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Budget Priority Guidance
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Table of Contents
FY 2023 Budget Request and Priority Recommendations 3
Introduction 3
Expanded Budget Recommendations 6
A New Era of Equity and Environmental Justice 6
Air Quality and Climate Change 8
Protections for Water 13
Toxics and Chemical Safety 15
Collaboration and Partnerships 17
Enforcement and Compliance for Tribal Environmental Laws 20
Conclusion 21
FY 2023 Recommendations | 2
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FY 2023 Budget Request and
Priority Recommendations
Funding Highlights:
The National Tribal Caucus (NTC) requests funding for a tribal set-aside for
environmental programs for FY 2023 in the amount of $437,25 million. To
achieve parity in funding for tribal programs, the NTC recommends EPA fund
tribes at the same level as it funds states.
Introduction
We, the tribal representatives of the National Tribal Caucus, are charged with identifying and addressing
regional and national environmental issues that affect tribal nations and Alaska Native villages. We
welcome and look forward to the opportunity to partner with Michael Regan, the new EPA
Administrator, and the rest of the agency on the critical environmental challenges that tribes face.
Tribal sovereignty, treaty rights, and the federal trust responsibility inform the concepts of
environmental justice and equity as applied to Indian Country. Tribes are not simply a subgroup of the
general population but are individual sovereign nations. The impairment of our cultural landscape
affects spiritual well-being, food sovereignty, and physical health.
Since EPA adopted the 1984 EPA Policy for the Administration of Environmental Programs on Indian
Reservations (The 1984 Indian Policy), this policy has guided EPA's implementation of tribal consultation
policy (as revised in 2013), and the conducting of consultation with tribal leaders on treaty rights (as
revised in 2015). EPA's framework to support federally recognized tribes is much improved; however, its
1984 Indian Policy is still not fully realized. To progress toward realizing this policy, the NTC urges EPA to
consider and act upon the following priorities and recommendations.
The following budget priority media areas are not ranked by importance; rather, they are of equal
priority within Indian Country.
1. A New Era of Equity and Environmental Justice
Total FY23 budget request: $437.25 million
(This amount is the same as the total tribal set-aside amount requested for all FY 2023 priorities,
since equity and environmental justice underscore every priority area and recommen dation.)
Fund tribes in an equitable manner to states.
Remain engaged with tribes on a government-to-government basis. Continue to recognize tribal
sovereignty and acknowledge each unique tribal government as the appropriate, primary
authority over reservation lands, habitats, and ecosystems.
Encourage continued funding for and participation in the E-Enterprise Leadership Council and
Tribal Exchange Network Group.
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Work with urgency to address climate change and resolve funding inequities, both of which lead
to environmental justice challenges for tribes.
2. Air Quality and Climate Change
FY 23 budget request: $59.25 million
Increase funding for existing tribal air programs.
Provide greater support for the Alaska tribes.
Fund the conducting of tribal air quality needs assessments.
Provide greater support for the emerging wildfire threat.
Fund tribal participation in regional haze and climate change planning.
Increase EPA's interdepartmental coordination on projects that have multi-media effects,
particularly in light of recent increases in extractive permits issued for public and ancestral tribal
lands.
Ensure improved communication within EPA regions and with tribes on Tribal Minor New Source
Review permitting.
Fund tribal research, action plans, and mitigation activities for climate change impacts on tribal
lands, communities, and food sovereignty.
3. Protections for Water
FY 23 budget request: $220.5 million
Establish a funding floor of 5% of the FY 2022 state revolving fund (SRF) allocations to address
tribal disparities in access to safe drinking water and sanitation.
Promulgate baseline water quality standards for tribes that do not have them, to ensure tribal
environmental health, lifeways, aquatic ecosystems, and food sovereignty are protected.
Restructure EPA's National Water Program Guidance under the EPA Strategic Plan to reestablish
the initial 13 tribal measures that were later removed and restore the definition of "Waters of
the United States" to include and thereby protect ephemeral streams.
Fund tribal multi-media grants.
Increase funding for programs under Clean Water Act (CWA) Sections 106, 319, and 104 (b)(3).
Provide sufficient funds for EPA to sustain and enhance its implementation of EPA's 1984 Indian
Policy.
4. Toxics and Chemical Safety
FY 23 budget request: $10.5 million
Regulate and oversee pesticide use to protect agricultural workers, natural resources,
pollinators, and tribes.
Strengthen existing tribal pesticide programs and expand them to tribes not currently covered.
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Deliver integrated pest management programs to tribal communities to address emerging
invasive species threats.
Per EPA's commitment under its 2019 Per- and Polyfluoroalkyl Substances (PFAS) Action Plan to
obtain bioaccumulation data in 2022, set aside funding for tribes to engage in research in
support of the plan.
Provide funding for tribes to educate tribal citizens and community members on the dangers
that toxics pose to communities throughout Indian Country.
Actively engage tribes in efforts to acquire Pollution Prevention Grants, and remove match
requirements/tribal supplemental set-aside funding.
Offer funding to support tribal communities in blood testing for toxic chemicals and lead.
5. Collaboration and Partnerships
FY 23 budget request: $31.5 million
Prioritize the reduction of materials when developing guidance, outreach, and regulations, as
well as in discussions with industry groups.
Provide additional funding so tribes can enact effective and efficient procedures and operate
appropriate facilities to address waste reduction, recycling, and composting.
