-|BL
EPA
OAR HANDBOOK FOR INTERACTING WITH
TRIBAL GOVERNMENTS
m /. o|uIa aB&Ii " /»* jpfi r&ij^y
Mi ¦ ^ 4 » .< iX. ', , • fj ,- •
1* r-( *<&%& ¦* ?&£>< (I' f J*H^T > itv 2*tifWt
JfiVl 9'4/l a f !
\ !>¦"., ' V* - A '„'» ' "*' 4,. ,1
February 2014
The Office of Air and Radiation
-------
OAR Handbook for Interacting with Tribal Governments
DISCLAIMER
This handbook is intended solely as guidance for employees of the United States Environmental
Protection Agency (EPA), Office of Air and Radiation (OAR). This document is not a regulation and
does not create or affect any legal obligations or any right or trust responsibility. This handbook
refers to coordination and consultation activities with federally recognized Indian tribes, which OAR
undertakes generally, as a matter of policy. This document may be revised as appropriate without
consultation or notice.
2
-------
OAR Handbook for Interacting with Tribal Governments
TABLE OF CONTENTS
FIGURES 4
LIST OF ACRONYMS 5
I. INTRODUCTION 6
A. WHY DEVELOP A HANDBOOK FOR TRIBAL INTERACTIONS FOR THE OFFICE OF AIR AND RADIATION? 6
B. WHAT ARE THE INTERACTIONS BETWEEN OAR AND TRIBAL GOVERNMENTS? 8
C. CONSIDERA TIONS FOR EPA INTERACTIONS WITH TRIBES 9
D. WHAT IS THE DIFFERENCE BETWEEN COORDINATION VERSUS CONSULTATION? 11
E. WHA T DO OAR TRIBAL INTERACTIONS INCL UDE? 12
F. WHA TARE THE ROLES OF THE OAR TRIBAL AIR PROGRAM CONTACTS ? 15
II. IDENTIFICATION 16
A. INTRODUCTION 16
B. HOW TO DETERMINE IF AN ACTION AND/OR DECISION MAY AFFECT TRIBAL INTERESTS 17
C. FOLLOWING THE AGENCY'S ACTION DEVELOPMENT PROCESS FOR RULEMAKINGS 19
III. COORDINATION 20
A. WHAT IS COORDINATION? 20
B. GENERAL RECOMMENDA TIONS FOR COORDINA TION 20
C. PROCESS FOR CONDUCTING EFFECTIVE COORDINATION 22
IV. CONSULTATION 23
A. WHEN IS CONSULTATION REQUIRED? 23
B. STEPS TO EFFECTIVE CONSUL TA TION 24
C. EXECUTIVE ORDER 13175 CERTIFICATION (IFAPPLICABLE) 29
V. REPORTING REQUIREMENTS 30
VI. CONCLUSION 30
VII. APPENDIX 31
A-l. OAR TRIBAL AIR PROGRAM CONTACTS 32
A-2. OAR TRIBAL TEAM 33
A-3. OAQPS TRIBAL PROGRAM CONTACTS 34
A-4. OAP TRIBAL PROGRAM CONTACTS 35
A-5. ORIA TRIBAL PROGRAM CONTACTS 36
A-6. OAR TRIBAL CONSULTATION ADVISORS FOR TRIBAL CONSULTATION TRACKING SYSTEM (TCOTS) 37
A-7. INCORPORATING TRIBAL CONSIDERATIONS INTO TIER 1 AND TIER 2 ACTIONS UNDER THE ADP 38
A-8. OAR EFFECTS ON TRIBES ASSESSMENT FORM 39
A-9. TRIBAL COORDINATION AND CONSULTATION STRATEGY: RULEMAKINGS 40
A-10. TRIBAL COORDINATION AND CONSULTATION STRATEGY: VOLUNTARY PROGRAMS 41
A-11. FACT SHEETS FOR TRIBES (Example) 44
A-12. TRIBAL CONSUL TA TION LETTER (Example 1) 45
A-12. TRIBAL CONSULTATION LETTER (Example 2) 47
A-12. TRIBAL CONSUL TA TION LETTER (Example 3) 49
A-13. CERTIFICATION MEMO FROM OAR TO OITA (Example) 51
A-14. MEMO CERTIFYING CONSULTATION FROM OITA TO OAR (Example) 53
A-15. RULEMAKING PREAMBLE LANGUAGE (Examples) 55
A-16. EPA RESPONSE LETTER TO TRIBE (Example) 59
A-l 7. KEY TERMS AND CONCEPTS 63
A-18. RELEVANT TRIBAL AND EPA ORGANIZA TIONS 66
3
-------
OAR Handbook for Interacting with Tribal Governments
FIGURE 1: COORDINATION VERSUS CONSULTATION 12
FIGURE 2: OAR TRIBAL CONSULTATION AND COORDINATION ACTIVITIES 14
FIGURE 3: OAR ASSESSMENT OF POTENTIAL EFFECTS ON TRIBES 18
4
-------
OAR Handbook for Interacting with Tribal Governments
LIST OF ACRONYMS
ADP
ACTION DEVELOPMENT PROCESS
AIEO
AMERICAN INDIAN ENVIRONMENTAL OFFICE
AQAD
AIR QUALITY ASSESSMENT DIVISION
AQPD
AIR QUALITY POLICY DIVISION
BIA
BUREAU OF INDIAN AFFAIRS
CAMD
CLEAN AIR MARKETS DIVISION
CCD
CLIMATE CHANGE DIVISION
CERT
THE COUNCIL OF ENERGY RESOURCE TRIBES
CPPD
CLIMATE PROTECTION PARTNERSHIP DIVISION
CTPG
COMMUNITY AND TRIBAL PROGRAMS GROUP
DERA
DIESEL EMISSIONS REDUCTION ACT
DOI
DEPARTMENT OF THE INTERIOR
EO
EXECUTIVE ORDER
EPA
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
HEID
HEALTH AND ENVIRONMENTAL IMPACTS DIVISION
ITCA
INTER TRIBAL COUNCIL OF ARIZONA
ITEC
INTER-TRIBAL ENVIRONMENTAL COUNCIL
ITEP
INSTITUTE FOR TRIBAL ENVIRONMENTAL PROFESSIONALS
NAAQS
NATIONAL AMBIENT AIR QUALITY STANDARDS
NCAI
NATIONAL CONGRESS OF AMERICAN INDIANS
NESHAP
NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
NTAA
NATIONAL TRIBAL AIR ASSOCIATION
NTOC
NATIONAL TRIBAL OPERATIONS COMMITTEE
OAP
OFFICE OF ATMOSPHERIC PROGRAMS
OAQPS
OFFICE OF AIR QUALITY PLANNING AND STANDARDS
OAR
OFFICE OF AIR AND RADIATION
OID
OUTREACH AND INFORMATION DIVISION
OITA
OFFICE OF INTERNATIONAL AND TRIBAL AFFAIRS
OMB
OFFICE OF MANAGEMENT AND BUDGET
ORIA
OFFICE OF RADIATION AND INDOOR AIR
OTAQ
OFFICE OF TRANSPORTATION AND AIR QUALITY
RIC
REGIONAL INDIAN COORDINATOR
RTOC
REGIONAL TRIBAL OPERATIONS COMMITTEE
SPD
STRATOSPHERIC PROTECTION DIVISION
SPPD
SECTOR POLICIES AND PROGRAMS DIVISION
TAC
TRIBAL AIR COORDINATOR
TAMS
TRIBAL AIR MONITORING SUPPORT CENTER
TCA
TRIBAL CONSULTATION ADVISOR
TCOTS
TRIBAL CONSULTATION TRACKING SYSTEM
TEPS
TRIBAL ENVIRONMENTAL PROFESSIONALS
5
-------
OAR Handbook for Interacting with Tribal Governments
I. INTRODUCTION
A. WHY DEVELOP A HANDBOOK FOR TRIBAL INTERACTIONS FOR THE OFFICE
OF AIR AND RADIATION?
On November 5, 2009, President Obama signed a Memorandum on Tribal Consultation1
directing all federal agencies to develop a plan to fully implement Executive Order 13175
("the Order").2 In response, the EPA released its Policy on Consultation and Coordination
with Indian Tribes on May 4, 2011 (the "Agency's Policy"). The Agency's Policy establishes
broad standards to determine when the Agency should consult with federally recognized
tribal governments based on the Order and the principles expressed in the 1984 EPA Policy
for the Administration of Environmental Programs on Indian Reservations ("1984 Indian
Policy").4
One of the primary goals of the Agency's Policy is to fully implement both the Order and the
1984 Indian Policy, with the ultimate goal of strengthening the coordination, consultation,
and partnership between tribal governments and the EPA. The most basic result of this full
implementation is that the EPA takes an expansive view of the need for consultation in line
with the 1984 Indian Policy's directive to consider tribal interests whenever the EPA takes an
action that "may affect" tribal interests. The Agency's Policy is intended to be implemented
using existing EPA structures to the extent possible. The use of current EPA business
processes, such as the Action Development Process (ADP), National and Regional Tribal
Operations Committees (NTOC and RTOC), and tribal partnership groups is purposeful so
that consultation with tribal governments becomes a standard EPA practice and not an
additional requirement. Under the Agency's Policy, the EPA program and regional offices
have the primary responsibility for consulting with tribes and must ensure their respective
consultation plans and practices are in accordance with this Policy.
The OAR Handbook for Interacting with Tribal Governments (referred to as the "Handbook" or
"Document") is designed to provide specificity and guidance to OAR staff on how to conduct
coordination and government-to-government consultation ("consultation") with tribal
governments under the general umbrella of the Agency's Policy. This Handbook will assist OAR
personnel in reviewing OAR's actions and/or decisions to determine if they may affect tribal
interests and describes OAR's tribal interactions including coordination with environmental staff
and managers, tribal partnership groups (i.e., National Tribal Air Association (NTAA)) and
consultation with tribal governments. This Handbook evolved from prior guidance developed
and used by OAR's Office of Air Quality Planning and Standards (OAQPS) dated April 10,
2009.5 (For a definition of key terms and concepts within the document, see A-17 in the
Appendix.)
1 November 5, 2009, Presidential Memorandum for the Heads of Executive Departments and Agencies on Tribal
Consultation, http://www.epa.gov/tp/pdf/tribal-consultation-memorandum-09.pdf
2 Executive Order 13175 of November 6, 2000, Consultation and Coordination With Indian Tribal
Governments, http://www.epa.gov/tp/pdf/eo-13175.pdf
3 EPA Policy on Consultation and Coordination with Indian Tribes, http://www.epa.gov/tp/pdf/cons-and-coord-with-
indian-tribes-policy.pdf
4The 1984 EPA Indian Policy, http://www.epa.gov/tp/pdf/indian-policy-84.pdf
5 The Office of Air Quality Planning and Standards, Consulting with Indian Tribal Governments, dated April 10, 2009.
http://www.epa.gov/air/tribal/pdfs/OAQPSConsultationPolicy%20april%202009.pdf
6
-------
OAR Handbook for Interacting with Tribal Governments
Early and meaningful tribal involvement is a cornerstone of the Agency's Policy and Executive
Order 13175. The Agency, in keeping with the federal trust responsibility, will ensure that tribal
concerns and interests are considered whenever the EPA's actions and/or decisions may affect
Indian country or other tribal interests. The EPA's fundamental objective is to protect human
health and the environment. This Handbook introduces OAR staff and managers to the basics of
coordination with tribes and consultation with American Indian governments within the context
of the work performed in OAR. It provides a roadmap for analyzing whether OAR actions and/or
decisions may affect tribes and if so, how to proceed. For the purpose of this document, the term
actions and/or decisions refers to any of the following, non-exclusive list of activity categories
that are normally appropriate for consultation if they may affect a tribe(s):
Regulations or rules.
t, • •. . .• Not all of the activity
Policies, guidance documents, directives. . . ¦ -
' ° ' categories in the
Budget and priority planning development. Agency's Policy, as
Legislative comments.6 listed here, are
Permits. applicable to OAR
Civil enforcement and compliance monitoring actions. actions and/or
8 1 " "
Response actions and emergency preparedness.
State or tribal authorizations or delegations.
EPA activities in implementation of U.S. obligations under an international treaty or
agreement.
¦ Initiation or any significant change of voluntary/partnership programs.
For example, actions and/or decisions developed by OAR may include revisions to existing
regulations as set forth by the National Emission Standards for Hazardous Air Pollutants
(NESHAP) and the National Ambient Air Quality Standards (NAAQS), and the development or
revision of voluntary and partnership non-regulatory programs of plans and guidance.
Coordination and consultation on voluntary/partnership programs may be appropriate if the
Agency's actions and/or decisions may affect tribal interests. For additional guidance on these
programs, you should consult with your OAR Tribal Air Program Contact. (See A-l in the
Appendix.)
decisions.
6 Legislative comments are a special case where, due to short legislative timeframes, consultation in advance of comment
submission may not always be possible. Nevertheless, the EPA will strive to inform tribes when it submits legislative
comments on activities that may affect Indian country or other tribal governmental interests.
7 Primary guidance on civil enforcement matters involving tribes can be found in "Guidance on the Enforcement
Priorities Outlined in the 1984 Indian Policy" and "Questions and Answers on the Tribal Enforcement Process." This
plan is intended to work with the Agency Consultation Policy in a complementary fashion to ensure appropriate
consultation with tribes on civil enforcement matters.
8 The tenn "response" as defined under the Comprehensive Enviromnental Response, Compensation and Liability Act
(CERCLA) includes removals and remedial actions.
7
-------
OAR Handbook for Interacting with Tribal Governments
This Handbook describes the overall process of OAR tribal interactions and includes seven
sections:
¦ Introduction - Describes terms and general principles used to better understand the
importance of working with tribes.
¦ Identification - Helps to identify effects your action and/or decision may have on tribes or
tribal interests.
¦ Coordination - Discusses how to provide information to tribes and, if appropriate, how to
ensure their effective input and involvement in the action and/or decision development
process.
¦ Consultation - Discusses how to effectively consult with tribe(s) and provide written
feedback as to how their input was considered in the final action.
¦ Reporting Requirements - Describes OAR's reporting requirements under the Agency's
Policy to ensure the EPA's compliance in implementing Executive Order 13175.9
¦ Conclusion - Provides a recap of OAR's philosophy on coordination/outreach and
consultation with tribes.
¦ Appendix - Includes sample consultation letters, key terms and concepts, tribal program
contacts, tribal organizations, sample tribal coordination and consultation strategies, tribal
effects assessment form, etc.
B. WHAT ARE THE INTERACTIONS BETWEEN OAR AND TRIBAL
GOVERNMENTS?
The interactions between OAR and tribal governments are rooted in and guided by three key
concepts: tribal sovereignty, the government-to-government relationship, and the federal trust
responsibility to federally recognized tribes.
Tribal Sovereignty
Tribal sovereignty helps us understand with whom we
are interacting. As sovereign entities, Indian tribes Sovereignty means that federally
• , , , • recognized tribal governments can
retain sovereign powers over their members and their .., . . ... , , ,
° r set their own priorities and goals for
territory. In light of tribal sovereignty and other their membership and territory,
principles of federal Indian law, states and local
governments are generally precluded from exercising
jurisdiction in Indian country.10 Each tribal government generally sets its own priorities and
goals for its membership and territory, including those for environmental protection. Thus,
sovereign tribal governments generally have an interest in environmental protection issues,
including air quality issues, affecting their members and territory.
