PROPOSED ADVICE AND RECOMMENDATIONS ON
IMPLEMENTATION OF THE EPA POLICY ON
ENVIRONMENTAL JUSTICE FOR.
TRIBES AND INDIGENOUS PEOPLES
SEPTEMBER 2014
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
A Federal Advisory Committee to the U.S. Environmental Protection Agency
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ACKNOWLEDGEMENTS
The National Environmental Justice Advisory Council (NEJAC) acknowledges the efforts of the Indigenous
Peoples Work Group (GMWG) in preparing the initial draft of this report. The NEJAC also acknowledges the
stakeholders and community members who participated in the IPWG's study by providing public
comments. Environmental justice communities, regulatory organizations, environmental groups, and other
interested parties worked long and hard on this study. The staff of EPA's Office of Environmental Justice,
especially Daniel Gogal and Dona Harris, co- Designated Federal Officers for the IPWG, spent many hours
meeting with the work group.
DISCLAIMER
This Report and recommendations have been written as part of the activities of the National Environmental
Justice Advisory Council, a public advisory committee providing independent advice and recommendations
on the issue of environmental justice to the Administrator and other officials of the United States
Environmental Protection Agency (EPA or the Agency). In addition, the materials, opinions, findings,
recommendations, and conclusions expressed herein, and in any study or other source referenced herein,
should not be construed as adopted or endorsed by any organization with which any Work Group member
is affiliated.
This report has not been reviewed for approval by EPA, and hence, its contents and recommendations do
not necessarily represent the views and the policies of the Agency, nor of other agencies in the Executive
Branch of the Federal government.
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
List of Members
NEJAC Executive Council
Margaret May, Ivanhoe Neighborhood Council, Kansas City, Missouri, NEJAC Chair.
Teri Blanton, Kentuckians for the Commonwealth, Berea, Kentucky.
Peter Captain, Sr., Yukon River Intertribal Watershed Council, Fairbanks, Alaska.
Charles Chase, University of Colorado-Denver, Denver, Colorado.
Kerry Doi, Pacific Asian Consortium in Empowerment, Los Angeles, California.
Ellen Drew, Rural Communities Assistance Corporation, Las Vegas, New Mexico.
Mike Ellerbrock, Virginia Polytechnic Institute and State University, Blacksburg, Virginia.
Andrea Guajardo, Conejos County Clean Water, Inc., Antonito, Colorado.
Stephanie Hall, Valero Energy Corporation, San Antonio, Texas.
Effenus Henderson, formerly Weyerhaeuser, Federal Way, Washington.
Savonala 'Savi' Home, Land Loss Prevention Project, Durham, North Carolina.
Felix Kitto, Santee Sioux Nation of Nebraska, Niobrara, Nebraska.
Rosalyn LaPier, Piegan Institute, Missoula, Montana.
Vernice Miller-Travis, Maryland State Commission on Environmental Justice and Sustainable Communities,
Bowie, Maryland.
Michelle Moore, New York State Department of Environmental Conservation, Long Island City, New York.
Kandi Mossett, Indigenous Environmental Network, Bemidji, Minnesota.
Edith Pestana, Office of the Commissioner, Connecticut Department of Energy and Environmental
Protection, Hartford, Connecticut.
Cynthia Kim Len Rezentes, Mohala I Ka Wai, Waianae, Hawaii.
Deidre Sanders, Pacific Gas & Electric, San Francisco, California.
Fatemeh Shafiei, Spelman College, Atlanta, Georgia.
Nicky Sheats, Thomas Edison State College, Trenton, New Jersey.
Paul Shoemaker, Boston Public Health Commission, Boston, Massachusetts.
Kenneth Smith, City of Kingsland, Georgia, Kingsland, Georgia.
Horace Strand, Chester Environmental Partnership, Chester, Pennsylvania.
Javier Francisco Torres, Border Environment Cooperation Commission, El Paso, Texas.
Kimberly Wasserman, Little Village Environmental Justice Organization, Chicago, Illinois.
Jill Witkowski, Choose Clean Water Coalition, Annapolis, Maryland.
Victoria Robinson, NEJAC Designated Federal Officer (DFO), U.S. Environmental Protection Agency, Office of
Environmental Justice
Indigenous Peoples Work Group (IPWG)
Felix Kitto, Santee Sioux - Santee Sioux Nation of Nebraska Tribes (Work Group Co-Chair)
Kandi Mossett, Indigenous Environmental Network, Montana (Work Group Co-Chair)
Peter Captain, Yukon River Intertribal Watershed Alliance, Fairbanks, Alaska
Katsi Cook, Running Strong for American Indian Youth, Washington, D.C
Sandy Grande, Connecticut College, New London, Connecticut
Wahleah Johns, Black Mesa Water Coalition, Flagstaff, Arizona
Jessica Koski, Keepers of the Water, L'Anse, Michigan
Herb Lee, Jr., Pacific American Foundation, Kailua, Hawaii
Jerry Pardilla, National Tribal Environmental Council, Albuquerque, New Mexico
Brenda Dardar Robichaux, United Houma Nation, Raceland, Louisiana
Jacqueline Shirley, Native Village of Hooper Bay, Alaska
Daniel Gogal, Designated Federal Officer, EPA Office of Environmental Justice
Dona Harris, Designated Federal Officer, EPA American Indian Environmental Office
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/' \
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY
COUNCIL
Members:
Margaret May.
