EPA REGION 5
uSS^j
AMERICAN INDIAN
PROGRAM
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Table of Contents
1984 EPA Indian Policy and Guidance
1991 EPA/State/Tribal Relations
1994 Tribal Operations Action Memorandum
Presidential Executive Orders and Memorandum
EPA American Indian Environmental Office
Tribal Operations Committee
National Indian Workgroup
Regional Tribal Operations Committee
Regional Indian Workgroup
Memorandum of Understanding (MOU) Among the Federal
Agencies
Region 5 Tribal Contacts
Sample of a Tribal Environmental Agreement
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326
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASMNOTON, D.C. 20460
MAR 141994
MEMORANDUM
SUBJECT: EPA Indian Policy
THE ADMINISTRATOR
TO:
All Employees
In 1984,CPA became the first Federal agency to adopt a formal Indian Policy (copy
attached). EPA is proud of that Policy, which has. provided the framework for our
developing partnership with Tribes. Since 1984 Agency programs have changed and several
of our statutes have been amended to address Tribal needs. Nevertheless, the core principle
of the Policy, a commitment to working with Federally recognized tribes' on a government-
to-goverament basis to enhance environmental protection, has been reaffirmed by President
Clinton and remains the cornerstone of EPA's Indian program. Accordingly, therefore, I
formally reaffirm the EPA Indian Policy.
The challenge for EPA today is to implement, its Policy effectively. Previous
administrations have addressed implementation, both in a 1984. Policy Implementation
Guidance and a 1991 Concept Paper. We must now update and strengthen these documents
and our implementation programs to reflect the goals and values of our long-term vision and
strategic agenda. A key element for successfully implementing die Indian Policy must be a
commitment to fully institutionalize the Policy into the Agency's planning and management
activities.
On March 7, Maltha Prothzo, formerly Deputy Assistant Administrator for Water,
joined my staff to assist in developing our Tribal Programs. I have asked Martha and Bill ^
Yellowtail, Regional Administrator, EPA Region vm, to form a team of Agency leaders to*
make recommendations on EPA/Tribal relations and the implementation of the Policy. The
work of this group.should help the Agency develop the best structure and adopt the best
strategies .fot implementing the ^oals of the Policy. The team will work with Tribal
representatives, including the Tribal Operations Committee and others, in drafting inew
implementation guidance. This guidance will provide a blueprint for transforming toe
Policy's vision into a reality for federally recognized Indian Tribes, including Alaskan
Tribes.
This is an exciting opportunity for us to develop a stronger partnership with Trit>al
governments in protecting the en- ironrp^nt. I asl: all of you to help make this effort a great
success.
Carol M. Browner
Attachment
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327
11/8/84
EPA POLICY FOR THE ADMINISTRATION OF ENVIRONMENTAL
PROGRAMS ON INOIAN RESERVATIONS
INTRODUCTION
c ,l Indian Policy on January 24, 1983,
The President published Governments in "Mters affectin,
supporting the primary role stressed t» related the«es:
Son Indian reservations. TJ»t the principle of Indie*
(U W« the direct,, ritk T. ib.1
V . ~ncv (EPA) has previously issu i general
The Environmental Protection Aye*icyj import.ance of Tribal Governaents
statements of policy *htchwr5 ?2£.rt reservation environments. It is the
in regulatory activities t*utJ*oxidate and expand on existing EPA Indian
purpose of this st?teme^fl„!r consistent with the overall Federal position
Policy statements in a manner cons d ..govelwnt-to-goven*w!t" rela-
in support of Tribal This statement sets forth
tions between Federal and Tnoa in deaiing with Tribal Governments
the orinciples that will 9"^® -jf environmental management on American
and in responding to t « protect human health and the environment.
Indian reservations in order to p ce f ,P m program Mnagers in the
The Policy is «v's congressional^ mandated responsibilities. As
conduct of the Age */ * « ^ docS not articulate policy for other
luch, it .4nPPtVeeSc0Suc? of their, respective responsibilities.
Agencies .-ohasize that the implementation of regulatory
It is important to p pnftCiPies on Indian Reservations cannot
programs which jXteiv. Effective implementation will take careful
be accomplished b>A. the tribes and many others. In many cases,
and conscientious work _y ,ica5le statutory authorities and regulations,
it will require changes ^ _n # c,refuHy pha*ed way. to learn from
It will be w^ wes and to 9ain experience. Nonetheless, *y beginning
» re"ry"ion 1"""-
POLICY
~ «ir resoonsibilities on Indian reservations, the
In carrying out °° h EnviPOre#ental Protection Agency is to protect
fundamental -bjectwe keyM« of this effort «"< « "
human health and t , n t0 xrib
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328
1. THE AGENCY STANOS READY TO WORK 0IRECTIY 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 entitles 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 js political subdivision: of States or
other governmental units.
2. THE AGENCY HILL RECOGNIZE TRIBAL GOVERNMENTS AS THE PRIMARY PARTIES
FOR SETTING STANDARD*. MAKING ENVIRONMENTAL POLICY DECISIONS AND MANAGING
PROGRAMS FOR RESE .YATIOKS, CONSISTENT KITH AGENCY STANDARDS AND REGULATIONS.
In keeping with the principle of Indian self-government, the Agency
will vie* 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
thevreservation 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 HILL TAKE AFFIRMATIVE. STEPS TO ENCOURAGE AND ASSIST
TRIBES IN ASSUMING REGULATORY AND PROGRAM .MANAGEMENT RESPONSIBILITIES
FOR RESERVATION LANOS.
The Agency will assist interested Tribal Governments in developing
programs and in preparing to assure regulatory and program management
responsibilities for reservation lands. Within the constraints of EPA's
authority and resources, this ai< "ill include providing grants and ither
assistance to Tribes similar to *hat 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 Agenty
will encourage the Tribe to participate 1n policy-making and to assume
appropriate lesser or partial ro'ies in the management of. reservation
programs.
291
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329
4. THE AGEMO Will TAKE APPROPRIATE STEPS TO REMOVE EXISTING LEGAL ANO
PROCEDURAL IMPEDIMENTS TO WORKING DIRECTLY ANO EFFECTIVELY WITH TRI8AL
GOVERNMENTS ON RESERVATION PROGRAMS.
A number of serious constraints and uncertainties 1n the language
of our statutes and regulations have United our utility to work directly
and effectively with Tribal Governments on reservation problems. As
impediments In our procedures, regulations or statutes are Identified
which Unit 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 ANO INTERESTS ARE C0NS10ERED WHENEVER EPA'S
ACTIONS ANO/OR DECISIONS MAY AFFECT RESERVATION ENVIRONMENTS.
EPA recognizes that i trust responsibility derives from the his-
torical relationship between the Federal Government and Indian Tribes
as expressed in certdin trtaties and Federal Indian Law. In keeping
with that trust responsibility, the Agency wi 11 endeavor_ to protect
the environmental interests of Indian Tribes when carrying out its
responsibilities that may affect the reservations.
6. THE A6ENCY WILL ENCOURAGE COOPERATION KTOH STATE AND
LOCAL GOVERNMENTS TO RESOLVE ENVIRONMENTAL PROBLEMS OF MUTUAL CONCERN.
Sound envlronoental planning and management require the cooperation
and outual consideration of neighboring governments, whether those
"Qvernments M neighboring States, Tribes, or local units of gbve.moent.
Accordingly, EPA will encourage early comnunication and cooperatiot
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, 1t recognizes that 1n 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 BFi ATrn
RESPONSIBILITIES ON INDIAN RESERVATION TO ENLIST THE IP immcriIP
SUPPORT IN COOPERATIVE EFFORTS TO HELP TRUES ASSUMF vSfSSJ?0
"".OGRAM RESPONSIBILITIES FOR RESERVATIONS. ENVIRONMENTAL
EPA will seek and promote cooperation between F*.i ,
protect human health and the environment on reservatliL i£
work with other agencies to clearly identify and . We will
responsibilities and relationships of our reso#eti™ roles,
to assist Tribes in developing and managingand
reservation lands. 9 environmental programs fcr
292
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8. THE AGENCY WILL STRIVE TO ASSURE COMPLIANCE WITH ENVIRONMENTAL STATUTES
AND REGULATIONS ON INDIAN RESERVATIONS.
In those cases where facilities owned or managed by Tribal Governments
are not in compliance with Federal environmental statutes, EPA win 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 jud-cial 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 1n 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 orivate
parties on Indian reservations as the Agency would to noncomplianc- • *> the
private sector elsew.iere 1n the country. Uher 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
ANO MANAGEMENT ACTIVITIES, INCLUOING ITS BUOGET, OPERATING GUIDANCE. LEGISLA-
TIVE INITIATIVES, MANAGEMENT ACCOUNTABILITY SYSTEM AND ONGOING POLICY AND
REGULATION DEVELOPMENT PROCESSES.
It 1s a central purpose of this effort to ensure that the principles
of this Policy are t "fsctively institutionalized by incorporating them into
the Agency's ongoing tnd 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.
W'lliam D. Ruckelshaus
293
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4
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. OC 20460
INDIAN POLICY
U.S. ENVIRONMENTAL PROJECTION AGENCY
Off Id 0*
(XTCflWAl AttAlA
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
ftopes to realize the long-range objective of including Tribal Governments
as partners in decision-making and program management o.i 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 cn Tribal regulation of water and air
quality and the handling ana disposal of hazardous materials on reservation
lands. The experience will help both CPA and the Tribes develop models for
dealing with these problems 1n the special legal and political context of
Indian reservations.
Environmental programming that will Involve Tribal Governments in the
Federal regulatory process on a significant scat* is • new endeavor for CPA
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 CPA Indian Coordinator, at (202) 382-S0S1.
Attachment
page 1-2 of II
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11/8/84
EPA POLICY FOR THE ADMINISTRATION OF ENVIRONMENTAL
PROGRAMS ON INO IAN RESERVATIONS
INTRODUCTION
* Federal Indian Policy on January 2«, 1983,
The President f Tr<5#t Governments in matters effecting
supporting the primary ro e policy stressed two related thews:
fcnertc.n Ind1»« Jrtw the prrot«ct hiM* heelth Md the Mvtrownt.
Indian reservations in orae * 9 1d fof m program managers In the
T*. Pol Icy U l"'e"J,«dv,t.° P'„or«»fS"">> mpo«1bnUl«. As
conduct of » *£SLt »",* *M dM» »t «rt1c.Ut« policy for othor
'r.Spo«t1« r«P.»1M»t1«.
.< «~'r«..rr ^r,pi« ri^ss^iMs
M icc
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1. THE AGENCY STANDS READY TO WORK DIRECTLY WITH INDIAN TRIBAL GOVERNMENTS
ON A ONE-TO-ONE BASIS (THE "GOVERNMENT-TO-GOVERNMENT- RELATIONSHIP), RATHER
THAN AS SUBDIVISIONS OF OTHER GOVERNMENTS.
EPA recognizes Tribal Governments as sovereign entitles with prlwry
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.
?. THE AGENCY WILL RECOGNIZE TRIBAL GOVERNMENTS AS THE PRIMARY PARTIES
FOR SETTING STANDARDS, MAKING ENVIRONMENTAL POLICY DECISIONS ANO 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 es the appropriate non-Federal parties for
making decisions and carrying out program responsibilities affecting
Indian reservations, theii environments, and the health and welfare of
the reservation populace. Just as fcPA's deliberations and activities have
traditional ly involved the interests and/or participation of State Govern-
ments, EPA will look directly to Tr'bal Governments to play this lead role
for matters affecting reservation environments.
?. 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 ar
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•3*
4. THE AGENCY WILL TAKE APPROPRIATE STEPS TO REMOVE EXISTING LEGAL AND
PROCEDURAL IMPEDIMENTS TO WORKING DIRECTLY AND EFFECTIVELY WITH TRIBAL
GOVERNMENTS ON RESERVATION PROGRAMS.
A nunber of serious constraints and uncertainties 1n the language
of our statutes and regulations have limited our ability to work directly
and effectively with Tribal Governrents on reservation problem. 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.
b. THE AGENCY* IN KEEPING WITH THE FEDERAL TRUST RESPONSIBILITY, WILL
ASSURE THAT TRIBAL CONCERNS AND INTERESTS ARE CONSIDERED WHENEVER CPA'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 1n 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 AM)
LOCAL GOVERMCNTS TO RESOLVE ENVIRONMENTAL PROBLEMS OF MUTUAL CONCERN.
Sound environmental planning and management require the cooperation
and mutual consideration of neighboring governments, whether those
governwits be neighboring States, Tribes, or local units of government.
Accordingly, CPA will encourage early complication and cooperation
among Tribes, States and local governments. Tr/s 1$ not Intended to
lend Federal support to any one party to the jeopardy of the Interests
of the other. Rather, It recognizes that 1n the field of environmental
regulation, problems are often shared and the principle of cealty
between equals and neighbors often serves the best Interests of both.
7. THE AGENCY WILL WORK WITH OTHER FEDERAL AGENCIES WHICH HAVE ftEUTEO
RESPONSIBILITIES ON 1N0IAN RESERVATIONS TO ENLIST THEIR INTEREST MQ
SUPPORT IN COOPERATIVE EFFORTS TO KELP TRIBES ASSUME ENVIRONMENTAL
PROGRAM RESPONSIBILITIES FOR RESERVATIONS.
EPA will seek and promote cooperation between Federal agtndes to
protect human health and the environment on reservations* * will
work with other agencies to clearly Identify and delineate the roles,
responsibilities and relationships of our respective organliatlons and
to assist Tribes 1n developing and managing environmental programs for
reservation lands.
page 1-5 of II
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8. THE AGENCY Hilt STRIVE TO ASSURE COMPLIANCE WITH ENVIRONMENTAL STATUTES
ANO REGULATIONS ON INOIAN RESERVATIONS.
In those cases where facilities owned or managed by Tribal Governments
are not 1n 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, 1n Its
judgrent, that: (1) a significant threat to human health or the environment
exists, (2) such action would reasonably be expected to achieve effective
results 1n a timely manner, and (3) the Federal Government cannot utlllie
other alternatives to correct the problem In a timely fashion.
In those cases where reservation facilities are clearly owned or wnaged
by private parties and there 1s no substantial Tribal interest or control
involved, the Agency will endeavor to act 1n cooperation with the affected
Tribal Government, but will vtherwlse respond to noncompliance by private
parties on Indian reservations as the Agency would to noncompliance by the
private sector elsewhere 1n the country. Where the Tribe h«s • substantial
proprietary interest In, or control over, the privately owned or eanaged
facility, EPA will respond as described 1n the first paragraph above.
9. THE AGENCY Will INCORPORATE THESE INOIAN POLICY GOALS INTO ITS PLANNING
AND MANAGEMENT ACTIVITIES, 1NCLU0ING ITS BUOGET, 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 1n the Agency's existing fiscal year end long-term
planning and management processes.
William O. Ruckelshaus
Page 1-6 of 11
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t««
Connecticut, Massachusetts, Vermont, Mew Hampshire and Maine It 1* il
important sector of the country, and constitutes the rtmeinlno I*n4« I#
America's first stewards of the environment, the American Indian Tribes
The Policy places a strong eaphasis on Incorporating Tribal fewm
ments into the operation and management of CPA's delegable nroorlL?"
This concept Is based on the President's Federal Indlfi- PoMev auhfitS:
on January 24, 1963 and the analysis, recommendations AoencvJill?
to the EPA Indian Work Croup's Discussion Paper, MilnlstratlM^f
Environmental Programs on American Indian Reservation* (Jiily IW) ~
Because of the Importance of the reservation environments, *t a»t
begin ianedlately to incorporate the principles of EM'g Indian falley
Into the conduct of our everyday business. Our established operating
procedures (including long-range budgetary and operational planning Kt1*
vitles) have not consistently focused on the proper role of Tribal Govern*
"IM1M6 AMD SCOPE
Page 1-7 of li
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Some Regions and Program Offices have ilread/ made Individual starts
along the lines of the Policy and Guidance. ! believe that a clear
Agency-wide policy Mill 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 1n 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 ard issues and proceed to address these systematically and care-
fully In the first year. With this general emphasis, I believe that we
can make respect*1-!* progress and establish good precedents for working
eVectively wUh 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 1n
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 Tribe* projects. At Headquarters, 1t 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 I»d
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ACTIQW
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 MILL SERVE AS
LEAD AGENCY CLEARINGHOUSE Ahi) COORD J NATO# FOR INDIAN POLICY NATTERS.
This responsibility will Include coordinating the development of
appropriate Agency guidelines pertaining to Indian Issues, the ...
Implementation of the Indian Policy and this Su,din"'1 jj,*1*'ffJJJ
the Assistant Administrator for External Affairs will rely upon the
assistance and support of the EPA Indian Work Group.
2 THE INDIAN WQJU CSOUP (1WG) MILL ASSIST AND SUPPORT THE ASSISTANT
ADMINISTRATOR FOR EXTERNAL AFF*1R * 1" ^Vm^NTAHD^HATTERS'^ASSI UW)tl SHOULD
DESIGNATE APPROPRIATE REPRESENTATIVES TO THE INDIAN MORK GROUP ANO PROVIDE
THEM WITH AOEOUATE TIHE AND RESOURCES NEEDED TO CARRY OUT THE
RESPONSIBILITIES UNDER THE 0IRECT10N Of THE ASSISTANT ADMINISTRATOR FQR
external affairs.
The Indian Work 6roup. (IMG) chaired by the Director of the Office of
e.H.rai Activities, will be an important entity for consolidating the
•!£rl«nct and advice of the key Assistant and Regional Administrators on
Indian Policy matters. It will perform the following function!: identify
specific legal» policy, and procedural impediments to working directly
with Tribes on reservation problems; help develop appropriate guidance
for overcoating such layedlments; recommend opportunities for Implementation
of aooropriate programs or pilot projects; and perform other services 1n
support of Agency managers in Implementing the Indian Policy,
The initial task of the IMG will be to develop recooaendatlons and
suooest priorities for specific opportunities for program implementation
In the first year of operations under the Indian Policy and this Guidance.
To acco«v>11sh this, the General Counsel and each Regional and Assistant
Administrator must be actively represented on the W6 by a staff mtUr
authorized to ipeak for his or her office. Further, the designated
represented ve($) should be afforded the time and resources. Including
travel, needed to provide significant staff support to the work of u*
IMG.
page 1-9 of u
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3. Afi. tbTANT A NO REGIONAL ADMINISTRATORS SHOUlO UNDERTAKE ACTIVE OUTREACH AND
v.;;.lJWN WITH fRi0ES, PROVIDING AO EQUATE INFORMATION TO ALLOW THEM TO WORK
W.'.-i US IN AN INFORMED WAY.
Ir» th«* first thirteen years of the Agency's existence, we have worked
hew to establish working relationships with State Governments, providing
t>ckc,round information and sufficient interpretation and explanations to
ena:>le the?, 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 1s essential to
understanding Tribal needs, perspectives and priorities. It will also foster
Trioai understanding of EPA's programs and procedures needed to deal effec-
tively with us.