9 Presidential Memorandum for the Heads of Executive Departments and Agencies on Tribal Consultation dated
November 5, 2009. http://www.gpo.gov/fdsys/pkg/DCPD-200900887/pdf/DCPD-200900887.pdf
111 Indian country is defined at 18 U.S.C. § 1151 as: "(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."
8
-------
OAR Handbook for Interacting with Tribal Governments
The Government-to-Government Relationship
The government-to-government relationship helps us
understand how we are to interact. The EPA recognizes Federal officials interact with
the government-to-government relationship between the representatives of federally
United States and federally recognized Indian tribes, and recognized tribal governments,
acknowledges Indian tribes as sovereign governments
retaining important inherent powers of self-governance. This relationship provides a framework
for interacting with tribes as partners to address potential environmental issues of mutual
concern. The EPA has significant experience across the Agency working and consulting with
tribes on a government-to-government basis.
The Federal Trust Responsibility
The federal trust responsibility helps us understand why we interact with tribes. The federal
government has a trust responsibility to federally recognized tribes. Like other federal agencies,
the EPA acts in accordance with that trust responsibility, which includes coordinating and
consulting with tribes when taking actions or
making decisions that may affect tribal interests. In The United States has a tmst
the EPA s landmark 1984 Indian Policy, the responsibility to federally recognized
Agency stated that the keynote of the EPA's tribes that includes the protection of
efforts to protect human health and the the sovereignty of tribes,
environment on Indian reservations "will be to
give special consideration to tribal interests in making Agency policy, and to ensure the close
involvement of tribal governments in making decisions and managing environmental programs
>>11 ' • 12
affecting reservation lands. " Similarly in a 1994 memorandum, the President directed all
federal agencies to assess the impacts of their plans, projects, programs, and activities on tribal
trust resources, to assure that tribal government rights and concerns are considered during the
development of such plans, projects, programs, and activities, and to the extent practicable and
permitted by law, consult with federally recognized tribal governments before taking actions or
making decisions that affect them.
C. CONSIDERATIONS FOR EPA INTERACTIONS WITH TRIBES
Each tribe is unique and differs in leadership, governmental and economic infrastructure, and
culture; as a result, no single set of protocols will meet the needs of all tribes. Rather, these are
general considerations and guidelines to help staff to approach all tribes with appropriate respect
and sincerity. All EPA staff now complete on an annual basis an online course titled, "Working
Effectively with Tribal Governments".13 To further increase awareness and highlight the
11 EPA Policy for the Administration of Enviromnental Programs on Indian Reservations, November 8, 1984.
http ://www.epa. gov/tp/pdf/indian-policy-84 .pdf
12Memorandum: Government-to-Government Relations with Native American Tribal Governments, April 29, 1994 (59
Fed. Reg. 22951). http://www.fws.gov/policy/library/rg94frl0877.pdf
13 Working Effective with Tribal Governments, https://epa.skillport.com/skillportfe/login.action
9
-------
OAR Handbook for Interacting with Tribal Governments
relevance of tribal training for OAR, staff are encouraged to take additional OAR-focused
training to gain a better understanding of relevant federal law, Indian programs and government,
Indian culture, and how these issues affect our work and interactions with tribes on air issues.
OAR plans to provide training on this Handbook to all of its program offices.
Below are key considerations:
> Every tribe is culturally unique. You should be aware of and respect each tribe's cultural
concerns.
> The perception of encroachment on tribal sovereignty is one of the most significant issues
for tribes today. The issues of tribal treaty rights, resources, and boundaries are
particularly important to tribes. Tribes should, as much as possible, be included early in
the policy, guidance or rule development process to help ensure their input is meaningful.
> Tribes often have two tiers of government (e.g., legal/political and traditional). The duly
appointed tribal leader is not always the decision-maker. You should learn the system of
government used by a specific tribe before initiating contact; your OAR Tribal Air
Program Contact and the appropriate regional office can assist you with this.14 (For OAR
Tribal Air Program Contacts, see A-l in the Appendix.)
> While environmental issues are of concern to most tribes, they are also concerned with
many other issues such as poverty, unemployment, economic development, education
and health issues.
> There may be none, only one or a few tribal environmental professionals (TEPs) working
on all environmental issues for a tribe. Therefore, any apparent lack of interest in a
specific matter may, in reality, result from limited time and resources, and their need to
prioritize their environmental concerns. Tribes also tend to approach environmental
issues holistically rather than from the media-specific approach that the EPA traditionally
takes.
> One size does not fit all. Appropriate consultation may be different for each tribe; it is
important that you contact your OAR Tribal Air Program Contact to consider different
avenues for reaching out to the tribes.
> Tribes may be skeptical of federal or state governments so they may not be very receptive
to you at first. By taking time to inform the tribes appropriately, you will have gone a
long way towards building a fruitful, professional relationship. Your OAR Tribal Air
Program Contact can help since they have already developed relationships with many
tribes.
> Tribes typically are very interested in solving their own problems (related to self-
determination and sovereignty) regarding priorities, developing tools and products, etc.,
that are relevant to their tribe.
> Alaskan Native Villages are unique when compared to most other tribes. They face
significant challenges in their relationship with federal agencies, in the structure of their
governments and for resources available to them. Additional planning steps may be
necessary to address their specific needs.
14 Some tribes operate under long standing traditional systems; others operate much like the federal and state systems.
Some are made up of elected officials; others are made up of leaders chosen by a clan group or other traditional group of
people in the community.
10
-------
OAR Handbook for Interacting with Tribal Governments
D. WHAT IS THE DIFFERENCE BETWEEN COORDINATION VERSUS
CONSULTATION?
The OAR Handbook describes an overall process that includes two important and distinct types
of interactions with tribes: the first is coordination and the second is consultation (see
Figure 1). Coordination is generally conducted with tribal environmental professionals (TEPs)
(e.g., tribal air program directors and immediate staff; although other tribal personnel or tribal
officials may be involved) in advance of policy, guidance or rulemaking in which we think tribes
will have an interest. The purpose of coordination, among other things, is to:
¦ Assist OAR in assessing whether a particular action or decision may affect tribal
interests,
¦ Involve tribes early in the action and/or decision development process to ensure
meaningful tribal input, and
¦ Assist OAR in determining where consultation with elected or duly appointed tribal
leaders may be appropriate.
In contrast, consultations for OAR's efforts are designed to ensure meaningful and timely
meetings or discussions with elected or duly appointed tribal leaders (or their authorized
representatives) and the EPA decision-makers as they pertain to OAR actions. Consultation is an
opportunity for tribes to interact with the EPA, to discuss the potential effects of planned Agency
actions on tribal interests and make recommendations to the Agency. While consultation occurs
with tribal leaders (elected or duly appointed) or their authorized representatives, the EPA
routinely conducts a wide variety of coordination activities with tribes that include non-elected
leaders, environmental professionals, etc. Under the OAR Handbook for Interacting with Tribal
Governments, coordination should begin early in order for the EPA to discuss with tribes the
appropriate level of interaction in the action and/or
decision development process. If the EPA and the
tribe proceed to consultation, this should take place
prior to action proposal. After proposal, the EPA
may need to undertake subsequent rounds of
consultation if there are significant changes in the
originally-proposed activity or as new issues arise.
In the OAR Handbook, we have adapted the
coordination and consultation process as outlined in
the Agency's Policy to better reflect OAR's actions
and/or decisions. The focus of OAR's efforts for voluntary programs are on meaningful and
timely communications with tribes (e.g., at the TEP level) to increase their awareness and ensure
we receive their input as appropriate.
Coordination is generally always
warranted; however, government-to-
government consultation may not be
appropriate or desired for all
activities. For example, if it is
determined during the coordination
process that an action or decision does
not affect tribal concerns or interests,
then consultation is not required.
11
-------
OAR Handbook for Interacting with Tribal Governments
WHEN
WITH
WHOM
WHY
HOW
Figure 1: Coordination versus Consultation
E. WHAT DO OAR TRIBAL INTERACTIONS INCLUDE?
The OAR tribal interactions discussed in this document include all the steps you will need to
conduct successful coordination and/or consultation with tribes such as:
¦ How to identify effects your action and/or decision may have on tribes;
¦ How to communicate with and provide information to tribes;
¦ How to involve tribes in the action and/or decision development process; and
¦ How to effectively consult with tribes.
Although the Agency's Policy serves as the overarching framework for consultation across the
EPA, it allows each program office the flexibility to determine the appropriate manner to consult
Each program office lias the flexibility to determine the appropriate manner to consult, given the specifics and tribal
preferences in each situation as allowed by the EPA Policy on Consultation and Coordination with Indian Tribes dated
May 4, 2011. http://www.epa.gov/tp/pdf/cons-and-coord-with-indian-tribes-policy.pdf
12
-------
OAR Handbook for Interacting with Tribal Governments
given the specifics and tribal preferences for each situation. Accordingly, the OAR Handbook
has tailored the four phases outlined in the Agency's Policy (Identification, Notification, Input,
and Follow-up) to better address OAR tribal interactions for coordination and consultation by
combining them into three phases as shown below.
1. Identification: OAR identifies activities that may be appropriate for coordination and/or
consultation. This phase should include a determination of the complexity of the activity,
its potential effects for tribes, and any time and/or resource constraints on coordination
and/or consultation activities.
2. Coordination: OAR notifies the tribes of activities that may be appropriate for
coordination and/or consultation and provides additional informational/educational
opportunities if requested. TEPs may provide input to OAR at this phase for the EPA to
consider.
3. Consultation: OAR initiates consultation or tribes officially request consultation and
provide input to the EPA on the consultation matter. This phase may include a range of
interactions including written and oral communications including exchanges of
information, phone calls, meetings, and other appropriate interactions as warranted. OAR
may need to undertake subsequent rounds of consultation if there are significant changes
in the originally-proposed activity or as new issues arise. As a final step, OAR follows up
with feedback to the tribe(s) involved in consultation(s) to explain how their input was
considered in the final action. Note: if consultation is not conducted, then the applicable
program office within OAR is not required to follow the procedures pertaining to
response letters as described in the Agency's Policy.
A flow chart outlining these OAR tribal coordination and consultation activities is shown in
Figure 2 below. A detailed discussion of the identification, coordination and consultation phases
is provided in Sections II - IV of this document.
13
-------
OAR Handbook for Interacting with Tribal Governments
Identification
(Initial assessment and
determination)
¦OAR Effects on Tribes
Assessment Form
¦Action to OAR Triba I
Team and NTAA
Executive Steering
Committee
¦EPA'sAction
Development Process
Coordination
(Identifies and notifies
tribe(s) about activities
that may be appropriate
for consultation)
¦Identify issues, interests
and effects
¦Involve tribes early
¦Involve regions
¦Develop tribal
coordination and
consultation strategy
¦Fact sheet
¦Notify TEPs
¦Hold informational calls,
meetings, webinars,
newsletters, websites,
listserv
IF,
it is
determined
that
consultation is
warranted,
then proceed
Consultation
(Tribe(s) provide
input to EPA on the
consultation matter)
¦Tribal consultation
letters
¦Hold consultation
(in person meetings
or via teleconference
with tribal leaders or
their designees and
EPA senior decision-
maker)
Follow-up
(If applicable,
EPA provides
feedback to the
tribe(s) on how
their feed back
was considered
in the final
action.)
For a regulatory action
~
If NOT a
regulatory
action
If there are
EFFECTS
under Executive
Order 13175
If there are NO
effects
Certification is
required
Prepare
certification letter
forOMB.
Document
for preamble.
Include in docket.
Document
for preamble.
Include in docket.
1
Tribal Consultation
Tracking System (TCOTS)
Database*
If consultation is warranted,
then a consultation record
should be entered (early in
the process) into TCOTS. This
record will document all
coordination and
consultation activities
related to a specific action
and/or decision. This
information should be
entered by your program
office's Tribal Consultation
Advisor (TCA). Note: once
this information is posted by
AIEO, it is available for
viewing by the general
public.
Follow-up
with response
letter to tribe(s).
TCOTS is the EPA's centralized database for tracking the Agency's
consultations with federally recognized tribal governments.
Figure 2: OAR Tribal Consultation and Coordination Activities
14
-------
OAR Handbook for Interacting with Tribal Governments
F. WHAT ARE THE ROLES OF THE OAR TRIBAL AIR PROGRAM CONTACTS?
The OAR Tribal Program Manager is in the immediate office of the OAR Assistant
Administrator and is the primary liaison with the EPA American Indian Environmental Office
(AIEO) within the Office of International and Tribal Affairs (OITA). The OAR Tribal Program
Manager is the point of contact for each program office within OAR. Each program office - the
Office of Air Quality Planning and Standards (OAQPS), Office of Atmospheric Programs
(OAP), Office of Radiation and Indoor Air (ORIA), and Office of Transportation and Air Quality
(OTAQ) - has a Tribal Air Program Contact that is available to answer questions and provide
support for tribal coordination and consultation for program activities and rulemakings. All of
the contacts meet regularly as a team to address overarching questions, issues, and concerns.
Below is a brief description of the various program roles. (For a listing of the OAR Tribal Air
Program Contacts, see A-l in the Appendix.)
OAR Tribal Program Manager
The OAR Tribal Program Manager is the primary liaison between OAR and AIEO and works
directly with the EPA regions and tribal governments on coordinating tribal air quality issues.
This role coordinates tribal issues across OAR and deals with budgetary, national grants,
program questions and other cross cutting issues.
OAR Tribal Team
The OAR Tribal Team includes representatives from each of the headquarters air offices and the
OAR Tribal Program Manager. The team coordinates with members of the National Tribal Air
Association's Executive Steering Committee for input on actions and/or decisions that may
affect tribal interests. This team meets regularly to discuss upcoming rulemakings and to help
OAR staff prioritize rules for tribal consultation. The team can also help staff identify activities
that may affect tribal interests, as well as opportunities for coordination on regulations and
voluntary/partnership programs. Talk with your OAR Tribal Air Program Contact for more
information. (For members of the OAR Tribal Team, see A-2 in the Appendix.)
OAQPS Tribal Program Contacts
The OAQPS primary contact for all tribal related issues is the Community and Tribal Programs
Group (CTPG) located in the Outreach and Information Division (ODD). CTPG serves as the
OAQPS Tribal Consultation Advisor (TCA) and is the primary liaison between OAR and
OAQPS for tribal activities. The TCA and the OAQPS Tribal Consultation Coordinator are
responsible for initiating and tracking OAQPS tribal coordination and consultation activities and
for providing assistance to the project lead in developing the consultation letter.
The CTPG also oversees the cross-divisional OAQPS tribal workgroup comprised of
representatives from each of the five OAQPS divisions: Air Quality Assessment Division
(AQAD), Air Quality Policy Division (AQPD), Health and Environmental Impacts Division
(HEID), Outreach and Information Division (OID), and Sector Policies and Programs Division
(SPPD). This workgroup meets on a monthly basis to review the OAQPS schedules for
upcoming activities and/or rulemakings. The OAQPS tribal workgroup also meets to discuss
issues and concerns related to implementing OAR's Handbook with respect to tribes across
OAQPS divisions. This workgroup can assist in helping to decide the most appropriate method
for involving tribes in OAQPS actions and/or decisions. (For OAOPS tribal program contacts,
see A-3 in the Appendix.)
15
-------
OAR Handbook for Interacting with Tribal Governments
OAP Tribal Program Contact
The OAP Tribal Program Contact serves as the primary liaison between OAP and the rest of
OAR and the regions regarding tribal issues. The OAP Tribal Program Contact manages the
OAP tribal team which consists of representatives from each of the four OAP divisions: the
Clean Air Markets Division (CAMD), the Climate Change Division (CCD), the Climate
Protection Partnership Division (CPPD), and the Stratospheric Protection Division (SPD). This
team meets monthly to discuss tribal projects, consultation and outreach efforts for both
regulations and voluntary/partnership programs, and tribal issues related to OAP activities. The
team also works to increase awareness of tribal issues across the office and to identify new
opportunities for OAP to support and interact with tribes. (For OAP tribal program contacts, see
A-4 in the Appendix.)