Chair
Teri Blanton
Peter Captain, Sr.
Charles Chase
Kerry Doi
Ellen Drew
Michael Ellerbrock
Andrea Guajardo
Stephanie Hall
Savanala 'Savi' Home
Effenus Henderson
Felix Kitto
Rosalyn LaPier
Vernice Miller-Travis
Michelle Moore
Kandi Mossett
Edith Pestana
Cynthia K L Rezentes
Deidre Sanders
Fatemeh Shafiei
Nicky Sheats
Paul Shoemaker
Kenneth Smith
Horace Strand
Javier Francisco Torres
Kimberly Wasserman
Jill Witkowski
September 15,2014
Gina McCarthy, Administrator
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
Dear Administrator McCarthy:
The National Environmental Justice Advisory Council (NEJAC) is pleased to transmit the
following recommendations to you in response to the Agency's charge of October 5, 2011.
In that charge, EPA asked the NEJAC to provide advice and recommendations on the
following: 1) How the Agency can most effectively address the environmental justice issues
in Indian country, including in Alaska and Hawaii and those facing indigenous peoples both
on and off reservations, which were completed in January 2013; 2) the Working Draft of the
EPA environmental justice policy on working with tribes and indigenous peoples, which
were completed in January 2013; and 3) how EPA can effectively implement the Agency's
environmental justice policy on working with tribes and indigenous peoples. This report
contains advice and recommendations about how EPA can effectively implement some of
the key principles in its policy on environmental justice for working with tribes and
indigenous peoples.
Key recommendations include:
• EPA should adopt the Indigenous notion of Traditional Ecological Knowledge and
Wisdom (TEKW) to inform EPA policy, making explicit reference to a "holistic"
approach.
• EPA's Regional Offices should promote the EPA Tribal/Indigenous EJ Policy to
enhance tribal government and program-level awareness and solicit feedback from
tribal representation regarding implementation effectiveness and/or issues pertaining
to EJ.
• EPA's National Program Manager (NPM) guidance should state goals and targets
for the EPA Tribal/Indigenous EJ Policy as headquarters and regional offices
continue implementation efforts on a government-to-government basis with tribal
leadership.
• Elevate tribal government leaders, tribal or indigenous elders, and other community
identified leader to increase tribal government and indigenous peoples' visibility
through collaboration/co-management/joint learning between tribes, federal
agencies, states and non-profit organizations working within tribal or indigenous
communities.
• EPA should increase funding for the Environmental Justice Collaborative Problem-
Solving Cooperative Agreement Program (EJCPS) so that tribal-specific programs
can be increased.
A Federal Advisory Committee to the U.S. Environmental Protection Agency
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• EPA should help other federal agencies and interagency work groups develop an
understanding and comprehension of EJ as it pertains to federally recognized tribal
governments and indigenous peoples, recognizing the relationship to each other,
distinction from each other, and necessity for separate engagement and
responsibilities to each.
• Each of the 10 EPA regions should establish a working position for an EJ Liaison
that can help outreach and share information that is relevant to tribal nations and EJ
communities/indigenous peoples within their jurisdiction who may be impacted by
an EPA decision or proposal.
Once again, thank you for this opportunity to provide recommendations for enhancing
environmental justice in EPA's programs, particularly the tribal program and Agency's work
with indigenous peoples.
Sincerely,
Margaret May, Chair
cc:
NEJAC Members
Stan Meiberg, EPA Deputy Administrator
Jane Nashida, EPA Assistant Administrator for International and Tribal Affairs (OITA)
Cynthia Giles, EPA Assistant Administrator for Enforcement and Compliance Assurance
Mustafa Ali, EPA Senior Advisor to the Administrator for Environmental Justice
Matthew Tejada, Director, EPA Office of Environmental Justice (OEJ)
Sherri White, NEJAC DFO, EPA OEJ
Daniel Gogal, NEJAC Indigenous Peoples Work Group DFO, OEJ/EPA
OEJ Dona Harris, NEJAC Indigenous Peoples Work Group DFO, OITA/EPA
A Federal Advisory Committee to the U.S. Environmental Protection Agency
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Proposed Advice and Recommendations on
Implementation of the EPA Policy on Environmental Justice for
Tribes and Indigenous Peoples
The National Environmental Justice Advisory Council (NEJAC) is pleased to submit the following
recommendations in response to the EPA charge of October 5, 2011. Specifically, the EPA charged the
NEJAC with providing advice and recommendations on how the Agency can effectively work with tribes
and indigenous peoples to address their environmental justice concerns, which was fulfilled with the
completion of the NEJAC report in January 2013. The NEJAC previously provided comments on the
Working Draft of the EPA Policy on Environmental Justice for Tribes and Indigenous Peoples in January 2013.
The final EPA request was for advice and recommendations on the implementation of four key principles in
the Agency's Policy, which is provided in this report:
1) Integration of Traditional Ecological Knowledge and Wisdom
2) Working with Tribal Governments on the Implementation of Environmental Justice
3) Coordination and Collaboration on Addressing Environmental Justice in Tribal Areas, and
4) Working with Indigenous Peoples, Communities, and Individuals to Address Environmental Justice.
