UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                                                             WSG84
                                                         Date Signed: February 16, 1996

MEMORANDUM

SUBJECT:   Guidance on the Process for Review of Enforcement Actions Against Tribal
             Facilities

FROM:      Steven A. Herman, Assistant Administrator
             Office of Enforcement and Compliance Assurance

TO:          Deputy Regional Administrators

             Jonathon Z. Cannon, General Counsel

             Robert Perciasepe, Assistant Administrator
             Office of Water

       The purpose of this memorandum is to clarify the process to be used for seeking
Headquarters concurrence on proposed enforcement actions against tribal facilities (stemming
from the Indian Policy Implementation Guidance, November 1984, signed by Alvin L. Aim,
Deputy Administrator; see WSG 23 of this manual). This clarification is necessary because of
the reorganizations of the Enforcement and Indian Programs at EPA Headquarters.

       The 1984 Indian Policy Implementation Guidance states that Regional Administrators
proposing to initiate EPA actions against Tribal facilities through the judicial or administrative
process should first obtain concurrence from the Assistant Administrator for Enforcement and
Compliance [Monitoring], who will act in consultation with the Assistant Administrator for
External Affairs and  the General Counsel. In emergency situations, the Regional Administrator
may issue emergency Temporary Restraining Orders, provided that the appropriate procedures
set forth in Agency delegations for such actions are followed.

       At the time of the Implementation Guidance, External Affairs and its Office of Federal
Activities housed EPA's Indian program. Since that time, responsibility for the program has
moved to the American Indian Environmental Office (AIEO). Additionally OECA's Office of
Federal Activities no longer has overall tribal enforcement responsibility for EPA. Therefore, I
am asking the Office of Regulatory Enforcement (ORE), or where appropriate, the Office of Site
Remediation Enforcement (OSRE), on my behalf,  to consult with the Office of General Counsel
and AIEO, to coordinate policy and management issues of proposed enforcement actions against
facilities owned and managed by tribal governments.

       ORE, or OSRE, will, prior to making enforcement recommendations to the Assistant
Administrator, directly communicate and coordinate with the Office of Criminal Enforcement,

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                                                                               WSG84

Forensics, and Training (OCEFT). ORE, or OSRE, will then, in a timely manner, make
appropriate recommendations and advise the Assistant Administrator regarding options for civil
actions. Nothing herein is intended to infringe upon the delegated authority of OCEFT to
determine which alleged environmental violations warrant investigation or referral to the
Department of Justice.

cc:     OECA Office Directors
       Regional Counsels
       Terry Williams, AIEO

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