4. ASSISTANT and REGIONAL ADMINISTRATORS SHOULD ALLOCATE RESOURCES TO MEET
TRIBAL NEEDS, WITHIN THE CONSTRAINTS 1MP0SE0 BY COMFETINS PRIORITIES AND BY
Ol? 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
sjpoort reservation abatement, control and compliance activities.
Because we want to begin to implement the Indian Policy now, we cannot
w*i*. until ?* 87 to formally budget for programs on Indian lands. Accordingly,
far many projrm, funds for Initial Indian projects 1n FY 85 and FT 86
5 i need r*. c*«e from resources currently planned for support to EPA-and
-icatc-ir.ana^i f'-ograas meeting siailar objectives. As I stated earlier, we
cc not e*;":* tf> revolve all problems and address all environmental needs on
reservations 1.T*lately. However, we can make a significant beginning
without u'<4b!v restricting our ability to fund ongoing programs.
I am asking each Assistant Administrator and Regional Administrator to
t*t.t pleasures witntr. his or ntr discretion and authority to provide sufficient
staff ti^e «nj grant funds to allow the Agency to Initiate projects on Indian
lands in ?y 3= and FY 86 that will constitute a respectable step towards
Implementation ef the Indian Policy,
b. ASSISTANT AND REGIONAL ADMINISTRATORS, WITH LEGAL SUPPORT PROVIDED BY THE
GENERAL COUNSEL, SHOULP ASSIST TRIBAL GOVERNMENTS IN PROGRAM DEVELOPMENT AS
THEY HAVE DONE FOR THE STATES.
The Agency has provided extensive st'ff work and assistance to Stat*
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 Stattt*
assumption of delegable programs under the various EPA statutes. This "front
end" Investment has promoted cooperation and Increased State Involvement
in the regulatory process.
Page 1-ic of li
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8. ASSISTANT ADMINISTRATORS, REGIONAL ADMINISTRATORS AND THC GENERAL COUNSEL
SHOULD WORK COOPERATIVELY WITH TRIBAL GOVERNMENTS TO ACHIEVE COMPLIANCE WITH
ENVIRONMENTAL STATUTES ANO REGULATIONS ON INDIAN RESERVATIONS, CONSISTENT
KITH THE PRINCIPLE OF INDIAN SELF-GOVERNMENT.
The EPA Indian Policy recognizes Tribal Governments is 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 art clearly owned or
managed by private parties and there 1s 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
leaders and managers concerning the Impacts
rcucr«i wm , , _
technical support to Tribal leaders and managers
of noncompliance on Tribal health and the reservation
and steps needed to achieve such compliance. As appropriate, EPA «uy
also develop compliance agreements with Tribal Governments and work 1
cooperatively with other Federai agendas to assist Tribes in
Federal standards. "*«ing
Because of the unique legal and political status of Indian t*ik^.
1n the Federal System, direct EPA actions against Tribal facilities
through the judicial or administrative process will be consider**!
the Agency determines. In Us judgment, that: (1) « significant threat J!
human health or the environment exists, {I) such action would feaiai>»hn, i
expected to achieve effective results in a timely manner, end (J) the
Government cannot utlllie other alternatives to correct the DrohU. <1
timely fashion. Regional Administrators proposing to InitiateShmSs 1
should first obtain concurrence from the Assistant Administrator S r.J
¦ent >i»l Compliance "on ItorInj, who .lit «t In
t.nt Ad.lni.tr.tor for hurul Aff.lrt th, fi.n.r,l c!an»J i.
situations, the Regional Administrator may issue emeraencv TtaM***!!
l»9 0rfrt. provided th.t t*. .pproprl.t. p™X?i^tTAk^MiT!,v
delegations for such actions are followed. orth ^
Page l-ll 0f n
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20480
JUL 1 0 1991
MEMORANDUM
SUBJECT: EPA/State/Tribal Relations
THE ADMINISTRATOR
TO
Assistant Administrators
General Counsel
Inspector General
Regional Administrators
Associate Administrators
Staff Office Directors
Earlier this year I shared with you my views concerning
EPA's Indian Policy, its implementation and its future direction.
I would now like to further emphasize my commitment to the Policy
by endorsing the attached paper that was coordinated by Region
VIII on EPA/State/Tribal Relations.
This paper was prepared to formalize the Agency's role in
strengthening tribal governments1 management of environmental
programs on reservations: The paper notes that the difference's
between the interests of tribal and state governments can be very
sensitive and sometimes extend well beyond the specific issues of
environmental protection. It reaffirms the general approach of
the Agency's Indian Policy and recommends the strengthening of
tribal capacity for environmental management. I believe the
Agency should continue its present policy, making every effort to
support cooperation and coordination between tribal and state
governments, while maintaining our commitment to environmental
quality.
I encourage you to promote tribal management of
environmental programs and work toward that goal.
Please distribute this document to states and tribes in your
region.
Attachment
cc. Headquarters Program Office Directors
Regional Office Directors
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FEDERAL, TRIBAL AMD STATE ROLES IN THE PROTECTION
AND REGULATION OF RESERVATION ENVIRONMENTS
I. BACKGROUND
William Reilly, in his first year as EPA Administrator,
reaffirmed the 1984 EPA Indian Policy and its implicit promise to
protect the environment of Indian reservations as effectively as
the Agency protects the environment of the rest of the country.
The EPA Indian Policy is premised on tribal self-determination,
the principle that has been set forth as federal policy by
Presidents Nixon, Reagan, and Bush. Self-determination is the
principle recognizing the primary role of tribal governments in
determining the future course of reservation affairs. Applied to
the environmental arena in the EPA Indian Policy, this principle
looks to tribal governments to manage programs to protect human
health and the environment on Indian reservations.
II. TRIBAL. STATE AND FEDERAL EXPECTATIONS
The Agency is sensitive to the fact that tribal and state
governments have serious and legitimate interests in the
effective control and regulation of pollution sources on Indian
reservations. EPA shares these concerns and, moreover« has a
responsibility to Congress under the environmental statutes to
assure that effective and enforceable environmental programs are
developed to protect human health and the environment throughout
the nation, including Indian reservations.
Indian tribes, for whom human welfare is tied closely to the
land, see protection of the reservation environment as essential
to preservation of the reservations themselves. Environmental
degradation is viewed as a form of further destruction of the
remaining reservation land base, and pollution prevention is
viewed as an act of tribal seli-preservation that cannot be
entrusted to others. For these reasons, Indian tribes have
insisted that tribal governments be recognized as the proper
governmental entities to determine the future quality of
reservation environments.
1
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S*fte fovefn^ents, in turn, recognize that the environmental
integrity of entire ecosystems cannot be regulated in isolation.
Pollution in the air and' water, even the transportation of
hazardous materials in everyday commerce, is not restricted to
political boundaries. Accordingly, state governments claim a
vital interest in assuring that reservation pollution sources are
effectively regulated and, in many cases, express an interest in
managing reservation environmental programs themselves, at least
for non-Indian sources located on the reservations. in addition
some state officials have voiced the concerns of various non- '
Indians who live or conduct business within reservation
boundaries, many of whom believe that their environmental or
business interests would be better represented by state
government than by the tribal government.
Although the Agency hears these particular concerns
expressed most often through tribal and state representatives,
respectively, the Agency is aware that most of these concerns are
shared by both tribes and states. For example, tribal
governments are not alone in holding the view that future
generations depend on today's leaders to manage the environment
wisely. Many state officials argue the same point with the same
level of conviction as tribal leaders. Conversely, tribal
governments share with states the awareness that individual
components of whole ecosystems cannot be regulated without reoar-n
to management of the other parts. Tribal governments have also
shown themselves to share the states'' sensitivity to the coneom
and interests of the entire reservation populace, whether tholl
interests are the interests of Indians or non-Indians. in +hl
Agency's view, tribes and states do not differ on the imnortaJ
of these goals, where they differ at all, they differ on th»
means to achieve them.
EPA fully shares with tribes and states their concerns fn
preservation of the reservation as a healthy and.viable
environment, for rational and coordinated management of entire
ecosystems, and, thirdly, for environmental management based
adequate input both from regulated businesses and from the
populace whose health the system is designed to protect.
Moreover, the Agency believes that all of these interests and
goals can be accommodated within the framework of federal
policy goals and federal Indian law. 31 Indlan
III. EPA POLICY
The EPA Indian Policy addresses the subject of state and
tribal roles within reservation boundaries as follows:
1) First, consistent with the President's policy, the
Agency supports the principle of Indian self-government:
2
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"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 EFA's deliberations and
activities have traditionally involved the interests and/or
participation of State Governments, EPA will look directly
to Tribal .Governments to play this lead role for matters
affecting reservation environments."
2) Second, the Agency encourages cooperation between state,
tribal and local governments to resolve environmental issues
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 cooperatiqn 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 often
serves the best interests of both."
IV. PRINCIPLES AND PROCEDURES FOR EPA ACTION
EPA program managers will be guided by the following
principles and procedures regarding tribal and state roles in the
management of programs to protect reservation environments.
1. The Agency will follow the principles and procedures
set forth in the EPA Policy for the Administration of
Environmental Programs on Indian Reservations and the
accompanying Implementation Guidance, both signed on
November 8, 1984.
2. The Agency will, in making decisions on program
authorization and other matters where jurisdiction over
reservation pollution sources is critical, apply federal law as
found in the U.S. Constitution, applicable treaties, statutes and
federal Indian law. Consistent with the EPA Indian Policy and
the interests of administrative clarity, the Agency will vie*
Indian reservations as single administrative units for regulatory
purposes. Hence, as a general rule, the Agency will authorize a
tribal or state government to manage reservation programs only
where that government can demonstrate adequate jurisdiction over
pollution sources throughout the reservation. Where, however, a
tribe cannot demonstrate jurisdiction over one or more
3
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reservation sources, the Agency will retain Pr^acy
for those sources. Until EPA formally authorizes a state or
tribal program, the Agency retains full responsibility for
program management. Where EPA retains such rinciPies set
Sill carry out its duties in accordance with the principles set
forth in the EPA Indian Policy.
3 Under both authorized and EPA-administered programs for
reservations, the Agency encourages £°°pej^tion e a mutual self-
and states, acting in the ^ the health and
interest in protecting the ®-n^ Such cooperation can take
welfare of the reservation populace.^Such^coop^ sharing Qf
many forms, including noti*^ personnel, and joint
technical information, exPe5^®J -pA Sill in all cases be guided
tribal/state programming. Whilj SPA ^ broa
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significantly to public acceptance and therefore the
effectiveness of regulatory programs- The Agency encourages all
tribes to follow the example of those tribes that have already
enacted an APA.
6. Where tribal and State governments, managing regulatory
programs far reservation and state areas, respectively, may
encounter transboundary problems arising from inconsistent
standards, policies, or enforcement activities, EPA encourages
the tribal and state governments to resolve their differences
through negotiation at the local level. SPA, in such cases, is
prepared to act as a moderator for such discussions, if
requested. Where a statute such as the Clean Water Act
designates a conflict-resolution role for EPA in helping to
resolve tribal/state differences, EPA will act in accordance with
the statute. Otherwise, EPA will respond generally to such
differences in the same manner that EPA responds to differences
between states.
V. CONCLUSION
The Agency believes that where an ecosystem crosses
political boundaries, effective regulation .calls for coordination
and cooperation among all governments having a regulatory role
impacting the ecosystem. Many differences among tribes and
states, like differences among states, are a natural outgrowth of
decentralized regulatory programs; these differences are best
resolved locally by tribes and states acting out of mutual
concern for the environment and the health of the affected
populace. EPA actions and decisions made in carrying out its
role and responsibilities will be consistent with federal law and
the EPA Indian Policy. Within this framework, the Agency is
convinced that the environmental quality of reservation lands can
be protected and enhanced to the benefit of all.
5
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ISR/
1wf
332
UNITED STATES ENVIRC
WASHINGTON, D.C. 20460
JUL 1 * 199*
OFFICE OF
THE ADMINISTRATOR
MEMORANDUM
SUBJECT: Announcement of Actions for Strengthening EPA's Tribal Operations
TO:
Assistant Administrators
General Counsel
Inspector General
Associate Administrators
Regional Administrators
Staff Office Directors
Over the last five months a team of Senior EPA managers and a workgroup of EPA staff
have been working to identify ways to strengthen Tribal operations throughout the Agency. I
would like to thank those who worked on the team for your time and valuable contributions.
Thanks also to ail of you for your support for improving EPA's Indian program and increasing the
Agency's ability to assist Tribes in the development and implementation of their environmental
protection programs.
Attached is a document outlining steps we should implement promptly throughout the
Agency. Although many of you are already working to improve specific areas of Tribal
operations, additional steps are needed to address critical gaps in Tribal environmental protection
and to improve our government-to-government partnership with Tribes. We can make significant
progress within the next year, while continuing to search for additional opportunities to
strengthen EPA's Indian program When our new Office of Indian Affairs begins operation this
fall, it will assist in carrying out this action agenda, as well as. developing, coordinating and
promoting broad, longer-term activities for Tribal environmental protection.
I ask each of you to continue to make this effort a high priority.
Carol M. Browner
Attachments
CXy Recyctod/Hecydabi#
r\ Print** with MWCanaUHr* on that
N_jC_7 oontalnt m MM SO* Attdrt flbef
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333
TRIBAL OPERATIONS ACTION MEMORANDUM
July 12,1994
To help improve communications and understanding between EPA and Tribes,
Administrator Browner has established a new EPA/Tribal Operations Committee (TOC), which
includes 18 Tribal representatives. At the Committee's first meeting, on February 17, 1994, the
Administrator, in order to respond to Tribal recommendations, authorized a group of senior-
managers from EPA Headquarters and Regions to develop recommendations, in consultation with
the Tribal members of the TOC, on ways to strengthen EPA's Tribal environmental programs and
daily operations, pursuant to the implementation of the 1984 Indian Policy. This team of EP>\
managers has worked on a variety of issues over the last five months.
On May 26,1994, at the Second National Tribal Conference on Environmental
Management in Cherokee, North Carolina, Administrator Browner announced her intent to
a new Office of Indian Affairs and set October 1994, as the target date for it to begin operation
Although this Office will have the lead for coordinating certain activities, most of the
responsibility for developing and implementing Tribal environmental^ protection programs will
remain with the Regions and Headquarters Program Offices. Therefore, we need not wait until
the establishment of the Office to promptly begin the implementation of the following actions
The following action items are intended to strengthen EPA's Indian program by
supplementing current activities. Although a Federal Register notice will invite public review and
comment on the functions of the new Office of Indian Affairs (some of which are to
actions described below), EPA need not delay its efforts to strengthen Tribal operations. The
public may have additional ideas about actions we should take and there may be refinements in
our thinking. However, consultation with the Tribal Operations Committee members and -
responses received to a mailing to Tribal Leaders in June suggest we are generally on the right
track.
Recognizing that many of these actions are new or were not previously identified as
priorities, each Assistant and Regional Administrator will need to make some difficult resource
allocation decisions to provide the necessary people and resources to begin to meet the challenge
of strengthening EPA's Tribal operations. Each Assistant and Regional Administrator, in
proceeding in the implementation of the following actions, would benefit greatly from the
experience and working knowledge of the Headquarters Program and Regional Indian
Coordinators (the National Indian Work Group) and from consultation with the Tribal
representatives to the Tribal Operations Committee. These individuals have a great deal of
information on Tribal needs and priorities.
In order to document and measure the Agency's progress and successes on strengthening
the implementation of Tribal environmental protection and to facilitate early feedback on that
progress, each Assistant and Regional Administrator will be asked to report, within 6 months
from the issuance of this memorandum, to the Administrator on the status of his/her
implementation efforts.
1
296
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334
1) Tribal Environmental Workplans: In order for EPA and Tribes to plan for and respond
effectively to Tribal environmental problems, the Agency and Tribes need to establish a
base description of the types of environmental problems and priorities Tribes face and then
formulate specific workplans for responding to the problems. To facilitate and support
such a cooperative EPA/Tribal effort, each Regional Administrator should promptly begin
to work with Tribes to develop environmental workplans, to include the Tribes' plans to
manage authorized environmental programs and/or their need for federal technical
assistance, education and implementation and management of environmental protection.
Each Regional Administrator has the flexibility to determine, in consultation with Tribes,
the most appropriate way to develop these workplans.
2) EPA Regional and Program Indian Workplans: Tofoeu&aaA-feciiitate Program and
Regional efforts for effective Tribal environmental protection, each Assistant and Regional
Administrator should begin to establish strategies for achieving the goals outlined in the
Tribal environmental workplans. These Workplans should include the specific program
implementation and management activities, technical assistance and education that will be
undertaken by each Region and National Program Office. While these plans should
address the problems identified in the Tribal workplans, they may be developed at the
same time, in dose consultation with the Tribal plans, so as to ensure the completion of
Regional and National Program plans prior to the FY 1997 budget development process
The plans may be flexible and allow for future revisions as more is learned about the
Tribes' environmental problems and priorities.
3) EPA Implementation, Management and Compliance Activities: In response to
concerns that numerous gaps may exist in Tribal environments] protection, each Assistant
and Regional Administrator, in close consultation with Tribes, should take immediate
steps to increase implementation and management of and ensure compliance with
environmental programs. Although the Agency should encourage Tribal implementation
and management, where such Tribal environmental programs do not exist, the Agency, in
carrying out its statutory and trust responsibilities, must work, in partnership with Tribes,
on a government to government baas, to ensure the protection of Tribal human health,
natural resources and environments. Although EPA retains final authority over and
responsibility for its actions, the EPA Indian Policy recognizes Tribal governments as the
most appropriate authority for managing Tribal environments and the Agency should
accord great deference to Tribal priorities and environmental goals when carrying out
these activities.
4) Program and Regional Organization: To strengthen the Indian program within the
Regions and Headquarters Program Offices and to ensure greater consistency in the work
performed by those offices, each Assistant and Regional Administrator should begin to
review and, where necessary, modify the organization and/or management of the Indian
program within his/her office. Each Region and Program Office has different
responsibilities and/or workloads for Tribal operations and, therefore, some may require
more resources than others. However, at a minimum, each Assistant and Regional
2
297
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335
Administrator with responsibilities for Tribal activities should consider assigning a
professional, full-time, to serve as Indian Coordinator, and report back to the new Office
on status of this position. The Indian Coordinators must have the necessary procedures
and support to assure full and effective communication with program staff throughout the
organization. In addition, each Assistant and Regional Administrator should begin to
address any need for additional staff to carry out critical activities related to the Agency's
Indian program.
Field Assistance for work with the
program °lementationand management responsibilities, each Regional
Tnbes to determine EPA ^P. ^ efifectiveEPA/Tribal liaison capacity (ie.
