UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WSG73
Date Signed: March 14, 1994
MEMORANDUM
SUBJECT: EPA Indian Policy
TO: All Employees
In 1984, EPA 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-government 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 the Indian Policy must be a commitment
to fully institutionalize the Policy into the Agency's planning and management activities.
On March 7, Martha Pro thro, 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 VIII, 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 for
implementing the goals of the Policy. The team will work with Tribal representatives, including
the Tribal Operations Committee and others, in drafting new implementation guidance. This
guidance will provide a blueprint for transforming the 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 Tribal
governments in protecting the environment. I ask all of you to help make this effort a great
success.
Carol M. Browner
Attachment
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EPA POLICY FOR THE ADMINISTRATION OF ENVIRONMENTAL PROGRAMS
ON INDIAN RESERVATIONS
INTRODUCTION
The President published a Federal Indian Policy on January 24, 1983, supporting the
primary role of Tribal Governments in matters affecting American Indian reservations. That
policy stressed two related themes: (1) that the Federal Government will pursue the principle of
Indian "self-government" and (2) that it will work directly with Tribal Governments on a
"government-to-government" basis.
The Environmental Protection Agency (EPA) has previously issued general statements of
policy which recognize the importance of Tribal Governments in regulatory activities that impact
reservation environments. It is the purpose of this statement to consolidate and expand on
existing EPA Indian Policy statements in a manner consistent with the overall Federal position in
support of Tribal "self-government" and "government-to-government" relations between Federal
and Tribal Governments. This statement sets forth the principles that will guide the Agency in
dealing with Tribal Governments and in responding to the problems of environmental
management on American Indian reservations in order to protect human health and the
environment. The Policy is intended to provide guidance for EPA program managers in the
conduct of the Agency's congressionally mandated responsibilities. As such, it applies to EPA
only and does not articulate policy for other Agencies in the conduct of their respective
responsibilities.
It is important to emphasize that the implementation of regulatory programs which will
realize these principles on Indian Reservations cannot be accomplished immediately. Effective
implementation will take careful and conscientious work by EPA, the Tribes and many others.
In many cases, it will require changes in applicable statutory authorities and regulations. It will
be necessary to proceed in a carefully phased way, to learn from successes and failures, and to
gain experience. Nonetheless, by beginning work on the priority problems that exist now and
continuing in the direction established under these principles, over time we can significantly
enhance environmental quality on reservation lands.
POLICY
In carrying out our responsibilities on Indian reservations, the fundamental objective of
the Environmental Protection Agency is to protect human health and the environment. The
keynote of this effort will be to give special consideration to Tribal interest in making Agency
policy, and to insure the close involvement of Tribal Governments in making decisions and
managing environmental programs affecting reservation lands. To meet this objective, the
Agency will pursue the following principles:
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1. THE AGENCY STANDS READY TO WORK DIRECTLY WITH INDIAN TRIBAL
GOVERNMENTS ON A ONE-TO-ONE BASIS (THE "GOVERNMENT-TO-
GOVERNMENT" RELATIONSHIP), RATHER THAN AS SUBDIVISIONS OF OTHER
GOVERNMENTS.
EPA recognizes Tribal Governments as sovereign entities with primary authority and
responsibility for the reservation populace. Accordingly, EPA will work directly with Tribal
Governments as the independent authority for reservation affairs, and not as political
subdivisions of States or other governmental units.
2. THE AGENCY WILL RECOGNIZE TRIBAL GOVERNMENTS AS THE PRIMARY
PARTIES FOR SETTING STANDARDS, MAKING ENVIRONMENTAL POLICY
DECISIONS AND MANAGING PROGRAMS FOR RESERVATIONS, CONSISTENT WITH
AGENCY STANDARDS AND REGULATIONS.
In keeping with the principle of Indian self-government, the agency will view Tribal
Governments as the appropriate non-Federal parties for making decisions and carrying out
program responsibilities affecting Indian reservations, their environments, and the health and
welfare of the reservation populace. Just as EPA's deliberations and activities have traditionally
involved the interests and/or participation of State Governments, EPA will look directly to Tribal
Governments to play this lead role for matters affecting reservation environments.
3. THE AGENCY WILL TAKE AFFIRMATIVE STEPS TO ENCOURAGE AND
ASSIST TRIBES IN ASSUMING REGULATORY AND PROGRAM MANAGEMENT
RESPONSIBILITIES FOR RESERVATION LANDS.
The Agency will assist interested Tribal Governments in developing programs and in
preparing to assume regulatory and program management responsibilities for reservation lands.