Encourage the development of regionally based operations that use recycled materials, and
provide tribes with a list of potential buyers of recyclable materials by type and region.
Cooperate and collaborate with tribal professionals, as well as IHS, to ensure operational and
data consistency across the regions and the availability of adequate funding and resources for
tribes to address illegal dump sites. In addition, when requirements are changed for tribes to
access funding, communicate these changes to tribes clearly and consistently.
Implement the recommendations developed by the Infrastructure Task Force (ITF) work teams,
and continue to engage in cross-agency collaborations.
Prioritize funding and resources to the EPA regions to coordinate onsite waste stream audits for
tribes, conducted by a contractor or tribal employees, and provide transparency about how the
data may be used and whether it is for the sole benefit of the tribe or will be made public.
Support tribes in their work on food waste and food sovereignty and security. We encourage
EPA to not only work with tribes on this issue, but also with other federal agencies, such as the
U.S. Department of Agriculture.
Design solid waste training courses for tribal staff, using tribal experts as instructors and
ensuring tribal involvement in the creation of course materials and resources.
Continue to provide funding to support tribal Household Hazardous Waste operations and
highlight tribal case studies to inform other tribes.
Expand EPA Office of Land and Emergency Management (OLEM) work on climate change.
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6. Enforcement and Compliance for Tribal Environmental Laws
FY 23 budget request: $115.5 million
Develop and implement an agency-wide policy to include all unique tribal risks prior to
conducting program risk assessments.
Assist tribes with pilot funding and technical support for ordinance enforcement and
environmental justice.
Restore Resource Conservation and Recovery Act funding for solid waste management.
Provide funding to each region based on the regional number of federally credentialed tribal
inspectors to support tribal and EPA compliance assurance and monitoring activities.
Increase General Assistance Program (GAP) funding to $183,750 per tribe and implement the
increased spending flexibility intended by Congress and the Indian Environmental General
Assistance Program Act of 1992.
Expanded Budget Recommendations
The NTC recommendations for EPA for FY 2023 are fully described in the following six sections.
A New Era of Equity and Environmental Justice
Total FY 23 budget request: $437.25 million
There are 574 federally recognized tribes in the United States, with a collective population of more than
one million people who are both tribal citizens and U.S. citizens. Indian country consists of about 70
million acres, which equals 4% of the total U.S. land base. Tribes face many disparities when it comes to
environmental justice, such as disparate ambient air quality. The COVID-19 pandemic has further
exacerbated many long-standing inequities, leaving many tribal communities disproportionately
vulnerable to the pandemic. EPA has a role to play in ensuring parity between tribes and states to
improve human health and the environment in Indian country. For EPA to fully achieve a new era of
partnership with tribes, several considerations related to tribal funding must be addressed. EPA must act
with urgency to address climate change and resolve funding inequities, both of which result in
environmental justice challenges for tribes.
Another important partnership consideration is tribal sovereignty. The NTC asks that EPA continue to
recognize each unique and separate tribal government as the appropriate and primary authority over all
reservation lands, habitats, and ecosystems. Finally, the NTC recommends that EPA enable effective
tribal data management and promote data sovereignty by continuing to support the E-Enterprise
Leadership Council and the Tribal Exchange Network Group.
Funding
Parity in Tribal Funding: Indian country makes up 4% of the U.S. land base, yet it does not
receive adequate funding for its size. For example, in EPA's budget request for FY 2020, the
requested amount for grants to support state, local, and tribal air management programs was
$160,924, marking a significant decrease (approximately $88,000) from funded amounts in the
previous 2 years. Of the total requested FY 2020 funding amount, the proposed percentage that
would be allocated to tribes increased from prior years. However, because this percentage was
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based on a drastic decrease in the overall amount, the resulting proposed tribal allocation was
still much lower than previous years ($8,963, compared to the prior year's tribal allocation of
$12, 829). To achieve true funding parity and sustain crucial programs, tribes must receive both
an increased percentage of the overall funding amounts and a higher dollar amount.
The NTC appreciates that EPA aspires to recognize the critical needs of its partners in delivering
environmental protection to all U.S. citizens. By increasing funding to tribes and ensuring Indian
nations and Alaska Native villages receive funding comparable to EPA funding allocated to the
states, EPA can empower tribal communities in a number of important ways and address our
critical needs, such as providing employment in green energy and green jobs, improving the
quality of the environments where tribal people live and work, and sustaining traditional
lifeways. These activities are in line with the Executive Order on Tackling the Climate Crisis at
Home and Abroad, issued January 27, 2021.
Tribal Authority to Implement Environmental Regulations: Along with providing funding parity,
it is critical for EPA to ensure that tribes have the authority to design, implement, and enforce
environmental regulatory programs. Under existing environmental policies, tribal regulatory
authority is sometimes defined as Treatment in the Same Manner as a State (TAS) status.
Achieving this status requires a lengthy application and approval process and is further
complicated by additional legal burdens for tribes in certain states. In particular, Oklahoma
tribes face significant legal obstacles to achieving TAS status. Because of these circumstances, it
is imperative that funding and other assistance available to tribes not be limited only to tribes
that meet federal TAS requirements.
Ongoing Government-to-Government Engagement Between EPA and Tribes: An era of
partnership between tribes and EPA must be grounded in the government-to-government
relationship that exists between the federal government and Indian nations, including
meaningful tribal consultation that precedes the implementation of all policies that have
implications for tribes and tribal lands. Funding decisions that support this partnership must
take place against the backdrop of tribal consultation. Tribal consultation on GAP Guidance is an
example of funding-related consultation that would support this goal.