Administrator should ensure ftnnrQOf».t» EPA field presence), to provide direct
Indian Environment^ much ^ possible, this capacity should be carried out by
field assistance to the Tribes. Bmerience in the environmental field working
staff from Indian Country .nvironm^ *B.
with Tribal governments, commuraues, organs—
6) ™orCTAS*ir:
!!^S^^Trt>al representatives. The Office of Indian Affairs, once established,
^"-y-^OT^ng on Indian issues for Agency managers andstaff. In
wiU promote andcoo .onal Administrators are encouraged to provide training that
the mtenm, Assi direction cf better understanding of Indian issues. This training
moves the A8^ . ^ Policy> EPA's Indian program activities, Tribal sovereignty
Tribal environmental needs and activities, the role of Tribal individuals
Sid SSSSom and cultural differences that may affect EPA's working relationship with
Tribes.
• .*«« with Tribes: To promote and facilitate communication between EPA
7) eommunicatio fsuam tQ the l984 fodian Policy and Executive Order 12875,
l^JnEVA and Tribal members and/or organizations, in keeping with the spirit of
f aSS-I **>* Atata.sw.orsshould includeTribes in
STn-king and program management activities thrt aflect them. Conrunumca.on
Z?^u^sfor Tribal input should occur early in any Agency process that may affect
foil consideration should be given to the policies, priont.es and concerns of the
S££d«*« 'pp'0^-M TiiW TOmbere
» Cr,nt Flexibility and Streamlining: Given that most Tribes have a small environment
Sff
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336
allowed by law, use available discretion to consolidate issuance and administration of
grants to Tribes and allow for both program operation and program development.1
9) Resource Investment in Tribal Operations: Some encouraging first steps have already
been taken to increase resources for Tribal operations in the FY 1996 budget. High
priority was established for increasing support for Tribal operations at the Annual Planning
meeting in April. However, to begin immediately strengthening the Indian program and to
implement the new activities outlined in this memorandum, resources must be invested in
FY 1994 and FY 199S for: 1) staff assistance in the development of Tribal environmental
workplans (FTE and travel); 2) Tribal capacity building, environmental program
development, authorization and management (primarily grant funding); 3) EPA
implementation and management activities (FTE, travel and AC&C support); and 4)
technical assistance and related support, as needed by the Tribes (FTE, travel and AC&C
support). These additional investments, will require a shift in Headquarters Program and
Regional priorities to place greater emphasis on Tribal operations. Recognizing that we
cannot immediately resolve all problems or address all Tribal environmental needs, each
Assistant and Regional Administrator should allocate resources within their discretion and
authority to constitute a significant commitment to strengthening Tribal environmental
protection.
1 While recognizing that the primary objective of the General Assistance Program (GAP)
is to develop Tribal environmental capacity, the new Office of Indian Affairs will be asked to
consider using, to the extent allowed by law, any flexibility in the current GAP for program
implementation, where funding such implementation would be impractical on a program by
program basis. In consultation with Assistant and Regional Administrators, the Office will
consider whether EPA should support statutory changes in granting authorities to create more
opportunities for Tribal block grants and to explicitly allow for the use of GAP, where practical,
for program implementation. However, even if the use of GAP is expanded, program-specific
funding and responsibility for technical assistance, implementation, management or other related
activities would still need to continue and also expand.
4
299
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337
300
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'herican Indian Environmental Office
http:AVwv.epa.gov/indiun/nt: wexcc.htm
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i
6ERA St.. gtf*" »f
AMX1U6AH SHVIftONMlHTA). Offiom
President Clinton's naw Exacrutivs Order on Consultation with Indian
Tribal Governments
[Federal Register: May 19, 1998 (Volume 63, Number 96)]
fPresidential Documents]
[Fage 27655-27657;
Frorr. the Federal Register Online via GPO Access fwals. access, qpo.gov]
; DOC ID: f rl 9my96- 1 6>: '|
Presidential Documents
[[Page 27655]]
-ixec'itivc; Order _3C8 4 of May 14, 199S
Consultation end Coordination With Indian Tribal
Governments
rhe L'nited States has a unique legal relatio.-.ship with
Indian triba^ governments as set forth in the
Constitution of the 'Jrii.ted States, treaties, statutes.
Executive orders, and court decisions. Sinoe the
formation o£ the Onion, the United States has
recognized Indian tribes as domestic dependent nations
under its protection, lu treaties, our Nation has
guaranteed the right of Indian, tribes to self-
government. As domestic dependent nations, Indian
tribes exerciaa inherent sovereign powers over their
merooers and territory. The United States continues to
work with Indian tribes on a governmont-to-govftrnment
basis to address issues concerning Indian tribal self-
government, trust resources, and Indian tribal treaty
and other rights.
Therefore, by the authority vested in me as
President Dy tr.e Constitution and tne lc*ws of trie
United States of America, and in order to establish
reqjlar and meaningful consultation and collaboration
with Indian cxibal governments in the development oi
significantly or uniquely alfsct their consnunicies; to
reduce the imposition of unfunded mandates upon Indian
li. ibal governnsnts; and to streamline the application
process for and increase the availability of waivers r.
Ir.dicn tribal governments; it jr. hereby ordered as
follows:
Section 1. Definitions. Tor purposes of this order:
(a) "'State1' or "'States'1 refer tc the States c£
the United States of America, individually or
collectively, and, where relevant, to State
governments, including units of local government, and
other political subdivisions established by -he Stares
Co) Indian tribe'' raeans on Indian ok Alaska
Kat ive ,rU>«, b.-sr.G, nation, pueoio, villaqe, or
oomitumty thai. the Secretary o£ the Interior
! of 4
4/29/99 8 52 AMj
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¦Clericm Indian Environmental Office
http:.'7www epa.gov/mdiaa/newexec.htm
ac^nowi edges ';o exist a.? d;n Indiar trib** pursuant to
"he Federally Re.coqniaes. Indian Ttibe T..\.v,, A/-c o* tjv>4
25 U.S.C. 4 VCj .
\c) ~'Ace-.cy'' mean;; any authority of the United S
t'n-s.;. is an ' ' ager.cy' ' Jii'ier 44 U.S.C. 3502il),
?^her r.nan these considered to be independent
regulatory agencies, as defined in
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A merit in Indian Envtrcinmeoial Office
littp:.Vww\vepa.gov/inili!in/'riewc*ac.htrn
regulatory ceu-iirenmr.ts in cor-.nertion wl;:h any prooraw.
administered by that agenry with a genera l view toward
increasing opportunities for utilizing flexible policy
approaches at the Indian tribal level in. esses in whic
the proposed wsiver is consistent witli the .applicable
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hctp.Awww.pub.whitdiouse.gov/uri-.../oma,eop.gov,us/l996/5/24/6.!:ext.2
THE WHITE HOtJSt:
Office of the Press Secretary
For Immediate lie lease May 24, 1 996
EXECUTIVE OP.DSA 13007
INDIAN SACRED SITeIS
fiy the authority vested in re as President Dy the Constitution and
the laws o£ the United States, in furtherance of Federal treaties, and
in order to project and preserve Indian religious practices, it is
hereby ordered:
Section 1. Accommodation of Sacred Sites. (aj in managing Federal
lands, each executive branch acency with statutory or administrative
responsibility for the management of Federal lands shall, to the exter.t
practicable, permitted by law, and net clearly inconsistent with
essential agency functions, accommodate access to and ceremonial use
of Indian sacred sites bv Inaian religious practitioners and >2) avoid
adversely affecting the physical integrity of such sacred sites. Where
appropriate, agencies shall maintain the confidentiality of sacred
sites.
in,1 For purposes of this order:
;i) "Federal lands" means any land or interests in land owned by
the United States, including leasehold interests held by the United
States, except Indian trust lands;
(ii) ""ndiar. tribe" means an Indian or Alaska Native tribe, band,
nation, pueblo, village, or community that the Secretary of the Interior,
acknowledges to exist as an Indian tribe pursuant to Puolic Law No.
lQ3-4i)'i, 108 Stat. 4"? 91, and "Indian" refers to a member of such an
Indian tribe; and
!iii) "Sacred site" means any specific, discrete, narrowly
delineated location on Federal ianc that is identified by an Indian
tribe, or Indian individual aetermu;ed to be an appropriately
authoritative representative of an Indian religion, as sacred by virtue
of its establisnea religious significance to, or ceremonial use by, an.
Indian religion; provided that the tribe or appropriately authoritative
representative of an Indian religion has informed the agency of tne
existence ct such a site.
S.2C. 2. Procedures. (a) Cach executive branch agency with
statutory cr administrative responsibility for the management of Federal
lands shall, as appropriate, promptly implement procedures for the
purposes of carrying out the provisions of section 1 of this order,
incljdiny, where practicable and appropriate, procedures to ensure
reasonable notice is provided of proposed actions or land management
policies that may restrict future access to or ceremonial use of, or
adversely affect the physical integrity of, sacred sites. In all
actions pursuant to this section, agencies shall comply with the
Executive memorandum of April 29, 1994. "Government-to-Governmer.t
Relations with Native American Tribal Governments."
(b) Within 1 year of the effective date ot this order, the head of
each execut.ve branch aaency wi~h statutory or administrative
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L ll I \J o . %/•t I m. St •. •< ± * - J** O i^k C\ .W
http://www.pubAvhuchouse govAm-...'cnia.eop.gov.ui/1996/5/24/6.text.2
rssponsibi)ity for the meina.semer.t of Federal lands anal- report to rhe
President, throuqh the Assistant to the President for Domestic' Policy,
on the iraplefp.entat.ion of this order. Such reports snail address, air.onq
other thincs, {-) any changes necessary to accomodate access to and
cereir.ofi.ial use ox Inaian sa~red sites; (iil any ^hanqes necessary to
avoid adversely effecting che physical integrity of Imi.an saored sit as;
and Uii( procedures iir.pieroenced or propos-sa to faci: itate consulr.oi icr.
with appropriate Tndian tribes and religiov.a leaders ena the expeditious
re£OLut_on of disputes rela-iig to agency set lor. on Federal land'* that
may adversely affect access to, ceremonial use cf, or tne physical
integrity of sacred sites.
Sec. 3. Nothing in this order shall be construed to require a
taking of vested property interests. Mor shall this order se construed
zo impair enforceable rights no use of Federal lands that have been
qranted to third parties through final agency action. For purposes cf
this order, "aqency action" has che sane meaning as *n cho
Administrative Procedure Act -5 U.S.C. 551ll3>).
Sec. A. This order is intended only to improve the internal
management cf the executive fcranch and is not intended r.o, nor does it,
create any right, benefit, or trust responsibility, substantive or
procedural, enforceable at law or equity by any party against che United
States, its agencies, officers, or any person.
WILLIAM J. CI.lM'iON
THE WHITE HOUSE,
May 24, 19S>6.
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AMUUtfAH imiAN XtTOffU>!*M*MTA$. Of^piCM,
Mission & EPA Contacts
An Overview
mmm The American Indian Environmental Office (AIEO) coordinates the
Agency-wide effort to strengthen public health and environmental protection in
Indian Country, with a special emphasis on building Tribal capacity to
administer their own environmental programs. AIEO oversees development
and implementation of the Agency's Indian Policy and strives to ensure that all
EPA Headquarters and Regional Offices implement their parts of the Agency's
Indian Program in a manner consistent with Administration policy to work with
Tribes on a government-to-government basis and EPA's trust responsibility to
protect Tribal health and environments AIEO's responsibilities also include:
• providing multi-media program development grants to Tribes,
• negotiating Tribal/EPA Environmental Agreements that identify Tribal
priorities for building environmental programs and also for direct, EPA
program implementation assistance,
• developing tools to assist Tribal environmental managers in their
decisions on environmental priorities;
• developing training curricula for EPA staff on how to work effectively
with Tribes; and
• working to improve communication between the Agency and its Tribal
stakeholders in a number of ways, including assistance to Agency
Offices as they consult more closely with Tribes on actions that affect
Tribes and their environments, and support for regular meetings of the
Agency's Tribal Operations Committee.
AMERICAN INDIAN ENVIRONMENTAL
OFFICE - WASHINGTON, DC
(All area codes are 202)
Director
Kathy Gorospe
260-7939
http://www epa.gov/indian/miss.htm
5/7/99
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Mission & EPA Contacts
Page 2
Deputy Director
]Tom Wall
)260-7939
Program Office Liaisons
Office of Air
Tony Hanson
Tonya Fish
260-8106
260-0769
Office of Children's Health Protection
Theresa Fleming
260-3986
Office of Civil Rights
Bob Smith
260-8202
Office of Enforcement and
Compliance Assurance
Tony Hanson
260-8106
Office of Environmental Justice
Tony Hanson
Marlene Regelski
260-8106
260-7284
Office of Federal Activities (NEPA)
Clara Mickles
Tony Hanson
260-7519
260-8106
Office of General Counsel
Tony Hanson
260-8106
Office of Policy
Marlene Regelski
260-7284
Office of Prevention, Pesticides and
Toxic Substances
Richard Regan
260-1008
Office of Research and Development
Marlene Regelski
260-7284
Office of Solid Waste and Emergency
Response
Clara Mickles
260-7519
Office of Water
Bob Smith
Richard Regan
Marlene Regelski
260-8202
260-1008
260-7284
Special Functions
Baseline Assessment
Ed Liu
Tonya Fish
Rodges Ankrah
260-9872
260-0769
260-9840
Budget, Resource Administration
Diane Baucom
Elizabeth H Smith
260-8822
260-4609
Clean Water Action Plan
Richard Regan
260-1008
Communication/Outreach, Computer
Mgmt., Education/Internships, Web
Page Management
Marlene Regelski
260-7284
General Assistance Program
Ed Liu
Rodges Ankrah
Tonya Fish
Dianne Baucom
Elizabeth H. Smith
Gabriella Lombardi
260-9872
260-9840
260-0769
260-8822
260-4609
260-5359
GPRA/Strategic Planning
Dianna Baucom
260-8822
Human Resources
Dianna Baucom
Edna Gartner
260-8822
5696
Inter-Agency Coordination
Tonya Hanson
Marlene Regelski
260-8106
260-7284
http //www epa gov/indian/miss htm
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Mission & EPA Contacts
Inter-Agency Coordination
Performance Partnership Grant
Program
National Indian Workgroup Liaison,
Data/Reporting and Senior
Environmental Employee Program
Special Emphasis Manager for Native
American Recruitment
Travel, Appointments, Time Cards
Tribal Operations Committee Liaison
"Working Effectively with Tribal
Governments" Training
Richard Regan
Tonya Fish
Bob Smith
Clara Mickles
Bob Smith
Gretchen Helm
Theresa Fleming
Tonya Fish
Page 3 of 3
260-1008
260-0769
260-8202
260-7519
260-8202
260-5229
260-3986
260-0769
COMMENTS 1 EPA HOME I EPA SEARCH | OW HOME i TRIBAL LINKS IAIEO
HOME
http://www.epa. gov/'mdianmisshtm
http //www.epa gov/indian/miss htm
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Program Contacts
Page 1 of 6
6EBA Bfc. otnn.fw*™
AKK*ICAH IN1MAN 0^145*
HEADQUARTERS PROGRAM OFFICE INDIAN COORDINATORS
Diane Bazzle
Office of the Administrator
Office of Executive Support (1104)
(202) 260-4057
FAX: 260-4474
Maureen Ross
Office Administration & Resource Management
Grants Administration Division (3903)
(202) 564-5356
FAX: 565-2470
David Laroche
Office of Air & Radiation (6401)
(202) 260-7652
FAX; 260-8509
Ruth Miller
Office of Enforcement and Compliance Assurance(OECA)(2201 A)
(202)-564-4299
FAX: 564-0284
Danny Gogal
OECA
Office of Environmental Justice (2201 A)
(202) 564-2576
FAX. 501-0740
Wendy Cleland-Hamnet
Office of Policy
Center for Information & Statistics (2151)
(202) 260-4030
FAX: 401-2213
Jim Havard
Office of General Counsel (2322)
(202)260-1003
FAX: 260-8392
Caren Rothstein
Office of Prevention, Pesticides & Toxic Substances (7104)
(202) 260-0065
FAX: 260-1847
http //www epa.gov/indian/program, htm
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Program Contacts
Page 2 of 6
Lawrence Martin
Office of Research & Development
Office of Science Policy (8103R)
{202) 564-6497
FAX; 565-2926
Charlene Dunn
Office of Solid Waste arid Emergency Response (5101)
(202) 260-9466
FAX: 260-6606
Judy Hecht
Office of Water (4102)
(202) 260-5682
FAX: 401-3372
NATIONAL INDIAN WORKGROUP fNrWG) Has
MEMBERS/INDIVIDUAL PROGRAM OFFICE CONTACTS
Office of the Administrator Indian Proeram Coordinators
Pat Gilcbriest
Office of Executive Support (1104)
(202)260-9459
FAX: 260-4474
Tom Dickerson
Office of Congressional & Intergovernmental Relations (1305)
(202)260-5417
FAX: 260-5185
Doretta Reaves
Office of Communications, Education & Media Relations (1702)
(202) 260-3534
FAX: 260-0130
Ted Coopwood
Office of Children's Health Protection (1107)
(202) 260-7778
FAX 260-4103
Edna Paisano
Office of Civil Rights (! 201)
(202) 260-3084
FAX: 260-4580
Pamela Luttner
Office of Regional Operations (1108)
(202) 260-2441
FAX. 260-9365
http //www epa gov/indian/program htm
5/7/99
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Program Contacts
Karen Flagstad
Office of Reinvent ion {] 803)
(202) 260-9093
FAX 260-1812
Robert Hardaker
Office of Cooperative EnvJOTtiTiein&l Management tJ601F)
[202) 260-2477
FAX: 260-6882
EVaine Rice
Office of Small & Disadvantaged Business Utilization (1230)
(202) 260-4899
FAX. 401-1080
Jeanette Brown
Office of Small & Disadvantaged Business Utilization (1230)
(202) 260-4100
FAX 401-1080
Myrna Mooney
Office of Small & Disadvantaged Business Ufilizafion (1230)
(202)260-1563
FAX. 4OM08G
Jack Fowle,
Science Advisory Board (1400)
(2a?) 260-S32S
FAX; 260-7118
Vithie Richardson
Sconce Advisory Board/ MOO)
(202) 260-S3&1
FAX: 260-71 IS
Office of the Ckief Financial Officer
Stein
Office of the Comptroller (2732)
(202) 260-5385
FAX. 260-0034
Vivan Daub
Office of Planning, Analysis & Accountability (272^)
(202)-260-6790
FAX: 260-3659
Office of Enforcement. Compliance Assurance
Jonathan Binder
Office of Compliance {2224A)
fittp 'vVwiv epa.ga v'iadian/prograrti. htm
5/7/99
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Program Contacts
Page 3 of 6
Karen Flagstad
Office of Reinvention (1803)
(202) 260-9093
FAX: 260-2812
Robert Hardaker
Office of Cooperative Environmental Management (160 IF)
(202) 260-2477
FAX: 260-6882
Elaine Rice
Office of Small &
(202) 260-4899
FAX: 401-5080
Jeanette Brown
Office of Small &
(202) 260-4100
FAX 401-1080
Mvrna Mooney
Office of Small &
(202)260-1563
FAX: 401-1080
Jack Fowle,
Science Advisory Board (1400)
(202) 260-8325
FAX 260-7118
Vickie Richardson
Science Advisory Board(1400)
(202) 260-5381
FAX: 260-7118
Office of the Chief Financial Officer
Raffael Stein
Office of the Comptroller (2732)
(202) 260-5385
FAX: 260-0084
Vivan Daub
Office of Planning, Analysis & Accountability (2723)
(202)-260-6790
FAX: 260-3659
Office of Enforcement. & Compliance Assurance
Jonathan Binder
Office of Compliance (2224A)
Disadvantaged Business Utilization (1230)
Disadvantaged Business Utilization (1230)
Disadvantaged Business Utilization (1230)
http://www.epa gov/indian/program. htm
5/7/99
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Program Contacts
Page 4 of 6
(202) 564-2516
FAX. 564-0009
Dianne Rowe
Office of Compliance (2222A)
(202) 564-2518
FAX: 564-0032
Office of General Council
Jeff Keohane
(2322)
(202) 260-5314
FAX. 260-8392
Tod Siegal
(2322)
(202) 260-0549
FAX. 260-8392
Leslie Darman
(2377)
(202- 260-4930
FAX: 401-5482
Office of Prevention. Pesticides & Toxic Substances
Mary Lauterbach
Office of Pollution Prevention & Toxics (7408)
(202) 260-9563
FAX: 260-1580
Liz Resek
Office of Pesticide Programs (7506C)
(703) 305-6005
FAX: (703)308-1850
Regina Langton
Office of Pesticide Programs (7506C)
(703) 305-7161
FAX (703)308-1850
Office of Solid Waste and Emergency Response
Bill Lienesch
Office of Underground Storage Tanks (5402W)
(703)603-7162
FAX: (703)603-9163
Stephen Etsitty
Office of Solid Waste (5303W)
http://www epa.gov/indian/program.htm
5/7/99
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Program Contacts
Page 5 of 6
(703) 305-3194
FAX: (703) 308-8638
Karen Rudek
Office of Solid Waste (5306W)
(703) 308-1682
FAX: (703) 308-8686
Beverly Goldblatt
Office of Solid Waste (5306W)
(703)308-7278
FAX: (703) 308-8686
Felicia Wright
Office of Emergency & Remedial Response (5204G)
(703)603-8775
FAX. (703)603-9104
Marsha Minter
Federal Facilities Restoration & Reuse Office (5101)
(202) 260-6626
FAX: 260-6606
Kate Narburgh
Chemical Emergency Preparedness & Prevention Ofc. (5104)
(202) 260-8247
FAX: 401-3448
Office of Research and Development
Jason Edwards
Environmental Sciences Research Division (8723R)
(202) 564-6906
FAX 565-2448
Douglas Grosse
National Risk Management Research Laboratory
Technology Transfer Division, Cincinnati, OH (MD-497)
(513) 569-7844
FAX: (513)569-7585
Office of Water
Sylvia Bell
Office of Wastewater Management (4204)
(202) 260-7255
FAX: 260-0118
Betty West
Office of Wastewater Management (4203)
(202) 260-8486
http://www.epa.gov/indian/program htm
5/7/99
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Program Contacts
Page 6 of 6
FAX: 260-9544
Clarence Braddock
Office of Wastewater Management (4201)
(202) 260-5828
FAX: 260-1156
Karen Gourdine
Office of Science & Technology (4304)
(202)260-1328
FAX: 260-9830
Staci Gatica
Office of Ground Water & Drinking Water (4606)
(202) 260-3967
FAX: 260-0732
Edwin Drabkowski
Office of Wetlands, Oceans & Watersheds (4503F)
(202) 260-7009
FAX: 260-7024
* Please note that the above people can be reached via e-mail by :
Lastname.Firstname@epa.gov.