Within the constraints of EPA's authority and resources, this aid will include providing grants
and other assistance to Tribes similar to that we provide State Governments. The Agency will
encourage Tribes to assume delegable responsibilities, (i.e. responsibilities which the Agency
has traditionally delegated to State Governments for non-reservation lands) under terms similar
to those governing delegations to States.
Until Tribal Governments are willing and able to assume full responsibility for delegable
programs, the Agency will retain responsibility for managing programs for reservations (unless
the State has an express grant of jurisdiction from Congress sufficient to support delegation to
the State Government). Where EPA retains such responsibility, the Agency will encourage the
Tribe to participate in policy-making and to assume appropriate lesser or partial roles in the
management of reservation programs.
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.
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A number of serious constraints and uncertainties in the language of our statutes and
regulations have limited our ability to work directly and effectively with Tribal Governments on
reservation problems. As impediments in our procedures, regulations or statutes are identified
which limit our ability to work effectively with Tribes consistent with this Policy, we will seek
to remove those impediments.
5. THE AGENCY, IN KEEPING WITH THE FEDERAL TRUST RESPONSIBILITY,
WILL ASSURE THAT TRIBAL CONCERNS AND INTERESTS ARE CONSIDERED
WHENEVER EPA'S ACTIONS AND/OR DECISIONS MAY AFFECT RESERVATION
ENVIRONMENTS.
EPA recognizes that a trust responsibility derives from the historical relationship between
the Federal Government and Indian Tribes as expressed in certain treaties and Federal Indian
Law. In keeping with that trust responsibility, the Agency will endeavor to protect the
environmental interests of Indian Tribes when carrying out its responsibilities that may affect the
reservations.
6. THE AGENCY WILL ENCOURAGE COOPERATION BETWEEN TRIBAL, STATE
AND LOCAL GOVERNMENTS TO RESOLVE ENVIRONMENTAL PROBLEMS OF
MUTUAL CONCERN.
Sound environmental planning and management require the cooperation and mutual
consideration of neighboring governments, whether those governments be neighboring States,
Tribes, or local units of government. Accordingly, EPA will encourage early communication
and cooperation among Tribes, States and local governments. This is not intended to lend
Federal support to any one party to the jeopardy of the interests of the other. Rather, it
recognizes that in the field of environmental regulation, problems are often shared and the
principle of comity between equals and neighbors often serves the best interests of both.
7. THE AGENCY WILL WORK WITH OTHER FEDERAL AGENCIES WHICH HAVE
RELATED RESPONSIBILITIES ON INDIAN RESERVATIONS TO ENLIST THEIR
INTEREST AND SUPPORT IN COOPERATIVE EFFORTS TO HELP TRIBES ASSUME
ENVIRONMENTAL PROGRAM RESPONSIBILITIES FOR RESERVATIONS.
EPA will seek and promote cooperation between Federal agencies to protect human
health and the environment on reservations. We will work with other agencies to clearly identify
and delineate the roles, responsibilities and relationships of our respective organizations and to
assist Tribes in developing and managing environmental programs for reservation lands.
8. THE AGENCY WILL STRIVE TO ASSURE COMPLIANCE WITH
ENVIRONMENTAL STATUTES AND REGULATIONS ON INDIAN RESERVATIONS.
In those cases where facilities owned or managed by Tribal Governments are not in
compliance with Federal environmental statutes, EPA will work cooperatively with Tribal
leadership to develop means to achieve compliance, providing technical support and consultation
as necessary to enable Tribal facilities to comply. Because of the distinct status of Indian Tribes
and the complex legal issues involved, direct EPA action through the judicial or administrative
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process will be considered where the Agency determines, in its judgement, that: (1) a significant
threat to human health or the environment exists, (2) such action would reasonably be expected
to achieve effective results in a timely manner, and (3) the Federal Government cannot utilize
other alternatives to correct the problem in a timely fashion.
In those cases where reservation facilities are clearly owned or managed by private
parties and there is no substantial Tribal interest or control involved, the Agency will endeavor
to act in cooperation with the affected Tribal Government, but will otherwise respond to
noncompliance by private parties on Indian reservations as the Agency would to noncompliance
by the private sector elsewhere in the country. Where the Tribe has a substantial proprietary
interest in, or control over, the privately owned or managed facility, EPA will respond as
described in the first paragraph above.
9. THE AGENCY WILL INCORPORATE THESE INDIAN POLICY GOALS INTO ITS
PLANNING AND MANAGEMENT ACTIVITIES, INCLUDING ITS BUDGET, OPERATING
GUIDANCE, LEGISLATIVE 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 problems on Indian reservations in the Agency's existing fiscal year
and long-term planning and management processes.
William D. Ruckelshaus
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