ORIA Contact
The ORIA Senior Tribal Advisor is the primary contact for all tribal indoor air and radiation
issues and leads the ORIA tribal team, which includes representation from ORIA divisions,
Tribal Air Monitoring Support (TAMS) Center, and regional indoor air and radiation
representatives. The ORIA tribal team serves as a means for coordinating and communicating
ORIA related activities and information of interest to tribes. (For ORIA tribal program contacts,
see AS in the Appendix.)
OTAQ Contact
OTAQ's Tribal Advisor is the primary contact for all tribal matters associated with mobile
source issues and leads the OTAQ's tribal outreach efforts, which currently include the Diesel
Emissions Reduction Act (DERA) National Funding Assistance Program's Tribal Competition.
In addition to supporting OTAQ's communication with the tribes, the OTAQ Tribal Advisor
coordinates and communicates OTAQ related activities and information of interest to tribes. (For
OTAO tribal program contact, see A-2 in the Appendix.)
II. IDENTIFICATION
A. INTRODUCTION
The identification phase is designed to help assess whether an Agency action and/or decision
may affect tribal interests. This phase should include a determination of the complexity of the
activity, its potential effects on tribes, and time and/or resource constraints relevant to
consultation and coordination activities. In this Handbook, we will use the key term effects that
reflects the principles expressed in the 1984 EPA Policy for the Administration of Environmental
Programs on Indian Reservations (1984 Indian Policy) for interacting with tribes. The 1984
Indian Policy remains the cornerstone for the EPA's Indian program and "assure[s] that tribal
concerns and interests are considered whenever the EPA's actions and/or decisions may affect
tribes (1984 Policy, p.3, principle no.5). (For a definition of effects, see IV. Consultation.)
If a determination is made that an action and/or decision may have tribal effects, then
consultation may be required and additional steps must be followed as directed in the Agency's
Policy (see Section IV. Consultation). Actions and/or decisions that potentially require
consultation may be those that:
16
-------
OAR Handbook for Interacting with Tribal Governments
¦ Impose substantial direct compliance costs on Indian tribal governments;
¦ Affects the relationship between the federal government and Indian tribes; or
¦ Affects the distribution of power and responsibilities between the federal government and
Indian tribes.
Furthermore, consultation may be required if an action or decision has effects on tribal natural
resources; tribal culture on the reservations; trust lands or other lands; and treaty rights
applicable to lands outside reservation boundaries. It is important to recognize that tribes have
many interests including human health, ecological, cultural, economic, and/or social impacts.
Coordination with tribes should be considered for all actions and/or decisions to help identify if
tribal interests are affected. For example, if an action or decision regulating a facility on a tribal
reservation, which is not owned by the tribe, but which contributes to the revenues of the tribe
and employs tribal members, consultation is recommended since there is a potential for an
indirect effect on the tribe's revenues and general economy including employment.
B. HOW TO DETERMINE IF AN ACTION AND/OR DECISION MAY AFFECT TRIBAL
INTERESTS
Assessment
The OAR assessment of potential effects on tribes is a process that helps to determine whether an
OAR rule, action and/or decision, or voluntary/partnership program could potentially affect tribal
interests (see Figure 3 below). To initiate the assessment process, the project lead may use the
OAR Effects on Tribes Assessment Form ("Assessment Form") or equivalent documentation
for ascertaining whether the activity may have an effect on a tribe(s) or tribal interests. (For a
copy of this form, see A-8 in the Appendix.)
In conducting the assessment process, some of the questions
will be answerable without significant data research or
development. Other considerations will require analysis of
EPA data to determine whether there is a potential to affect
tribal interests. Based on your review of these
considerations, if the answer is YES to any of the questions
in Figure 3, then your action and/or decision may affect
tribes. Government-to-government consultation with the
potentially affected tribal officials may be warranted along
with coordination and a Tribal Coordination and
Consultation Strategy ("Strategy") should be developed
(see pg. 19). Even if the answer is clearly NO to all of the
questions, some form of coordination may be recommended,
based on other Agency policies such as the EPA's 1984 Indian Policy. It
is recommended that the OAR Tribal Team review the completed Assessment Form or
equivalent documentation in order to evaluate the analysis and to determine whether tribes or
tribal interests may be affected. This team is available as a resource to OAR staff to help
prioritize Agency actions and/or decisions for tribal consultation and can help staff identify
potential effects on tribal interests. (Contact your tribal program contact if assistance is needed.)
Staff should document all
assessments, coordination,
and other interactions with
tribes throughout the tribal
interactions process. Some of
this documentation (i.e., a
summary of coordination and
consultation events) may be
submitted to the Office of
Management and Budget
(OMB) as part of the
rulemaking process.
17
-------
OAR Handbook for Interacting with Tribal Governments
To assess whether an action and/or decision may affect tribal interests,
please address the following questions:
¦ Does this action establish new federal standards or significant policy or
guidance?
¦ Is the planned activity designed with intent to include activities in
Indian country?
¦ Does this action and/or decision negatively affect tribal interests - or is
it close enough to potentially affect - Indian country, Alaska Native
Villages and/or Alaska Native corporations?
¦ Have any of the tribes (either nationally or through the regions] shown
interest in and/or concerns with this rule or voluntary program
development or change?
Specific to regulatory actions:
• Does the action impose a significant economic cost upon Indian tribes?
• Does the action affect tribal interests (human health, ecological, cultural,
economic, and/or social impacts]?
• Will this action affect tribal treaty resources?
o Will it affect trust lands that may be outside a reservation
boundaiy?
o Are there localized effects on resources that may be outside a
reservation boundaiy - but for which a tribe (or tribes] has treaty
rights - such as the ability to take water, hunt, fish, or gather a
resource from a certain area?
• Will this action/or decision affect the relationship (or the distribution of
power] between the federal government and Indian tribes?
o Example: Will the action affect the status of tribes as a co-
regulator or the tribe's right to self-governance?
o Are there any special legal considerations such as jurisdiction in
Indian country?
• Will this action affect how tribes develop or implement a program?
• Will this action affect Alaska Native Villages and/or Alaska Native
corporations?
Figure 3: OAR Assessment of Potential Effects on Tribes
If all
answers
are
NO
-------
OAR Handbook for Interacting with Tribal Governments
Tribal Coordination and Consultation Strategy ("Strategy")
After completing the OAR Effects on
Tribes Assessment Form, the project
lead should develop a Tribal
Coordination and Consultation Strategy
("Strategy") to provide a framework for
the coordination and consultation
process, the scope of which should be
applicable to the assessment results.
Sections III and IV discuss the general
recommendations and steps for
conducting effective coordination and
consultation and should be considered in
the development and implementation of the Strategy. This Strategy will also help in documenting
the process, particularly if the action is determined to have substantial direct effects on tribal
interests and will need to be certified as having met all of the Executive Order 13175
requirements later in the process. The OAR Tribal Air Program Contact can provide assistance
with the process. (For examples of Strategies for both regulations and voluntary partnership
programs, see A-9 and A-10 in the Appendix.)
Tribes may request consultation (and/or
coordination) on actions that we think will not affect
tribal interests. According to the EPA Policy on
Consultation and Coordination with Indian Tribes
dated May 4, 2011, "Tribal officials may request
consultation in addition to EPA's ability to determine
what requires consultation. The EPA attempts to honor
the tribal government's request with consideration of
the nature of the activity, past consultation efforts,
available resources, timing considerations, and all
other relevant factors."
The OAR Tribal Team is also available to assist you with the development of your Strategy.
Your OAR Tribal Air Program Contact should reach out to the OAR Tribal Team during the
appropriate phase of your activity as outlined in Section III. Coordination. (For a listing of OAR
Tribal Air Program Contacts andfor members of the OAR Tribal Team, see A-l and A-2,
respectively, in the Appendix.)
C. FOLLOWING THE AGENCY'S ACTION DEVELOPMENT PROCESS FOR
RULEMAKINGS
Regulatory actions are tiered as soon as a program office knows that it may need to develop
some type of action on an issue, or as early in the process as possible. For those rules that have
been designated as either Tier 1 or Tier 2 under the Agency's Action Development Process
(ADP), there is a flow diagram to assist you through the process (see A-7 in the Appendix)16 The
chart depicts the Agency's official action development process; however, we have added boxes,
designated in red, to show when tribal considerations should be incorporated into the Agency's
official process. This diagram is not intended to amend or alter the Agency's official ADP, but
rather to provide additional information to assist in the consideration of effects on, and
coordination with, tribes in the context of relevant OAR actions.
16 Additional information on Tier 1: "Administrator's Priority Actions," Tier 2: "Cross-Media and/or Actions with
Significant Issues," and Tier 3: "Lead Office Delegation" can be found at: http://intranet.epa.gov/actiondp/
19
-------
OAR Handbook for Interacting with Tribal Governments
III. COORDINATION
A. WHAT IS COORDINATION?
Coordination is an opportunity for the EPA to notify and begin interactions with tribes about
activities that may be appropriate for consultation. Coordination should begin early in the
process to allow for meaningful input by the tribe(s) on actions and/or decisions that may have
effects on tribe(s) or tribal interests. Moreover, early coordination provides tribal staff the
opportunity to assess the need for consultation with the EPA. The EPA staff should begin the
coordination process for:
¦ Rulemakings — between Preliminary Analytic Blueprint and Early Guidance for ADP
Tier 1 or 2 actions, and as the workgroup prepares its outreach and stakeholder
involvement plans (prior to management guidance for Tier 3 rules).
¦ New or updated voluntary/partnership programs-during the development phase.
Existing voluntary/partnership programs-
outreach.
at any time to help initiate or refine tribal
Coordination activities can be tailored to the specific
needs of the action and/or decision, ranging from
notification to the tribes via a listserv or electronic
mailing, to establishing a formal work group, to
participating on conference calls with tribal
organizations (i.e., National Tribal Air Association).
(The tribal contact within your program office can
help you design the appropriate scope of interaction.)
Coordination should be considered for
all actions, regardless of whether the
actions have been determined to have
effects on tribal interests and
independent of the determination that
consultation is warranted.
B. GENERAL RECOMMENDATIONS FOR COORDINATION
Identify Issues, Interests and Effects
— What are the issues?
— What are the critical time lines and events?
— Who is involved?
— Who has an interest?
— Who is potentially affected?
— What are the potential effects?
— Where are the effects occurring?
20
-------
OAR Handbook for Interacting with Tribal Governments
¦ Involve Tribes Early in the Coordination Process
— The earlier the better, preferably prior to proposal.
— Work with your tribal program contact to carefully set up work groups to ensure needed
expertise.17
— Coordination schedules should reflect critical and appropriate points for interaction.
— Allow for a full range of opinions and interactions.
¦ Plan Strategies and Mechanisms
— Consider strategies about appropriate audience, method of communication, and content.
¦ Involve the EPA Regional Offices
— Regional tribal and program offices should be actively involved in identifying and
working with tribal officials and personnel from their regions. One way to raise issues
quickly is to work with the sub-lead region for tribal air issues and schedule time on
one of the monthly Tribal Air Coordinator (TAC) calls. (Work with your OAR Tribal
Air Program Contact to coordinate.)
¦ Involve other Federal Agencies
— Where national rulemakings or voluntary programs involve other federal agencies,
OAR will strive to work collaboratively across agencies on coordination and
consultation activities. {Work with your OAR Tribal Air Program Contact to determine
where this may be appropriate.)
¦ Document the Entire Coordination Process
— Assessments.
— Participation on tribal calls or meetings.
— Interactions with tribes.
— Coordination efforts.
— Written communications to and from tribes.
— Follow-up.
17 Meetings with outside organizations may be subjected to the Federal Advisory Committee Act (FACA). Consult with
your Office of General Counsel (OGC) to determine whether FACA applies to your meeting.
21
-------
OAR Handbook for Interacting with Tribal Governments
C. PROCESS FOR CONDUCTING EFFECTIVE COORDINATION
Write a fact sheet for tribes in plain English
(For examples, see A-ll in the Appendix.)
a. Describe the action and/or decision being
considered (i.e., policy, guidance,
rulemaking, partnership, or voluntary
program).
Describe how the action and/or decision
may involve or affect tribes.
Include the project lead's contact
information.
b.
c.
Identify which tribes may be affected
a. Initiate discussions with the tribal program
contact; they can help work with the NTAA
Executive Steering Committee and
appropriate EPA regional office TACs.
b. Work with the OAR Tribal Air Program
Contact to provide an overview of the
activity on the next NTAA call.
c. Work through the OAR Tribal Air Program
Contact to set up follow-up informational
meetings or discussions with interested
tribal environmental staff.
d. Work with the OAR Tribal Air Program
Contact to identify the type of tribal
18
government and appropriate tribal
contacts.
e. Initiate discussions with the OAR Tribal
Air Program Contact to identify special
tribal considerations and protocols (e.g.,
subsistence seasons) for those tribes.
(For a listing of tribal program contacts,
see A-l through AS in the Appendix.)
Actions may have obvious or not
so obvious effects on tribes. For
example:
> Mercury and Air Toxics
Standards (MATSj Rule
¦ Compliance costs may
impact costs of water
delivery for some tribes.
¦ May impact tribal revenues
from coal mining
operations.
¦ Mercury deposition from
coal-fired EGUs may have
environmental, health and
economic impacts (i.e.,
elevated mercury levels in
subsistence fish).
> Tribal Minor New Source Review
(NSR) Rule
¦ May level economic playing
field, by filling regulatory
gaps.
¦ May protect tribal
sovereignty from state
incursion by clarifying
jurisdiction in air
permitting.
¦ May provide equal
opportunity for economic
development and controlled
growth for new sources in
Indian country.
¦ Notify tribal environmental professionals
a. Work with the OAR Tribal Air Program Contact, Tribal Air Coordinators (TACs),
and NTAA to identify where tribe(s) is/are located to develop a coordination/
communication strategy.
b. Notify all affected tribal governments at an early stage by disseminating information
to tribal officials and TEPs on action and/or decision development. In addition to
sending out the fact sheet described above, a message can also be sent out on the
Tribal Air Listserv or Tribal Air Website with the EPA project lead's contact
18 Some tribes operate under long standing traditional systems; others operate much like the federal and state systems.
Some are made up of elected officials; others are made up of leaders chosen by a clan group or other traditional group of
people in the community.
22
-------
OAR Handbook for Interacting with Tribal Governments
information; participate in the NTAA/EPA monthly calls; work with the EPA
regional office tribal air contacts (TACs and other regional staff); and send
information to the National and Regional Tribal Operations Committee (NTOC and
RTOC) contacts. There may be other important tribal organizations that can help in
getting the word out to the tribes depending on the issue. For example, the Consortia
of Energy Tribes (CERT) would be important to include on oil and gas development
issues. (For a listing of relevant tribal and EPA organizations, see A-18 in the
Appendix.)
¦ Potential activities for conducting coordination
a. Distribution of fact sheet and other written information on proposed action(s) to tribal
community.
b. Participation on tribal community organization calls (i.e., NTAA, RTOC, etc.).
c. Webinars.
d. Technical meetings.
e. Informational calls.
f. EPA Tribal Air Newsletter.
g. EPA Tribal Air Website (http://www.epa.gov/air/tribal).
h. EPA Tribal Air Listservs.
IV. CONSULTATION
The EPA ensures the close involvement of tribal governments
and gives special consideration to their interests whenever the
EPA's actions and/or decisions may affect tribes or tribal
interests. Consultation is a deliberative process that endeavors
to achieve effective collaboration and knowledgeable decision-
making. Consultation does not begin or end with the EPA
simply providing information to tribes, but is built upon a
government-to-government exchange of information and ideas.