COMMENTS 1 EPA HOME I EPA SEARCH I OW HOME i TRIBAL LINKS I AIEO HOME
http://www.epa. gov/indian/programhtm
http //www epa.gov/indian/program.htm
5/7/99
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TRIBAL OPERATIONS COMMITTEE
CHARTER
This charter sets forth the basic operating goals, principles and
operating procedures for the TOC
MISSION STATEMENT
In a manner consistent with the U.S. Environmental Protean AgMcy (EPA) I^i^ EPA's
trust responsibility^ environmental lawsi regulations, policies and guidance, the mission 6f the Tribal
Operations Committee (TOC) is to advance the protection and iraproye the conditions of Tribal
health and the environment in Indian Country: The relationship between TOC and EPA will not
substitute for the: govemment-to-government relationshi p between EPA and tribal governments;
BACKGROUND
EPA Administrator* Carol NL Browner, convened the first TOC meeting on February 17, 1394. At
this first meeting, tribal representatives of the TOC presented three recommendations: 1) Reaffirm
the 1984 EPA Indian Policy and the EPA State/Tribal Concept Paper on jurisdiction; 2) Establish
a National EPA Indian Environmental Office; and 3) increase funding for tribal environmental
programs. In raj&nse to th^e rerommendations, Administrator Browner announced the formation
of an EPA Senior Leadership Team1 for tribal operations. The tote of the team was to assist in
developing: (1) strategic planning and budget recommendations, (2) updated implementation
guidance for EPA's Indian policy, and (3) organizational recommendations. The TOC met several
times during 1994 which resulted in the establishment of the American Indian Environmental Office
(AIEO), reaffirmation of the 1984 EPA Indian Policy (Attachment 1), and the July 14,1994 Action
Memorandum (Attachment 2), and increased funding for Indian programs
'Martha Prothro, Special Counsel on l.idian Affairs, and Bill Yellowtail, EPA
Region 8, Regional Administrator, were appointed as co-chairs of the senior
leadership team.
t
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PART I. Goals
The goals of the TOC are to improve EPA environmental programs by:
(1) building tribal environmental capacity and infrastructure to support implementation of on-
going tribal environmental programs;
(2) promoting assumption of federal environmnital programs by tribal governments consistent
with federal law where tribes desire to be treated in a manner like a state;
(3) advancing strong environmental protection for ill Tribes by developing national
environmental strategies on issues of importance to the Tribes and EPA;
(4) assisting v^ith EPA's developments Indian Program budget priorities and management
functions at every level fltitSitt EPAj
(5) promoting tontinued eduWtion at every level of EPA on Tribal sovereignty issues, the
principles of Indian law and Tribes as axegulators;
(6) supporting increased tribal accessito ESA^programs, funding, technical
assistance, training and informatiotU and
(7) assisting EPA to develop and maintain open dialogue among Indian Tribes and
EPA. "
PART 2. Role of the TOC
The TOC, comprised of both EPA Senior Management, including AIEO and Tribal Leaders, who
are EPA's environmental co-regulators, will provide input into EPA "operational" decision- making
affecting Indian Country;
The Tribal representatives of the TOC will be referred to as the Tribal Caucus. The Tribal Caucus
elects their own chairperson, vice-chairperson and secretary from among their member
representatives. The Chairperson of the Tribal Caucus s ;rves as the Co-chair with the Administrator
presiding over .the full TOC membership.
The Tribal Caucus will work with EPA work groups, such as the National Indian Work Group
(NIWG), the EPA Indian Attorneys Work Group, etc., by identifying national Indian environmental
policies and issues for discussion and resolution on how EPA can improve their program delivery
and implementation.
2
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The Tribal Caucus will work on a regular basis with the AIEO as it oversees the implementation of
the EPA Indian Policy and develops policy and guidance for EPA to provide environmental
protection for Indian tribes
Individual tribes can put forth issues through their Tribal representative or through a govemment-to-
government relationship with the EPA. The TOC does not preclude a tribe from exercising their
sovereignty and forming their own relationship with EPA.
The TOC will identify issues to be placed on each meeting agend^ aiid sb pecessary develop issue
papers for consideration of pertinent concerns to the Tribes. Tribal Caucus may assist EPA to
determine when broad Tribal input is appropriate rather toan just TOG input.
PART 3.: Membership
Section I. Tribal Representatives
In February 1994/EPAAdmmistratorCarolBrowner invited eighteentribal fepfe&ntatives to serve
on the Tribal Operations Committee. There weretwomethodsbywhich tnbal r^reaentatives were
originally confirmed to the Tribal Caucus. Administrator Btowner,ask6d the Regional
Administrators to identifythetribalrepresenlatives.InsQme.regians/tfaeRegionalAdministrator
identified and appointed the tribal representatives. In other regions, theRegional Administrates
requested Tribes to delegate their representatives and these representatives were confirmed by die
Administrator.
Since the establishment pf &e Tribal :
Caucus was increased from 18 to 19 on March 30, 1995, with the addition of one representative
(Montana) in Region VIII, There are 19 Tribal TOC members from nine EPA regions. The
regional Tribal representation is as follows:
Region 1-1
Region II -!
Region IV -1
Region V - 2
Region VI - 2
Region VII - I
Region VIII - 3 (one member from Montana)
Region IX - 4 (one member from Navajo Nation)
Region X - 4 (two members from Alaska)
Tribes in each region will determine the method of selection of representatives and alternates and
EPA Regions will provide assistance to tribes in the selection process.
3
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Notification of appointments or resignations of Tribal representatives to the TOC shall be made by
the Regional Administrator through a letter to the Co-chairs of the TOC and the Director of the
American Indian Environmental Office.
TOC membership is' limited to federal officials and elected Tribal officials or their designated or
authorized employees.
Regular Attendance All Tribal Caucus representatives and/or their alternates must strive to attend
all meetings on a regular basis. However, no more than three consecutive meetings can be missed
by any one Tribal Representative or their alternate. Attendance on conference calls is encouraged
by all Tribal Caucus representatives or their alternates.
Alternate The recognized Tribal representative will inform his or her alternate of any meeting in
which they will be absent or unable to attend, All alternates will have the same voting rights as the
regular Tribal Caucus Representative in the absence of the regular Tribal Caucus Representatives..
Length of Tarm of Tribal Caucus Members- The length of term for Tribal Caucus members shall
be determined by. the Tribes of the Region*
Section 2. EPA Membership:
Membership to the TOC shall be composed Df the following senior managers:
Administrator
Deputy Administrator
AIEO Director
Chief Financial Officer
Regional Administrator of Lead Region on Indian Programs
Regional Administrator of Backup Region on Indian Programs
Regional Administrators
Assistant Administrator fof Administration and Resource Management
Assistant Administrator, Office of Water
Assistant Administrator, Office of Air and Radiation
Assistant Administrator, Office of Prevention, Pesticide & Toxic Substances
Assistant Administrator, Office of Solid Waste & Emergency Response
AssisOtant Administrator, Office of Enforcement & Compliance Assurance
Assistant Administrator, Office of Research & Development
Assistant Administrator, Office of Policy, Planning & Evaluation
Assistant Administrator, Office of International Activities
General Counsel
Inspector General
Associate Administrator, Office of Regional Operations & State/Local Relations
4
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Associate Administrator, Office of Congressional & Legislative Affairs
Associate Administrator, Office of Communication Education & Public Affairs
PART 4. Tribal Caucus Officers
Section 1. The officers of the Tribal Caucus shall be: Chairperson, Vice-Chairperson, and
Secretary.
Section 2. Selection of Officers.
The selection of Officers shall be held every year at a regular meeting of the Tribal Caucus.
Nominations must be made by a Tribal Caucus member in writing. Officers shall be elected by a
majority vote of the 19 tribal representatives to the Tribal Caucus. Officers shall hold office for one
year or until their successors are«lected.:: thirty days advance notice ;ofaiiy p^diag election and
nominations ofdfficersshilHbei^Vtd^ to e&dh Tribal
Nomination and el^^h wlU b^initiated aiui coordinated in consultation
with the Officers of the Tribal Caucus.
Section 3 Duties ofTribal Caucus Officers:
(a)
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PART 5. Meetings
Section 1. Regular Meetings
Four quarterly meetings will be held, one of which shall be the Annual meeting. The Annual
meeting may be held in conjunction with the Annual Agency Planning Meeting where the Tribal
Caucus members participate in priority setting and budget formulation for the upcoming fiscal year.
Of these four quarterly meetings the full TOC will meet twice, the Tribal Caucus and the NIWG will
meet at least once and the AIEO and the Tribal Caucus will meet as a fourth meeting A1EO will
provide administrative and technical support to the Tribal Caucus for all meetings.
TOC meetings are solely for the purpose of exchanging views, information or advice relating to
management or implementation of federal programs established pursuant to public law: that
explicitly or inherently share intergovernmental responsibilities or administration.
Section 2. Special Meetings.
Spdcial meetings may be called by the Chairperson of the Tribal Caucus or theQiredor ofthe AIEQ
with concurrence of the Co-chairperson of the TOC.
Section 3. Conduct of Meetings
Tribal customs, practices and manner shall govern the order of the meeting for ill TOC meetings.
The Tribal Caucus shall strive for consensus decision making as a me^ to formally est^lish the
position of the Tribal Caucus.
Section 4. Conference Calls.
AIEO will arrange conference calls for the Tribal Caucus on a regular basis to support Tribal Caucus
activities.
PART 6. Quorum
A,majority of the full membership of the Tribal Caucus shall constitute a qi orum for all Tribal
Caucus meetings. The lack of a quorum at a meeting shall not prevent those present from
proceeding with discussions and consensus-building on environmental issues that will affect Tribes.
6
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PART 7. Subcommittees and Work Groups of the Tribal Caucus
The Tribal Caucus may establish subcommittees or work groups, when necessary, to facilitate the
purpose and goals of the Tribal Caucus. EPA representatives may be asked to participate in these
work groups to lend their technical expertise. A lead person will be designated to oversee the
subcommittee or work group. The lead person wilt be responsible for ensuring the group and/or
committee carries out their assigned task and will place the item on the next Tribal Caucus meeting
for discussion and report. The AIEO will communicate all issues and concerns of any
subcommittees or work groups to the fill! TQC. The AIEO will coordinate between Tribal Caucus
work groups and EPA wo&gipups undeft&ing similar activities
PART 8. Amendments
This charter may be amended at a. full TOC meeting. Amendments must be accepted by a majority
of the total membership of the Tribal Caucus. Any Tribal Caucus member may propose an
amendment. Any jmiposMiamedd^eint;mustbesubmitted in
meeting to
placid on the agenda for the nextTOCmeeting.
writing 30 days prior to the next
and
Part 9. Certification
We herebycertifythat the foregoingTribalOperations Committee Charter was adopted at a ditty
called meeting of the Tribal Operations Committee, held on the 11th day of April, 1996, where a
quorum was present. >' 3 \ . -v
Dated this
JUL
day of.
Aft»iu
, 1996.
Administrator, Environmental Protection Agency
7
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Tribal Operations Committee
Page 1 of 5
4% rim vmwersxm
A ocm
AMXMfiAN INt>lAN IHVmomHTA)*
EPA Tribal Operations Committee:
Overview and Contacts
In order to improve communication and build stronger partnerships with the
Tribes, the U S Environmental Protection Agency (EPA) established a Tribal
Operations Committee in February 1994. The Tribal Operations Committee
(TOC) is comprised of 19 Tribal leaders or their Environmental Program
Managers (referred to as the "Tribal Caucus") and EPA's Senior Leadership
Team, including the Administrator, the Deputy Administrator and the
Agency's Assistant Administrators and Regional Administrators.
$
The Tribal Caucus (TC) meets on a regular basis to discuss implementation
of the environmental protection programs for which EPA and the Tribes
share responsibility as co-regulators. All Tribes are encouraged to
communicate with members of the TC. The current membership of the TC is
as follows:
TRIBAL OPERATIONS COMMITTEE MEMBERS:
(March 1999)
Region Tribal Representatives Phone # Fax#
1 John Banks (207) 827-7776 (207) 827-2088
-Vice-Chairman (207) 853-2600 (207) 853-6039
2 (Gov Richard Doyle) (518)358-314! (518) 358-2797
4 Ken Jock (716) 532-0024 (716) 532-0035
(LisaMaybee) (704)497-2771 (704)497-2952
5 Chief Joyce Dugan (704)497-6977 (704)497-3615
(Calvin Murphy) (715)799-5100 (715)799-3373
Chairman Apesanahkwat
, -Chairman (715)478-7209 (715)478-7225
(Joe Young) (715) 588-3303 (715)588-7930
President Tom Maulson (505)881-1992 (505)883-7682
Dell Calabaza (505> 884-0480 (505) 883-7641
7 (Ted Garcia) (918)456-0671 (918)458-4299
Chief Joe Byrd (9l8> 458-5496 (918) 458-5499
8 (Nancy John) (785)966-2946 (785)966-2947
Latane Donelin (785> 48&-2601 (785) 486-2445
(Bill Alien) (307> «2-3164 (307) 332-7579
Don Aragon (97°) 563-0135 (970) 563-0384
9 (Cheryl Wiescamp) (701)477-6481 (701)477-0006
Rhonda Azure - (605>867'2421 (605>M7-S044
Secretary (406) 338-7421 (406) 338-7451
(Kim Clausen) (406> 675-2700 (406) 675-2713
http://www epa.gov/indian/overtoc.htm
5/7/99
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Tribal Operations Committee
(Kim Clausen)
Page 2 of 5
10
Gerald Wagner
(Bill Swaney)
Michelle Salgado
(Mike Connolly)
Johnny Enfield
(909) 763-5549
(619) 478-9046
(520)338-4408
(520)338-4409
(702) 773-2306
(Margaret Baha Walker) (?02) 773-2002
Cassidy Williams. (907) 591-2834
(Tad Williams)
Robert Beans
(Percy Ballot, Sr.)
Gail Alstrom
(Alvin D Osterback)
Wendell Hannigan
(Gwendolyn Carter)
Bob Kelly
(Georgia George Rye)
(907) 494-2171
(907)438-2312
(907)383-5616
(509) 865-5121
(208) 843-2253
(360) 592-5176
(360) 598-3311
(909) 763-2808
(619) 478-5818
(520)338-5260
(520)338-5260
(702) 773-2585
(702) 773-2136
(907)591-2020
(907) 494-2217
(907) 438-2572
(907)383-5814
(509) 865-5745
(208) 843-7354
(360)592-5753
(360) 598-4666
Theresa Fleming EPA TOC Coordinator (AIEO):
(202) 260-3986, FAX # (202) 260-7509
NOTE: The Tribal Operations Committee is an important and effective vehicle
for enhancing communication between EPA and its Tribal co-regulators but is
not a substitute for Agency consultation with individual Tribes in accordance
with the Administration policy of working with Indian Tribes on a
government-to-government basis. (Names in parentheses are TOC Alternate
Members)
John Banks
Penobscot Environmental Dept.