The NEJAC intends that this report speak to the EPA's implementation of its Policy on Environmental Justice
for Tribes and Indigenous Peoples to work collaboratively to address the environmental and public health
concerns of indigenous peoples in tribal area throughout the United States (US), US territories, US
commonwealths, and other areas of US interest
For the purposes of this report, the term "indigenous peoples" is an inclusive term that encompasses Native
Americans/American Indians, Alaska Natives, Native Hawaiians, native Pacific Islanders and other
indigenous communities. While it is important to recognize the important historical and legal distinctions
among the various terminologies (e.g. "American Indian" has historically been used when referencing
members of federally-recognized tribes), "indigenous" has become the policy term of choice, particularly
since the ratification of the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP). The
UN accepted definition for "Indigenous communities, peoples and nations" is "those which, having a
historical continuity with pre-invasion and precolonial societies that developed on their territories,
consider themselves distinct from other sectors of the societies now prevailing on those territories, or
parts of them. They form at present non-dominant sectors of society and are determined to preserve,
develop and transmit to future generations their ancestral territories, and their ethnic identity, as the basis
of their continued existence as peoples, in accordance with their own cultural patterns, social institutions
and legal systems'. Members of the IPWG maintain that it is particularly important to emphasize inclusivity,
fair treatment and the meaningful involvement of all Indigenous peoples in the vigorous pursuit of
environmental justice. It is the intent of this report that the following recommendations honor the extant
knowledge of Indigenous peoples throughout the U.S. in the hope that the journey toward true
environmental justice can benefit all people for generations to follow.
For the purposes of this report, the term "tribal areas" is Indian country as defined at 18 U.S.C. § 1151 to
mean: (a) all land within the limits of any Indian reservation under the jurisdiction of the United States
Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the
reservation; (b) all dependent Indian communities within the borders of the United States whether within
the original or subsequently acquired territory thereof, and whether within or without the limits of a state;
and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way
running through the same, and/or includes Alaska Native Villages, who are federally recognized tribes and
have rights and interests, and Native Hawaiian communities, native Pacific Islanders and other areas of
interest to tribes and indigenous communities.
A Federal Advisory Committee to the U.S. Environmental Protection Agency
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NEJAC Recommendations on EPA's Tribal Policy
September 2014
Page 2
I. INTEGRATION OF TRADITIONAL ECOLOGICAL KNOWLEDGE AND WISDOM
Current EPA Policy includes the following principle pertaining to Traditional Ecological Knowledge:
The EPA encourages; as appropriate and to the extent practicable and permitted by law, the
integration of Traditional Ecological Knowledge into the Agency's environmental science,
policyand decision-making processes, to understand and address environmental justice
concerns and facilitate program implementation
FINDINGS:
A Definition of Tribal Ecological Knowledge
Indigenous peoples have a historical continuity, knowledge and relationship with the land, air, rivers and
sea, which pre-dates the establishment of the United States. Traditional Ecological Knowledge and Wisdom
(TEKW) is a term that recognizes the accumulated Indigenous knowledge and understanding of place in
relation to the world in both an ecological and spiritual sense. The rediscovery by scientists of ecosystem-
like concepts among traditional peoples has been important for the appreciation of Indigenous knowledge
in the science of ecology. In traditional knowledge, the unit of nature is often defined in terms of a
geographical boundary, such as a watershed, and all of the abiotic components, plants, animals, and
humans within this unit are considered to be interlinked. Ecosystems are viewed as unpredictable,
uncontrollable, and full of surprises, requiring wisdom for responding to ecosystem change. However, the
language of TEKW is different from scientific language. The language of traditional ecology usually includes
metaphorical imagery and spiritual expression, differing from scientific language in context, motive, and
conceptual framework.1 Consider, for example, the Native Hawaiian perspective below.
Native Hawaiian Perspective. Native Hawaiians are intimately connected to the island world that
surrounds them. Few outsiders can understand the true depth and meaning of this ancient relationship.
The ancestors arrived with great knowledge of the natural world, and this deepened and grew as
Hawaiians settled the islands and flourished over the centuries. Even during times of dramatic social
change, kanaka maoli (refers to the indigenous Polynesian people of the Hawaiian Islands or their
descendants) drew upon the wisdom of the ancestors to care for and make good use of the land and sea.
The history of the Hawaiian people living in one of the most isolated group of islands on the planet is one
defined by wisdom, strength, and generational knowledge. The chart below highlights the inherent
differences between a "Euro-American" and Native-Hawaiian relationships to their natural surroundings2.
Topic
Euro-American Perspective
Native Hawaiian Perspective
1 Hindelang M., 2006, Berkes et al., 2000.
2 Final Report, 'Aha Kiole Advisory Committee Best Practices and structure for the management of natural and cultural
resources in Hawaii, Page 32.
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NEJAC Recommendations on EPA's Tribal Policy
September 2014
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One prime example of government working with and acknowledging the TEKW of Indigenous peoples
occurred in 2010 when the Western Pacific Regional Fishery Management Council (the Western Pacific
Council) convened Ho'ohanohano I Na Kupuna "Honor our Ancestors" Puwalu (the Puwalu series) to enable
Native Hawaiians and others to participate in the management of marine resources in an increasingly
meaningful way. This is in keeping with the Council's holistic approach to fisheries management, which
incorporates ecological principles, traditional ecological knowledge and wisdom, and community
involvement in natural resource deliberations and decision-making processes.3
RECOMMENDATIONS:
1. Adopt the Indigenous notion of Traditional Ecological Knowledge and Wisdom (TEKW) to inform
EPA policy, making explicit reference to a "holistic" approach.