Tribal Sovereignty
Continued Recognition of Tribal Governments as Appropriate Primary Authorities: The NTC
asks that EPA continue to recognize unique tribal governments as the appropriate primary
authorities to manage and regulate reservation lands, habitats, and ecosystemsthus
upholding the 1984 Indian Policy.
E-Enterprise Leadership Council and Tribal Exchange Network Group
The E-Enterprise Leadership Council (EELC) and the Tribal Exchange Network Group (TXG; formerly the
Tribal Governance Group, or TGG) support tribes in using innovative, technology-based approaches to
managing data to protect the environment. Unlike other tribal partnership groups, the EELC and TXG are
multi-media in nature, supporting all EPA program offices.
The EELC promotes collaborative processes and tools related to data systems across EPA, tribes, and
states, while the TXG focuses on building tribal capacity to leverage the tools and solutions of the
Exchange Network (EN). EELC governance and project work is supported and funded by multiple EPA
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program projects; the TXG is supported by the Exchange Network. The NTC recommends the following
to ensure these groups can continue to operate effectively.
Investment in the Work of the Tribal EELC and the TXG: Such investment will support tribal
programs in implementing modern and efficient data management systems to collect, analyze
and share environmental data. Although GAP supports capacity building for tribal environmental
programs, this funding is not sufficient to meet needs related to advancing tribal data
management and technical capacity. Though some tribes have technologically advanced
environmental programs, many tribes lack the infrastructure or support they need to develop
and implement modern data management. Investing in this specific aspect of capacity-building
will support the federal administration's priorities related to environmental justice, climate
change, and rural and underserved communities.
Restored Funding Levels for the EN Grant Program to FY 2007 Levels or Higher. Original EN
grant funds were at $25 million annually (2002-2007) and have been incrementally decreasing,
with FY 2019 funds dropping below $9 million. Funding for the program was cut by 30 percent in
FY 2018 and cannot sustain further cuts without detriment to the services it provides.
Continued Funding for Multi-Purpose Grants Tribes request that EPA continue to fund multi-
purpose grants and ensure that eligible tribes get proper set-aside amounts, relative to states.
Tribes can leverage these funds to support key activities, such as the implementation, operation,
and maintenance of data management systems. Tribal recipients should continue to have
flexibilities to direct funds to priority areas, such as tribal data management capacity, and to
extend the longevity of tribal projects.
Support for Operations and Maintenance: The NTC recommends that EPA increase existing
sources to support this critical need for tribal data systems. EN grants support tribes in creating
new data management systems, but they do not provide for ongoing operations and
maintenance, which increase in cost over time. Support for operations and maintenance is
essential to long-term tribal environmental program capacity, since it enables staff to use their
time efficiently to compile, analyze, manage, and share environmental data. It also supports
legacy planning for tribal environmental programs, which can experience high staff turnover, by
reducing the time required to train new staff to work with existing datasets.
Tribal Data Sovereignty: Using the work of the EELC and TXG, the NTC requests that EPA create
and support standards and protocols for sharing, protecting, and managing sensitive data
related to tribal knowledge and cultural resources. Further, the NTC recommends increased
funding for outreach, engagement, and training that would support tribes in their efforts to
uphold data sovereignty and data privacy.
Data Management Training for Tribes: An additional recommendation is to increase funding
allocations for EPA staff, enabling the creation of staff positions to provide training and technical
assistance regarding data management systems to tribal environmental programs.
Air Quality and Climate Change
$26.25 million for global climate change
$33 million to uphold the Clean Air Act Sections 103 and 105 (especially indoor air)
FY 2023 request: $59.25 million
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To develop the recommended allocation amount
of $59.25 million, the NTC worked with the
National Tribal Air Association (NTAA) to identify
priorities and budget recommendations
regarding EPA-funded air quality programs,
climate change, and related issues. Over the past
year, the COVID-19 pandemic has taught many
in America about wide-ranging disparities
affecting Indian country. Tribal air quality
monitoring programs have highlighted air quality
as one such disparity by providing local public
health information showing that ambient
outdoor air quality has exacerbated the effects
of COVID-19 on tribal populations. Whether the
ambient pollution was from sources like
industrial emissions or more elusive sources, such as wildfires, synergistic impacts have been profound,
and tribal air programs have done their part to warn and protect their people from the hazards. By
distributing information to tribal communities on the Air Quality Index (AQI), guidance about how to
reduce risks from the virus, and other information, many tribes have demonstrated strong leadership in
this battle. We want EPA to recognize the enormous value of the people and programs who have done
this work.
Tribal priorities regarding air programs include the following.