6 River Road
Indian Island Reservation
Old Town, Maine 04468
Ken Jock
Environment Division
RR#1 Box 8A
Hogansburg, NY 13655
Lisa Maybee
Seneca Nation of Indians
Health Annex Building
1508 Route 438
Irving, NY 14081
Chief Joyce Dugan
Eastern Band Of Cherokee
Qualla Boundary
Post Office Box 455
Cherokee, NC 28719
Kim Clausen
Oglala Sioux Tribe
P.O. Box 320
Pine Ridge, SD 57770
Kim Clausen
- Federal Express Address:
Oglala Sioux Tribe -
Attn: Environmental Department
Main Street, Red Cloud Bldg.
Pine Ridge, SD 57770
Gerald Wagner
Blackfeet Tribe Environmental
Office
P.O. Box 2029
Browning, MT 59417
Gerald Wagner
- Federal Express Address:
Blackfeet Tribe
2029 Government Square
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Tribal Operations Committee
Page 3 of 5
Calvin Murphy
Eastern Band Of Cherokee
Qualla Boundary
Post Office Box 547
Cherokee, NC 28719
Calvin Murphy
- Federal Express Address:
US Highway
Tribal Utilities Building
Cherokee, NC 28719
Chairman Apesanahkwat
Menominee Tribe
P.O. Box 910
Keshena, Wl 54135
Joseph Young
Forest County Potawatomi Tribe
PO. Box 340
Crandon, Wl 54520
Tom Maulson
President Lac Du Flambeau Band
of Lake
Superior Chippewa Indians of
Wisconsin
P.O. Box 67
Lac Du Flambeau, Wl 54538
Dell Calabaza
All Indian Pueblo Council
Secretary Treasurer
3939 San Pedro, NE - Bldg. E
P.O. Box 3256
Albuquerque, NM 87190
Ted Garcia
AIPC, Pueblo Office of
Environmental Protection
3939 San Pedro, NE
P.O. Box 3256
Albuquerque, NM 87190
Chief Joe Byrd
Cherokee Nation of Oklahoma
115 West North Street
P.O. Box 948
Tahlequah, OK 74465
Old BIA Building
Browning, MT 59417
Bill Swaney
Environmental Director
Confederated Salish & Kootenai
Tribe
P.O. Box 278
Pablo, MT 59855-0278
Bill Swaney
- Federal Express Address
Confederated Salish & Kootenai
Tribal Complex
Hwy 93 North
Pablo, MT 59855-0278
Johnny Enfield
Vice-Chairman
White Mountain Apache
P.O. Box 589
White River, AZ 85941
Johnny Enfield and
Margarate Baja Walker
- Fed. Exp. Address
Vice Chairman, White Mountain
Apache
202 Walnut Building
White River, AZ 85941
Margaret Baha Walker
Tribal Councilwoman
White Mountain Apache Tribe
P.O. Box 589
White River, AZ 85941
Mike Connolly
Campo EPA
36190 Church Road, Ste. 1
Campo, CA 91906
Michele Salgado
Tribal Spokesperson
Cahuilla Band of Indian
P.O. Box 391760
Anza, CA 92539
Chairman Cassidy Williams
Walker Paiute Tribe
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Tribal Operations Committee
Page 4 of 5
Nancy John
Cherokee Nation of Oklahoma
115 West North Street
P.O. Box 948
Tahlequah, OK 74465
Latane Donelin
Director
Planning & Environmental
Protection Dept.
Prairie Band Potawatomi Nation
15434 K Road
Mayetta, KS 66509-9114
Bill Allen
Director, Kickapoo Environment
Office
Kickapoo Tribe of Kansas
P 0. Box 271
Horton, KS 66439-0271
Don Aragon
Wind River Indian Reservation
P.O. Box 217
Fort Washakie, WY 82514
Don Aragon
- Federal Express Address:
Wind River Indian Reservation
1 st & Washakie, Bldg. 10
Ft. Washakie , WY 82514
Cheryl Wiescamp
Southern Ute Indian Tribe
P.O. Box 737
Ignacio, CO 81137
P.O. Box 220
Schurz, NV 89406
Cassidy & Tad Williams
Federal Express Address:
1 Hospital Road
Schurz, NV 89406
Tad Williams
Walker River Paiute Tribe
P.O Box 220
Schurz, NV 89406
Robert Beans
P.O. Box 32209
Mountain Village, Alaska 99632
Alvin D. Osterback
Qagan Tayagungin Tribe
P.O. Box 447
Sand Point, Alaska 99661
Wendell Hannigan
Yakama Indian Nation
P.O. Box 151
Toppenish, Washington 98948
Gwendolyn Carter
Nez Perce Tribe
P.O. Box 365
Lapwai, Idaho 835540
Bob Kelly
Nooksack Indian Tribe Tibal
Council
P.O. Box 157
Deming, Washington 98244
Rhonda Azure Georgia George Rye
Turtle Mountain Band of Chippewa The Suquamish Tribe
P.O. Box 570 p 0 Box 498
Belcourt, ND 58316 Suquamish, Washington 98392
Ronda Azure
- Federal Express Address:
Turtle Mountain Band of
Chippewa
Highway 5
Belcourt, ND 58316
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U.S. EPA REGION 5
REGIONAL TRIBAL OPERATIONS COMMITTEE
CHARTER
Section I: Mission
Consistent with the U.S. EPA Indian Policy of 1984 and the Browner Action Memorandum of 1994,
the mission of the Region 5 Regional Tribal Operations Committee (RTOC) is to:
• promote the protection of public health and the environment in Indian Country;
• review and comment on regional environmental strategies on issues of importance to tribes;
• communicate environmental problems and needs of the tribes;
• interact with the National Tribal Operations Committee (NTOC), Region 5, and the tribes on
relevant environmental issues;
• assist Region 5 to meet its trust responsibility through enhancing responsiveness to tribal
needs and tribal access to U.S. EPA programs, funding, technical assistance, training, and
information.
The purpose of the RTOC is not to replace the Agency's responsibility for consultation on a
government-to-govemment basis.
Section 2: Goals
The goal of the RTOC is to form a partnership of tribal and U.S. EPA Region 5 representatives that
can work cooperatively to:
• resolve specific program issues concerning environmental protection in Indian Country;
• discuss and develop policies to advance environmental protection on Region 5 Indian
reservations;
• discuss national and regional budgetary issues that relate to environmental protection in
Indian Country.
Section 3: Roles and Responsibilities
Tribal representatives to the RTOC should obtain input on the agenda items and other significant
issues from the tribes in their respective state, prior to the RTOC meeting. There is an expectation
that tribal representatives to the RTOC will interact with the tribes in their state on issues raised at
the RTOC meetings. Region 5 recognizes that the tribes in each respective state may determine
additional roles and/or responsibilities for their representatives to the RTOC.
Region 5 will be responsible for the logistics of the meetings and distribution of meeting notes
following each RTOC meeting. Region 5 will maintain an RTOC Tracking System to record
progress and/or status of issues raised during the RTOC meetings. Copies of the RTOC tracking
Matrix will be distributed with the RTOC meeting agenda.
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Section 4: Membership
A. Tribal Representatives
The tribes in Michigan, Minnesota, and Wisconsin will be asked to designate two
representatives for each state, to serve as the 6 tribal members of the RTOC. At the
beginning of each fiscal year, Region 5 will request that the tribes verify their
representatives. As resources allow, Region 5 will provide funding to reimburse travel costs
for each tribal representative. Other tribal officials are welcome to attend the meetings.
Region 5 members to the National Tribal Operations Committee (NTOC) will be selected by
the Midwest Alliance of Sovereign Tribes (MAST). Tribal representatives to the RTOC
may serve as NTOC members if selected. Tribes that are not members of MAST will be
contacted separately by the American Indian Program Manager (AIPM) for their NTOC
member selections.
B. U.S. EPA Region 5 Representatives
The following Region 5 staff are members of the RTOC:
Regional Administrator/Deputy RA Assistant Regional Administrator for RMD
Office of Public Affairs, Director Office of Regional Counsel, Director
Air and Radiation Division, Director Division of Superfund, Director
Water Division, Director Great Lakes National Program Office, Director
American Indian Program Manager Tribal Environmental Liaisons
Waste, Pesticides & Toxics Division, Director
Office of Strategic Environmental Analysis, Director
C. RTOC Co-Chairs
The RTOC will be co-chaired by the Regional Administrator and one tribal RTOC
representative. The tribal co-chair will rotate every two years and will be selected by the
tribal RTOC representatives.
Section 5: Meetings
A. Frequency, Schedule, and Location of Regular Meetings
The RTOC will meet once during each-federal quarter. The meeting will be scheduled for
1:00-4:00 pm on the first Wednesday of the last month of each federal fiscal quarter
(December, March, June, September). At least one RTOC meeting each year will be held on
a Region 5 Indian Reservation.
B. Agenda Development
Based on input from the RTOC tribal and U.S. EPA Region 5 representatives, the AIPM will
develop a draft meeting agenda 2 weeks prior to the date of the meeting. The AIPM will
work with the Tribal Environmental Liaisons to distribute the draft agenda to all Region 5
tribes. RTOC members will be asked to review and provide comments on the agenda. The
final agenda will be distributed at the meeting.
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C. Meeting Minutes
The AIPM will be responsible for compiling draft minutes from each RTOC meeting.
Within 2 weeks of the meeting, the minutes will be distributed to all RTOC members, and to
all Region 5 tribal chairs and tribal environmental contacts. Copies of the meeting minutes
will also be forwarded to the regional inter-tribal organizations. The meeting minutes will
be approved at the following RTOC meeting.
The names and telephone numbers of the tribal RTOC representatives will be included at the
end of the meeting minutes. Tribal officials that have questions or comments related to the
RTOC meeting are encouraged to contact their respective RTOC representatives.
D. RTOC Tracking System
The AIPM will be responsible for maintaining an RTOC Tracking System, to follow
commitments made at the RTOC meetings. Copies of the RTOC Tracking Matrix will be
distributed with the meeting agenda.
Section 6: Communication
A. RTOC and the National Tribal Operations Committee (NTOC)
The AIPM will report on the NTOC proceedings at each RTOC meeting. NTOC agendas
and meeting minutes will be provided to each RTOC member.
B. RTOC and the 5-Agency MOU Work Group
The AIPM will report on the proceedings of the 5-Agency MOU Work Group meetings at
each RTOC meeting. Copies of the meeting notes from the 5-Agency MOU Work Group
will be provided to each RTOC member.
Section 7: Certification
The U.S. EPA Region 5 Regional Tribal Operations Committee Charter was reviewed and agreed to
by the members of Regional Tribal Operations Committee.
Co-Chair, Tribal Representative
Co-Chair, U.S. EPA Region 5
September 1998
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Revised S//99
HQ INDIAN COORDINATORS AND WORKGROUP MEMBERS
HQS INDIAN COORDINATORS
NAME/LOCATION:
Diane Bazzle, OA (1104)
Ruth Miller, OECA (2201 A)
Danny Gogal, OEJ (2201 A)
Caren Rothstein, OPPTS (7104)
Charlene Dunn, OSWER (5101)
David Lafoche, OAR (6401)
Jim Havard, OGC (2378)
Tom Dickerson, OCIR (1303)
Maureen Ross, GAD (3903R)
Jason Edwards, ORD (8723R)
Judy Hecht, OW (4103)
Doretta Reaves, OCMR (1702)
PHONE NVMPfifr FAXNVMBEft;
(202) 260-4057 260-4474
(202)-564-4299 501-02Q9
(202) 564-2576 501-0740
(202)260-0065 260-1847
(202)260-9466 260-6606
(202)260-7652 260-8509
(202)260-1003 260-8392
(202)260-5417 260-4046
(202)564-5356 565-2470
(202)564-6906 565-2448
(202)260-5682 401-3372
(202)260-3534 260-0130
WQRKERQPT MEMBERS
Betty West, OWM (4203)
Clarence Braddock, OWM (4201)
Karen Gourdine, OW/OST (4304)
Staci Gatica, OGWDW(4606)
Edwin Drabkowski, OWOW (4503F)
Mary Lauterbach, OPPT (7404)
Liz Resek, OPP (7506C)
Regina Langton (7506C)
Bill Lienesch, OUST (5402W)
Steve Etsitty, OSW (5303W)
Felicia Wright, SF (5204G)
Karen Rudek, OSW (5303)
Beverly Goldblatt, OSW (5303)
Marsha Minter, FFERRO ((5101)
KateNarburgh, CEPPO (5104)
Raffael Stein, OC (3302)
Jeff Keohane, OGC (2378)
Douglas Grosse, NRMRL
Jonathan Binder, OECA (2224A)
(202) 260-8486
(202)260-5828
(202} 260-1328
(202) 260-3967
(202) 260-7009
(202) 260-9563
(703) 305-6005
(703) 305-7161
(703)603-7162
(703) 305-3194
(703) 603-8775
(703)308-1682
(703) 308-7278
(202)260-6626
(202) 260-8247
(202)260-5385
(202)260-5314
(513) 569-7844
(202) 654-2516
260-9544
260-1156
260-9830
260-0732
260-8000
260-1580
703-308-1850
703-308-1850
703-603-9163
703-308-8638
703-603-9104
703-308-8686
703-308-8686
260-6606
260-1686
260-0084
260-8392
569-7585
564-0009
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WOfiKCRQVPmEMPERS
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ENVIRONMENTAL PROTECTION AGENCY
REGION 5
77 WEST JACKSON BLVD.
CHICAGO, ILLINOIS 60604
REGIONAL INDIAN WORKGROUP MEMBERS
Water Division
Bob Newport - WS-15J
Phone No. 312-886-1513
Fax No. 312-886-0168
Email: newport.bob@epa.gov
Office of Regional Administrator
Kestutis (Casey) Ambutas R-19J
Phone No. 312-353-1394
Fax No. 312-353-1120
Email: ambutas.kestutis@epa.gov
Mary Pat Tyson - WS-15J
Phone No. 312-886-3006
Fax No. 312-886-0168
Email: tvson.marvpat@epa.gov
Tim Roach - WS-15J
Phone No. 312-886-0214
Fax No. 312-886-6171
Email: roach. tim@epa.gov
Dan Cozza WS-15J
Phone No. 312-886-7252
Fax No. 312-886-0168
Email: c0z2a.dan@epa.gov
Felicia Gaines WS-15J
Phone No. 312-886-0139
Fax No. 312-886-0168
Email: gaines.felicia@epa.gov
Office of Public Affairs
Don Deblasio P-19J
Phone No. 312-886-4360
Fax No. 312-353-1155
Email: deblasio.don@epa.gov
Kenneth Westlake R-19J
Phone No. 312-353-1327
Fax No. 312-353-1120
Email: westlake.kenneth@epa.gov
Anne Rowan R-19J
Phone No. 312-353-9391
Fax No. 312-353-1120
Email: rowan.anne@epa.gov
Shirley Dorsey R-19J
Phone No. 312-353-9390
Fax No. 312-353-1120
Email: dorsev.shirlev@epa.gov
Air Division
Ben Giwojna AR-18J
Phone No. 312-886-0247
Fax No. 312-886-0617
Email: giwoina.beniamin@epa.gov
Robert Miller AR - 18J
Phone No. 312-353-0396
Fax No. 312-886-0617
Email: miller.robert@epa.gov
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Office of Regional Council
Barbara Wester C-14J
Phone No. 312-353-8514
Fax No. 312-886-0747
Email: wester.barbara@epa.gov
Roger Field C-14J
Phone No. 312-353-8243
Fax No. 312-886-0747
Email: field.roger@epa.gov
Resources Management Division
Michael Nishi M-9J
Phone No. 312-353-8242
Fax No. 312-353-4135
Email: nishi .michael@epa. gov
Debra Crume-Williams M-9J
Phone No. 312-886-6238
Fax No. 312-353-4135
Email: crume-williams.debra@eDa.gov
Steve Dodge
Tribal Liaison for Wisconsin Tribe
Phone No. 715-799-4216
Fax No. 715-799-4613
Email: dodge.steve@.epa.gov
Edward F. Fairbanks
Tribal Liaison for Minnesota
Phone No. 218-335-8167
Fax No. 218-335-0178
Email: fairbanks.ed@epa.gov
Jennifer Manville
Tribal Liaison for Michigan
Phone No. 616-922-4769
Fax No. 616-922-4499
Email: manville.jennifer@epa.gov
Office of Strategic Environmental Analysis
A1 Fenedick B-19J
Phone No. 312-886-6872
Fax No. 312-353-5374
Email: fededick.al@epa.gov
Great Lakes National Program Office
Mark Elster G-17J
Phone No. 312-886-3857
Fax No. 312-353-2018
Email: elster.mark@epa.gov
Waste Pesticides and Toxic Division
Dolly Tong DRP - 8J
Phone No. 312-886-1019
Fax No. 312-353-6519
Email: tong.dollv@epa.gov
Margaret Millard DR - 7J
Phone No. 312-353-1440
Fax No. 312-353-6519
Email: millard.margaret@epa.gov
Arturo Cisneros DRU-7J
Phone No. 312-886-7447
Fax No. 312-353-6519
Email: cisneros.arturo@epa.gov
Denise Reape DE-9J
Phone No. 312-353-7925
Fax No. 312-353-4342
Email: reape.denise@epa.gov
Emma Avant
Phone No. 312-886-7899
Fax No. 312-
Email: avant.emma@,epa. gov
Holly McDonald DT-8J
Phone No. 312-886-6012
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Fax No. 312-353-4788
Email: mcdonald.hollv@epa.gov
Superfund Division
Rey Rivera SE-5J
Phone No. 312-886-1450
Fax No. 312-353-9176
Email: rivera.reiniero@epa.gov
Glenn Cekus SC 6J
Phone No. 312-353-6449
Fax No.
Email: cekus.glenn@epa.gov
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MEMORANDUM OF UNDERSTANDING
AMONG THE FEDERAL AGENCIES
THAT WORK ON ENVIRONMENTAL ISSUES
WITH THE TRIBES IN MICHIGAN, MINNESOTA, AND WISCONSIN
Section I. Introduction and Statement of Purpose
The federal agencies that participate in this memorandum of understanding (MOU) work with the
tribal governments located in Michigan, Minnesota, and Wisconsin on the protection of human
health and the environment. Each agency has a trust responsibility to the tribes, which it fulfills
through the implementation of its programs. However, it is recognized that the federal agencies
often have common or overlapping responsibilities for the protection of human health and the
environment in Indian Country. Moreover, one agency does not possess the resources or
authorities to completely address all of the environmental issues facing the tribes.
The purpose of this MOU is to provide a mechanism for the federal agencies to work
cooperatively to: identify tribal priorities, determine federal roles and responsibilities, and develop
coordinated actions to respond to environmental issues and/or assist tribes to develop
environmental programs. The MOU can also provide the participating agencies with a means to
better implement their strategic planning objectives related to Indian Country, in accord with the
principles of the Government Performance and Results Act.
Section II. Participating Federal Agencies and Liaisons
A. The MOU will be open to any federal agency that has responsibilities related to
environmental protection in Indian Country. Existing members of the MOU will work to
expand the membership as appropriate. Signature pages certifying each agency's
acceptance of the provisions of this MOU are included in Section VII.