For OAR's purpose, consultation is meaningful communication
that may involve meetings or discussions with elected or duly
appointed tribal leaders or their authorized representatives to
interact with EPA decision-makers about a potential action
and/or decision, potential effects on tribes, and options to take
such effects into account. Consultation should occur early
enough to allow tribes the opportunity to provide meaningful
input that can be considered prior to EPA decision-making.
A. WHEN IS CONSULTATION REQUIRED?
Consultation is required for any policy, guidance, rule or
other action and/or decision that is:
1) Targeted directly toward tribes;
2) Has effects on tribes or Indian country; or
3) Has broad tribal interests.
Interactions between the
EPA decision-makers and
tribal leaders may be a
lengthy process.
For example, tribal
environmental professionals
[TEPs] may need time to
review and bring issues
before their tribal leadership
and there may be delays due
to potential staffing
constraints, and resources or
cultural considerations.
It is important when
scheduling activities (i.e.,
conference calls, webinars,
informational meetings, etc.)
to provide tribes ample lead
time for their "internal"
communication/notification
process.
23
-------
OAR Handbook for Interacting with Tribal Governments
Remember that consultation is with an elected tribal official or their designee and a senior
agency decision-maker (division director or higher ranking manager). The EPA's actions and/or
decisions affect tribal interests when they meet, at least, one of the following criteria:
1) They impose substantial direct effects on one or more Indian tribes;
2) Affect the relationship between the federal government and Indian tribes; and
3) Affect the distribution of power and responsibilities between the federal government
and Indian tribes.
Additionally, the EPA's actions and/or decisions may have an effect on tribal natural resources,
including the culture on the reservations, on trust lands or other lands and effects on treaty rights
applicable to lands outside reservation boundaries. It is important to recognize that tribes have
many interests including human health, ecological, cultural, economic, and/or social impacts
when considering whether an EPA action and/or decision may affect tribal interests.
Consultation on voluntary/partnership prosrams may be necessary if there are potential
effects on tribes. For additional guidance on these programs, you should consult with your OAR
Tribal Air Program Contact.
B. STEPS TO EFFECTIVE CONSULTATION
As discussed earlier, coordination involves working with TEPs to assess whether consultation
will be useful in advance of any action and/or decision for which OAR thinks tribes may have an
interest. If the results of OAR's assessment of effects on tribes, and/or interactions with TEPs
during coordination, determine that the action and/or decision may affect tribes or tribal interests,
the OAR program office should initiate consultation.19 Consultation also may be initiated upon
the request of one or more tribes.
Consultation is initiated by sending a letter from an EPA decision-maker (division level or higher
ranking manager) to tribal leaders of potentially affected federally recognized tribes, providing
an overview of the action and/or decision, and offering an opportunity for consultation on a
specific rule. action and/or decision.
During the consultation meeting, it is important to document all information which may include:
¦ A list of the participating tribe(s) and
elected tribal leader(s) or their
authorized representative,
¦ Underlying agency action which is
the subject of the consultation, and
¦ The views and concerns expressed
by the tribe(s).
It is important to promote a full and frank exchange
of views during government-to-government
consultation with tribes. These interactions may
include discussions relating to issues of unique
sensitivity to tribes such as cultural practices, uses
of environmental resources, and locations of
cultural resources. There may also be sensitivity
regarding tribal relationships with surrounding
states and jurisdictional issues.
19
If the OAR Assistant Administrator (AA) has worked with the TCA to determine whether or not tribal interests may
be affected, then the decision as to whether or not to consult rests with the AA.
24
-------
OAR Handbook for Interacting with Tribal Governments
Documenting meeting notes ensures that participants can later review and correct any
inaccuracies, and also provides the Agency with a solid consultation record. In addition, this
documentation will assist the project lead with the discussion section of their rule preamble or
document in the background/summary: the coordination and consultation activities, tribal
concerns, and how these concerns were addressed.
After finalizing the action and/or decision and if consultation was conducted, the project lead
should develop a response letter to the tribal leadership involved. The EPA response letter should
explain how the tribe(s) input was considered in the final action and how their comments and/or
concerns were addressed. (For an example of a response letter, see A-16 in the Appendix.)
The Steps to Consultation:
1. Plan and document consultation activities:
a. Document all consultation activities (i.e., conference calls, on-site meetings, written
communications to and from tribes, and any other pertinent information).
2. Determine if the action and/or decision may affect tribes:
a. Under the Agency's Policy, actions and/or decisions may have effects on: tribal
natural resources, culture on the reservations, trust lands or other lands, and treaty
rights applicable to lands outside reservation boundaries. It is important to recognize
that tribes have many interests including human health, ecological, cultural,
economic, and/or social impacts.
b. Executive Order 13175 is triggered and certification is required when an action and/or
decision has implications that: "impose substantial direct effects on one or more
Indian tribes, or affects the relationship between the federal government and Indian
tribes, or affects the distribution of power and responsibilities between the federal
20
government and Indian tribes." (For additional information, see IV.C.
Consultation.)
c. OAR Program and EPA regional offices should work together in the development of
consultation strategies in situations where consultations on national activities are
21
carried out or executed by the regions. (See your OAR Tribal Air Program Contact
for assistance.)
d. When OAR national rulemakings involve other federal agencies, OAR strives to carry
out its consultation activities jointly with those agencies, where appropriate. (See your
OAR Tribal Air Program Contact for assistance.)
211 http://www.epa.gov/tp/pdf/eo-13175.pdf: "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 one or
more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
21 Generally, when an action originates in a region, the region will be responsible for leading and executing all aspects of
consultation. In some circumstances, program offices and regions may want to co-lead a consultation effort, or by mutual
agreement they may determine that it is more effective for the program office to lead a consultation effort even though
the action originates in a region.
25
-------
OAR Handbook for Interacting with Tribal Governments
3. Initiate consultation:
a. If it is determined that the action and/or decision may affect tribes or tribal interests
then the project lead should take the following actions to initiate consultation.
1. Prepare consultation letters addressed to tribal leadership of the potentially
affected federally recognized tribes
with the opportunity for
consultation. The letter should
include an overview of the specific
rule, action and/or decision, and the
date by which tribes may notify the
EPA of their consultation request.
(For examples, see A-12 in the Appendix.)
b. Once the project lead has
The tribal response date should be at
least 4 weeks from the date of the
signed "invitation to consult" letter.
This provides tribal leadership with the
time to review and decide their
action/response on a particular issue.
An Example of the OAQPS Process for Initiating
Consultation Letters
1. The project lead should submit the "final" letter, in
electronic format to the OAQPS Tribal
Consultation Coordinator for handling. (For contact
information, seeA-3 in the Appendix.)
C.
drafted the consultation letter,
an electronic copy of the
"draft" letter should be
submitted to the applicable
OAR program office tribal
contact for review. After
internal review, the OAR
program office tribal contact
will return the draft letter to the
project lead with comments
and recommendations. The
"final" letter should be signed
by an EPA official (division
director level or higher ranking
manager).
Send official offer for
consultation to tribes. For all
OAR program offices, the
OAQPS Tribal Consultation
Coordinator is available (if
needed) to assist with the setup
of mail merge files for consultation letters. (For contact information, see A-3 in the
Appendix.)
a)
b)
c)
d)
Prepare the letter in a "Word" document to
ensure mail merge functionality. The letter
should not be submitted on letterhead or in a
PDF file.
Send a scanned copy (PDF file) of the EPA
official's signature (division director or higher
ranking manager) for electronic insertion into
the letter; otherwise each letter will need to be
manually signed.
The OAQPS Tribal Consultation Coordinator
will return "hard copy" letters or a "print-
ready" file to the "originating" office for final
printing and/or mail out.
The OAQPS Tribal Consultation Coordinator
will also provide a courtesy copy (via email)
to the TEPs.
26
-------
OAR Handbook for Interacting with Tribal Governments
Conduct informational meetings with the TEPs:
a. After the consultation letter has been sent and before the tribal response date provided
in the consultation letter, the project lead, with assistance from their OAR Tribal Air
Program Contact will continue with the information sharing process by coordinating
one or more informational meetings with tribal leaders and/or their environmental
staff.
1. Please note -it is important to recognize that many tribal environmental
professionals (TEPs) are precluded from participating in any meeting termed
consultation which does not include their tribal leadership.
2. The purpose of these informational meetings is to provide a general overview
of the proposed action and/or decision so that the TEPs may assist their tribal
leadership in determining whether to participate in consultation.
b. At least one week prior to the scheduled informational meeting, the project lead
should provide their OAR Tribal Air Program Contact with a copy of the PowerPoint
presentation on the proposed action and/or decision.
1. The OAR Tribal Air Program Contact will review this presentation and provide
comments as necessary. Either the project lead or their tribal program contact
will distribute the final presentation to the participating tribes, at a minimum
of two (lays. prior to the scheduled meeting.
c. Document all meetings and note who attended, what topics were discussed, and any
other relevant information, and include all written materials and presentations.
Conduct consultation with tribal leadership or their designee:
a. If a tribe expresses interest in consultation, then the project lead and their OAR Tribal
Air Program Contact should coordinate consultation meetings with tribal and EPA
leadership. These meetings might be held either by teleconference or in person. The
meeting might be with an individual tribe or a joint meeting of several tribes, if they
agree.
b. The meeting should be attended by a senior agency official (generally the division
director or higher ranking manager).
c. When OAR national rulemakings involve other federal agencies, OAR strives to carry
out its consultation activities jointly with those agencies, where appropriate. (See your
OAR Tribal Air Program Contact for assistance.)
d. OAR program and EPA regional offices should actively work together in the
development of consultation strategies in situations where consultations on national
activities are carried out or executed by the regions. (See your OAR Tribal Air
Program Contact for assistance.)
27
-------
OAR Handbook for Interacting with Tribal Governments
e. When consultation is
scheduled, the project lead
should provide appropriate
information to their OAR
Tribal Air Program
Contact and Tribal
Consultation Advisor
(TCA) for submission into
the Tribal Consultation
Tracking System
(TCOTS). (For a listing of
OAR TCAs, see A-6 in the
Appendix.)
f. Document all meetings
and note who attended,
and what topics were
discussed and any other relevant information.
TCOTS is the EPA's centralized database for tracking
consultations with federally recognized tribal
governments.
1. The data collected are used to support
internal and external reporting, and to disseminate
specific information pulled from the system for external
public viewing via the EPA's Tribal Portal.
(http://tcots.epa.gov/oita/TConsultation.nsf/TC70pen
View)
2. The tribal community is able to view notifications of
upcoming rulemakings or actions and/or decisions
requiring tribal consultation and any supporting
documentation that may be available (i.e., consultation
letters, presentations, webinars, etc.).
6. Complete additional documentation if the rule is covered by the Executive Order
13175:22
a. Write a summary of all tribal coordination efforts, including who attended, topics of
discussion, any other pertinent information, and submit this to the rule docket.
Write a tribal impact summary statement which includes information and comments
submitted by the tribes, and
Draft a certification request memorandum from the OAR Assistant Administrator to
the OITA Assistant Administrator. (See Section IV. Consultation, for instructions on
developing this memorandum and on the timing and submittal process.)
1. After receipt, review and approval, OITA will send a memo back to OAR
indicating that all consultation requirements have been met.
2. Submit the OITA certification memo with the tribal impact summary statement
to the Office of Management and Budget (OMB) with the rule package.
b.
c.
7. Complete other documentation requirements, as needed:
a. Briefly discuss in the relevant section of the rule preamble or document in
background/summary: the coordination and consultation activities, tribal concerns,
and how these concerns were addressed.
b. Ensure that all information is submitted to the docket for proper recordkeeping.
22 Executive Order 13175 of November 6, 2000, Consultation and Coordination with Indian Tribal Governments.
http://www.epa.gov/tp/pdf/eo-13175.pdf. "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 one or
more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
28
-------
OAR Handbook for Interacting with Tribal Governments
8. Follow-up with the tribe(s):
a. After finalizing the rule and if consultation was conducted, the project lead should
develop a response letter to the tribal leadership involved.
1. The EPA response letter should explain how the tribe(s) input was considered
in the final action and how each of their comments and/or concerns was
addressed. (For an example letter, see A-16 in the Appendix.)
2. The letter should be signed by the highest level EPA official involved and sent
to the most senior tribal official involved in the consultation.
Note: If consultation is not conducted, the OAR program office is not required to follow
the procedures pertaining to response letters as described in the Agency's Policy.
C. EXECUTIVE ORDER 13175 CERTIFICATION (IF APPLICABLE)
If an action and/or decision is determined to have substantial direct effects on one or more
23
Indian tribes as defined under Executive Order 13175 then, the Executive Order directs the
Agency "to include a certification... that the requirements of this order have been met in a
meaningful and timely manner " when "transmitting any draft final regulation that has tribal
implication to OMB... "
If certification is required, OAR submits a memorandum to the Office of International and Tribal
Affairs (OITA) requesting concurrence on consultation activities (for an example, see A-13 in the
Appendix). This memorandum should be submitted to the OITA at least 10 days prior to the
action being sent to OMB. In return, the OITA will provide a certification memorandum stating
that the action complies with the Executive Order requirements (for an example, see A-14 in the
Appendix). This certification memorandum from OITA should be submitted to OMB with the
final action.
Preparing a Certification Request Memorandum to OITA
The project lead should coordinate with their OAR Tribal Air Program Contact regarding the
drafting of the certification request memorandum. The certification request is from the Assistant
Administrator of the Office of Air and Radiation (OAR) to the Assistant Administrator of the
Office of International and Tribal Affairs (OITA). The certification request memorandum should
contain, at a minimum, the following:
1. A description of the extent of the coordination and consultation activities;
2. A summary of tribal officials' concerns;
3. The EPA's position regarding the action;
4. A statement of the extent to which the tribal official's concerns have been met; and
5. Any supplemental materials to assist OITA in certifying to OMB.
23 http://www.wliitehouse.gov/sites/default/files/omb/memoranda/2010/ml0-33.pdf: Under Executive Order 13175,
"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 one or more Indian tribes, on the relationship between
the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal
Government and Indian tribes. "
29
-------
OAR Handbook for Interacting with Tribal Governments
To simplify the process, it is suggested that the language from the rule preamble be used to
describe the coordination and consultation activities. To assist in developing this certification
request memorandum, as well as the language to be used in the preamble, examples from actual
projects have been included in the Appendix (see A-15).
V. REPORTING REQUIREMENTS
Each OAR program office must develop a semi-annual agenda and submit the agenda or an update
to AIEO (through TCOTs) by October 1st and April 1st of each year. The semi-annual agenda
consists of a list of pre-identified activities that each program office plans to consult upon within a
specified six month period. Program offices are also responsible for submitting brief summaries of
completed consultations to AIEO no later than June 1st of each year. It is recommended that the
summaries be completed as soon as practicable once consultation is complete. This information is
compiled and submitted to the OAR Program Manager, through TCOTS, by the Tribal Consultation
Advisor (TCA) within your program office. (See Appendix A-6, for OAR Tribal Consultation
Advisors.)
Executive Order 13175 directs federal agencies to submit to OMB annually, certification from the
official designated to ensure compliance with this order, that all relevant requirements of the
Executive Order have been met.2 As such, using the information provided in TCOTs, the Agency's
Designated Consultation Official (AA in OITA) will submit the Agency's annual consultation
progress report to OMB by August 1st of each year as required by a Presidential Memorandum dated
November 5, 2009.25
VI. CONCLUSION
The Office of Air and Radiation takes very seriously its responsibility to strengthen the government-
to-government dialogue with tribes regarding proposed actions and/or decisions in a manner
intended to secure meaningful and timely tribal input. To that end, OAR will continue to actively
solicit feedback from tribes on the effectiveness of our coordination/outreach and consultation
activities, both directly from tribes during coordination activities, government-to-government
consultations and through our tribal partnership groups.