Justification: The current definition of TEK cited by EPA and created by a UN representative does not
include the notion of wisdom or the term "holistic." Yet, in section 4b of the policy it states: The EPA works
to understand Traditional Ecological Knowledge and its role in protecting public health and the
environment, and to understand community definitions of health and the environment
2. Create a "TEK" and "TEKW" tab on EPA's main website as part of the Agency's "A-Z Index"
(http: / /www2.epa.gov/home/az-index.
Justification: TEKW needs to have its own tab since keyword searches for "TEK" on EPA's website pulls
over 900 documents, however there are not many references to TEKW. The NEJAC requests "TEKW" be a
separate but linked tab since the NEJAC expects more references to occur as others develop an
understanding of how "wisdom" is a key aspect of TEK.
3. The EPA should develop and implement organizational policies ensuring compliance with the
Native American Languages Act of 1990 and serving as operational guidance for internal and
external communications, briefings, informative sessions, and collaborative dialogue with
indigenous peoples and communities.
Justification: The Native American Languages Act of 1990 (P.L. 101-477) Section 104 (6) states: "It is the
policy of the United States to fully recognize the inherent right of Indian Tribes and other Native American
governing bodies, States, territories, and possessions of the United States to take action on, and give official
status to, their Native American languages for the purpose of conducting their own business..."
4. Refer to the National EPA-Tribal Science Council (TSC) Tribal Science Priority - Final June 2011
report, Integration of Traditional Ecological Knowledge (TEK) in Environmental Science, Policy
and Decision-Making. The 2011 Report proposes the following implementation strategies: (a) Increase
funding for tribes and indigenous peoples TEK activities; (b) Expand tribes and indigenous peoples
eligibility to build and implement TEK activities under existing EPA programs (such as language
fluency); (c) Increase tribes and indigenous peoples ability to use EPA resources for both TEK and
western science; (d) Coordinate with tribes and indigenous peoples to develop TEK awareness,
understanding and applicability training for EPA personnel; (e) Develop accountability within EPA for
tribes' and indigenous peoples' interests in the protection of the environment and human health in
aboriginal territories; (f) Support tribes and indigenous peoples to host student internships in which
tribal and indigenous youth can bring their science/TEK training and education to bear on critical
tribes and indigenous peoples environmental justice issues; (g) Develop an EPA web presence for TEK;
(h) Develop science training and educational opportunities that incorporate TEK in cooperation with
3 Final Report, 'Aha Kiole Advisory Committee Best Practices and structure for the management of natural and cultural
resources in Hawaii.
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NEJAC Recommendations on EPA's Tribal Policy
September 2014
Page 4
tribes and indigenous peoples and provide online instruction to all levels of education; and, (i) Actively
promote the importance of TEK in peer-reviewed literature through EPA representation on technical
membership consortia.4
It is further suggested that the "Tribal & American Indian/Alaska Native" reference include "Indigenous
Peoples" for the purposes of the NEJAC recommendations.
Justification: All proposals and measures are appropriate for this policy.
5. EPA should consult with the U.S. Fish and Wildlife Service (FWS) in reviewing TEK tools for
engaging Tribes and Native Hawaiians in a proactive public engagement process.
Justification: FWS has already established a robust and workable website for public use that clearly defines
the extensive nature and importance of Indigenous Traditional Ecological Knowledge and Wisdom.
II. WORKING WITH TRIBAL GOVERNMENTS ON IMPLEMENTATION OF ENVIRONMENTAL JUSTICE
The federal government maintains a unique trust relationship with federally-recognized Tribal
Governments. Federal Indian Trust Responsibility is a legal obligation held by the United States to protect
assets held by Indian tribes, individual Indians, or Indians with trust allotments. The EPA remains
committed to fulfilling the core elements of federal Indian trust responsibility consistent with the Agency's
mission and strategic direction. The EPA 1984 Indian Policy includes the following six principles that
pertain to working with tribal governments to address environmental justice concerns:
• The EPA recognizes that the 1984 EPA Indian Policy is the foundation for coordination and
collaboration with federally recognized tribes to protect the environment and human health in Indian
country. The EPA works with federally recognized tribes as sovereigns, partners, and co-regulators,
with jurisdiction over their own lands and concerns.
• The EPA works with federally recognized tribes, on a government-to-government basis, to support the
integration of environmental justice into tribal environmental and human health programs
• The EPA recognizes tribal governments as the primary parties for setting standards, making
environmental policy decisions, and managing programs in Indian country, consistent with the
Agency's standards and regulations
• The EPA encourages tribes to participate in the direct implementation of the Agency's environmental
justice program, including both the planning and implementation of EPA's public participation
activities and review opportunities, and administrative review processes.