Ambient Monitoring Programs and Special Projects: Most tribes who have air monitoring
programs rely heavilyalmost exclusivelyon EPA funds for their programs. GAP funds for
capacity development are often a first step, leading to Clean Air Act (CAA) Section 103 grants to
undertake a new or developing project. After that, tribes may undertake a TAS process that may
provide the opportunity for CAA Section 105 monitoring grants, limited regulatory authority, or
in some cases, full CAA-delegated regulatory programs. Currently, there are 80 tribes with CAA
Section 103 grants, 47 with CAA Section 105 grants, 61 with non-regulatory TAS, and 10 with
regulatory TAS. Of these tribes, 85 operate air monitors and 74 have up-to-date emissions
inventories. Presently, 400 major sources are permitted in Indian country, and there are 113
non-attainment areas that do not meet ambient standards.1
A tribal air quality staff member sets up a mobile air
monitor in Mounds, OK. Photo credit: April Hathcoat
1 2021 Status of Tribal Air Report, NTAA, May 2021. Appendix A, Table 3
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Air knows no boundaries; many local and state governments and federal programs use tribal air
data in their programs. The figure below shows the role of central U.S. tribes as the backbone of
data collection and sharing for EPA's Clean Air Status and Trends Network (CASTNET) program.2
Red Lake Band of Chippevta Indians
Santee Sioux Tnbie of Nebraakai
vy
Kickapbo Tribe of IndianVef4he-Ktdnipoa q
0 EPA CASTNET
0 NPS CASTNET
BLM CASTNET
Co-sponsored sites {EPA sites only)
¦ Tnbal CASTNET Sites
Created: 1/25/2021
Tribal CASTNET sites
The NTAA estimates that more than half of the monitoring equipment used by tribes is more
than 10 years old. Budget limitations in the past several years have caused many air monitoring
programs to reduce their equipment and staffing to a bare minimum, and as these pieces of
equipment require repair by qualified technicians, total numbers of monitors are reduced to
keep those most essential to programs like CASTNET. If tribes cannot repair the equipment, it
becomes obsolete, or expensive contactors are hired for repairs instead of building tribal
capacity for the long term.
2 2021 Status of Tribal Air Report. Appendix A, Table 4
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Since the Tribal Authority Rule (TAR) of 1998, funding has been somewhat flat-lined, with a peak
in 2012 of $12.49 million for tribes under State and Tribal Assistance Grants (STAG), which
includes the CAA Sections 103 and 105 grants. This funding has not accounted for the increased
numbers of tribes who operate monitors, tribes with delegated authorities, and federally
recognized tribes overall. The mantra in the last 20 years has been to "do more with less," and
some tribes have been able to do just that. The current level of STAG funding for tribes is $12.35
million. Considering inflation since the initial allocation of $11 million in 1996, that amount
would need to be $18.3 million in 2021. Even without accounting for the increase in tribal
participation, the current level falls $5.95 million short of the need. Further, if health care costs
for employees are brought into the picture, the total need rises to $31.8 million, making the
shortfall $19.45 million.3 Clearly, the inadequate allocations need to change. The figure below
shows the disparities in STAG funding since 2012.4
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Actual Tribal Funding Compared to Inflation-
Adjusted Value
Adjusted Tribal Funding
¦Actual Tribal Funding
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
Year
Tribal STAG funding compared to inflation-adjusted value
The NTC also requests continued support for the NTAA, National Tribal Forum on Air Quality,
and the Tribal Air Monitoring Support Center.
3 2021 Status of Tribal Air Report. NTAA, May 2021. Appendix A, p. Ill
4 2021 Status of Tribal Air Report. Figure 5
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Funding and Regulatory Adjustments for Addressing Climate Change: Tribes are particularly
attuned to what has been happening in the last century and culminating in our present climate
change crisis. Other agencies have helped many tribes establish climate vulnerability and
adaptation strategies, but the reduction of air pollutants must be a multi-agency, multi-national
effort. As described by the Department of Energy (DOE), tribes have the potential to be major
players in renewable energy development and air pollution reduction. As many tribes are also
seeking energy independence or energy sovereignty through micro-grids, many win-win
opportunities exist. Increases in GAP and other EPA-funded resources are needed to assist tribes
with staffing, consulting, and outreach efforts to take immediate action to address climate
change in a way that mitigates impacts on tribal lands, communities, and food sovereignty.
Further, EPA must take immediate action to curb the rollbacks that occurred during the last 4
years and get back on track. Oil and gas producers must be required to reduce emissions to the
greatest extent possible. Air pollution controls on chemical manufacturers, refineries, and
power generation facilities must be tightened. National ambient air quality standards must be
evaluated and modified. The ground-level ozone standard of 70 parts per billion should be
reconsidered and reduced. Federal Implementation Plans in Indian Country will play an
important role in implementing a holistic strategy toward addressing climate change.
Wildfire Impacts: Tribal communities often rely upon air quality programs to recommend
protections for sensitive populations and general public health, which may include stay-at-home
recommendations, school and public facility closures, or even evacuations to emergency
shelters. Tribal reliance on state and federal agencies to respond to a wildfire and address the
subsequent damage stresses those systems and often underserves tribal communities. Tribes
may lack fire-fighting capacity completely, or there may be jurisdictional issues at play that
hinder responses. Depending on the frequency with which each tribe responds to wildfires on
their lands and the remoteness of those locations, there are varying levels of ability to respond.
Information sharing, incident command participation, and air quality and meteorological data
offered by air quality programs are very important and should be funded adequately. EPA
resources for these roles in monitoring and outreach need to be increased on a tribe-by-tribe
basis.
Indoor Air Quality: Indoor air issues, such as allergens, radon, asbestos releases, excessive
moisture leading to mold growth, secondhand smoke, wood smoke, and lead-based paint
exposure are prevalent in tribal homes. Indoor air pollutants are often at much greater
concentrations than ambient air pollutants. A majority of Native Americans also continue to use
wood for heating. Many tribes struggle to meet their housing needs, and most have multi-
generational households where both elders and infants often reside in the same indoor
environmentboth of whom have unique air quality needs and health impacts. While these
issues are especially prevalent in lower-income homes, programs related to indoor air issues are
lumped into CAA 103 funding with the other air quality initiatives. We encourage EPA to fund
stand-alone initiatives to address specific indoor air quality needs.