OAR will periodically update the OAR Handbook on Interacting with Tribal Governments when
new information is obtained or when EPA regulations, directives, policies, and guidance pertaining
to tribal consultation change.
24 http://www.wliitehouse.gov/sites/default/files/omb/memoranda/2010/ml0-33.pdf
25 http://www.wliitehouse.gov/the-press-office/memorandum-tribal-consultation-signed-president
30
-------
OAR Handbook for Interacting with Tribal Governments
VII. APPENDIX
1. OAR Tribal Air Program Contacts
2. OAR Tribal Team
3. OAQPS Tribal Program Contacts
4. OAP Tribal Program Contacts
5. ORIA Tribal Program Contacts
6. OAR Tribal Consultation Advisors
7. Incorporating Tribal Considerations into Tier 1 and 2 Actions under the ADP
8. OAR Effects on Tribes Assessment Form
9. Tribal Coordination and Consultation Strategy- Rulemakings
10. Tribal Coordination and Consultation Strategy - Voluntary Programs
11. Fact Sheets for Tribes (Examples)
12. Tribal Consultation Letter (Examples)
13. Certification Memo from OAR to OITA (Example)
14. Memo Certifying Consultation from OITA to OAR (Example)
15. Rulemaking Preamble Language (Examples)
16. EPA Response Letter to Tribes (Example)
17. Key Terms and Concepts
18. Relevant Tribal and EPA Organizations
31
-------
OAR Handbook for Interacting with Tribal Governments
A-l. OAR TRIBAL AIR PROGRAM CONTACTS
Office of Air and
Radiation (OAR)
Pat Childers
202-564-1082
childers.pat@epa.gov
Office of Air Quality
Planning and Standards
OAQPS)
I
Laura McKelvey
919-541-5497
mckelvey. laura@epa. gov
Erika Wilson
202-343-9113
wilson.erika@epa.gov
Office of Transportation
and Air Quality (OTAQ)
Rosalva Tapia
202-343-9534
tapia.rosalva@epa.gov
Office of Radiation and
Indoor Air (ORIA)
Jed Harrison
702-784-8218
harrison.jed@epa.gov
Region 1
Eugene Benoit
617-918-1639
benoit.eugene@epa.gov
Region 2
Gavin Lau
212-637-3717
lau.gavin@epa.gov
Region 4
Ana Oquendo
404-562-9781
oquendo. ana@epa. gov
Region 5
Benjamin Giwojna (Lead MN)
312-886-0247
giwojna@benj amin@epa.gov
Monika Lacka (WI)
312-353-6556
lacka. monika@epa. gov
Region 6
Aunjanee Gautreaux
214-665-7127
gautreaux. anunj anee@epa.gov
Carrie Paige
214-665-6521
paige.carrie@epa.gov
Mary Stanton
214-665-8377
stanton.mary@epa.gov
Region 7
Kim Olson
913-551-7458
olson.kim@epa.gov
Region 8
Matthew Langenfeld
303-312-6284
langenfeld.matthew@epa.gov
Region 9
Maeve Foley
415-947-4105
foley.maeve@epa.gov
Sara Bartholomew
415-947-4100
bartholomew.sara@epa.gov
Region 10
Nancy Helm
206-553-6908
helm. nancy@epa. gov
32
-------
OAR Handbook for Interacting with Tribal Governments
A-2. OAR TRIBAL TEAM
Office of Air and Radiation (OAR)
Pat Childers, OAR Tribal Program Manager
202-564-1082
childers.pat@epa.gov
Office of Air Quality Planning and Standards (OAQPS)
Laura McKelvey
919-541-5497
mckelvey. laura@epa. gov
Office of Atmospheric Programs (OAP)
Erika Wilson
202-343-9113
wilson.erika@epa.gov
Office of Transportation and Air Quality (OTAQ)
Rosalva Tapia
202-343-9534
tapia.rosalva@epa.gov
Office of Radiation and Indoor Air (ORIA)
Jed Harrison
702-784-8218
harrison.jed@epa.gov
33
-------
OAR Handbook for Interacting with Tribal Governments
A-3. OAQPS TRIBAL PROGRAM CONTACTS
OFFICE OF AIR QUALITY PLANNING AND STANDARDS (OAQPS)
Overall Tribal Representative
Laura McKelvey
919-541-5497
mckelvey.laura@epa.gov
Tribal Consultation Advisor (TCA)
Toni Colon
919-541-0069
colon.toni@epa.gov
OAQPS TRIBAL TEAM
Air Quality Assessment Division (AQAD)
Mike Papp
919-541-2408
papp.michael@epa.gov
Air Quality Policy Division (AQPD)
Pam Long
919-541-0641
long.pam@epa.gov
Health and Environmental Impacts Division (HEID)
Vicki Sandiford
919-541-2629
sandiford.vicki@epa.gov
Sector Policies and Programs Division (SPPD)
Matthew Witosky
919-541-2865
witosky.matthew@epa.gov
Outreach and Information Division (OID)
Toni Colon
(OAQPS Tribal Coordination
and Consultation)
919-541-0069
colon.toni@epa.gov
Regina Chappell
(OAR Tribal Air Newsletter,
OID Regulatory Liaison)
919-541-3650
chappell.regina@epa.gov
Mark Sendzik
(Develops guidance on air quality
issues of importance to tribes)
919-541-5534
sendzik.mark@epa.gov
Adam Baumgart-Getz
(Provides analytical and geospatial support for
tribal activities)
919-541-0386
baumgart-getz. adam@epa. gov
Jan King
(OAQPS Tribal Air Strategy)
919-541-5665
king.jan@epa.gov
Tami Laplante
(OAR Tribal Web Contacts and OTS Contact)
919-541-1915
laplante.tami@epa.gov
34
-------
OAR Handbook for Interacting with Tribal Governments
A-4. OAP TRIBAL PROGRAM CONTACTS
Office of Atmospheric Programs (OAP)
Erika Wilson, OAP Tribal Program Contact
202-343-9113
wilson.erika@epa.gov
Clean Air Markets Division (CAMD)
Erika Wilson
202-343-9113
wilson.erika@epa.gov
Climate Change Division (CCD)
Lesley Jantarasami
202-343-9929
jantarasami.lesley@epa.gov
Climate Protection Partnership Division fCPPD
Julie Rosenberg
202-343-9154
rosenberg.julie@epa.gov
Stratospheric Protection Division fSPD
Melissa Fiffer
202-343-9464
fiffer.melissa@epa.gov
35
-------
A-5. ORIA TRIBAL PROGRAM CONTACTS
ORIA Tribal Team Members (January 2013)
ORIA Director
Mike Flynn
ORIA Sr Tribal Advisor
Jed Harrison
Indoor Environments Division
Lou Witt
Radiation Protection Division
Andrea Cherepy
TAMS Center / National Center for Radiation Field
Operations (NCRFO)
Farshid Farsi
National Analytical Radiation Environmental
Laboratory (NAREL)
Larry Lee
Region 5
Fayette Bright
Region 10
Erin Mader
Lead Region (R3)
Carol Febbo
Michelle Moyer
ORIA Tribal Contacts (January 2013)
ORIA Director's Office
Jed Harrison
702-784-8218
Indoor Environments Division
Lou Witt
202-343-9051
Chris Griffin
202-343-9421
Laureen Burton
202-343-9032
Radiation Protection Division
Andrea Cherepy
202-343-9317
TAMS Center
Farshid Farsi
702-784-8263
Chris Lee
702-784-8278
National Analytical Radiation
Environmental Laboratory
Larry Lee
334-270-3451
Region 1
Eugene Benoit
617-918-1639
Region 2
Ameesha Mehta-Sampath
212-637-3719
Region 4
Ana Oquendo
404-562-9781
Stuart Perry
404-562-8980
Todd Rinck
404-562-9062
Region 5
Fayette Bright
312-886-6069
Region 6
George Brozowski
214-665-8541
Region 7
Gina Grier
913-551-7078
Region 8
Ron Schiller
303-312-6017
Region 9
Barbara Spark
415-947-4189
Mike Bandrowski
415-947-4194
Region 10
Davis Zhen
206-553-7660
Erin Mader
206-553-1254
-------
OAR Handbook for Interacting with Tribal Governments
A-6. OAR TRIBAL CONSULTATION ADVISORS FOR
TRIBAL CONSULTATION TRACKING SYSTEM (TCOTS)
Office of Air and Radiation (OAR)
Pat Childers
202-564-1082
childers.pat@epa.gov
Office of Air Quality Planning and Standards (OAQPS)
Laura McKelvey
919-541-5497
mckelvey.laura@epa.gov
Toni Colon
919-541-0069
colon.toni@epa.gov
Office of Transportation and Air Quality (OTAQ)
Rosalva Tapia
202-343-9534
tapia.rosalva@epa.gov
37
-------
OAR Handbook for Interacting with Tribal Governments
A-7. INCORPORATING TRIBAL CONSIDERATIONS INTO TIER 1 AND TIER 2 ACTIONS UNDER THE ADP
Incorporating Tribal Considerations into Tier 1 and 2 Actions underthe ADP
7. Workgroup undertakesanalyses and
consultation required by other statutes and
EO's, (eg ..effects on sM govts; small
businesses, children's heath issues; etc.)
Wo rk group d evelops reg ulatory o ptions.
jj
7A. Early input from tribal enviro.
professionals., prepare data on results of
con suttations^iublic i nvol vementanddataon
tribal effects and options, indudingoptionsto
mitigate adverse effects, as appropriate.
7B. AlEOflnlal Coordinators
consultation.
Boxes Outlined in Red Show When Tiib.il Considerations Should Be Incoipoiated Into Piocess
38
-------
OAR Handbook for Interacting with Tribal Governments
A-8. OAR EFFECTS ON TRIBES ASSESSMENT FORM
OAR EFFECTS ON TRIBES ASSESSMENT FORM
(For OAR Actions and/or Decisions)
~ OAP ~ OAQPS ~ ORIA ~ OTAQ
Name of Action and/or Decision:
Project Lead Name & Number:
Division & Group:
Tribal Contact:
Action and/or Decision Stage (e.g., design, data gathering, pre-proposal, proposal, final, other)
Estimated date of next major action and/or decision (e.g., proposal or final)
Type of Action and/or Decision: ~ Regulation ~ Policy ~ Guidance ~ Voluntary Program ~ Other
Scope of Action: ~ National ~ Regional ~ Pilot(s)
~ Sources (number and location)
~ Pollutants addressed
To assess whether an action and/or decision may affect tribal interests, please address the following questions. (If the answer is
YES and more space is needed please explain on an attached sheet.)
~ Does this action and/or decision establish new federal standards or significant policy or guidance?
~ Is the planned activity designed with intent to include activities in Indian country? (e.g., training or
grants)
~ Does this action and/or decision negatively affect tribal interests - or is it close enough to potentially affect
Indian country, Alaska Native Villages and/or Alaska Native Corporations?
~ Have any of the tribes (either nationally or through the regions) shown interest in and/or concerns with this
rule or voluntary program development or change?
Specific to regulatory actions:
~ Does the action and/or decision impose an economic cost upon Indian tribes?
~ Does the action affect tribal interests (human health, ecological, cultural, economic, and/or social impacts)?
~ Will this action and/or decision affect tribal treaty resources?
o Will it affect trust lands that may be outside a reservation boundary?
o Are there localized effects on resources that may be outside a reservation boundary — but for which a
tribe (or tribes) has treaty rights -- such as the ability to take water, hunt, fish, or gather a resource
from a certain area?
~ Will this action and/or decision affect the relationship (or the distribution of power) between the federal
government and Indian tribes?
o Example: Will the action and/or decision affect the status of tribes as a co-regulator or the tribe's
right to self-governance?
o Are there any special legal considerations such as jurisdiction in Indian country?
// at least one answer is YES. consultation with the potentially affected tribal officials may be warranted along with coordination.
If ALL answers are NO. consultation may not be called for; however, coordination is recommended.
Refer to the OAR Handbook for Interacting with Tribal Governments for more information.
Please submit completed form to the tribal contact within your program office.
39
-------
OAR Handbook for Interacting with Tribal Governments
A-9. TRIBAL COORDINATION AND CONSULTATION STRATEGY: RULEMAKINGS
1) Early in Action Development Process (ADP)
a. Contact sub-lead EPA region and give brief overview of action on monthly Tribal Air
Coordinator (TAC) call.
b. Meet with tribal environmental professionals (TEPs) on monthly National Tribal Air
Association (NTAA)/EPA calls, Regional Tribal Operations Committee (RTOC) or other
tribal forum(s) to present key concepts of the action and/or decision and get input on tribal
effects.
1. Work with your tribal program contact(s) to identify appropriate forums.
2. Your tribal program contact can help you communicate with the tribes and the EPA
regional tribal contacts (TACs and other regional staff) as well as develop
communication materials that are tribal friendly.
2) Prior to Proposal of Action
a. Meet with tribal personnel to present the key concepts in the action. (Note: generally this is
done with TEP staff, but if there are relevant tribal effects or interest, an opportunity for
consultation with elected tribal officials or their authorized representatives should take
place.)
1. If consultation is called for, send letters to tribal leaders and key consortia to provide
an opportunity for consultation.
2. Respond to tribal leaders' request(s) as appropriate.
3) After Proposal of Action
a. Conduct ongoing outreach to explain the content of the proposal and to encourage input from
the tribes on TAC, NTAA calls, RTOC meetings, and other forums. Additional consultation
with tribal leaders or their authorized representatives should be conducted as appropriated.
b. Mechanisms for highlighting the proposal:
1. Tribal Air Newsletter
2. Tribal Air Website at http://www.epa.gov/air/tribal/
3. Tribal Listserv
4) After Final Action
a. Conduct coordination to explain the content of the final rule.
b. Mechanisms for highlighting the final decision and identifying next steps:
1. Tribal Air Newsletter
2. Tribal Air Website at http://www.epa.gov/air/tribal/
3. Tribal Listserv
c. Follow-up with tribes.
40
-------
OAR Handbook for Interacting with Tribal Governments
-10. TRIBAL COORDINATION AND CONSULTATION STRATEGY: VOLUNTARY PROGRAMS
OAR'S Tribal Strategy for the Office of Indoor Air and Radiation
Purpose of Tribal Strategy
Improve effectiveness of ORIA's mission in Indian country through 3 strategic goals:
* Optimize ORIA's radiation and indoor air programs' limited resources more efficiently and
effect ively.
* Increase collaboration across EPA regional offices and Headquarters.
* Increase responsiveness to tribes.
Purpose of Collaboration Strategy
Primary purpose: To address goal 3 above, to seek tribal input on priorities, needs, concerns, and
to get recommendations.
Secondary purpose(s): Make tribes aware of OAR's Tribal Strategy for the Office of Indoor Air and
Radiation's efforts and processes.
Manage expectations (no new resources anticipated; only ORIA mission),
(process used to develop the Strategy and seek tribal comment).
Demonstrate greater tribal emphasis by ORIA.
Initiate /cultivate relationships with tribes.
Formal Consultation?
Formal consultation is not envisioned. This is a voluntary effort and can evolve to formal consultation if
requested or indicated. We also believe that this effort will be most successful if we can work at the
Tribal Environmental Professional" level rather than with tribal leadership. The tribal environmental
professionals are dealing with indoor air and radiation concerns directly, and should be the best source
of relevant and constructive input on how ORIA can design its program to be most effective.
Collaboration Approach
The approach is based on a successful strategy used by QAQPS for their tribal plan. The overall approach
is to wort: with a subset of tribal professionals to develop a draft or "straw" proposal, OAR Tribal
Strategy for the Office of Indoor Air and Radiation, and then seek broad (national) input from all
interested tribes on the straw proposal. The Indoor Air and Radiation approach varies slightly initially.