• The EPA provides advice and recommendations to tribal governments recognizing the diversity among
the tribes, on how they can create and implement environmental justice programs, including
procedures designed to ensure fair treatment and meaningful involvement
4 Potential measures of success for each of these recommendation are increased numbers of: (a) TEK programs, policies or
activities developed by EPA in support of tribes and indigenous peoples interests; (b) EPA representatives trained in TEK; (c)
TEK-related presentations, research studies, and success stories shared at community, professional, academic, government,
and inter-government meetings and conferences; (d) Funding available for tribes and indigenous peoples for TEK activities;
(e) Tribal and indigenous traditional foods mapped, assessed and protected; (f) TEK-related articles published in peer-
reviewed literature; (g) Tribes and indigenous peoples, students, and agencies participating in TEK programs and internships;
and, (h) EPA consultations that consider TEK with affected tribes and indigenous peoples communities (as assessed through
surveys, outreach, and feedback)
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NEJAC Recommendations on EPA's Tribal Policy
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• The EPA, through its Indian Environmental General Assistance Program, 5helps tribal governments
build capacity to establish public participation, community involvement, education, and communication
systems to engage community members to understand their environmental and public health concerns,
educate the public on human health and environmental protection issues important to the tribe, and be
responsive to concerns raised.
FINDINGS:
The EPA rightfully recognizes tribal governments as the primary party responsible for making policy
decisions affecting Indian country. While this section focuses exclusively on the federal responsibility to
work with Tribal Governments, the IPWG recognizes that the most effective policies are more broadly
inclusive of Indigenous peoples in both content and process (See Section IV p. 12). The EPA embraces this
principle through the implementation of policies and directives associated with Executive Order 13175. In
addition, the EPA issued the 1994 Tribal Operations Action Memorandum creating the American Indian
Environmental Office (AIEO), the EPA/Tribal Operations Committee (NTOC), and clear operational
priorities for strengthening the EPA Tribal operations. The EPA continues implementing the principles
associated with Executive Order 13175 and thel984 Indian Policy through ongoing government-to-
government relationships with federally recognized tribal governments. These relationships foster
continuing dialogue regarding Agency policies, programs, and practices through venues including the
Regional Tribal Operations Committees and the National Tribal Operations Committee, and could be
expanded to engage tribal leadership in other venues, such as the National Congress of American Indians,
the Great Plains Tribal Chairpersons Association, and the United South and Eastern Tribes, Inc.
RECOMMENDATIONS:
6. EPA's Regional Offices should promote the EPA Tribal/Indigenous EJ Policy to enhance tribal
government and program-level awareness and solicit feedback from tribal representation
regarding implementation effectiveness and/or issues pertaining to EJ.
7. The EPA National Program Manager (NPM) guidance should state goals and targets for the EPA
Tribal/Indigenous EJ Policy as headquarters and regional offices continue implementation
efforts on a government-to-government basis with tribal leadership.
Justification: The EPA already publishes a five-year strategic plan used by Agency management as a tool
guiding operations. Annual performance objectives are captured in the NPM guidance detailing program-
specific guidance related to national and regional efforts.
8. The EPA Annual Commitment System (ACS) should include EPA Tribal/Indigenous EJ Policy
targets to promote implementation efficiencies and performance indicators. These indicators
should support ongoing Indian Policy principles as related to EJ.
Justification: The EPA NPM guidance already includes ACS planning targets indicating annual commitment
performance and results.
9. EPA, through its partnerships with tribal governments, as well as internal system reviews, needs
to provide venues for annual implementation evaluation of the EPA Tribal/Indigenous EJ Policy.
Justification: The EPA Annual Performance Plan, the EPA Action Plan, the Tribal Chairpersons Associations,
Regional Tribal Operations Committee(s), National Tribal Operation(s) Committee, and the National
5 This term refers to the Indian General Assistance Program Act of 1992 (42 U.S.C. 4368b), which provides general assistance
grants and technical assistance to Indian tribal governments and intertribal consortia.
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NEJAC Recommendations on EPA's Tribal Policy
September 2014
Page 6
Environmental Justice Advisory Council represent key information sources to provide comprehensive
review and evaluation of EPA implementation efficiency and effectiveness of its policy.
10. Enhance EPA Regional environmental justice offices to support tribal capacity to implement
environmental justice and address indigenous environmental justice concerns by:
a. Designating a specific EPA Regional Tribal EJ Liaison to ensure that existing regional EPA Tribal
Liaisons and regional EJ Liaisons coordinate and collaborate on tribal and indigenous
environmental justice concerns, and understand tribal culture and diversity.
b. Improving communication with tribes on environmental justice (i.e. conference calls with tribal
staff and/or leaders, meetings, site visits)
c. Assisting in fostering dialogue among tribes, states, local governments, and businesses especially
when issues arise in the implementation of EPA's tribal/indigenous EJ policy.
d. Integrating the Policy throughout various other EPA programs that work with and/or affect tribes.
11. Establish Regional Tribal EJ Working Groups to further support tribes in implementing
environmental justice that:
a. Include representatives from tribes and EPA
b. Develop a listserv to coordinate regular conference calls and share information and resources
c. Work with tribes to develop and periodically update Regional Implementation Plans to implement
environmental justice in Indigenous communities:
i. Example: "EPA Region 5 Regional Implementation Plan to Promote Meaningful Engagement of
Overburdened Communities in Permitting Activities"
ii. Also include regional plans and procedures to implement EPA Policy on Consultation and
Coordination with Indian Tribes if they don't already exist in each region.