Air Quality Needs Assessment: For the nationwide, comprehensive baseline tribal air quality
needs assessment, as outlined in the 1998 TAR, EPA will need to plan to provide funding in
future years for any needs identified in the assessment that do not fit under an existing
program. We recommend that EPA establish a team to act upon the results of the assessment
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and identify how funds can be allocated strategically and new programs and initiatives created
to follow up on the results of this exciting study.
Mobile Sources: Mobile sources of air pollution, which stem from the transportation sector,
including automobiles, trains, and airplanes, are virtually everywhere. Volatile organic
compounds, carbon dioxide and monoxide, sulfur and nitrogen oxides, and particulate matter
are the most prevalent mobile-source air pollutants. Diesel exhaust is especially prevalent and
hazardous. Tribes can be disproportionally affected by mobile-source pollutants because they
often have older vehicles that produce more emissions. When programs are created to upgrade
vehicles, it will be imperative that decommissioning is required so those vehicles are not
"reused" and permitted to continue polluting. We encourage EPA to continue to fund and
implement the Diesel Emissions Reduction Act (DERA) and, specifically, the tribal set-aside. We
also request that EPA continue to consider tribal set-asides such as the DERA set-aside when
settling legal enforcement actions, as well as to create air-quality-related supplemental
environmental projects that include tribes.
Air Quality and Environmental Justice: As with many impoverished, underserved, often-ignored
communities, tribal communities suffer from air quality environmental justice issues. Issues
including the location of a coal-fired generation station, the associated coal mine, hard rock
mining, oil and gas emissions, chemical manufacturers, and the nuclear fuel industry perpetuate
a legacy of air pollution that emerges on or flows to tribal lands. Tribal consultation and
programmatic support will be essential to addressing these issues.
Protections for Water
$30 million for tribal Multi-Media Implementation Grant Funds
$55 million for the tribal portion of CWA Section 106 funding
$21 million for the national tribal CWA Section 319 program
$18 million for the tribal portion of CWA Section 104 (b)(3) funding
$90 million or 5% SRF set-aside
FY 2023 request: $214 million
Water quality is directly connected to Indigenous lifeways, treaty rights resources, and first foods, yet
tribes face challenges protecting our water quality on many fronts. The NTC priorities for protecting this
sacred tribal resource include the following.
Capacity Building: As an example of the need for capacity-building related to tribal water
programs, the increase in tribal CWA Section 106 programs has led to a loss of capacity. Funding
for Section 106 of the Clean Water Act has decreased for many years, even as the need for it has
grown. This decrease is partly a result of additional tribes taking on CWA Section 106 programs,
and it has led to a loss of existing tribal capacity and reductions in new capacity development for
basic programmatic functions, such as retaining and training staff, funding operations, and
maintaining software and equipment.
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Climate Change: At a time of mounting threats to water quality from the warming waters,
increased floods, and rising droughts of a changing climate, tribes need to not only regain lost
funding, but receive additional financial resources to address such complex issues. Alaska Native
Villages provide an acute example of these climate-related challenges and must not be
forgotten.
Environmental Justice: Increasing tribal program funding is a fundamental part of addressing
the environmental injustice all tribes face and the loss of cultural traditions and practices that
result from damage to the chemical, physical, and biological integrity of tribal waters.
Regulatory Rollbacks: Most egregious of these regulatory rollbacks is the redefinition of
"Waters of the United States" (WOTUS), which, by omitting ephemeral streams, has allowed
some polluters to not respect tribal waters. This lack of protection has been exacerbated by the
pandemic.
Tribes need help to protect America's waters, achieve closer parity with states, and address culturally
based environmental injustices, in both funding and regulatory infrastructure. In conclusion, we, the
NTC, note that a consolidated water grant program may provide benefits for tribes and EPA that could
help address the challenges identified above by allowing more spending flexibility to protect water
resources in Indian country. Meanwhile, specific requests for FY 2023 are as follows:
5% of the Drinking Water State Revolving Fund Set Aside for Tribal Infrastructure: Increased
funding will help address the disparity of access to safe drinking water on tribal lands, where 6%
of tribal homes still lack access to safe drinking water, especially in the southwest and in Alaska.
TAS Authority and Additional Funding for Tribal Water Regulation: It is imperative that tribes
obtain TAS authority over water quality standards (WQS) and program implementation. Fewer
than 10 percent of tribes have EPA-approved WQS, compared to 96 percent of states. WQS are
the necessary foundation to engage in water pollution control activities, making this program
critical.
Targeted Funding for Tribes with Approved Water Quality Standards: The NTC recommends
establishing targeted funding for tribes with Section 303(d) TAS Water Quality Standard
programs.
Federally Promulgated Water Quality Standards Where Approved: Universal tribal WQS do not
exist, for a variety of reasons: there are numerous circumstances in which tribal authority is not
legally recognized, a tribe chooses not to apply for federally delegated authority, or a tribe finds
applying for TAS problematic. EPA should move forward on its long-discussed promulgation of
federal WQS for such situations to ensure water quality, food sovereignty, health, and
traditional lifeways are protected in Indian Country and Alaska Native Villages.