B. Each agency is requested to provide an agency liaison and an alternate, to serve as the
central contact for the agency's participation in this MOU. The liaison will be responsible
for maintaining communications with the other agencies, as well as, disseminating
information regarding the MOU within his or her own agency. The liaison will also be
expected to identify and engage other agency representatives that should be involved with
the MOU. Contact information for the liaison and alternate will be included on each
agency's signature page.
C. Federal agencies that are not signatories to this agreement are welcome, and are
encouraged, to participate in meetings and activities associated with the MOU. As issues
arise, other federal agencies may be contacted for their assistance or expertise.
Section HI. Participation by Tribal Governments
The federal agencies encourage representatives from the tribal governments in Michigan,
Minnesota, and Wisconsin to attend Work Group meetings and/or conference calls, in order to
provide input or raise issues before the participating agencies. The Work Group will maintain a
list of tribal government contacts that will receive meeting agendas and notes. The list of tribal
-------
will be «M —* » -* ^ f0r CO'TeC,iOTS M
additions.
Section IV. MOU Work representatives will comprise a Work Group which
A. The agency liaisons and ^ ofthe MOU. One agency liaison/representative wffl
is rcsponsableforthe rotate among the agencies on a yearly basis. A
^ve as the Work^Grot* ^ ^ected to serve as a back-up Chair.
B.
C.
serveasthe Work Group Chan, wbhmi **«• ««¦— » - .
second member of the Work Group will be selected to serve as a back-up Chair.
The Work Group wffl schedule quarterly meetings each year, alternating meeting locations
between Chicago and Minneapolis. Teleconference lines wffl be arranged for agency or
tribal staff who are unable to travel to the meetings. An interested tribe may oflfer to host
one quarterly meeting each year.
The Work Group Chair will be responsible for meeting logistics, developing the meeting
agenda, and assembling meeting notes. The meeting agenda and meeting notes will be
an federal agency and tribal contacts.
distributed to au b»«» ; —
- Solid Waste Task Force, Water Resources Task
° established for specific projects or issues.
,ni ,wicw the nrovisaons of this agreement at least every five years, and
E. The Work Group Throughout the Hfe of the MOU, aijy participating
«o *= MOU «. q»»t«rty Wo* Group merfug.
Acti
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2. Coordinate to the best extent possible, funding assistance to tribal governments,
where the funding authorities of the agencies are combined or complimentary. On
an annual basis, notify agency liaisons of funding actions (grants, cooperative
agreements, inter-governmental agreements, etc.) related to environmental
protection in Indian Country.
3. Work with other federal agencies through technical assistance, training, and other
appropriate means to provide environmental program services to tribal
governments.
4. Exchange information with other agencies on program activities, new regulations,
training opportunities, and projects related to environmental protection in Indian
Country. Information should be exchanged between the agency liaisons to the
MOU through informational mailings, news releases, reports, and direct
interaction.
B. The federal agencies participating in this MOU agree to support the development and
implementation of tribal environmental programs through assisting tribal governments to
build the necessary administrative, legal, and physical infrastructure. As appropriate and
within the constraints of available resources, each agency will:
1. Become familiar with the environmental protection priorities of each tribe, and use
these priorities to allocate resources, provide technical assistance, and implement
federal programs.
2. Coordinate training and technical assistance in areas of mutual responsibility and
expertise, to provide tribal governments with compatible information.
Section VI: Termination of Agency Participation
An agency that has certified its participation in, this MOU may terminate its participation through
a written notice to the Work Group Chair.
Section VU: Certification of Agency Participation
Federal agencies that agree to this MOU have certified their participation on individual signature
pages. Each signature page includes the name and contact information of the agency liaison and
alternate, and a certification by an appropriate official that the agency accepts the provisions of
the MOU. Agencies that participate in the MOU are asked to provide updated signature pages
when any information has changed.
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U.S. ENVIRONMENTAL PROTECTION AGENCY
REGION 5
The U.S. Environmental Protection Agency Region 5 agrees with the provisions of the
"Memorandum of Understanding Among the Federal Agencies that Work on Environmental
Issues with the Tribes in Michigan, Minnesota, and Wisconsin" (MOU), and will implement the
MOU to the best ofhs ability.
The following personnel have been designated the Agency's Liaison and Alternate to the MOU
Work Group:
Liaison: Kestutis Ambutas
American Indian Program Manager
U.S. EPA Region 5
77 West Jackson Boulevard
Chicago, IL 60604
Phone: (312)353-1394
Fax: (312) 353-1120
E-mail: ambutas.kestutis@epamail.epa.gov
400 Boardman Avenue
Traverse City, MI 49684
Phone: (616)922-4769
Fax: (616) 922-4499
E-mail: manville.jennifer@epamail.epa.gov
Alternate. Jennifer ManviOe
Tribal Liaison for Michigan
U.S. EPA Region 5
David A. Ullrich
Acting Regional Administrator
U.S. EPA Region 5
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TRIBAL CHAIRS, as of 1/00
MICHIGAN TRIBES
CHAIRMAN JEFF PARKER
BAY MILLS EXECUTIVE COUNCIL
12140 WEST LAKESHORE DRIVE
BRIMLEY, Ml 49715
906-248-3241
FAX: 906-248-3283
CHAIRMAN GEORGE BENNETT
GRAND TRAVERSE BAND OF
OTTAWA AND CHIPPEWA
2605 NW BAYSHORE DR.
SUTTONS BAY, Ml 49682
231-271-3538
FAX: 231-271-3727
CHAIRMAN KENNETH MESHIGAUD
HANNAHVILLE TRIBAL COUNCIL
N14911 HANNAHVILLE B-1 ROAD
WILSON, Ml 49896-9728
906-466-2932
FAX: 906-466-2933
CHAIRMAN BERNARD BOUSCHOR
SAULT STE. MARIE TRIBAL COUNCIL
179 W. THREE MILE ROAD
SAULT STE. MARIE, Ml 49783
906-635-6050
FAX: 906-635-4969
CHAIRMAN JOHN MILLER
POKAGON BAND OF POTAWATOMI INDIANS
901 SPRUCE STREET, P.O. Box 180
DOWAGIAC, Ml 49047
616-782-8998
FAX: 616-782-6882
CHAIRMAN KEVIN CHAMBERLAIN
SAGINAW CHIPPEWA TRIBAL COUNCIL
7070 E. BROADWAY ROAD
MT. PLEASANT. Ml 48858
517-775-4000
FAX: 517-772-3508
CHAIRMAN GERALD CHINGWA
LITTLE TRAVERSE BAY BAND OF
ODAWA INDIANS
PO BOX 246, 915 EMMET ST.
PETOSKY. Ml 49770
231-348-3410
FAX: 231-348-2589
CHAIRMAN ROBERT GUENTHARDT
LITTLE RIVER BAND OF OTTAWA
PO BOX 314
MANISTEE, Ml 49660
231-723-8288
FAX: 231-723-8761
CHAIRMAN D.K. SPRAGUE
MATCH-E-BE-NASH-SHE-WISH
BAND OF POTAWATOMI (GUN LAKE BAND)
P.O. BOX 218
DORR. Ml 49323
no phone or fax listed
Inter-Tribal Council of Michigan
Executive Director: Sharon Teeple
ACTING CHAIR LAURA SPURR
NOTTAWASEPPI HURON POTAWATOMI BAND
2221 17* MILE ROAD
FULTON, Ml 49052
616-963-2620
FAX: 616-963-2587
PRESIDENT WAYNE SWARTZ
KEWEENAW BAY INDIAN COMMUNITY
107 BEARTOWN ROAD
BARAGA, Ml 49908
906-353-6623
FAX: 906-353-7540
CHAIRMAN RICHARD WILLIAMS
LAC VIEUX DESERT TRIBAL COUNCIL
PO BOX 446
WATERSMEET, Ml 49969
906-358-4577
FAX: 906-358-4785
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TRIBAL CHAIRS AS OF 1/00
MINNESOTA TRIBES
CHAIRPERSON DORIS ISHAM
BOIS FORTE TRIBAL COUNCIL
PO BOX 16
NETT LAKE, MN 55772
218-757-3261
FAX: 218-757-3312
CHAIRMAN ROBERT PEACOCK
FOND DU LAC RBC
105 UNIVERSITY ROAD
CLOQUET, MN 55720
218-879-4593
FAX: 218-879-4146
CHAIRMAN NORMAN DESCHAMPE
GRAND PORTAGE RBC
TRIBAL OFFICE - BOX 428
GRAND PORTAGE, MN 55605
218-475-2277
FAX: 218-475-2284
CHAIRMAN ELI HUNT
LEECH LAKE TRIBAL COUNCIL
ROUTE 3, BOX 100
CASS LAKE, MN 56633
218-335-8200
FAX: 218-335-8309
CHAIRMAN ROGER PRESCOTT
LOWER SIOUX COMMUNITY COUNCIL
ROUTE #1, BOX 308
MORTON. MN 56270
507-697-6185
FAX: 507-637-4380
CHAIRMAN JOHN BUCKANAGA
WHITE EARTH TRIBAL COUNCIL
PO BOX 418
WHITE EARTH, MN 56591
218-983-3285
FAX: 218-983-3641
CHIEF EXECUTIVE
MARGE. ANDERSON
MILLE LACS BAND ASSEMBLY
HCR67, BOX 194
ONAMIA, MN 56359
320-532-4181
FAX: 320-532-4209
CHAIRPERSON AUDREY KOHNEN
PRAIRIE ISLAND COMMUNITY
5750 STURGEON LAKE ROAD
WELCH, MN 55089
651-388-8889
FAX: 651-385-4110
CHAIRMAN BOBBY WHITEFEATHER
RED LAKE TRIBAL COUNCIL
P.O. BOX 574
RED LAKE, MN 56671
218-697-3341
FAX:218-679-3691/3378
CHAIRMAN STANLEY CROOKS
SHAKOPEE MDEWAKANTON COMMUNITY
2330 SIOUX TRAIL NW
PRIOR LAKE, MN 55372
612-445-8900
FAX: 612-445-8906
CHAIRMAN DALLAS ROSS
UPPER SIOUX BOARD OF TRUSTEES
BOX 147
GRANITE FALLS, MN 56241
320-564-3853
FAX: 320-564-2547
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TRIBAL CHAIRS AS OF 1/00
WISCONSIN TRIBES:
CHAIRMAN EUGENE BIGBOY SR.
BAD RIVER TRIBAL COUNCIL
PO BOX 39
ODANAH, Wl 54661
715-682-7111
FAX: 715-682-7118
CHAIRMAN PHIL SHOPODOCK
FOREST COUNTY EXECUTIVE COUNCIL
PO BOX 346
CRANDON, Wl 54520
715-478-2903
FAX: 715-478-5280
CHAIRMAN ROGER McGESHICK
SOKAOGON CHIPPEWA TRIBAL COUNCIL
ROUTE #1, PO BOX 625
CRANDON, Wl 54520
715-478-2604
FAX: 715-478-5275
CHAIRMAN GAIASHKIBOS
LAC COURTE OREILLES BAND OF
LAKE SUPERIOR CHIPPEWA
ROUTE #2, BOX 2700
HAYWARD, Wl 54843
715-634-8934
FAX-.715-634-4797
CHAIRMAN TOM MAULSON
LAC DU FLAMBEAU TRIBAL COUNCIL
PO BOX 67
LAC DU FLAMBEAU, Wl 54538
715-588-3303
FAX: 715-588-7930
CHAIRMAN GERALD DANFORTH
ONEIDA BUSINESS COMMITTEE
PO BOX 365
ONEIDA, Wl 54155
920-869-1260
FAX: 920-869-2194
CHAIRPERSON JEAN BUFFALO-REYES
RED CLIFF TRIBAL COUNCIL
PO BOX 529
BAYFIELD, Wl 54814
715-779-3700
FAX: 715-779-3704
CHAIRMAN DAVID MERRILL
ST. CROIX TRIBAL COUNCIL
PO BOX 287
HERTEL, Wl 54845
715-349-2195
FAX: 715-349-5768
PRESIDENT BOB CHICKS
STOCKBRIDGE-MUNSEE TRIBAL COUNCIL
N8476 MOHECONNUCK ROAD
BOWLER, Wl 54416
715-793-4111
FAX: 715-793-1307
PRESIDENT JACOB LONETREE
HO-CHUNK NATION
PO BOX 667, HWY 54 EAST
BLACK RIVER FALLS, Wl 54615
715-284-9343
FAX: 715-284-9789
CHAIRMAN APESANAHKWAT
MENOMINEE TRIBAL LEGISLATURE
PO BOX 397
KESHENA, Wl 54135
715-799-3341
FAX: 715-799-4525
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AS OF 1/00
TRIBAL ENV. STAFF
MICHIGAN:
MS. ANN GEBHARDT
BAY MILLS INDIAN COMMUNITY
12140 WEST LAKESHORE DRIVE.
BRIMELY, Ml 49715
906-248-3241
FAX: 906-248-3283
MS. PATTY O'DONNELL
GRAND TRAVERSE BAND OF
OTTAWA & CHIPPEWA
2605 N. WEST BAYSHORE DR.
SUTTONS BAY, Ml 49682
231-271-3474
FAX: 231-271-3576
PATTYO@FREEWAY.NET
MR. SCOTT WIETING
HANNAVILLE TRIBAL COUNCIL
N14911 HANNAVILLE RD
WILSON, Ml 49896-2933
906-466-2959
FAX: 906-466-7350
SWIETING@MAIL.HVL.BIA.EDU
MR. DAN TADGERSON
SAULT STE. MARIE TRIBAL COUNCIL
2864 ASHMUN ST.
SAULT STE. MARIE, Ml 49783
906-632-5214
FAX: 906-632-5276
MR. TOM GUENTHARDT
LITTLE RIVER BAND OF OTTAWA INDIANS
PO BOX 314
MANISTEE, Ml 49660
231-723-8288
FAX: 231-723-8020
MS. JO ELLEN LEITH
POKAGON BAND OF POTAWATOMI
901 SPRUCE ST. P.O. BOX 180
DOWAGIAC, Ml 49047
1-800-658-9414
FAX: 616-782-6882
MR. MIKE DONOFRIO/CAROLYN GARCIA
KEWEENAW BAY INDIAN COMMUNITY
107 BEARTOWN RD.
BARAGA, Ml 49908
906-524-5757 / 906-353-6623
FAX: 906-524-5748
fax for Garcia: 906-353-7540
EMAIL FOR GARCIA: cgarcia@up.net
GEORGE BECK/MARILYN WHITENS
LAC VIEUX DESERT BAND OF
LAKE SUPERIOR CHIPPEWA
PO BOX 249, CHOATE RD.
WATERSMEET, Ml 49969
906-358-4577
FAX: 906-358-4785
MR. BILL SNOWDEN
SAGINAW CHIPPEWA TRIBAL COUNCIL
7070 E. BROADWAY RD.
MT. PLEASANT, Ml 48858
517-775-4016
FAX: 517-772-4151
was@get.net
DOUG CRAVEN
NOTTAWASEPPI HURON POTAWATOMI
223 E.ROOSEVELT AVE.
BATTLE CREEK, Ml 49017
616-963-2620
FAX: 616-963-2587
odawa74@hotmail.com
MS. TAIMIHOAG
LITTLE TRAVERSE BAY BAND OF
ODAWA INDIANS
915 EMMET ST., PO BOX 2246
PETOSKY, Ml 49770
231-349-5376 ext 11
FAX: 231-349-3882 alt: 348-2589
taimi@freeway.net
MR. DWIGHT SARGENT
INTER-TRIBAL COUNCIL OF Ml
3601 MACKINAW TRAIL
SAULT STE. MARIE, Ml 49783
906-635-4208
FAX: 906-635-4212
MR. MIKE RIPLEY
CHIPPEWA-OTTAWA TREATY FISHERY MGMT
AUTHORITY
INTER-TRIBAL FISHERIES
186 E. 3 MILE ROAD
SAULT STE. MARIE, Ml 49783
906-632-0072
FAX: 906-632-1141
GITFAP@NOTHERNWAY.NET
MAT CH-E-BE-NASH-SHE-WISH
BAND OF POTAWATOMI
C/O D.K. SPRAGUE
DORR, Ml 49323
no phone or fax
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AS OF 1/00
TRIBAL ENV. STAFF
MINNESOTA:
MR.DARIN STEEN/MR. CHRIS HOLM
BOIS FORTE BAND OF CHIPPEWA
PO BOX 16
NETT LAKE, MN 55772
218-757-3261
FAX; 218-757-3312
dsteen@rangenet.com
MS. PATTY BURKE
MILLE LACS BAND OF CHIPPEWA
HCR 67, BOX 194
ONAMIA.MN 56359
320-532-7445
FAX: 320-532-4197
pattyb@millelacsojibwe.nsn.us
MS.CHRIS BERINI/MR. FRED VANDE VENTER
FOND DU LAC BAND OF CHIPPEWA
105 UNIVERSITY ROAD
CLOQUET, MN 55720
218-879-8427
FAX: 218-879-4854
CHRBERNR@FDL.CC.MN.US
MS. HEATHER WESTRA
PRAIRIE ISLAND COMMUNITY
5630 STURGEON ROAD
WELCH, MN 55089
1-800-554-5473x4165 or
651-385-2554
FAX: 651-388-1576
hwestra@pressenter.com
MS. JUNE EVANS/MS. MARGARET WATKINS
GRAND PORTAGE BAND OF CHIPPEWA
PO BOX 428
GRAND PORTAGE, MN 55605
218-475-0191/0193
FAX: 218-475-2455
MR. KEN MCBRIDE/MR. JOEL ROHDE
RED LAKE BAND OF CHIPPEWA
PO BOX 279
RED LAKE, MN 56671
218-679-3959
FAX: 218-679-2830
kmcbride@mail.paulbunyan.net
MS. SHIRLEY NORDRUM
LEECH LAKE TRIBE OF CHIPPEWA •-
ROUTE 3, BOX 100
CASS LAKE, MN 56633
218-335-8241/7417
FAX: 218-335-7430
MR. SCOTT WALZ/MS. MELISSA SALTER
SHAKOPEE MDEWAKANTON
BUSINESS COUNCIL
2330 SIOUX TRAIL NW
PRIOR LAKE, MN 55372
612-496-6123/6153
FAX: 612-496-6180
MR. JEFF BESOUGLOFF/MS.MAGGIE JACOBS
LOWER SIOUX AND UPPER SIOUX
COMMUNITIES
408 E. BRIDGE ST.
REDWOOD FALLS. MN 56283-1112
507-637-8353
FAX: 507-637-8749
JEFFB50324@AOL.COM
MR. DOUG MCARTHUR
WHITE EARTH BAND OF CHIPPEWA
RR 1, BOX 270
PONSFORD, MN 56575
218-573-3007
FAX: 218-573-3009
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AS OF 1/00
TRIBAL ENV. STAFF
WISCONSIN:
MS.TRACY LEDDER
BAD RIVER BAND OF LAKE
SUPERIOR CHIPPEWA
PO BOX 39
ODANAH.WI 54861
715-682-7123
FAX: 715-682-7118
MR. PAT PELKY
ONEIDA TRIBE OF Wl, ENV. QUALITY
PO BOX 365
ONEIDA, Wl 54155
920-497-5812
FAX: 920-496-7883
MS. CHRISTINE HANSEN
FOREST COUNTY POTAWATOMI COMMUNITY
PO BOX 346
CRANDON, Wl 54520
715-478-7209
FAX: 715-478-5280
CHRISHFCP@AOL.COM
MS.JUDY PRATT-SHELLEY
RED CLIFF BAND OF LAKE SUPERIOR CHIPPEWA
PO BOX 529
BAYFIELD, Wl 54814
715-779-3700 ext 23
FAX: 715-779-3704
RCTRIBAL@WIN.BRIGHT.NET
MS. TINA VANZILE
SOKAOGON CHIPPEWA COMMUNITY
3051 SAND LAKE RD.
CRANDON, Wl 54520
715-478-7605
FAX: 715-478-5275
tinavz30@newnorth.net
MR. AARON COLSON/LESLIE WEAVER
ST. CROIX BAND OF CHIPPEWA
ENV. DEPT.