12. Develop national coordination & communication, and establish regional collaboration on
environmental justice by:
a. Establishing a national Tribal EJ Working Group or Caucus consisting of both EPA and tribal
representatives
b. Coordinating the sharing of information and implementation plans across Regions
c. Highlighting successful case studies of collaboration and implementation on EJ
d. Developing a Tribal Environmental Justice Internship/Leadership Program to:
i. Inspire, engage, and build experience of youth, students and future tribal leaders to implement
EJ
ii. Develop interns to serve as a bridge between communities, tribal government and the EPA
iii. Work with interns to develop important research and writing to help implement EPA's
tribal/indigenous EJ policy and provide recommendations for enhancements (i.e. such as
above recommendation of collecting successful case studies)
e. Improve access, organization and awareness of available resources for tribes to implement EJ
i. Develop a tutorial/web training for both EPA and tribes on environmental justice and how to
implement the EPA Policy on environmental justice
ii. Host webinars and trainings collaboratively with tribes on EJ
iii. Promote tribal government/program awareness of already available resources such as the
NEJAC report "Meaningful Involvement and Fair Treatment by Tribal Environmental
Regulatory Programs"
iv. Provide relevant environmental justice related educational materials and tools for tribes on a
well-organized and user-friendly online database(s)
f. Support sovereign tribal regulatory authority
i. Assist tribes in developing and implementing their own regulatory programs (i.e. TAS)
ii. Develop, maintain and increase grant programs that support the capacity of tribal
environmental programs to address environmental justice issues; prioritize applicants with
community involvement and environmental justice implementation objectives
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NEJAC Recommendations on EPA's Tribal Policy
September 2014
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III. COORDINATION AND COLLABORATION ON ENVIRONMENTAL JUSTICE IN TRIBAL AREAS6
The EPA Policy includes the following four principles relevant to coordination and collaboration among
governmental agencies and other environmental justice stakeholders:
• The EPA encourages and helps facilitate discussions among and between all governmental and non-
governmental parties, and all entities and individuals with an interest in environmental justice issues
affecting tribes and indigenous peoples.
• The EPA encourages other federal agencies and other governments to incorporate environmental
justice principles into their decision-making and actions regarding tribes and indigenous peoples.
• The EPA also encourages non-governmental individuals and entities to incorporate environmental
justice concerns in their decision-making and activities regarding tribes and indigenous peoples.
• The EPA collaborates and cooperates with other federal agencies to address tribes' and indigenous
peoples' environmental justice issues and leverage the Agency's resources to better communicate,
share information, and collaborate in order to address these issues.
FINDINGS:
At EPA, meaningful involvement means that: (1) potentially affected community residents have an
appropriate opportunity to participate in decisions about a proposed activity that will affect their
environment and/or health; (2) the public's contribution can influence the regulatory agency's decision;
(3) the concerns of all participants involved will be considered in the decision making process; and (4) the
decision makers seek out and facilitate the involvement of those potentially affected.
EPA's environmental justice program supports Indigenous peoples processes that increase relationship
building, trust and mutual support through knowledge, skills and resource sharing. The EPA OEJ has
developed a Collaborative Problem Solving Cooperative Agreement Program that provides a systematic
approach towards identifying and addressing local environmental and public health challenges. The Model
is intended to assist disproportionately affected communities in developing proactive, strategic, and
visionary approaches to address their environmental justice issues and achieve community health and
sustainability.
In tribal communities in the United States, environmental mitigation is significantly behind that of non-
tribal communities (U.S. EPA 2004). one reason is that the system of federal environmental and Indian law
is insufficient to protect indigenous communities from environmental contamination. Exposures to
environmental contamination also impact the TEKW and cultural capital necessary for the reproduction of
cultural knowledge as well as reproduction of the social body. Such knowledge is necessary for the
reproduction of in suigeneris ("of its own kind/genus") communities in an environmental justice
framework as defined by tribal communities themselves. The experience of the St Regis Mohawk Tribe
serves as one example of how current EPA policies are insufficient for protecting Indigenous communities
from environmental contamination.
Continued environmental monitoring and research involving collaborative partnerships among scientific
researchers, community members, and health care providers is needed to determine the continuing
impacts of this contamination and to develop approaches for remediation and policy interventions.
Specifically, environmental justice and reproductive justice leaders of the Akwesasne Task Force on the
Environment published Holistic Risk-Based Environmental Decision Making: A Native Perspective (2002) that
6 References for this section include: indigenous Peoples of North America: Environmental Exposures and Reproductive
Justice Hoover et. al. 2012 http://ehp.niehs.nih.Rov/1205422/ and Broadening Participation in Community Problem Solving:
A Multidisciplinary Model to Support Collaborative Practice and Research, Lasker and Weiss, Vol. 80, No.l, March 2003.
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NEJAC Recommendations on EPA's Tribal Policy
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sought "...to promote health, justice, and equity (through) long-term investments...in community-based
research, including efforts that develop specialized strategies for communication and community
participation. This requires movement away from the hierarchic nature of the current expert-based risk
assessment approach to one that includes collaboration, partnership, and respect for flexible,
multidisciplinary approaches."
St. Regis Mohawk Tribe (Akwesasne) Perspectives and Experience. A chief concern of the St. Regis
Mohawk Tribe is the discharge of PCBs into their local environment because PCBs are so persistent, cancer-
causing and take a very long time to break down in the environment. PCBs have found their way into the
local food chain by infiltrating river sediments, contaminating small organisms which are then eaten by
larger and larger predators until they are eventually are consumed by humans. Research has shown that
PCBs are found in human tissue and breast milk which is then passed on to infants in the prenatal
environment and breastfeeding relationship.