For Indoor Air, the plan is to identify a small group (5-8) of tribal professionals with a solid background in
operating a Tribal lAQprogram. Their input will be used to develop the straw proposal. Ideally, we will
have a 2-3 day face to face meeting with the tribal professionals and key EPA staff (including managers).
We'll try to take advantage of other tribal meetings to leverage travel resources. To develop the
Collaboration Plan/OAR's Tribal Strategy for Indoor Air and Radiation
1
-------
OAR Handbook for Interacting with Tribal Governments
A-10. TRIBAL COORDINATION AND CONSULTATION STRATEGY: VOLUNTARY PROGRAMS
(continued)
radiation content of the straw, we'll identify individual tribes that are dealing with unique issues (legacy
uranium contamination, proximity to a Nuclear Power Plant, potential impa ct from future/planned
mining or extraction activities, impact from a uranium processing facility). Rad listening sessions will be
by phone. This initial tribal input will be summarized and included in the straw proposal. The plan is to
develop a set of Tribal IAO and radiation priorities and recommendations to include in the straw
proposal (OAQPS example). We plan to seek broad tribal comment on the straw proposal through
various means (see Process), revise and finalize the OAR Tribal Strategy for the Office of Indoor Air and
Radiation based upon tribal input (as well as EPA input), then move to outreach and implementation of
the final plan.
Collaboration Process & Timeline
Planned Date
Activity
Mechanism
Status/Notes
Aug 2011(ongoing)
Announce ORIA
intentions and process
to develop the Tribal
Strategy
MTAA Call, NTAA email
distribution, TAC call,
ORIA Regional call,
TAMS Steering
Committee, ITEP
Feb 2013
Identify and Invite
participants for IAQ and
Radiation "straw
development" listening
sessions
Feb-Mar 2013
Develop standard
questions for the
listening sessions
Mar 2013
Develop agenda and
background piece on
the tribal strategy for
the listening sessions
Mar-Apr 2013
Conduct initial listening
sessions (for Straw")
IAO - Face to Face in Las
Vegas with TAMS
meeting. Rad calls
Face to Face cancelled.
2 phone conferences.
May 2013
Complete straw ORIA
Tribal Strategy proposal
May 2013
Develop /complete
presentation for NTF
May 2013
NTF sessions: announce
straw proposal, hold
info & listening session
Training Session, Eco-
Cafe
May 2013
Announce availability of
the straw and interest
in comments
MTAA, TAMS SC, OAQPS
and ORIA tribal
WebPages
Juin 2013
Schedule, announce
webinar listening
sessions.
OAQPS email
distribution, NTAA Call,
MTAA email
Delayed until late
Aug/ Early Nov
Collaboration Plan / OAR's Tribal Strategy for Indoor Air and Radiation 2
42
-------
OAR Handbook for Interacting with Tribal Governments
A-10. TRIBAL COORDINATION AND CONSULTATION STRATEGY: VOLUNTARY PROGRAMS
(continued)
distribution, TAC cail,
ORIA regional call,
TAMS steering
committee, OAQPS and
ORIA tribal web pages
Jul-Aug 2013
Hold 2 informational
webinars/ listening
Sessions
Held in August and
September 2013
#1 = 55 Registered/4S
attended
#2 = 36
Registered/28attended
Sep 2013
Finalize plan
Delayed to coincide
with ORIA Natl. Meeting
in Nov 2013
Oct 2013
Conduct outreach on
plan
OAQPS email
distribution, NTAA Call,
MTAAemaii
distribution, TAC call,
ORIA regional call,
TAMS Steering
Committee, OAQPS and
ORIA tribal web pages
Nov-ongoing
Oct 2013(ongoing)
Implement plan
Nov-ongoing
CollaborationPlan/QAR'sTribalStrategyforlndoorAirand Radiation 3
43
-------
OAR Handbook for Interacting with Tribal Governments
A-11. FACT SHEETS FOR TRIBES (Example)
1. Final Mandatory Reporting of Greenhouse Gases Rule
http://www.epa.gov/ghgreporting/documents/pdf/infosheets/tribalguide.pdf
2. Hospital/Medical/Infectious Waste Incinerators: Proposed Amendments to the Federal Plan
to Implement Standards of Performance for Existing Facilities and Proposed Amendments to the
New Source Performance Standards
http://www.epa.gov/ttn/oarpg/t3/fact_sheets/himwi_prop_fs_032812.pdf
3. Proposal: Amendments to Delegation of Authority Provisions in the Prevention of Significant
Deterioration (PSD) Program
http://www.epa.gov/air/tribal/pdfs/part52factsheet.pdf
44
-------
OAR Handbook for Interacting with Tribal Governments
A-12. TRIBAL CONSULTATION LETTER (Example 1)
\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Ul
OFFICE OF
AIR QUALITY PLANNING
AND STANDARDS
May 31, 2013
Dear Tribal Leader:
Oil May 23, 2013, the U.S. Environmental Protection Agency proposed amendments to the Tribal
Minor New Source Review (NSR) rule, Tlie purpose of this letter is to invite you to consult, should
you believe that your tribe could be affected by these amendments.
The EPA is proposing the following amendments:
o Add seven categories of emissions units activities to the current list of sources
exempted from minor source permitting. The existing rule exempts seven categories
from permitting that do not emit NSR pollutants or that emit these pollutants in
negligible amounts. The seven additional categories that the EPA is proposing to
exempt from minor NSR permitting requirements include:
¦ Certain emergency generators.
¦ Internal combustion engines rated below 50 horsepower.
¦ Certain small furnaces or boilers used for space heating.
¦ Single-family residences and residential buildings with four or fewer dwelling
units.
¦ Air conditioning units not associated with industrial processes.
* Forestry or silvicultural activities.
¦ Cooking of food other than wholesale businesses that both cook and sell
g Add definitions to clarify construction-related activities. The proposed terms are
tailored specifically to address the minor NSR program. The existing rule refers to the
major NSR rule definitions. Implementation of the minor NSR rule would be easier if
terms are contained within it.
o Reconsider the advance notification period required for true minor sources that have
registered with their permitting authority and later relocate. The existing rule requires
30 days notification prior to relocation. The EPA is requesting comment on advance
notification periods between 10 and 30 days.
cooked food.
-------
OAR Handbook for Interacting with Tribal Governments
A-12. TRIBAL CONSULTATION LETTER (continued)
The EPA will accept comment for 60 days after the proposed rule is published in the Federal Register
on or about June 15. 2013. We will be available to discuss the proposed revisions, however, if you
prefer to initiate government-to-government consultation with the EPA on this rule, please contact
Toni Colon at (919) 541-0069. email: colon.torn a1 epa. gov. Please contact us by June 28. 2013 in
order to request consultation.
We request your input to assure that we develop the best rule possible. We endeavor to conduct our
efforts with sensitivity to the needs and culture of your tribe and with attention to the potential impact
of our actions. We look forward to hearing from you.
Sincerely.
Anna Marie Wood
Director
Air Quality Policy Division
cc: Tribal Environmental Director
Tribal Environmental Staff
46
-------
OAR Handbook for Interacting with Tribal Governments
A-12. TRIBAL CONSULTATION LETTER (Example 2)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
RESEARCH TRIANGLE PARK, NC 27711
OFFICE OF
AIR QUALITY PLANNING
AND STANDARDS
November 1, 2013
Dear Tribal Leader:
As part of President Obama's Climate Action Plan, the U.S. Environmental Protection Agency is
working expeditiously to complete carbon pollution standards for both new and existing power
plants under the Clean Air Act (CAA). Our efforts will need to address the efficiency and
performance of power plants that burn fossil fuels such as coal and natural gas. Among the
potential outcomes are requirements is greater efficiency from the infrastructure and resources on
which your community depends.
Following through on this action under the President's Climate Action Plan, the EPA is
proposing performance standards for new power plants that burn fossil fuel. The proposed
standards will be published shortly and open for comment. This action, signed on September 20,
2013, is the EPA proposal titled "Greenhouse Gas New Source Performance Standard for
Electric Utility Steam Generating Units."
For our effort to address existing sources, the EPA is holding 11 public listening sessions
across the country to solicit ideas and input from the public and stakeholders about the best
CAA approaches to reduce carbon pollution from existing power plants. The feedback from
these 11 public listening sessions will play an important role in helping the EPA develop
smart, cost-effective guidelines to reduce carbon pollution from existing power plants that
reflect the latest and best information available. The agency will then propose these guidelines
and seek public input during the notice and comment period. We anticipate releasing a proposal
by June 2014. Also by June 2014, the EPA will propose performance standards for modified and
reconstmcted power plants. For more information on these listening sessions to address existing
plants and to register online, go to: http://www2.epa.gov/carbon-pollution-standards/public-
listening-sessions. For those who cannot attend these sessions, input can be e-mailed to:
carbonpollutioninput@epa.gov. The agency will continue to actively seek and accept input,
data, analysis and suggestions through the month of November, and plans to begin drafting the
proposal before the end of the year in order to meet the June 2014 proposal deadline called for by
the President's Climate Action Plan.
Although we are holding listening sessions broadly and both initiatives will be carried out
through notice-and-comment rulemaking, we recognize our responsibility to consult on a
government-to-government basis with federally recognized tribes on efforts that may affect tribal
47
-------
OAR Handbook for Interacting with Tribal Governments
A-12. TRIBAL CONSULTATION LETTER (continuedJ
interests. Consultation is a process of meaningful communication and coordination between the
EPA and tribal officials prior to the EPA taking actions or implementing decisions that may
impact tribes. This letter is a formal invitation for consultation with the EPA on behalf of your
tribe and community to discuss the actions that we are preparing with respect to the President's
Climate Action Plan. Throughout the development of these actions, the EPA will engage with
tribal staff as well as stakeholders from states, local governments, the private sector and non-
profit organizations.
To ensure that your lands and interests are duly considered, we are prepared to consult with you
or your designee should you desire. If you would like to initiate government-to-government
consultation with the EPA on these actions, please contact Matthew Witsoky at (919) 541-2865,
email: witosky.matthew@epa.gov or Toni Colon at (919) 541-0069, email: colon.toni(g)epa.gov.
If you desire government-to-government consultation with the EPA, we kindly request that you
notify us by November 26, 2013.
We seek your input to assure that we conduct our efforts with sensitivity to the needs and culture
of your tribe and with attention to the potential impact of our actions. We look forward to
receiving your feedback.
Sincerely,
/si
Peter Tsirigotis
Director
Sector Policies and Programs Division
cc: Tribal Environmental Director
Tribal Environmental Staff
48
-------
OAR Handbook for Interacting with Tribal Governments
A-12. TRIBAL CONSULTATION LETTER (Example 3)
^osr^,
i \
% sbzj
PBO^0: 0.053 ppm (parts per million) averaged over one year
• For SO2: 0.5 ppm averaged over three hours and not to be exceeded more than once per
year
EPA is also proposing to establish an additional set of secondary standards identical to the new health-
based primary standards the Agency set in 2010. These standards are:
• For NO2: 100 ppb (parts per billion) averaged over one hour
• For S02: 75 ppb averaged over one hour
The proposed rule and accompanying materials, including maps relating to current air quality and
deposition of oxides of nitrogen and sulfur in the U.S., are available on EPA's website at
http: //www, epa. gov/ttn/naaas/staiidards/no2 so2 sec/index, html.
EPA has made significant progress in developing a multi-pollutant standard that would address the
indirect effects NOx and SOx have on sensitive ecosystems. While there is strong scientific support for
developing this type of standard, EPA does not yet have enough information to set a multi-pollutant
standard that adequately protects the diverse ecosystems across the country. EPA is planning a field pilot
program to collect and analyze additional data and information that would help inform the next five-year
review of the standards for oxides of nitrogen and sulfur.
EPA does not believe the proposed rule will have adverse implications for tribes. By setting the
secondary standard equal to the primary standard there are no new implementation or monitoring
requirements for states. However, to ensure that your lands and interests are protected, we open the door
to consultation and welcome any additional information about the standards or potential impacts you
would like to share.
EPA will accept comment for 60 days after the proposed rule is published in the Federal Register on or
about August 1st. EPA will also hold a public hearing hi Washington, DC hi late August or early
September. We will be available to discuss the proposed revisions in other settings as well, such as the
NTAA call on August 25th. If you prefer to initiate a formal consultation with EPA on this rule, please
contact Angel McCormack at (919) 541-3588. email: 111ccomiack.angel@epa.gov or Laura McKelvey
at (919) 541-5497, email: mekelvey.laura@epa.gov.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
RESEARCH TRIANGLE PARK, NC 27711
OFFICE OF
AIR QUALITY PLANNING
AND STANDARDS
August 3, 2011
49
-------
OAR Handbook for Interacting with Tribal Governments
A-12. TRIBAL CONSULTATION LETTER (continued)
We want your input to assure that we develop tlie best rules possible. We endeavor to conduct our
efforts with sensitivity to the needs and culture of tribes and with attention to the impact of our actions
on tribal sovereignty. We look forward to receiving your input
Sincerely.
Lydia N. Wegman
Director
Health and Environmental Impacts Division
cc: Tribal Environmental Director
Tribal Environmental Staff
50
-------
OAR Handbook for Interacting with Tribal Governments
A-13. CERTIFICATION MEMO FROM OAR TO OITA (Example)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
MAY-4 2011
OFFICE OF
AIR ANO RADIATION
MEMORANDUM
SUBJECT: Requesting Concurrence on Consultation Activities per Executive Order 13175
for the Transport Rule
FROM: Gina McCarthy ?
Assistant Admiiflprator
TO: Michelle J. DePass
Assistant Administrator
Office of International and Tribal Affairs
This memorandum outlines the tribal consultation and coordination activities that took place
related to the Transport Rule by the Office of Air and Radiation's Office of Atmospheric
Programs (OAP), Office of Air Quality Planning and Standards (OAQPS ), and Office of Policy
Analysis and Review (OPAR). Rased on the interactions and outreach performed by OAR with
tribal representatives, we are requesting your concurrence that we have complied with Executive
Order (I O.) 13175 Consultation and Coordination with Indian Tribal Governments.
The Transport Rule is designed to reduce the transport of air pollution that impairs air quality
and harms the health of people living in downwind areas. The proposed rule will help areas in
the eastern United States meet existing national air quality standards for ozone and particulate
matter by reducing emissions of sulfur dioxide (SO2) and nitrogen oxide (NOx) from large power
plants. The rule is scheduled for final signature by June 30, 2011.
Consultation and Outreach to Tribal Leaders and Representatives
Prior to development of the rule, EPA notified tribes of our intent to propose the Transport Rule
in the fall of 2009 during a regularly scheduled meeting to update National Tribal Air
Association members of upcoming EPA policies and regulations and to receive input from them
on the effects of these efforts in Indian country.
During development of the rule, EPA determined that none of the power plants potentially
affected by the proposed rule were located on tribal lands. In addition, all areas in the proposed
Transport Rule region (31 Eastern states and the District of Columbia) were expected to
experience improvements in air quality as a result of the rule. Due to these findings, EPA stated
in the proposed rule that the Transport Rule did not have tribal implications.
yf0ST%
W
\ «ort-c
Internal Additss (URL) • ht»p7/www.epa gov
Recyded/Reeyciebie • Printed wttn vegetable Otl Based inks on 100% Postoonsurncr. Process Chlorine Free Recycled Papet
51
-------
OAR Handbook for Interacting with Tribal Governments
A-13. CERTIFICATION MEMO FROM OAR TO OITA (continued)
In September 2010, during the comment period for the proposed rule, EPA held a webinar for
environmental justice communities on the rule. A presentation tailored for an audience of
environmental justice community and tribal representatives was specifically designed for this
webinar. It was sent to registered participants beforehand and posted on the Transport Rule
webpage (http://epa.gov/airtransport' ). The presentation included information on the context of
the rule, plain language information on the rule itself, and directions on how to comment on the
rule. The public comment period for the proposed Transport Rule closed on October 1. 2010.