Increased Tribal Clean Water Act Section 106 Funding: To support the goal of achieving funding
parity with states and address a large unmet need, we recommend increasing the tribal portion
of CWA Section 106 funding to $55 million.
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Increased Funding forTribal Wetland Programs: Tribal peoples rely on wetlands for sustenance
and cultural vitality. The biodiversity that wetlands foster supports species intimately connected
with tribal lifeways and traditions that cannot be replaced. Furthermore, across the nation,
wetlands are threatened by rising sea levels, drought conditions, and other factors associated
with climate change. Thus, we recommend that EPA increase CWA Section 104 (b)(3) funding to
$18 million.
Support Tribal Access to Program Funds from Section 319 of the Clean Water Act: We ask that
EPA strengthen tribal partnerships by permanently eliminating the percent cap for tribes and
provide parity with states for CWA Section 319 funding. To that end, we recommend that EPA
increase the national budget for this program to $21 million.
Toxics and Chemical Safety
$5.25 million for the Tribal Pesticide Program {Federal Insecticide, Fungicide, and Rodenticide Act)
$5.25 million for the National Tribal Nonpoint Source Pollution Control Program
FY 2023 request: $10.5 million
The NTC requests this sum to ensure chemical safety, prevent pollution, and protect traditional food
sources, medicines, and cultural practices. Priorities related to these topics include pesticides and toxics.
Pesticides
Agricultural programs are the economic backbones of many tribes. Because the use of pesticides is an
important tool for agricultural programs, funding for assessing the need for and implementation of
pesticide activities and programs is a critical concern for tribes. Absent funding, tribes can find
themselves in a precarious situation where they do not have a clear understanding about the pesticides
in and near their communities and the adverse impacts that such pesticides may be having on tribal
members and the environment in which they reside.
Tribal Pesticide Program Council (TPPC) and NTC recommendations include increased funding for tribal
pesticide programs, along with regulatory assistance to reduce harm to agricultural workers, tribal
natural resources, and tribal citizens. The NTC also asks that EPA deliver integrated pest management
programs to tribal communities to address emerging invasive species threats. The NTC makes the
following specific requests:
Assist Tribes with General Pesticide Issues: The NTC asks EPA to strengthen existing tribal
pesticide programs and expand programs to tribes not currently covered by doing the following.
Creating more guidance for pesticide programs and other pesticide-related activities
and items, such as pesticide sampling, equipment, and laboratory fees.
Establishing and enhancing the sustainability of pesticide programs.
Increasing tribe-specific training on the Federal Insecticide, Fungicide, and Rodenticide
Act; conducting inspections; and addressing tribal issues and challenges.
Developing new technologies that will enable tribes and their pesticide staff to address
pesticide-related issues more effectively and efficiently.
Address Pollinator Decline Issues: The NTC asks that EPA provide funding to assist tribes in
developing and implementing pollinator protection plans in accordance with EPA guidance. EPA
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should also organize and facilitate meetings with stakeholders to discuss and devise effective
communication strategies around addressing the decline of pollinators.
Toxics
Tribes are increasingly vulnerable to the impacts of toxic chemical exposure because tribal people rely
upon healthy, safe ecosystems to sustain their indigenous lifeways, health, and treaty rights, and to
provide the natural resources that are used in tribal cultural practices. This includes access to clean
water, healthy traditional food sources, natural medicines, pesticide- and herbicide-free indigenous
plants for weaving, and contaminant-free clay for pottery. Tribal ecosystems have been degraded by
legacy contaminants and the continued release of recognized but unregulated chemicals like flame
retardants and endocrine-disrupting compounds. Therefore, the NTC asks that EPA do the following.
Assist Tribes with Tribal Exposure Scenarios: While the NTC appreciates that EPA recognizes
tribal sovereignty, it is often difficult to incorporate tribal exposure scenarios into federal and
state policies. Studies related to Indigenous lifeways are often politicized, criticized, and
manipulated by the non-tribal public because it can be difficult to understand subsistence
cultures in an age of increasing consumerism. Tribes need EPA support as they continue to seek
to restore traditional practices and resources for usual and accustomed hunting, fishing, and
gathering sites.
Ensure Chemical Safety in Indian Country: Goal 4 of EPA's Strategic Plan includes the objective
(4.1) of ensuring chemical safety. For this objective to be achieved in Indian Country, the NTC
recommends the following actions:
Increase Support for the Toxic Substance Control Act (TSCA) Lead Program Among
Tribes: The Lead Program is the only TSCA program that tribes have the authority to
administer and implement, but it is severely underused by tribal governments. Local
implementation is critical, occurring through the regional and local levels. The NTC also
recommends that EPA provide additional outreach and technical assistance to tribes on
the TSCA Section 402/404 Lead-Based Paint Renovation Programs and fund a national
tribe-to-tribe mentor program to engage more tribes in administering these programs.
Identify Tribe-Specific Exposure to Toxics: National chemical risk management policies
must fully consider tribal exposure data, existing body burden levels, and data assessing
the risks to tribes. The NTC recommends funding for tribes to conduct toxics monitoring,
risk assessments, and bio-monitoring studies, including results for unique tribal chemical
exposures. Supplemental funding is needed to perform the information gathering that
EPA currently requires. The NTC further recommends funding for the evaluation of
synergistic interactions among multiple contaminants during exposure assessments to
protect tribes and traditional lifeways. The NTC also recommends support for tribal
colleges and universities in increasing education on tribal toxic chemical exposure,
including research and educational efforts necessary to understand tribal and cultural
assessments and continued support of the Science to Achieve Results program.