PO BOX 287
HERTEL, Wl 54845
715-349-2195-x106/x144
FAX: 715-349-7602
acolson@win.bright.net
MR. DAN TYROLT
LAC COURTE OREILLES CONSERVATION DEPT.
13394 W. TREPANIA RD., BLDG 1
HAYWARD, Wl 54843
715-865-2329
FAX: 715-865-3516
ddtyrolt@win.bright.net
MR GREG BUNKER
ENVIRONMENTAL DEPT.
STOCKBRIDGE-MUNSEE COMMUNITY
ROUTE 31
BOWLER, Wl 54416
715-793-4363
FAX: 715-793-4370
gbunker@frontier.net
MS. DEE MAYO/MR. KURT MOSER
LAC DU FLAMBEAU BAND OF CHIPPEWA
PO BOX 67
LAC DU FLAMBEAU, Wl 54538
715-588-3303
FAX: 715-588-3207
KMOSER@NEWNORTH.NET
MR. JIM DUNNING
WISCONSIN WINNEBAGO DEPT. OF HEALTH
25 N. SECOND ST., PO BOX 636
BLACK RIVER FALLS, Wl 54615
715-284-7548
FAX: 715-284-9592
DUNNINJA@DISCOVER-NET.NET
MR. GARY SCHUETTPELZ/MR. DOUG COX
MENOMINEE INDIAN TRIBE OF Wl
PO BOX 910
KESHENA, Wl 54135
715-799-4937
FAX: 715-799-6153
DCOX@MAlL.WlSCNET.NET
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MENOMINEE INDIAN TRIBE OF WISCONSIN/U.S. EPA REGION 5
TRIBAL ENVIRONMENTAL AGREEMENT
FISCAL YEARS 1999 - 2001
Section I: Introduction
The Tribal Environmental Agreements (TEA) are strategic planning tools designed to involve
tribal officials and EPA management in the identification of tribal environmental priorities and
the effective implementation of environmental programs on Indian reservations in Region 5.
Objectives of the TEA process include:
• To establish an annual planning process between Region 5 and the tribes;
• To identify the primary environmental priorities of each tribe and develop an agreed upon
strategy for the tribe and Region 5:
To use information generated in the TEA process as input into the development of
regional program workplans and program funding decisions; and
To communicate tribal resource needs to EPA Headquarters for the Agency's national
budget.
Planning Process
The planning process is an annual activity used to develop a TEA that reflects the current fiscal
year and the following two fiscal years. Annually, by no later than September 30, each tribe will
have reviewed its current TEA and submitted its draft priorities to Region 5. EPA will assign
appropriate staff to review the draft priorities. By no later than October 31, Region 5 staff will
have met face-to-face with each tribe in each state to discuss tribal priorities, available EPA
assistance, EPA direct implementation responsibilities and EPA priorities. By no later than
November 30, Region 5 staff will develop a draft TEA for each tribe's review. By no later than
December 31, a final TEA for each tribe will be prepared for signature by the Region 5
Administrator and the respective tribal chair or his/her designee.
Current TEAs will be evaluated in face-to-face meetings during the annual General Assistance
Program Training. Implementation issues identified in TEA evaluations will be addressed in
subsequent planning sessions or through other appropriate means.
Note: Because EPA cannot ensure the confidentiality of information included in the TEA, all
materials should be carefully reviewed by the tribe prior to submittal.
Roles and Responsibilities
In accordance with EPA's Indian Policy, Region 5 intends to ensure, to the best of its ability, that
its environmental programs are fully implemented in Indian Country. Region 5 deals directly
with each tribe on a government-to-government basis, recognizing the tribe as the primary party
for setting environmental standards, making environmental policy, and managing environmental
programs within its jurisdiction.
The TEA is used as a framework for environmental protection on each reservation. Each tribe
determines in consultation with Region 5 which environmental programs it will seek to
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implement
itself, which programs will be managed jointly with EPA, and which programs will be directly
implemented by EPA. Program delegations or approvals will be made after a tribe has had the
opportunity to build capability and authority for the programs it seeks to implement, in
accordance with applicable requirements. Region 5 recognizes its responsibility for direct
implementation within its statutory authorities for tribes unable or unwilling to assume
implementation of environmental programs. If resources are not available for all program
implementation activities for which EPA is responsible, Region 5 will focus on the top tribal
priorities, which may result in gaps in program coverage for several years. When existing
resources are not sufficient to address a problem, Region 5 will continue to award financial
assistance based on national guidance, environmental and public health needs, and the
preparedness of the interested tribes.
Section II: Tribal Background
The Menominee Indian Tribe has existed in what is now Wisconsin and Upper Michigan for over
five thousand years. The name in Tribal language, "O-MAEQ-NO-MIN-NE-WUK," means
"Wild Rice People." The Menominee once owned 9.5 million acres of land in what is now
Central and Mideastern Wisconsin and part of the Upper Peninsula of Michigan. Today, the
Menominee live in an area, which is part of their original domain, now reduced to 235,033 acres
of which 227,888 are in trust status. The pristine environment, with clear running streams,
sparkling lakes, and 223,000 forested acres, is filled with animals, fish, and birds like when the
Creator Spirit made the first Menominee. There are 200 lakes covering an estimated 7,000 acres,
around 25,000 acres of wetlands, and over 300 miles of rivers, creeks, and streams. Water
resources within the reservation include many miles of pristine rivers — most notably the Wolf
River — which include segments of the Red River of Wisconsin, the Oconto River (West
Branch), and the Evergreen River, plus many named and unnamed lesser tributaries. The fish
found in reservation lakes and streams continue to serve as an important protein source for Tribal
members. The reservation wildlife populations include many species listed as federal or state
threatened or endangered species.
The current reservation population is 3,890. The economy of the Menominee Reservation is
very dependent on the harvesting by managed sustained yield forestry practices of the reservation
woodlands, the manufacture of lumber from the sawlog grade timber, and the sale to local paper
mills of the pulp and paper-mills grand bolts. Local firms in nearby communities employ many
Menominee. The Tribal economy also benefits from a tourist trade based on a lake development
and the Tribal gaming complex.
A 9-member Tribal Legislature governs the Tribe. The Tribal Environmental Services
Department reports directly to the Tribal Administrator and consists of an Environmental
Services Director, Environmental Scientist, Environmental Specialist, Environmental
Technician, Hazardous Materials and Waste Coordinator, and secretary/bookkeeper. The
mission statement of the Environmental Services Department is to serve the Menominee Nation
by defending the environmental integrity of the land, air, and water base which makes up the
cultural and earth resources of the Menominee People. The protection of these resources will
help to assure they are sustained for future generations of Menominees. To further assure that
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the health needs of the Menominee People related to the environment and land base are
maintained.
Section III: Tribal Environmental Priorities
Priority #1". Environmental Risks from Potential Mining Impacts
Description: Adverse impacts of the proposed Nicolet Mining Company (NMC) Project on the
environment of the Menominee Reservation, primarily the effects on the waters of the Wolf
River. The potential impacts range from increased or decreased water flow, water-quality
degradation, loss of cultural resources of the Tribe, potential air degradation, and environmental
risks associated with the transport of hazardous waste and materials through the Reservation.
FY'99 Action Items:
1. Review data regarding the proposed mine to become familiar with the project and work
done so far.
2. Review existing reference material to gain more knowledge of mining and its potential
impacts.
3. Continue working relationship with other Tribal departments and consultants.
4. Continue working relationship with other affected parties, e.g., Indian Tribes, recreational
land users, land owners, etc.
5. Continue working relationship with other regulatory agencies, e.g., EPA, Wisconsin
Department of Natural Resources, U.S. Bureau of Indian Affairs, U.S. Army Corps of
Engineers, Great Lakes Fish and Wildlife Commission, etc.
6. If necessary develop a workplan to eliminate or alleviate the potentially adverse effects of
the mine.
7. Implement the workplan, if necessary.
8. Train staff in mining impacts related issues, i.e., bio-monitoring, surface water modeling.
FTE Estimate: 2.0 Cost Estimate: $150,000
FY'OO Action Items: Continuation of FY 1999 action items.
FTE Estimate: 2.0 Cost Estimate: $150,000
FY'01 Action Items: Continuation of FY 1999 and 2000 action items.
PTE Estimate: 2.0 Cost Estimate: $150,000
EPA Role: The Region will seek to provide technical support, as requested and as resources are
available, to assist the Tribe in evaluating the Crandon Mine project and it's potential
environmental and public health impacts on Tribal members and Tribal resources. The Region
will also determine what EPA funding may be available to support Tribal activities related to the
evaluation of potential environmental or public health impacts from the proposed mine.
FTE Estimate: .05
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Priority # 2: Water Office
Description: Extensive water resources of the Menominee Reservation require consistent and
competent management to assure the resource remains as a pure and natural resource for future
generations of Menominees. The lack of environmental protection infrastructure and program
capacity to guarantee the quality of water resources on the Menominee Reservation can affect
those resources. The Tribe wishes to develop a Tribal Water Office to control and manage the
water resources of the Menominee Reservation and possibly Ceded Territories. This office
would manage both groundwater and surface-water resources. Water quality on the reservation
is extremely good, but on-reservation and off-reservation industry, water usage, and waste
disposal could adversely affect the water quality of the Menominee Reservation.
FY'99 Action Items
1. Implement and manage a water-quality standards program.
2. Initiate Water Management Plan process, including a Fisheries Plan.
3. Floodplain delineation of Wolf River and major tributaries and South Branch of Oconto
River.
4. Identify and resolve water-resource-management issues (e.g., FERC, NRDA, 404
permitting).
5. Address off-reservation issues (e.g., ceded territory, Lake Michigan, Fox River, Crandon
mine).
6. Develop and implement a water laboratory;
7. Manage installation and function of on-site waste-water-disposal systems.
8. Begin River and stream water quality characterization.
c.Identify data gaps in existing data.
d.Establish sampling locations.
e.Collection and analysis of background samples.
f.Use data to determine future needs for river and stream monitoring.
FTE Estimate: 2.0 Cost Estimate: $120,000
FY'OO Action Items: Continuation of 1999 action items.
FTE Estimate: 2.0 Cost Estimate: $120,000
1-Y'Ol Action Items: Continuation of 1999 and 2000 action items.
FTE Estimate: 2.0 Cost Estimate: $120,000
EPA Role: Region 5 is fully supportive of the Tribe's efforts to develop and maintain over time a
water program office. Building and implementing on-going water quality programs is a high
priority for use of Clean Water Act Section 106. During FY 1999, Region 5 will seek to:
Provide technical support to assist the Tribe in updating its Water Quality Standards, as
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necessary, and preparing a 303 TA.S application, should the Tribe decide to reapply.
(The Region tentatively plans that WQS technical assistance may include a workshop in
Spring 1999, with multiple Tribes participating.)
~ Provide technical support, as requested and as resources are available, to assist the Tribe
in its water quality monitoring and data analysis activities.
~ Determine what FY 1999 funding (e.g., CWA Section 106 funds) may be available to
support developing and sustaining a Tribal water program office.
FTE Estimate: .03
Priority #3 : Development of Tribal Environmental Ordinances
Description-. Existing infrastructures and regulations do not a\\ow for adequate control of the
Environment on the Menominee Reservation. Development of Tribal Ordinances and
Regulations including to protect the land, air, water, and natural resources and environment of all
lands within the Reservation, to encourage the economic use of reservation lands in ways that are
compatible with Tribal cultural values, and to provide a mechanism through which the Tribe can
establish and carry out a Tribal land use and development policy.
FY'99 Action Item: Tribal Sanitary Ordinance - Private Sewage Systems: To regulate the
location and installation of on-site sewage disposal systems on the Reservation to protect the
ground and surface waters and to further regulate land use and development.
FTE Estimate: 0.5 Cost Estimate: $50,000
FY'OO Action Item: Pollution Elimination Discharge Ordinance - To regulate pollution
discharges from point sources to waters of the Reservation.
FTE Estimate: 0.5 Cost Estimate: $50,000
FY'01 Action Item: Continue development of other codes determined to be priority at that time,
e.g., wellhead protection, UIC, etc.
EPA Role: During FY 1999, Region 5 will seek to:
~ Provide technical support, as requested and as resources are available, to assist the Tribe in
developing appropriate and effective environmental and natural resource protection
ordinances.
~ Determine if Federal financial assistance (e.g., GAP monies) may be available to support
environmental planning and ordinance development activities.
FTE Estimate: .02
Priority #4: Development of Fish Advisories
Description: Members of Wisconsin Tribes are assumed to consume nearly six times as much
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fish as non-Indians. Studies in the Region/State have shown that large fish are frequently
contaminated with Mercury and PCB's. This study will assess the mercury and PCB
contamination in fish and Tribal Members living on the Menominee Reservation. From this
information, Tribal Fish Advisories can be developed to reduce mercury and PCB intake for
local residents.
FY'99 Action Item: Coordinate with Tribal Clinic, USFWS, and Tribal Conservation
Department on the project. Begin collection of fish samples.
Cost Estimate: $10,000
FY'OO Action Item: Continue collection of fish samples. Collection of hair and blood samples
from Tribal members.
Cost Estimate: $25,000
FY'01 Action Item: Analysis of data from samples. Development of fish advisories if
necessary. Prepare final reports.
Cost Estimate: $25,000
EPA Role: During FY 1999, Region 5 will seek to:
~ Provide technical support, as requested and as resources
planning and carrying out sampling activities.
~ Provide technical support, as requested and as resources
developing fish consumption advisories based on Tribal
data on contaminants in fish tissues.
FTE Estimate: .01
Priority #5: Emergency Planning
Description: Spills of hazardous materials and waste being transported through the Menominee
Reservation can cause adverse effects to the health of Menominee People. Adversely affect the
land, air, and water environment. The project will develop a Tribal organization to comply with
the provisions of EPCRA. The Tribe will integrate an FPCRA strategy with Menominee
County, the State of Wisconsin, and EPA.
FY'99 Action Items:
1. Establish a TERC, LEPC, TERC/LEPC or join the county LEPC to comply with EPCRA.
2. Conduct a hazard analysis for the reservation, addressing both fixed facilities containing and
transportation routes for hazardous materials.
3. Review current EPCRA contingency plan and update as needed.
4. Enter into any MOlJs or MOAs with State and County emergency agencies, as needed or
are available, to assist the Tribe in
are available, to assist the Tribe in
fish consumption rates and available
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required by above plans.
5. Establish EPCRA information files or data bases and make their availability known to the
public.
FTE Estimate: 0.5 Cost Estimate: $19,000
FY'OO Action Items:
1. Finalize or complete original agreements or plans not completer in FY 1999.
2. Conduct or participate in an exercise testing the local EPCRA contingency plan, whether
Tribal or County.
3. Continue TERC, LEPC, TERC/LEPC, or other planning body activities or participation.
Continue management of EPCRA files/data bases, making the information available to the
public.
4. Conduct or host EPCRA and/or response training as needed.
FTE Estimate: 0.5 Cost Estimate: $19,000
FY'01 Action Items:
1. Plan and execute a functional exercise of the EPCRA plan. Participate in county lead EPCRA
plan exercise, if Tribe has joined a county LEPC.
2. Use most recent information and lessons learned from EPCRA plan exercises and/or actual
response to releases to update or modify the Tribal EPCRA plan or Tribal emergency
Standard Operating Procedures.
3. Continue management of EPCRA programs, participation in planning organizations, training,
outreach and information sharing in accordance with the provisions of EPCRA.
EPA Role: Upon Tribal request, the EPA 5 OCEPP will continue to assist the tribe in EPCRA
compliance by providing technical assistance, training, and emergency plan review. This may
include first responder courses, computer software training, exercise planning/participation and
meeting with Tribal representatives or others to help the Tribe comply with EPCRA
requirements.
FTE Estimate: 0.06
Priority #6: Wellhead Protection
Description: To protect the public water systems on the Menominee Reservation from
contamination by chemical, biological, or other agents from industrial, agricultural, and natural
sources. Delineate wellhead protection areas for six municipal wells including Keshena, Neopit,
Middle Village, Zoar, Onakewat, and Redwing.
FY,()9 Action Item: Designate wellhead protection area for the Zoar Community Water System,
determine the cause of elevated nitrate levels, and develop strategies to reduce or mitigate those
elevated levels.
FTE Estimate 0.25 Cost Estimate $18,000
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FY'OO Action Item: Designate wellhead protection area for Neopit Community Water System.
FTE Estimate 0.3 Cost Estimate $20,000
FY'01 Action Item: Designate wellhead protection area for Keshena Community Water System.
FTE Estimate 0.3 Cost Estimate $20,000
EPA Role: The Tribe has a WHP grant for work on the Zoar community water system. During
FY 1999, Region 5 will seek to:
~ Provide technical support to the Tribe and USGS, as requested and as resources are
available, in delineating the wellhead protection areas and identifying potential sources of
contamination for the community wells.
~ Determine if FY 1999 funding maybe available to support further Tribal WHP activities.
FTE Estimate: .01
Priority #7: Sewage Treatment Plants - Keshena and Neopit
Description: The existing wastewater treatment plant for the Village of Keshena is undersized
for the community. This prohibits any further development and makes the operation of the
system more difficult. To adequately address the growth in the community and provide for
adequate treatment of wastewater, a new sewage treatment plant is needed. Plant will be built to
allow for further development and increase in service area. Existing land use includes 188
dwellings, 15 public/quasi-public facilities, 12 commercial establishments, including the gaming
and hotel facility, and six recreational areas. To perform properly, 23.16 acres of lagoon area is
needed to adequately treat 132,000 gallons/day of wastewater. The current size of the
wastewater-lagoon system is 12 acres.
With regard to Neopit, the existing wastewater treatment system (lagoons) is leaking into the
groundwater. The lagoons are up gradient from the municipal wells for the community and the
possibility exists of well contamination. To adequately address the possibility of groundwater
contamination and to possibly allow for future growth in the community, a sewage treatment
plant is needed. The wastewater treatment facility will need to be designed and constructed to
adequately treat the wastewater from the community.