As a remedy, the EPA has implemented Option Six which only calls for partially dredging parts of the river
shore and capping a portion of the river bottom with layers of sand and silt (and in some instances, gravel
and armor stone). According to Ken Jock, Director of the Tribe's Environment Division, "The EPA has never
sufficiently explained or justified the proposed capping remedy." Nor has the intervention been successful.
The Tribal Council supports Remedial Option Number 10, which calls for dredging of the river bottom to
completely remove the contaminants.
Option Six is just one instance in a long history of the EPA's "poor stewardship in protecting our
environment." Tribal Chief Paul Thompson notes the General Motor's partial clean-up and the Reynolds
partial clean-up alongside the Alcoa partial clean-up stating: "(It) is still our land and the EPA should be
using our standards for clean-up, not what the Alcoa scientists say should be done."
RECOMMENDATIONS:
The recommendations focus on implementing: (1) the critical characteristics of shared leadership and
management as articulated by the Community Health Governance Model into EPA coordination and
collaboration with the Tribes and indigenous peoples; and, (2) building historical memory within, among
and across agencies is an important step in developing greater coordination and collaboration.
13. Elevate tribal government leaders, tribal or indigenous elders, and other community identified
leader to increase tribal government and indigenous peoples visibility through
collaboration/co-management/joint learning between tribes, federal agencies, states and non-
profit organizations working within tribal or indigenous communities.
14. Strengthen capacity of tribes and indigenous peoples to use principles of coordination and
collaboration to transform and strengthen Community Health Governance, which broadens
community involvement in the work of government.
15. Increase funding for the Environmental Justice Collaborative Problem-Solving Cooperative
Agreement Program (EJCPS) so that tribal-specific programs can be increased.
16. Promote the EJCPS among Tribes and initiate a tribal-specific Environmental Justice
Collaborative Problem-Solving Cooperative Agreement Program (EJCPS), creating joint learning
opportunities where appropriate. Tribes and multiple federal agencies should also develop a
Regional Climate Change Task Force to develop climate change policy and priorities.
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17. Assist Tribes, Indigenous peoples and non-profit organizations working within Tribes to gain
greater understanding of how the Executive Order on interagency coordination on tribal affairs
(dated June 26, 2013) pertains to existing interagency working groups.
18. Develop a bibliography of the most important reports pertaining to environmental justice issues
of concern to tribes and indigenous peoples, generated between the years 2000-2013.
19. Develop a document based on the reports that indicates which recommendations have been
implemented, which might no longer be relevant, and which remain relevant but thus far not
addressed.
20. Build broader understanding across agencies of the distinctions between federally recognized
tribes and other Indigenous entities.
21. Build broader understanding of how issues of environmental justice are inter-related to other
issues and policies such as the Native American Graves Protection and Repatriation Act
(NAGPRA), the recent UN Declaration on the Rights of Indigenous Peoples, the American Indian
Religious Freedom Act AIRFA), health disparities, climate change, and reproductive
health/justice concerns which all impact how environmental justice issues are approached. For
example:
a. Reproductive Justice is an environmental justice concern that requires coordinated efforts to
address the reproductive health impacts of industrial toxic waste on present and coming
generations.
b. Agencies should attend regional and national conferences and meetings on these EJ-related issues
to broaden their understanding of these environmental justice issues, [e.g. Patterns of Native
Health Day workshop and symposium, April 2014.]
c. Climate change impacts are seen as environmental justice concerns, and are of significant concern
to tribes and indigenous peoples. EPA Region 10 Tribal Leaders Summit, August 31, 2010, created
a Region 10 Inter-Agency - Tribal Visions for Action document which contains many good action
items for addressing tribal and indigenous climate impacts.
22. EPA should develop a matrix of currently existing federal interagency collaborative mechanisms
that includes the Federal Interagency Working Group on Environmental Justice (IWG EJ) and the
Interagency Working Group on Indian Affairs (July 26, 2013).
23. EPA should work with HHS and other federal agencies to integrate Environmental Health and
Justice (EH/J) and Reproductive Health and Justice (RH/J) concerns because of the reproductive
health impacts of exposures to industrial toxic waste on present and coming generations.
24. EPA should help other federal agencies and interagency work groups develop an understanding
and comprehension of environmental justice as it pertains to federally recognized tribal
governments and indigenous peoples, recognizing the relationship to each other, distinction
from each other, and necessity for separate engagement and responsibilities to each.
25. EPA should assist in fostering dialogue and collaboration among tribes, states, local
governments, businesses, community-based organizations, etc. to promote environmental
justice and sustainability (which may likely include issues of sovereignty, jurisdiction, land
ownership, environmental and public health concerns, etc. that will arise in the implementation
of EPA's EJ Policy).
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26. EPA should develop a website that can be easily referenced and updated with a compendium of
how each agency is working to address tribal and indigenous peoples environmental justice
issues. Currently, www.EPAgov is a vast, complex site to navigate and needs a design a portal that
brings consilience to the varied subject areas for tribes. For example, the links to the tribal eco-
ambassador program below should link to the Smithsonian Living Earth Festival You Tube video of the
Eco-Ambassador presentation at the NMAI. It should be available at www.EPA.gov for tribal leaders
and members.7
IV. WORKING WITH INDIGENOUS PEOPLES AND COMMUNITIES
EPA Policy includes two principles relevant to the Agency's work with Indigenous peoples and
communities to address their environmental and human health concerns:
• The EPA engages in open communication with indigenous peoples and provides for meaningful
involvement and fair treatment in its decision-making processes that may impact their communities.