Develop Local Ordinances: The NTC recommends that EPA fund training for tribal
governments and staff on ordinance development to reduce the exposure of tribal
citizens to chemicals in consumer products and community building and housing
materials.
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Network, Collaborate, and Provide Outreach with and to Tribes: EPA's Tribal
Partnership Groups, like the National Tribal Toxics Council (NTTC), are critical links
between EPA and tribal communities. Increased funding is needed for the NTTC to
develop outreach materials that engage tribal communities in chemical management;
currently complex technical subjects are not currently explained in lay terms within
these materials. Additionally, the NTC recommends providing funds for tribal training to
build basic "program capacities related to the federal asbestos, pesticides, and toxics
programs and evaluate the type of related issues that may be facing the community," as
recommended in GAP Guidance. Training is essential for tribes to learn how to gather
relevant data they can use to make program development decisions. Training should
include engaging tribal communities on chemical safety and pollution prevention issues.
Promote Pollution Prevention in Indian Country: Goal 4 of the Strategic Plan also includes the
objective (4.2) of promoting pollution prevention. To achieve this goal in Indian country, the NTC
recommends that EPA prioritize the implementation of pollution prevention (P2) solutions
specific to tribal needs by developing P2 program policies and procedures that make use of
available tribal exposure data and existing body burden levels, and by developing P2 program
priorities that align with tribal community P2 priorities. The NTC also asks that EPA provide
multi-year grant resources for tribe-specific P2 grants that waive all fund-matching
requirements and fund toxic source and waste reduction activities to enhance the
implementation of integrated solid waste management programs in Indian country.
Provide Resources to Prevent Pollution and Ensure Chemical Safety: The NTC asks that EPA
fund or conduct community-based research, including, but not limited to, consumption surveys,
toxics monitoring, risk assessments, and bio-monitoring studies. Also, EPA should improve
outreach efforts to engage tribal communities in chemical regulation and management,
including pollution prevention. Specifically, the NTC recommends that EPA provide measurable
outreach and technical assistance to tribes on TSCA Section 402/404 Lead-Based Paint
Renovation Programs and prioritize the implementation of P2 solutions specific to tribal needs.
Fully Consider Tribal Populations as a Potentially Exposed or Susceptible Sub-Population
Group: The NTC recommends that EPA quantify and monetize tribal exposures to toxics through
their TSCA authority. This should continue to occur in risk evaluations and risk management
actions.
Collaboration and Partnerships
FY 2023 request: $31.5 million
The NTC recommends this sum to clean up and close dumps and support waste management activities
in accordance with the Resource Conservation and Recovery Act. We also ask that EPA recognize that
the GAP funds cannot be the sole funding source for capacity building and implementation in addressing
the quiet crisis of solid waste in tribal communities. The NTC makes the following specific
recommendations.
Expand Tribal Access to the EJ Screen: The NTC asks EPA to broaden current efforts to assist
EPA offices that are historically "data poor" in being added to the EJ Screen, to better assist
tribes and EPA in ongoing environmental justice activities. Specifically, the NTC recommends
that EPA do the following.
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Investigate the possibility of using new environmental justice funding to increase the
number of tribal and federal professionals engaged in compliance assistance and
monitoring work, as well as cleanup work to meet tribal standards at sites of concern.
Integrate the tenets of the Precautionary Principle with traditional risk assessment
paradigms when initiating OLEM-related actions, initiatives, and regulations to support
EPA's priorities of addressing the effects of global climate change and environmental
justice: issues that significantly affect Native nations and communities.
Increase and document the use of Traditional Ecological Knowledge (TEK), as defined by
tribes, related to exposures, remediation, and mitigation that is consistent with
culturally significant and customary practices, while respecting tribal data sovereignty.
Participate in Resilience Planning Activities Hosted by Tribes: Such participation will help
federal colleagues increase their understanding of tribal priorities and concerns and will
strengthen their relationships with tribal colleagues. Specifically, the NTC recommends that EPA
do the following.
Leverage resources that support increased tribal capacity to interact in leadership roles
for prevention planning, climate resilience, mitigation, response, and recovery. These
leadership opportunities should include having tribal participation on advisory and
oversight boards, increasing access to technical and scientific mentoring possibilities,
and creating additional opportunities for tribal professionals to share their perspectives
and participate as peers with their government colleagues.
Continue to enhance the tools developed by EPA E-Enterprise activities and integrate
them into existing and future EPA projects.
Provide direct support to tribes in their work on food waste as they address food
sovereignty and security and encourage them to work with other federal agencies, such
as the U.S Department of Agriculture.
Increase Funding for Tribal Response Programs for Brownfields: Brownfields in Alaska must be
included in this funding. The NTC recommends that EPA take the following actions, specifically.
Solicit from tribes suggestions on how evaluation criteria can be changed to enable
tribal programs to conduct more site improvements, including reuse based on their
specific needs, as part of their grant-funded programs.
Increase the number of acres assessed or cleaned up under Sections 104 or 128 of the
Comprehensive Environmental Response, Compensation and Liability Act on lands
defined by tribal treaty, customary and traditional use areas, and traditional cultural
properties.
