. Rather, it recognizes that in the field of environ- mental regulation, problems are often shared and the principle of comity between equals often serves the interests of both. Several of the environmental statutes include a conflict resolution mechan- ism which enables EPA to use its good offices to balance and resolve the con- flict. These procedures can be applied to conflicts between Tribal and State Governments that cannot otherwise be resolved. EPA can play a moderating role by following the conflict resolution principles set by the statute, the Federal trust responsibility and the EPA Indian Policy. ------- -6- 8. ASSISTANT ADMINISTRATORS, REGIONAL ADMINISTRATORS AND THE GENERAL COUNSEL SHOULD WORK COOPERATIVELY WITH TRIBAL GOVERNMENTS TO ACHIEVE COMPLIANCE WITH ENVIRONMENTAL STATUTES AND REGULATIONS ON INDIAN RESERVATIONS, CONSISTENT WITH THE PRINCIPLE OF INDIAN SELF-GOVERNMENT. The EPA Indian Policy recognizes Tribal Governments as the key governments having responsibility for matters affecting the health and welfare of the Tribe. Accordingly, where tribally owned or managed facilities do not meet Federally established standards, the Agency will endeavor to work with the Tribal leadership to enable the Tribe to achieve compliance. Where reservation facilities are clearly owned or managed by private parties and there is no substantial Tribal interest or control involved, the Agency will endeavor to act in cooperation with the affected Tribal Government, but will otherwise respond to noncompliance by private parties on Indian reservations as we do to noncompliance by the private sector off-reservation. Actions to enable and ensure compliance by Tribal facilities with Federal statutes and regulations include providing consultation and technical support to Tribal leaders and managers concerning the impacts of noncompliance on Tribal health and the reservation environment and steps needed to achieve such compliance. As appropriate, EPA may also develop compliance agreements with Tribal Governments and work cooperatively with other Federal agencies to assist Tribes in meeting Federal standards. Because of the unique legal and political status of Indian Tribes in the Federal System, direct EPA actions against Tribal facilities through the judicial or administrative process will be considered where the Agency determines, in its judgment, that: (1) a significant threat to human health or the environment exists, (2) such action would reasonably be expected to achieve effective results in a timely manner, and (3) the Federal Government cannot utilize other alternatives to correct the problem in a timely fashion. Regional Administrators proposing to initiate such action should first obtain concurrence from the Assistant Administrator for Enforce- ment and Compliance Monitoring, who will act in consultation with the Assis- tant Administrator for External Affairs and the General Counsel. In emergency situations, the Regional Administrator may issue emergency Temporary Restrain- ing Orders, provided that the appropriate procedures set forth in Agency delegations for such actions are followed. ------- -7- 9. ASSISTANT ADMINISTRATORS, REGIONAL ADMINISTRATORS AND THE GENERAL COUNSEL SHOULD BEGIN TO FACTOR INDIAN POLICY GOALS INTO THEIR LONG-RANGE PLANNING AND PROGRAM MANAGEMENT ACTIVITIES, INCLUDING BUDGET, OPERATING GUIDANCE, MANAGEMENT ACCOUNTABILITY SYSTEMS AND PERFORMANCE STANDARDS. In order to carry out the principles of the EPA Indian Policy and work effectively with Tribal Governments on a long-range basis, it will be necessary to institutionalize the Agency's policy goals in the management systems that regulate Agency behavior. Where we have systematically incorporated State needs, concerns and cooperative roles into our budget, Operating Guidance, management accountability systems and performance standards, we must now begin to factor the Agency's Indian Policy goals into these same procedures and activities. Agency managers should begin to consider Indian reservations and Tribes when conducting routine planning and management activities or carrying out special policy analysis activities. In addition, the IWG, operating under the direction of the Assistant Administrator for External Affairs and with assistance from the Assistant Administrator for Policy, Planning and Evaluation, will identify and recomnend specific steps to be taken to ensure that Indian Policy goals are effectively incorporated and institutionalized in the Agency's procedures and operations. Attachment ------- EPA REGIONAL INDIAN WORK GROUP COORDINATORS Jeremy Firestone Edward Vest IWG Coordinator IWG Coordinator EPA Region I EPA Region VII JFK Fed. Bldg. 726 Minnesota Avenue Boston, MA 02203 Kansas City, KS 66101 FTS 8-835-3451 FTS 8-757-2823 (617) 835-3451 (213) 236-1695 Robert Hargrove Puane Traylor IWG Coordinator IWG Coordinator EPA Region II EPA Region VIII 26 Federal Plaza One Denver Place New York, NY 10278 999 18th Street FTS 8-264-9382 Denver, CO 80202-2413 (212) 264-9382 FTS 8-564-1439 (303) 293-1439 Arthur Linton Laura Fujn IWG Coordinator IWG Coordinator EPA Region IV EPA Region IX 345 Courtland Street, NE 215 Fremont Street Atlanta, GA 30365 San Francisco, CA 94105 FTS 8-257-3776 FTS 8-454-7539 (404) 881-3776 (415) 974-7539 Casey Ambutas Rick Seaborne IWG Coordinator IWG Coordinator EPA Region V EPA Region X 230 South Dearborn Street 1200 Sixth Avenue Chicago, IL 60604 Seattle, WA 98101 FTS 8-353-1394 FTS 8-399-8510 (312) 353-1394 (206) 442-8510 Ernest Woods IWG Coordinator EPA Region VI 1201 Elm Street Dallas, TX 75270 FTS 8-729-6666 (214) 767-6666 ------- ENVIRONMENTAL PROTECTION AGENCY FY 86 ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS GLOSSARY CAA = Clean Air Act CERCLA = Comprehensive Environmental Response, Compensation and Liability Act CERT = Council of Energy Resource Tribes CWA = Clean Water Act D/I = Direct Implementation F/A = Financial Assistance IAG = Interagency Agreement IHS = Indian Health Service N/A = Not Applicable OAR = Office of Air and Radiation OEA = Office of External Affairs OFA = Office of Federal Activities OPTS = Office of Pesticides and Toxic Substances OSWER = Office of Solid Waste and Emergency Response Outreach = Communication OW = Office of Water PTS = Pesticides and Toxic Substances PWSS = Public Water Supply Systems RCRA = Resource Conservation and Recovery Act T/A = Technical Assistance UIC = Underground Injection Control ------- |