• The EPA responds to the environmental justice concerns of tribal members, as citizens of the United
States, as well as the environmental justice concerns of others residing in Indian country, recognizing
the need to be responsible to the environmental justice concerns of individual tribal members.
Findings:
In many instances, Indigenous peoples do not have the economic means to access information outside of
their communities and often live in remote locations which make it difficult for them to become engaged or
learn about what is being proposed (by government or outside entities) for their community.
Understanding the socio-economic background of these communities can help EPA identify solutions to
building effective communication and collaboration pathways with indigenous peoples. This section
focuses on the importance of working with Indigenous peoples and communities in addition to federally
recognized tribes. In addition to their sovereign rights as members of federally recognized tribes, tribal
members are also enfranchised citizen of the United States, and are afforded all the protections, rights and
responsibilities provided by citizenship. As a government agency, the EPA has the responsibility to protect
the rights of tribal members and indigenous individuals in Indian country, which at times may require
them to weigh and negotiate tribal sovereignty with and against civil rights and liberties.
RECOMMENDATIONS:
Engaging Indigenous peoples when EPA is making decisions and proposals
27. To help build EPA's knowledge and cultural competency of indigenous peoples and their
organizations, EPA offices should be informed about: the tribal nations' territories, ancestral
and cultural territories, land mass, population, identifying each communities' economy,
decision making processes (local and nationwide), governance, infrastructure, community-
based/grassroots (EJ) organizations, language usage, and cultural holidays.
28. On a yearly basis, EPA should create community presentations that explain EPA's role within
tribal nations' territories. Presentations should include background information and an
7 EPA's tribal eco-ambassador page is not all that comprehensive at this moment,
http://www.epa.Rov/ecoambassador/tribal/. The link to the 2011-201 eco-ambassador report with the Fort Peck findings
from the first year (pages 14-17) can be found at http://epa.Rov/tp/pdf/2011-2012tribal-ecoambassadors-report.pdf.
Similarly, consider the link to the Fort Peck Clinical Trial, including the Smithsonian Living Earth Festival You Tube video is
http://www.foodingredient.info/fortpeckclinicaltrial.html.
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overview of various laws such as NEPA, Clean Air Act, Clean Water Air, Endangered Species Act,
etc., as well as other EPA policies and programs that pertain to the respective location and
terrain of tribal nations. Presentations should also include the known upcoming decisions that
may impact tribal nations and community health.
29. As EPA is creating policy, laws or making decisions that impact a tribal nation, tribal
communities, and Indigenous peoples (in addition to notifying and working with the respective
tribal environmental offices and tribal leadership), EPA should:
a. Inform Indigenous communities whose lands, air, water and health may be impacted by the EPA
decision or action.
b. Send an EPA representative to local Indigenous communities, chapters, and environmental justice
organizations to explain EPA's upcoming proposals, EPA laws and process/timeline of how they
determine to make a decision, and the deciding factors.
c. Depending on the territory, provide adequate translation, take questions, and comments from the
public to be better informed.
d. As EPA is creating proposals and/or decisions in the English language, equally translate EPA
proposals in the relevant Indigenous speaking community's language that EPA's decision or
proposal will impact
e. Thoroughly explain the pros and cons of each proposal, and the long-term environmental and
health implications of EPA's decision.
f. Make presentations accessible to the public so that Indigenous peoples can listen and ask questions
to be adequately informed to provide input.
g. Ensure translations of the proposals are made by Indigenous translators, in-person, by radio, and
by video.
h. Make available a public recorder to tape, record or transcribe Indigenous peoples' comments and
input.
30. As EPA is consulting with Indigenous peoples, they should also consult with local leaders within
those "tribal nations" whose lands, air, water or health may be impacted by EPA's decision. EPA
should also give that particular nation a forum or forums to consult with tribal members.
31. EPA and the tribal environmental programs should work together to engage all indigenous
peoples whose land, air, water and health will be impacted by any EPA decisions or proposals.
32. EPA and tribal environmental programs should utilize a culturally appropriate process, like the
Traditional Ecological framework, to engage indigenous peoples and communities to begin
identifying helpful lines of communication and collaboration that work best for EPA and
indigenous peoples.
33. Each of the 10 EPA regions should establish a working position for an Environmental Justice
Indigenous Liaison that can help outreach and share information that is relevant to tribal
nations and environmental justice communities/indigenous peoples within their jurisdiction
who may be impacted by an EPA decision or proposal.
34. EPA and tribal EPA should provide legal and technical support for indigenous peoples to better
understand EPA decisions, policies and laws especially if an EPA decision or proposal impact
indigenous peoples land, water, air, health and human rights.
35. When EPA is making a decision regarding an industry that is currently going under review for
compliance through the Clean Air and Clean Water acts or other laws, they should review the
past and current health impacts the industry has had on public health. If a health study is not
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available then EPA should provide grants to support health researchers to conduct an
assessment.
1 United Nations, Department of Economic and Social Affairs, Division for Social Policy and Development, Workshop on Data
Collection and Disaggregation for Indigenous Peoples, New York, January 19-21, 2004, The Concept of Indigenous Peoples,
Background paper prepared by the Secretariat of the Permanent Forum on Indigenous Issues, PFIl/2004/WS. 1/3.
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