Conduct additional outreach to tribes about the use of 128(a) funds for pre-disaster
assessments.
Provide the Tribal Waste and Response Steering Committee with information on the
number of tribes assisted by service providers and, when possible, case studies on the
results of these assistance activities.
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Provide Resources for Managing Underground Storage Tanks: The NTC recommends that EPA
broaden training opportunities and outreach in Indian country across all programs to improve
understanding of underground storage tank (UST) issues. The NTC also recommends that EPA do
the following.
Create a collaborative task force of tribal professionals, EPA staff, and subject matter
specialists to identify ways to improve compliance rates at tribal UST facilities.
Engage owners/operators about what tools
they need to achieve compliance and assist
in the creation of site-specific training and
guidance to meet these needs.
Foster opportunities for tribal professionals
to mentor one another directly as an
additional way to improve compliance rates
at tribal UST facilities.
Create more opportunities for tribal
participation in Direct Implementation
Tribal Cooperative Agreements (DITCAs)
and for tribes to receive STAG funding to
provide base funding and flexibility.
Assist Tribes with Superfund Sites: The NTC recommends that EPA take the following actions to
support tribes in addressing Superfund sites.
Engage the Office of Water and Office of
Superfund with tribes at the national and
regional levels during the development of
remedial investigations, feasibility studies,
remedial design, and implementation phases.
Recognize and respect that tribal standards and
tools used by tribal Superfund programs are
critically important in protecting downstream
waters, lands, and traditional lifeways.
Ensure tribal data is secure and considered in
decision making.
Increase funding to support tribes in the development of their own tribal Superfund
cleanup programs and their capacity to oversee, coordinate, and administer Tribal
Remedial Response Cooperative Agreements, including local tribal cultural resource
monitoring with EPA on National Priorities List sites.
Ensure commensurate funding for Superfund Management Assistance Grants and
increase awareness of their availability.
Improve Emergency Response Collaboration: The NTC recommends that EPA take the following
actions toward collaborative, effective emergency response.
Treatment Plant at Coeur d'Alene Basin
Cleanup Superfund Site
Coeur d'Alene Basin Cleanup Superfund Site
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Address concerns in Indian country regarding above-ground storage tank issues and
increase inspections of these facilities to ensure compliance with regulations.
Clearly define EPA involvement in emergency response activities, including across OLEM
offices, as well as articulating where other federal agencies play roles
Encourage EPA personnel to participate in regional Federal Emergency Management
Agency exercises and work with tribal colleagues to foster cross-agency cooperation and
communication.
Encourage tribal environmental emergency response programs to be involved with their
regional and local response agencies through Local Emergency Planning Committees.
Facilitate tribal use of National Response Center communications and outreach tools at
national and local levels.
Enforcement and Compliance for Tribal Environmental Laws
FY 2023 request: $115.5 million
The NTC asks that EPA provide $115.5 million for GAP funds, establishing a new GAP funding formula
base at $183,750 per tribe. This adjustment would enable tribes to establish and implement
environmental protection programs under Section 502(d) (1) of the Indian Environmental General
Assistance Program Act (as amended) and as Congress intended. The NTC further recommends that EPA
do the following.
Incorporate Tribal Risks in Risk Assessments: Develop and implement an agency-wide policy to
include all unique tribal risks prior to conducting program risk assessments.
Allocate Funds Based on Numbers of Tribal Inspectors: Provide funding to each region, based
on the number of federally credentialed tribal inspectors, to support tribal and EPA compliance
assurance and monitoring activities.
Promote EPA's Enforcement and Compliance Support to Tribes: Increase awareness of the
compliance and enforcement assistance available to tribes from the EPA Office of Enforcement
and Compliance Assurance.
Address the Most Highly Exposed and Disproportionately Impacted Populations: EPA should
develop and implement a formal, agency-wide directive on evaluating tribal exposure pathways
to address these populations. We recommend including tribal exposure pathways in risk
assessments of toxic chemicals and in clean-up standards.
The NTC believes that institutionalizing the evaluation of tribal exposure pathways is a priority
for Air Quality (EPA Strategic Plan Goal 1), Water Quality (EPA Strategic Plan Goal 2), Clean-Up
Standards for Contaminated Sites (EPA Strategic Plan Goal 3), Toxic Chemicals in Consumer
Products (EPA Strategic Plan Goal 4), and Environmental Justice (EPA Strategic Plan Goals 1-5).
Remain Engaged with Tribes on a Government-to-Government Basis: The NTC recommends
that EPA do the following.
Continue participating in tribal meetings and conferences.
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Institutionalize the consideration of treaty rights and cultural resources in all EPA
decisions.
Ensure that cooperative agreements and memoranda of understanding with states
always include a language requirement to "consult and coordinate with tribes."
Recognize the nation-building aspect of tribal governments and associated challenges to
sustainability.
Conclusion
It is our vested responsibility to work with this new administration to restore crucial losses from
previous budget cuts. The NTC respectfully urges Administrator Regan to maintain and continue work on
institutionalizing EPA's programs on tribal lands. As we know, tribes are expected to do more with less
funding than states, a serious and unfair disparity. The NTC looks forward to working closely with EPA
through the American Indian Environmental Office and the Office of International and Tribal Affairs in
helping to make our requests a reality, and in moving toward a new era of government-to-government
partnerships between tribes and EPA. Thank you for your thoughtful consideration of these crucial
budget requests.
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