EPA received comments that the Agency did not properly conduct consultation
during the proposal phase of the rulemaking process. In response to these comments,
EPA sent 583 letters in December 2010 to all federally-recognized tribes in the
country offering consultation. In addition, several commenters also noted that the
Agency did not adequately consider opportunities for tribes to enter into any of the
trading programs and, in particular, did not consider sovereignty issues when
addressing how to distribute allowances to potential new units in Indian country. On
January 7, 2011, EPA issued a NOD A requesting comment on new unit allocations in
Indian country, among other topics.
The Agency held a consultation call with three tribes on January 21, 2011. A follow up call was
held on February 4, 2011 with two of the three original tribes plus 12 additional tribes and
representatives from the National Tribal Air Association. In all, ten tribes participated in these
calls as consultation and five participated as information-sharing. EPA considered the additiona
input from these consultation and information calls, in conjunction with the public comments, ir
the development of the final rule. Accordingly, EPA has proposed creation of an Indian country
new unit set-aside in the final rule to specifically address tribes' concerns regarding the
distribution of allowances for new units in Indian country and protection of tribal sovereignty.
After the Transport Rule is promulgated, we intend to conduct similar outreach efforts to
tribes, particularly those that participated on the consultation and information calls.
Thank you for your consideration in your concurrence that we have complied with E.O. 13175
Consultation and Coordination with Indian Tribal Governments. If you have questions or need
further information, please do not hesitate to contact me or have your staff contact Erika Wilson
at (202)343-9113.
52
-------
OAR Handbook for Interacting with Tribal Governments
A-14. MEMO CERTIFYING CONSULTATION FROM OITA TO OAR (Example)
SEZ
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D C 20460
V
Office of
International and
Tribal Affairs
MEMORANDUM
SUBJECT: Transport Rule: Certification of compliance to E.O. 13175
TO: Gina McCarthy, Assistant Administrator
Office of Air and Radiation „ , ,
f • /i ^
FROM: J-/Michelle DePass, AssistantAaministr;
Executive Order 13175, Consultation and Coordination with Indian Tribal Governments
(Executive Order), requires that each federal agency provide a meaningful and timely
opportunity for consultation concerning the development, administration, and enforcement of
regulations that have tribal implications. The Executive Order further stipulates that a designated
agency tribal consultation official must certify compliance.
As EPA's designated tribal consultation official, 1 certify that the Office of Air and
Radiation's (OAR) consultation activities for the proposed Transport Rule is compliant with the
Executive Order based upon your recitation of consultation activities taken including:
Prior to development of the rule, EPA notified tribes of our intent to propose the
Transport Rule through the National Tribal Air Association, a tribal liaison group
that EPA established for the purpose of sharing information on and discussing
Agency air policies and activities.
EPA held a webinar for environmental justice communities on the rule that
included tribal representatives.
In response to tribal comments that EPA received during the public comment
phase that the Agency did not properly conduct tribal consultation during the
proposal phase of the rulemaking process, EPA sent letters to all federally-
recognized tribes offering consultation.
Additionally, in response to comments received from tribes during the public
comment phase that the Agency did not adequately consider opportunities for
tribes to enter trading programs, EPA issued a NODA requesting comment on
new unit allocations in Indian country.
Internet Address (URL) • http://www opa.gcv
Recycled/Recyclable • Printed with Vegetante OH Based Inks on 100% Postconsumer Process Chlorine Free Recycled Paper
53
-------
OAR Handbook for Interacting with Tribal Governments
A-14. MEMO CERTIFYING CONSULTATION FROM OITA TO OAR (continued)
Following the notification to tribes of the offer to consult, EPA held a
consultation call with three interested tribes with a follow up call that included
two of the three original tribes, 12 additional tribes, and representatives from the
National Tribal Air Association.
EPA considered the additional input from these consultation and information
calls, in conjunction with the public comments, in the development of the final
rule. Specifically, in response to tribal comments, EPA proposed creation of an
Indian country new unit set-aside in the final rule.
Moreover, after the Transport Rule is promulgated, OAR intends to continue
conducting outreach efforts to tribes.
The Office of International and Tribal Affairs thanks you for the consultation you have
conducted and the additional work with tribes you have planned. We are especially
appreciative of the effort to be responsive to tribal concerns that you have shown during
the consultation process.
54
-------
OAR Handbook for Interacting with Tribal Governments
A-15. RULEMAKING PREAMBLE LANGUAGE (Examples)
Preamble
Regardless of the effects of a rule, you should summarize your activities in the EO
13175 section of your preamble. In the preamble, discuss and document the impact
analysis; address public outreach and consider highlighting tribal options for
comments. For rules, refer to the ADP for standard preamble and EO language - note
that this standard language may not be suited for all activities.
If your rule has impacts as defined in the EO 13175 (see below)
"Subject to EO 13175 (65 FR 67249; November 9, 2000) the EPA may not issue a
regulation that has tribal implications, that imposes substantial direct compliance
costs, and that is not required by statute, unless the federal government provides
the funds necessary to pay the direct compliance costs incurred by tribal
governments, or the EPA consults with tribal officials early in the process of
developing the proposed regulation and develops a tribal summary impact
statement. Executive Order 13175 requires the EPA to develop an accountable
process to ensure ' 'meaningful and timely input by tribal officials in the
development of regulatory policies that have tribal implications. ''
then, you should use preamble language similar to the following examples:
Example 1:
0 has tribal effects
0 imposes substantial direct compliance costs (section 5 (b))
0 requires a certification memo from OAR to OITA
Mercury and Air Toxics Standards (MATS)
National Emission Standards for Hazardous Air Pollutants From Coal and Oil-Fired
Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-
Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-
Commercial-Institutional Steam Generating Units
http://www.gpo.gov/fdsys/pkg/FR-2012-02-16/pdf/2012-806.pdf (pages 137,138)
F. Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
"Subject to EO 13175 (65 FR 67249; November 9, 2000) the EPA may not issue a
regulation that has tribal implications, that imposes substantial direct compliance
costs, and that is not required by statute, unless the federal government provides the
funds necessary to pay the direct compliance costs incurred by tribal governments, or
the EPA consults with tribal officials early in the process of developing the proposed
regulation and develops a tribal summary impact statement. Executive Order 13175
requires the EPA to develop an accountable process to ensure "meaningful and timely
55
-------
OAR Handbook for Interacting with Tribal Governments
A-15. RULEMAKING PREAMBLE LANGUAGE (continued)
input by tribal officials in the development of regulatory policies that have tribal
implications."
The EPA has concluded that this action may have tribal implications. The EPA
offered consultation with tribal officials early in the regulation development process to
permit them an opportunity to have meaningful and timely input. Consultation letters
were sent to 584 tribal leaders, provided information regarding the EPA's
development of this rule, and offered consultation. At the request of the tribes, three
consultation meetings were held: December 7, 2010, with the Upper Sioux
Community of Minnesota; December 13, 2010, with Moapa Band of Paiutes, Forest
County Potawatomi, Standing Rock Sioux Tribal Council, and Fond du Lac Band of
Chippewa; January 5, 2011, with the Forest County Potawatomi, and a representative
from the National Tribal Air Association (NTAA). In these meetings, the EPA
presented the authority under the C AA used to develop these rules and an overview of
the industry and the industrial processes that have the potential for regulation. Tribes
expressed concerns about the impact of EGUs in Indian country. Specifically, they
were concerned about potential Hg deposition and the impact on the water resources
of the tribes, with particular concern about the impact on subsistence lifestyles for
fishing communities, the cultural impact of impaired water quality for ceremonial
purposes, and the economic impact on tourism. In light of these concerns, the tribes
expressed interest in an expedited implementation of the rule. Other concerns
expressed by tribes related to how the Agency would consider variability in setting the
standards, and the use of tribal-specific fish consumption data from the tribes in our
assessments. They were not supportive of using work practice standards as part of the
rule, and asked the Agency to consider going beyond the MACT floor to offer more
protection for the tribal communities. In addition to these consultations, the EPA also
conducted outreach on this rule through presentations at the National Tribal Forum
(NTF) in Milwaukee, WI; phone calls with the NTAA; and a webinar for tribes on the
proposed rule. The EPA specifically requested tribal data that could support the
appropriate and necessary analyses and the RIA for this rule. In addition, the EPA
held individual consultations with the Navajo Nation on October 12, 2011; as well as
the Gila River Indian Community, Ak-Chin Indian Community, and the Hopi Nation
on October 14, 2011. These tribes expressed concerns about the impact of the rule on
the Navajo Generating Station (NGS), the impact on the cost of the water allotted to
the tribes from the Central Arizona Project (CAP), the impact on tribal revenues from
the coal mining operations (i.e., assumptions about reduced mining if NGS were to
retire one or more units), and the impacts on employment of tribal members at both
the NGS and the mine. More specific comments can be found in the docket. The EPA
will continue to work with these and other potentially affected tribes as this final rule
is implemented."
56
-------
OAR Handbook for Interacting with Tribal Governments
A-15. RULEMAKING PREAMBLE LANGUAGE (continued)
Example 2:
ias tribal effects
~ mposes substantial direct compliance costs (section 5 (b))
~ requires a certification memo from OAR to OITA
Tribal Minor New Source Review (NSR) Rule
Review of New Sources and
Modifications in Indian Country
http://www.gpo.gOv/fdsys/pkg/FR-2011-07-01/pdf/2011-14981.pdf (pg. 40)
F. Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
"Subject to the Executive Order 13175 (65 FR 67249, November 9, 2000) EPA may
not issue a regulation that has tribal implications, that imposes substantial direct
compliance costs and that is not required by statute, unless the Federal government
provides the funds necessary to pay the direct compliance costs incurred by tribal
governments or EPA consults with tribal officials early in the process of developing
the proposed regulation and develops a tribal summary impact statement.
The EPA has concluded that this action does not have tribal implications because it
will neither impose substantial direct compliance costs on tribal governments, nor
preempt tribal law. This action provides two preconstruction air permitting rules for
stationary sources in Indian country, but these rules will neither impose substantial
direct compliance costs on tribal governments nor preempt tribal law because these
rules will be implemented by EPA or a delegate tribal agency that has requested to
assist EPA with administration of the rules, until replaced by an EPA approved tribal
implementation plan. Nonetheless, EPA conducted substantial outreach and
consultation with tribal officials and other tribal representatives and has incorporated
tribal views, throughout the course of developing these rules. See section III.D of this
final rule preamble for more details on our tribal outreach and consultation efforts."
57
-------
OAR Handbook for Interacting with Tribal Governments
A-15. RULEMAKING PREAMBLE LANGUAGE (continued)
Example 3:
~ las tribal effects
~ imposes substantial direct compliance costs (section 5 (b))
~ requires a certification memo from OAR to OITA
no tribal effects; certification is not required
Primary NAAQS for S02
Primary National Ambient Air Quality
Standard for Sulfur Dioxide
http://www.epa.gov/ttn/naaqs/standards/so2/fr/20100622.pdf (pages 71,72)
F. Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
"Executive Order 13175, entitled "Consultation and Coordination with
Indian Tribal Governments" (65 FR 67249, November 9, 2000), requires EPA
to develop an accountable process to ensure "meaningful and timely input by
tribal officials in the development of regulatory policies that have tribal
implications." This final rule does not have tribal implications, as specified in
Executive Order 13175. It does not have a substantial direct effect on one or
more Indian tribes, on the relationship between the Federal government and
Indian tribes, or on the distribution of power and responsibilities between the
Federal government and tribes. The rule does not alter the relationship between
the Federal government and tribes as established in the CAA and the TAR. Under
section 109 of the CAA, EPA is mandated to establish NAAQS; however, this rule
does not infringe existing tribal authorities to regulate air quality under their own
programs or under programs submitted to EPA for approval. Furthermore, this rule
does not affect the flexibility afforded to tribes in seeking to implement CAA
programs consistent with the TAR, nor does it impose any new obligation on tribes to
adopt or implement any NAAQS. Finally, as noted in section E (above) on UMRA,
this rule does not impose significant costs on tribal governments. Thus, Executive
Order 13175 does not apply to this rule."
58
-------
OAR Handbook for Interacting with Tribal Governments
A-16. EPA RESPONSE LETTER TO TRIBE (Example)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D C 20460
UJ
O
MAY 1 0 2012
OFFICE OF
AIR AND RADIATION
The Honorable Gregory Mendoza
Chairman of the Gila River Indian Community
P.O. Box 97
Sacaton, Arizona 85147
Dear Governor Mendoza:
I am writing to thank you for your input on the Mercury and Air Toxics Standards (MATS) for power
plants previously referred to as the National Emission Standards for Hazardous Air Pollutants from
Coal- and Oil-fired Electric Utility Steam Generating Units (EGUs) (http://www.epa.gov/mats).
This letter provides our response to your comments as required under the Agency's consultation policy.
As you are aware, the U.S. Environmental Protection Agency offered consultation with tribal officials
early in the rule development process to allow for the opportunity to provide meaningful and timely
input. On October 25, 2010, letters offering consultation were sent to 584 tribal leaders. The
consultation letter provided information regarding EPA's development of rules to reduce toxic air
pollution from coal- and oil-fired EGUs. In an effort to inform the tribes of this upcoming rule, the EPA
conducted outreach through: presentations at the National Tribal Forum (NTF) in Milwaukee,
Wisconsin from June 14 - 16, 2011; monthly National Tribal Air Association calls; and a webinar on the
proposed rule for the tribal community on May 5, 2011.
In response to your requests for consultation, we held a series of meetings with you and members of
your staff, including an informational meeting on September 16, 2011, in Phoenix, Arizona on both Best
Available Retrofit Technology (BART) and MATS; a technical webinar on October 6, 2011, concerning
the modeling conducted for the rule; and a face-to-face consultation with you and your staff at the Gila
River Indian Community reservation on October 14, 2011.
In these meetings, we heard concerns from you and other tribes about the impact of the rule on the
Navajo Generating Station (NGS) and from other tribes that rely on NGS to support their water
settlement agreements and other potential impacts. You expressed concerns about the impacts of these
rules on the cost of the water allotted to the tribes from the Central Arizona Project (CAP), the impact on
tribal revenues from coal mining operations and the impacts on employment of tribal members at both
the NGS and the mine. In addition, you and other CAP impacted tribes submitted comments on the
Agency's trust responsibility, your concerns regarding the impacts to tribal sovereignty and insufficient
consultation on the rulemaking process. Enclosed are the Agency's specific responses to your comments
about the impacts of this rule on the NGS; these comments appear in the final MATS rulemaking action.
Internet Address (URL) * http //www epa gov
Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Postconsumer Process Chlorine Free Recycled Paper
59
-------
OAR Handbook for Interacting with Tribal Governments
A-16. EPA RESPONSE LETTER TO TRIBE (continued]
The EPA is committed to working with you, NGS and the other involved federal agencies to determine
the most appropriate way to implement the MATS and BART rules for NGS in a manner that supports
the ongoing needs of your tribe.
Again, thank you for your participation in the development of this rule and 1 look forward to working
with you and other members of your tribes in the future on this and other important matters.