FY'99 Action Items: Search for funding that will allow construction of the projects. Planning
and construction will begin when funding is available.
FTE Estimate: 1.0 Cost Estimate: $1,800,000 (Keshena)
FTE Estimate: 1.0 Cost Estimate: $1,000,000 (Neopit)
FY'OO Action Item: See 1999
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FY'Ol Action Item: See 1999
EPA Role: During FY 1999, Region 5 will seek to:
*¦ Provide technical support, as requested and as resources are available, to assist the Tribe in
planning to meet wastewater treatment needs, potentially including planning for
improvements that may be feasible during an interim period as well as more long-term
solutions.
~ Work with the Tribe to determine what EPA and/or 1HS funding maybe available to
support infrastructure projects.
FTE Estimate: .01
Section IV: Region 5 Direct Implementation Responsibilities
This section will provide an outline of Region 5's direct implementation responsibilities over the
next three years. With this information, tribal and Region 5 staff can identify any linkages to
tribal priorities, determine level of involvement by tribal staff, and discuss tribal interest in
assuming federal programs. It is not the purpose of this section to define all assistance and
resources available under the Agency's programs, but instead to focus on the Agency's
responsibility to ensure that the federal environmental statutes are fully implemented in Indian
Country.
For each Region 5 media division, the following information has been summarized: federal
statutes to be implemented, actions that Region 5 will take to implement the statutes, and the
regulated facilities/sites on reservation. This information will be a starting point for discussions
between Region 5 and the tribes to develop more complete and accurate facility lists for
subsequent TEAs.
Air and Radiation Division
Federal Statute: Clean Air Act (CAA)
Region 5 Direct Implementation under CAA: .
U.S. EPA will administer CAA mandated programs in Indian Country, including the Title
V Part 71 Operating Permits Program, Prevention of Significant Deterioration (PSD)
Permits, and National Emission Standards for Hazardous Air Pollutants. An inventory of
major and minor sources in Indian Country will be maintained, and Region 5 will
continue to work with the tribes in issuing construction/operating permits to those sources
which require a federal permit.
Number of facilities within the reservation that require permits: 0
• In consultation with appropriate tribes. Region 5 will develop tribe-specific, state-wide,
or Region-wide Federal Implementation Plans (FlPs) to control any individual sources in
nonattainment areas that would otherwise lack federally-enforceable emission limits and
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where such emission limits are required to attain the National Ambient Air Quality
Standards.
U.S. EPA will work with tribes interested in acquiring CAA authorities under the Tribal
Authority Rule and developing Tribal Implementation Plans where appropriate.
Superfund Division
Federal Statutes: Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA)
Superfund Amendments and Reauthorization Act (SARA)
Region 5 Direct Implementation under CERCLA and SARA:
• Direct response to releases or threatened releases of hazardous substances that may
endanger public health, welfare, or the environment. Although Superfund is a federal
program that cannot be delegated to any tribe or state, tribal governments like states are
allowed meaningful involvement in CERCLA implementation. Federally recognized
tribes may participate in site assessment, take the lead or provide a support role in
remediation activities, and participate in removal activities. Tribes can also be provided
funds to build the infrastructure and administrative capabilities to further enhance their
involvement.
National Priorities List Sites Located On or Impacting the Reservation: 0
• U.S. EPA maintains the Comprehensive Environmental Response, Compensation, and
Liability Information System (CERCLIS), which is a database of all known potential
hazardous waste sites. An updated CERCLIS list is provided to each tribe within Region
5 every six months.
U.S. EPA retains primary enforcement authority under CERCLA for sites within the
jurisdictions of states, political subdivisions, and tribes. Tribal governments have the
opportunity to participate in U.S. EPA negotiations with responsible parties for actions
relating to, or directly impacting Indian Country.
Waste, Pesticides & Toxics Division
Federal Statutes: Resource Conservation and Recovery Act (RCRA)
Federal Insecticide, Fungicide, and Rodenticide Act (F1FRA)
Toxic Substances Control Act (TSCA)
Region 5 Direct Implementation under RCRA:
Administer the Subtitle C Program which regulates persons who generate, transport, treat,
store, or dispose of hazardous waste. Issue permits for treatment, storage, and disposal
(TSD) facilities. Maintain a database of hazardous waste generators in Indian Country.
Conduct compliance monitoring evaluations, and when noncompliance is detected take
enforcement action in accordance with Agency policies. Although RCRA cannot be
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delegated to the Tribes, the Menominee Tribe does have a local Hazardous Waste
Ordinance to regulate generators and transporters within the boundaries of the
Reservation. Based on RCR1S, Region 5 believes that there are no permitted TSD
facilities within Region 5 Indian Country.
Number of Hazardous Waste Generators on the Reservation: 5
• Implement the Subtitle D Program which establishes minimum criteria for municipal
solid waste landfills. Enforce requirements at operating facilities. Assist Indian Health
Service to implement the Indian Lands Open Dump Closure Act of 1994.
Municipal Solid Waste Landfills on the Reservation: 0
Administer the Subtitle I Program for the regulation of underground storage tanks.
Maintain a tribal database inventory based on operator notification. Conduct compliance
inspections and when noncompliance is detected take enforcement action in accordance
with Agency policies. Through technical assistance, site visits, and review of assessment
reports, provide oversight of leaking underground storage tank sites. Although Subtitle I
Programs cannot be delegated to the Tribes, the Menominee Tribe will shortly have local
ordinances in place to regulate UST, LUST, and AST within the boundaries of the
Reservation.
Number of regulated underground storage tanks on the Reservation: 7
Region 5 Direct Implementation under TSCA:
Implement the Lead-Based Paint Activities Training and Certification program, ensuring
that professionals conducting inspection, risk assessment, or abatement services are
trained and certified, as required under Section 402.
• Implement the Lead Hazard Information Pamphlet program, ensuring that renovators
distribute an informational pamphlet to owners/occupants of most pre-owned 1978
residential housing before beginning renovations, as required under Section 406.
• In conjunction with the Department of Housing and Urban Development, implement the
Disclosure of Information Concerning Lead Upon transfer of Residential Property
requirements under Section 1018 of the Housing and Community Development Act.
Region 5 Direct Implementation under FIFRA:
Through compliance inspections and enforcement action, ensure that requirements under
40 CFR Parts 1-189 are met. Assist tribes to acquire the necessary certification and
training for pesticide applicators.
Water Division
Federal Statutes:
Clean Water Act (CWA)
Safe Drinking Water Act (SDWA)
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Region 5 Direct Implementation under the CWA:
• Issue new and reissue expired/expiring National Pollutant Discharge Elimination System
(NPDES) permits for dischargers, based on total maximum daily loads and water
quality-based effluent limits, or effluent guidelines whichever is more stringent.
Implement measures to provide NPDES permit coverage for stormwater discharges
associated with industrial activity (including construction activity). Track compliance
with permit requirements, and follow-up with compliance/enforcement actions where
necessary. Assist tribes in building permit-writing capabilities, and utilize tribal support
in direct implementation of the NPDES permits program to the extent feasible. U.S. EPA
will work with tribes interested in acquiring regulatory program authorities under the
"Treatment as a State" provisions of the Clean Water Act.
Estimated number of NPDES permits on the Reservation: 2
• Under Section 404, work with the Army Corps of Engineers to ensure that permits are
issued where necessary and appropriate. Implement the water quality certification actions
for dredge and fill permit applications in consultation with tribes and other affected
entities. Initiate enforcement actions, as appropriate, for violations of Section 404 permit
requirements in wetlands areas. Work with federal, state, tribal, and local partners on
protection and restoration of wetlands. Coordinate with the Corps and the Natural
Resources Conservation Service to avoid, minimize, and compensate for wetland losses.
U.S. EPA will work with tribes interested in acquiring water quality standards and 401
certification authorities under the "Treatment as a State" provisions of the Clean Water
Act.
Region 5 Direct Implementation under the SDWA:
• Implement the Public Water Supply Supervision Program in Indian Country. Ensure that
public water supplies are tested in accordance with national drinking water regulations,
and that MCL and treatment requirements are met. Follow-up on instances of
noncompliance, including ensuring compliance with public notice provisions. Provide
technical assistance to tribes to improve.compliance with all drinking water regulations.
Help to fulfill the public's access to current and relevant information by ensuring that
drinking water consumer confidence reports are available to customers of public water
systems. U.S. EPA will work with tribes interested in acquiring PWSS authorities under
the "Treatment as a State" provisions of the Safe Drinking Water Act.
Estimated number of Public Water Supply System(s) on Reservation: 9
Carry out the Underground Injection Control (UIC) Program activities in Indian Country,
including permitting, compliance tracking, and enforcement. Continue to evaluate Class
V wells and potential risks (e.g., condition of the wells, proximity to drinking water
sources, etc.) Work with the tribes, Indian Health Service, and other entities, as
appropriate to ensure that higher risk wells are properly operated to protect groundwater,
or are closed. Enure that tribes have access to technical assistance for injection
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well-related services (standards/inspections of septic systems, etc.). U.S. EPA will work
with tribes interested in acquiring UIC program authorities under the "Treatment as a
State" provisions of the Safe Drinking Water Act.
Estimated number of Class V UIC Wells on Reservation: 5
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MENOMINEE INDIAN TRIBE OF WISCONSIN/U.S. EPA REGION 5
TRIBAL ENVIRONMENTAL AGREEMENT
FISCAL YEARS 1999 - 2001
The U. S. Environmental Protection Agency Region 5 and the Tribal Government of The
Menominee Indian Tribe of Wisconsin agree to work together in a government-to-government
partnership on the activities addressed in this tribal environmental agreement. The undersigned,
as duly authorized representatives, commit their respective organizations to the actions identified
in the agreement.
Apesanahkwat, Chairman
The Menominee Tribal Legislature
David A. Ullrich, Acting Regional Administrator
U.S. Hnvironmental Protection Agency
Region 5
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Indian Lands in USEPA Region5
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67249
F«iW#l Ktgwfer Presidential Documents
VtO. fiS, No, 21S
'hur$d,iy. Nmumbai !), JOOO
Title 3— Executive Order 13175 of November 6, 2000
The President Consultation and Coordination With Indian THbal
Governments
By the authority vested in mo as President by the Constitution and the
laws of the United States of America, and in order to establish regular
and meaningful consultation and collaboration with tribal officials in the
development of Federal policies that have tiibul implications, to strengthen
the United Slate; government-to-government relationships with Indian tribe;,
and to reduce the imposition of unfunded mandates upon Indian tribes;
it is hereby ordered as follows:
Section 1. Definitions. For purposes of this order:
(a) "Policies that have tribal implications" refers to regulations, legislative
comments or proposed legislation, and other policy statements or actions
that have substantial direct effects on unit ox more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on the
distrihutioit of power and responsibilities between the Federal Government
and Indian tribes.
(b) "Indian tribe" meant an Indian or Alaska Native tribe, band, nation,
pueblo, village, or community that the Secretary of the Interior acknowledges
to axiat as an Indian tribe pursuant to the Federally Recognized Indian
Tribe List Act of 1994.25 U.S.C. 47fci.
(c) "Agency" means any authority of the United States that la an "egenry"
under 44 I J.SC. 3502(1). other than those considered to ho independent
regulatory agencies, as defined in 44 U.S.C. 3502(5).
(d) "TrifosI officials" means elected or duly appointed officials of Indian
tribal governments or authorised intertrihal organizations
See. 2. Fundamental Principles, In formulating or implementing policies
that have tribal implications, Agencies shall be guided by the following
fundamental principles:
(a) The United State* has a unique l«gp) relationship with Indian tribal
governments as set forth in the Constitution of the United States, treaties,
statutes, Executive Orders, end court decisions. Since the formation of ihe
Union, the United States h»* recognized Indian tribes as domestic dependent
nations under its protection. The Federal Government li&x enacted numerous
statutes and promulgated numerous regulations that ftstablish and. define
a trust relationship with Indian tribes
(b) Our Nation, under the law of the United States, in accordance with
treaties, statutes, Executive Orders, and judicial decisions, has recognized
the right of Indian tribes to self-government. As domestic dependent nations,
Indian tribes exercise inherent sovereign powers over their members end
territory. The United Stales continues to work with Indian tribes on a
govemment-to-government basis to address issues concerning Indian tribal
tHslf-govftmmont, tribal trust resources, and Indian tribal treaty and other
rights.
(c) The United States recognizes the right of Indian tribes to self-government
and supports tribal sovereignty and self-determination.
Sec. 3. Policymaking Criteria. In addition to adhering to the fundamental
principles set forth in section 2, agencies shall adhere, to the extent permitted
by law. to the following criteria when formulating and implementing policies
that have tribal implications:
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67ZSU Inderal Regitlw/Vul. US, No. £I(S/Thur:t(l<«y. November 0, / I'msiiluiUuil Documents
(a) Agendas shall respect Indian tribal self-government and sovereignty,
honor tribal treaty and other rights, and strive to moot the responsibilities
that arise from the unique logai relationship between the Federal Government
and Indian tribal governments.
(b) With respect to Federal statutes and regulations administered by Indian
tribal governments, the Federal Government shall grant Indian tribal govern-
ments the ¦MiriiMMw administrative discretion possible.
(c) When undertaking to formulate and implement policies that have tribal
implications, agencies snail:
(1) encourage Indian tribes to develop their own policies to achieve pro-
gram objectives;
(2) where possible, defer to Indian tribes to establish standards; and
(3) in determining whether to establish Federal standards, consult with
tribal officials as to the need for Federal standards and any alternatives
that would limit the scope of Federal standards or otherwise preserve the
prerogatives and authority of Indian tribes.
Sec. «. Special Requirements fat Leginlutivtt Proposals. Agencies shall not
submit to the Congress legislation that would be inconsistent with the policy-
making criteria in Section 3.
Sec. 5. Consultation (a) Catch agency shall have an accountable process
to ensure meaningful and timely input by tribal officials in the development
of regulatory policies that have tribal implications. Within 30 days after
the effective date of this order, the head of each agency shall designate
an official with principal responsibility for the agency's implementation
of this order. Within (so days of the effective date of this order, the designated
official shall submit to the Office of Management and Budget (OMB) a
description of the agency's consultation process.
(b) To the extent practicable arid permitted by law. no agency shall promul
3am any regulation that has tribal implications, that imposes substantia
inset compliance costs on Indian tribal governments, and that is not required - -
by statute, unless;
(1) funds necessary to pay the direct costs incurred by the Indian orihnl
foverament or lh« tribe in complying with the regulation are provided
y the Federal Government; or
(2} the agency, prior to the formal promulgation of the regulation.
(A) consulted with tribal officials early in the process of developing the
proposed regulation;
(B) in a separately identified portion of the preamble to the regulation
as it is to be issued in the Federal Register, provides to the Director of
OMB a tribal summary impact statement, which consists of a description
of the extent of the agency's prior consultation with tribal officials, a summary
of the nature of their concerns and the agency's position supporting the
need to issue the regulation, and a statement of the extent to which the
concerns of tribal officials have been met; and
(C) makes available to the Director of OMB any written communications
submitted to the agoncy by tribal officials.
(c) To the extent practicable and permitted by law, no agency shall promul-
gate any regulation that has tribal implications and that preempts tribal
lew unless the agency, prior to the formal promulgation of the regulation,
(1) consulted with tribal officials early in the process of developing the
proposed regulation;
(2) in a separately Identified portion of the preamble to the regulation
as it is to be issued in the Federal Register, provides to the Director <
OMB a tribal summary impact statement, which consists of a description
of the extern of the agency's prior consultation with tribal officials, a summary
of the nature of their concerns and the agency's position supporting the
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Federal Kegister/ Vol. t>S. No. 'I iiufsday, November i>. ^uou/l'resuit*im.-t} Utmimenis li725l
need to issue the regulation, and a staturwnit of the extern to which the
concerns of tribal officials have, been mot; anil
(U) makes available to the Director of OMB any written communications
submitted to the agency by tribal officials.
(d) On issues relating to tribal self-government, tribal trust resource*,
or Indian tribal treaty and other lights, each agency should explore and,
where appropriate, use consensual mechanism* for developing regulations,
including negotiated rulemaking.
Sec. ft. Increasing Flexibility far Indian Tribal Waivers.
(a) Agencies shall review the proccssett under whiti Indian tribes apply
for waivers of statutory and regulatory requirements and take appropriate
miups 10 streamline those processes.
(b) Bach agency shall, to the extent practicable and permitted hy law,
consider any application by an Indian tribe for a waiver of statutory or
regulatory requirements in connection with any program administered by
the agency with a general view toward increasing opportunities far utilizing
flexible policy approitfJies at the Indian tribal level in cases in which the
proposed waiver is consistent with the applicable Federal policy objectives
and U otherwise appropriate.
(c) Each agency shall, to the extent practicable and permitted by law,
render a decision upon a complete application for it waiver within 120
day* of receipt of such application by the agency, or a» otherwise provided
W law ot ragulatum. If the application fox waiver is not granted, tha agency
shall provide die applicant with timely written notice of the decision and
the fbshmi therefor.
(d) This section applies only to statutory or regulatory requirement* ibai
are discretionary and subject to waiver by the agency.
Sec. 7- Accountability.
(a) In transmitting any draft final regulation that has tribal implications
to OMB pursuant to Exttcutiv* Or rim 12366 of September 30. t&93, each
agency snail include a certification from the official designated to ensure
compliance with this order stating that the requirements of this order have
been met in a meaningful and timely manner.
(b) In transmitting proposed legislation that has tribal implications to
OMB, each agency shall include a certification from tha official designated
to ensure compliance with this order lhat ail relevant requirements of this
order havo been met.
(c) Within iso days after the affective date of this order the Director
of OMB and the Assistant to tho President for Intergovernmental Affairs
shall confer with tribal officials to ensure that this order is being properly
and effectively implemented.
Sec. 8. Independent Agencies, Independent regulatory agencies are encour-
aged to comply with the provisions of this order.
Sec. 9. General Provisions, (a) This order shall supplement bul not supersede
the requirements contained in Executive Order 12866 (Regulatory Planning
and Review). Executive Order 1296ft (Civil Justice Reform), OMB Circular
A10, and tho Executive Memorandum of April 29, 1004. on Government-
to-CovBimncnt Relations with Native American Tribal Governments
(b) This order shall ciimplement the consultation and waiver provisions
in sections £ and 7 of Executive Order 13132 (Federalism).
ft) Executive Order 13084 (Consultation and Coordination with Indian
Tribal Govern menu) is revoked at the time this order loktjs effect,
(d) This orilw shall ho effective 60 days after the date of this order.
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t>72i*ii l-cderal KcgnlerI Vnl ii.l, No. -! IHM IummI.ij. NuvhihI.ioi 'J, improve the internal
management of th« lixucutive brantJa. and is uai intended to crente any
right, benefit, or trust responsibility, substantive or procedural. enfort*f
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