Sincerely,
Janet McCabe
Principal Deputy Assistant Administrator
Enclosure
cc: Charles L. Franklin
Akin Gump Strauss Hauer & Feld LLP
on behalf of Gila River Indian Community
60
-------
OAR Handbook for Interacting with Tribal Governments
A-16. EPA RESPONSE LETTER TO TRIBE (continued)
EPA Response to Comments from the Gila River Indian Community
On the Mercury Air Toxics Standards (MATS) Rule
Comment 1: Consultation: Several tribes expressed concerns with the consultation that took
place with their governments as required by Executive Order (E.O.) 13175. You were troubled
that we had not undertaken any formal consultation with your tribal community, despite a formal
request submitted in July 2011. You believed that given the nature of the interests at stake, the
implications of the proposed rule, and the EPA's federal trust obligations, consultation must be
among senior-level EPA officials and tribal leaders.
EPA Response: We appreciate these comments and recognize the importance of
appropriate consultation with tribes in developing this rule, consistent with the federal
government's trust responsibility to federally recognized tribes. We agree that this rule
affects tribes and we actively encouraged tribes to participate in our rulemaking. We
conducted outreach and information sharing with tribal environmental staff through the
monthly National Tribal Air Association calls, presentations at the National Tribal
Forum, and a webinar, on the content of the proposal, targeting tribal environmental
professionals. In addition, we sent letters to all tribal leaders and offered consultation on
the rule, prior to proposal and after the proposal, to ensure tribes had the opportunity to
participate in the process. As mentioned before, in recognition of concerns raised by
several tribes, and in order to help us better understand their concerns, we also
participated in a face-to-face meeting with tribes in Arizona who were concerned about
the potential impact of this rule on their income and water rights. Following that meeting,
we held an additional technical meeting on how Integrated Planning Modeling (IPM) is
used in the Regulatory Impact Analysis (RIA) and provided one-on-one consultation with
The Navajo Nation, Gila River Indian Community, The Hopi Tribe, and the Ak-Chin
Indian Community. Thus, we disagree with your statements that we did not undertake
any formal consultation, particularly since senior-level EPA officials were involved in the
meetings. We would like to clarify that the generic letter to tribal governments to which
one commenter referred to was not intended to be "the consultation" but, rather, it offered
consultation.
Comment 2: Modeling of NGS: You expressed concern with our presumption in the
rulemaking that the Navajo Generating Station (NGS) will close in 2015, citing the RIA where
we presumed that two of the three units would retire with or without implementation of the
Utility Maximum Achievable Control Technology (MACT) standards and the third would be
forced to retire as a result of the economic and regulatory burdens imposed by the proposed rule.
You believed these assumptions are in contrast to prior statements by the EPA regarding the
facility during the Best Available Retrofit Technology (BART) rulemaking. You also believed
we should address the catastrophic impacts that the Utility MACT will have on Arizona tribes
and reconcile these opposed positions.
EPA Response: In order to address questions about purported conclusions in some of
EPA's regulatory documents, EPA held a technical meeting on how the Integrated
Planning Modeling (IPM) is used in the Regulatory Impact Analysis (RIA) and how it
Gila River Indian Community - Comments on MATS Rule Page 1 of 2
61
-------
OAR Handbook for Interacting with Tribal Governments
A-16. EPA RESPONSE LETTER TO TRIBE (continued)
was specifically used in this rulemaking. We pointed out that IPM is used to analyze the
power sector's cost-minimizing response to meet electricity demand with MATS in place.
The IPM modeling and projections are intended to be a reflection of possible compliance
using specific tools, assumptions, and methodologies that the agency believes reflect the
best and most current information related to the power sector. But, it is necessarily at a
level that cannot reasonably reflect actual compliance decisions, since those will be made
individually by the affected industry based on what makes the most sense using existing
technologies or other, more cost-effective strategies and considering a variety of other
factors specific to the facility. Thus, our IPM analysis of MATS does not dictate what a
given facility must do to comply with MATS. Each facility may determine its own
compliance strategy to meet the emission rate limits in MATS. There are many specific
considerations from NGS that EPA's model would not, and could not, take into account.
We will work with NGS and other affected parties to ensure a smooth transition with this
rule and address specific issues as they arise. We would point out that changes in the final
rule are significant and will reduce costs, increase flexibility and alleviate industry
concerns about achievability of standards.
Comment 3: Different Treatment of NGS in the Rulemaking: You discussed numerous
considerations regarding NGS, suggesting it should be treated differently from other generating
units because it is a unique facility with a significant federal purpose. You noted that NGS
powers the delivery of water, a trust resource, to fulfill the mandate of eight Congressionally-
approved Indian water rights settlements, to Native American communities and provides jobs
both directly and through the associated coal mine.
EPA Response: As discussed above, we are sensitive to your concerns and intend to
work with tribal and other authorities to ensure a smooth transition and address specific
issues as they arise. However, we note that section 112 of the CAA imposes specific
requirements with respect to the methodology we must use in establishing emission
standards for Hazardous Air Pollutants (HAPs), including Mercury emissions from
EGUs. You suggested treating NGS differently from other generating facilities, and we
interpret this comment at least in part as a request for a subcategory for NGS. Pursuant to
CAA section 112(d)(1), we may subcategorize sources based on differences in class,
type, or size. In the preamble to the proposed rule, we further explained that any basis for
subcategorizing (e.g. class) must be related to an effect on emissions, rather than some
difference which does not affect emissions performance. We do not agree that a
subcategory based on location on tribal lands is consistent with the statutory authority to
subcategorize, and the commenter does not explain why emissions would be different for
EGUs located on tribal lands. Absent that showing, it would not be appropriate to
subcategorize units even if we believed such a subcategory was consistent with the
statute; however, the methodology for determining emission standards under CAA
section 112 does not result in requirements that specify the means of complying with
standards. Thus, affected sources make their own determination regarding how they will
comply with the standards. We believe that flexible and achievable pollution control
requirements are promoted in the final rule through inclusion of alternative standards,
alternative compliance options, and emissions averaging as a means of demonstrating
compliance with the standards for existing EGUs.
Gila River Indian Community - Comments on MATS Rule Page 2 of 2
62
-------
OAR Handbook for Interacting with Tribal Governments
A-17. KEY TERMS AND CONCEPTS
Authorized Inter-Tribal Organization
An "authorized inter-tribal organization" is an organization that has been officially designated by the
elected or duly-appointed leaders of federally recognized tribal governments to represent them on a
particular issue.
Consultation
"Consultation" is a process of meaningful communication between EPA decision-makers and elected or
duly appointed tribal leaders (or their authorized representatives) prior to the EPA taking actions or
implementing decisions that may affect tribes. Consultation is government-to-government, whereas
identification and coordination can be with communities, environmental staff, and others.
Federally Recognized Indian Tribe
A "federally recognized Indian tribe" is an entity that appears on the list of federally recognized tribes
published annually by the Bureau of Indian Affairs (BIA), Department of the Interior (DOI). The
Federally Recognized Indian Tribe List Act of 1994, which requires publication of this list, defines
"[t]he term 'Indian tribe' [to] mean any Indian or Alaska Native tribe, band, nation, pueblo, village or
community that the Secretary of the Interior acknowledges to exist as an Indian tribe." 25 U.S.C. §479a.
Inclusion on the list of federally recognized tribes entitles a tribe to special services and benefits. Federal
recognition is typically a requirement to be eligible for federal aid or funding.
Federal Indian Law
"Federal Indian Law" refers to the body of law that defines the legal relationship between the United
States and the Indian tribes, including federally recognized Alaska Native entities.
Federal Indian Trust Responsibility
The federal government has a "trust responsibility" to federally recognized Indian tribes that arises from
treaties, statutes, executive orders, and the historical relations between the United States and Indian
tribes. Like other federal agencies, the EPA acts in accordance with the trust responsibility - which
generally includes consulting with and considering the interests of tribes - when taking actions that may
affect tribes or their resources.
Government-to-Government Relationship
The relationship between federally recognized Indian tribal governments and the federal government is a
unique one. Indian tribes possess an inherent sovereignty over their members and territories. Agency
officials interact with tribal officials as representatives of their government. The EPA consults - on a
government-to-government basis - with federally recognized tribes.
63
-------
OAR Handbook for Interacting with Tribal Governments
A-17. KEY TERMS AND CONCEPTS (con tin ued)
Indian Country
This term, defined by federal statute at 18 U.S.C. § 1151, means: a) all land within the limits of any
Indian reservation26 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. Tribal land issues can be quite complicated; therefore, you should talk to the EPA
Regional Indian Program representatives, Regional Counsel, or the Office of General Counsel for more
in-depth information.
Sovereignty
"Sovereignty" is the authority that a government draws upon to govern. In the United States, tribes
retain important aspects of sovereignty and authority over their members and territory.
Treaties
Through treaties, Indian nations ceded certain lands and rights to the United States and reserved certain
lands ("reservations") and rights for themselves. In many treaties, tribal governments reserved hunting,
fishing, and gathering rights in territories beyond the land that they reserved for occupation.
Tribal Air Coordinator (TAC)
Each regional office has a tribal air coordinator that participates in monthly conference calls organized
by the sub-lead EPA region for tribal air issues. These regional contacts are familiar with tribal issues
specific to the tribes in their region and can serve as a good resource in early planning efforts and
follow-up consultation.
Tribal Authority Rule
The "Tribal Authority Rule" refers to the EPA regulation that implements the provisions of the Clean
Air Act that authorize eligible tribes to implement tribal air quality programs under the Clean Air Act in
27
a manner similar to states.
Tribal Consultation Advisors
Tribal Consultation Advisors (TCAs) assist in identifying matters appropriate for consultation and
prepare summary information on consultation activities and provide it to AIEO. TCAs receive and
provide advice within their respective program offices and regions on what actions and/or decisions may
be appropriate for consultation. TCAs also serve as a point-of-contact for the EPA staff, tribal
governments, and other parties interested in the consultation and coordination process. TCAs are the in-
office subject matter experts to assist staff and management in the implementation of the Policy.
26 The EPA's definition of "reservation" encompasses both formal reservations and "informal" reservations, i.e., trust lands
set aside for Indian tribes. See for example Oklahoma Tax Comm'nv. Sac and Fox Nation, 508 U.S. 114, 123 (1993); 56
Fed. Reg. 64876, 64881 (1991); or 63 Fed. Reg. 7254, 7258 (1998).
27 The final Tribal Authority Rule was published at 63 Fed. Reg. 7254 (February 12, 1998).
64
-------
OAR Handbook for Interacting with Tribal Governments
A-17. KEY TERMS AND CONCEPTS (con tin ued)
Tribal Environmental Professional (TEP)
Tribal Environmental Professionals are employed by the tribal government to work on environmental
issues.
Tribal Governments
Most tribes have their own governments, which are generally formed to suit the particular tribe's
practical, cultural, political, or religious needs. Many tribal government structures combine traditional
features with Western forms.
Tribal Implications
As defined by Executive Order 13175, "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 one or more Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities between the Federal Government and
Indian tribes."
Tribal Officials
"Tribal Officials" for the purpose of this policy means an elected or duly appointed official of Indian
tribal governments or their authorized representatives or authorized inter-tribal organizations. The EPA
generally recognizes an inter-tribal organization to be authorized to represent a tribal government after
receiving confirmation from an elected or duly-appointed tribal leader that the inter-tribal organization is
authorized to consult with the Agency on the tribe's behalf. Such confirmation should be provided in
writing.
65
-------
OAR Handbook for Interacting with Tribal Governments
A-18. RELEVANT TRIBAL AND EPA ORGANIZATIONS
AIEO - The American Indian Environmental Office
The AIEO is part of the U.S. EPA. The AIEO, working with its regional components, coordinates the
Agency-wide effort to strengthen public health and environmental protection in Indian country and
oversees development and implementation of the Agency's Indian Policy and Consultation Policy.
www.epa.gov/tp/
BIA - Bureau of Indian Affairs
The BIA is an agency of the federal government of the United States within the U.S. Department of the
Interior. It is responsible for the administration and management of 55,700,000 acres (225,000 km) of
land held in trust by the United States for Native Americans in the United States, Native American
Tribes and Alaska Natives, www.bia.gov/
CERT - The Council of Energy Resource Tribes
The Council of Energy Resource Tribes (CERT) was founded by Indian tribes as a distinct resource
providing advice and support for tribes in developing and sustaining long-term energy goals. CERT
helps tribes attain the confidence needed to chart a new course of development addressing tribal
priorities and values while contributing to a more secure energy future for all Americans,
www. certredearth. com/
ITCA - Inter Tribal Council of Arizona
The Inter Tribal Council of Arizona, Inc. is a non-profit 501(c)(3) corporation that administers
over 20 federal, state and private grants and contracts in a variety of areas including health, research,
and environmental quality. The membership of ITCA consists of twenty of the federally recognized
tribes in Arizona. ITCA coordinates meetings and conferences to facilitate participation of tribal leaders
and other tribal staff in the formulation of public policy at all levels, www.itcaonline.com/
ITEC - Inter-Tribal Environmental Council
The ITEC was formed in 1992 by the signing of a Memorandum of Understanding between 20
Oklahoma tribes and the EPA Region 6. Since that time other tribes have joined and the current
membership is 43. www.itecmembers.org/
ITEP - Institute for Tribal Environmental Professionals
The ITEP was created in 1992 to act as a catalyst among tribal governments, research and technical
resources at Northern Arizona University (NAU), in support of environmental protection of Native
American natural resources. ITEP serves tribes through outstanding, culturally-relevant education and
training that increase environmental capacity and strengthen sovereignty, www4.nau.edu/itep/
NCAI - National Congress of American Indians
Founded in 1944, NCAI is the oldest, largest, and most representative American Indian and Alaska
Native organization that serves to develop consensus on national priority issues that impact tribal
sovereignty, www.ncai.org/
66
-------
OAR Handbook for Interacting with Tribal Governments
A-18. RELEVANT TRIBAL AND EPA ORGANIZATIONS (continued)
NTAA - National Tribal Air Association
Since its founding in 2002, the National Tribal Air Association has been a leading voice for tribal air
quality issues, programs, and policies. With seventy (70) principal member tribes, the NTAA's mission
is to advance air quality management and policies and programs, consistent with the needs, interests, and
unique legal status of American Indian Tribes and Alaskan Natives. Administration of the NTAA is
vested in the Executive Committee consisting of ten (10) tribal representatives, one from each of the
USEPA Regions (excluding R3, which has no tribes), plus one from Alaska. The officers include the
Chairperson, Vice-Chairperson, Secretary and Treasurer, www.ntaatribalair.org/
NTOC - National Tribal Operations Committee
The NTOC was established in February 1994 in order to improve communication and build stronger
partnerships between the tribes and the EPA. NTOC is comprised of 19 tribal leaders or their
environmental program managers (the National Tribal Caucus) and the EPA's Senior Leadership Team,
including the Administrator, the Deputy Administrator, and the Agency's Assistant and Regional
Administrators, www.epa.gov/tp/contactinfo/trcaucus.htm
RTOC - Regional Tribal Operations Committee
The RTOC is the regional counterpart to the National Tribal Operations Committee (NTOC) and does
not replace direct tribal-to-EPA relationships. The RTOC recognizes and respects the existing tribal
jurisdiction, cultural, political and social continuity of tribes. Federally recognized tribes reside in nine
of the agency's 10 regions (Region 3 is the exception). Each of these nine regions has appointed a
Regional Indian Coordinator (RIC), and some of the regions have established an Indian program office.
Some regions have a formal RTOC comprised of tribes residing within that region,
www. epa. gov/regi on9/trib al/rtoc/charter. html
TAMS - Tribal Air Monitoring Support Center
The TAMS Center was created in 1999 through a partnership between tribes, the Institute for Tribal
Environmental Professionals (ITEP) and the EPA. It is the first technical training center designed
specifically to meet the needs of tribes involved in air quality management and offers an array of
training and support services to tribal air professionals, www4.nau.edu/tams/
END OF DOCUMENT
67
------- |