Module Objectives
Selected Presidential Orders Affecting Treatment of Native Americans
EPA Indian Policy of 1984
Additional EPA Tribal Policies and Guidance
Eligibility of Tribes to Manage Environmental Programs
Process to Assume Federal Environmental Programs
EPA's Tribal Program: Overview
EPA's Tribal Program: Building Tribal Capacity
EPA's Tribal Program: Partnership for Tribal Assumption of Federal
Environmental Programs
EPA's Tribal Program: Direct Implementation by EPA of Environmental
Statutes
EPA's Tribal Program: Enforcement of Federal Law or Tribal Regulations
Organization of EPA's Indian ProgramOther EPA Groups and Organizations
with Tribal Responsibilities
Tribal Operations in Other Government Agencies
Knowledge Checks
Exit Topic
Many factors and considerations guide when and how EPA staff members work with tribes. These factors and considerations include, but are not limited to: Executive Orders from various Presidents, EPA Indian policies, environmental laws, cultural factors that affect how Native Americans conduct business, and the body of federal Indian law.
As we discussed earlier, federal Indian law requires specialized knowledge to work effectively with tribes, which is often different from that needed to work with states. This includes knowledge about treaties, the federal trust responsibility, and unique and legal relationships.
This module will familiarize you with some of the key information and considerations, and help you understand their implications for the EPA and its partnership with tribal governments.
In this module, you will learn about:
Read on for a list of federal and EPA Indian policies.
Each President since Nixon has provided guidance for government agencies on working with tribes. Each of these executive documents has supported the federal policy of self-determination.
President Clinton issued a series of important orders that had implications for the EPA and its relationships with tribal groups.
The Bush Administration has also supported these concepts and has reaffirmed the Agency's Indian Policy.
President Clinton's April 29, 1994 memorandum entitled, "Government-to-Government Relations with Native American Governments", required federal agencies to consider the effects of their actions on the rights of Native Americans. It highlighted the unique legal relationship the federal government has with American tribal governments as set forth in the Constitution, treaties, statutes, and court decisions.
Executive Order 13084 on Consulting and Coordinating with Tribes was issued in August 1998 to supplement the April 1994 memorandum on government-to-government relations. It provided further guidance concerning federal regulations that would affect Native American tribes.
Executive Order 13175 on Consultation and Coordination with Indian Tribal Governments, issued on November 6, 2000, replaced Executive Order 13084. This new order was intended to establish regular and meaningful consultation and collaboration with tribal officials in the development of federal policies that have tribal implications, to strengthen the U.S. government-to government relationship with Indian tribes, and to reduce the imposition of unfunded mandates upon Indian tribes.
Executive Order 12898 and its accompanying memorandum were issued in February 1994. This order focused federal attention on environmental and human health conditions in minority and low-income communities, and explicitly included eligible Native Americans.
Executive Order 13007, issued in May 1996, provided guidance for land management agencies concerning access to and protection of Native American sacred sites.
Read on for more details about these executive orders and memoranda.
This memorandum directed federal agencies to do the following:
Select this link to access
the Executive Memorandum on Government-to-Governments Relations
This order, which supplements the memorandum of April 1994, directed federal agencies to do the following:
Select this link to access Executive Order 13084 on Consulting and Coordinating with Tribes
This order was intended to do the following:
This order and its accompanying memorandum specified the following:
While the order ensured the inclusion of eligible Native American groups, it is important to keep in mind that the application of environmental justice to tribes still requires recognition that they are different from other minority groups because of the unique legal status of tribes.
Select this link to access Executive Order 12898 on Environmental Justice
Key provisions:
Select this link to access Executive Order 13007 on Sacred Sites
EPA administrators and senior management have created a large body of guidance within the Agency on working with Native American tribes.
In 1984, the EPA became the first federal agency to adopt a formal Indian Policy.
This policy provides guidance to EPA staff and managers, and sets out a framework on how to work with tribal governments. The policy also provides guidance in responding to the problems of environmental management on Indian reservations in order to protect tribal health and environment.
To ensure that the EPA gives appropriate consideration to tribal interests and involvement, nine principles are outlined in the EPA Indian Policy to guide EPA staff. These principles guide EPA staff to . . .
Every EPA Administrator since 1984, up through Administrator Christine Todd Whitman in 2001, has reaffirmed EPA's Indian Policy.
In addition the Agency has provided further guidance to strengthen tribal operations.
On July 14, 1994, Administrator Carol Browner issued a memo to strengthen EPA's tribal operations. In this memo she outlined steps to promptly strengthen the agency's tribal programs. Two key features were the establishment of the EPA Tribal Operations Committee (TOC) and the creation of the EPA American Indian Environmental Office (AIEO).
EPA's 2003 Strategic Plan, together with program and regional related plans, provides additional guidance on working with tribal groups, as do other concept papers, strategy documents, and memorandums of understanding with other government agencies.
Select this link to access Whitman's 2001 reaffirmation
Select this link to access EPA's 2003 Strategic Plan
Read on for more information about other memoranda and concept papers.
This memorandum established the following organizations within the EPA:
The memo resulted in the following action items to strengthen the EPA's tribal programs:
This concept paper encourages coherent and consistent regulation on Indian reservations, recognizes that the differences between tribal and state governments can be sensitive and far-reaching, and directs EPA staff to promote cooperative approaches to environmental problems.
This memorandum of understanding outlined an agreement among the four agencies to identify areas of mutual interest and responsibility and to encourage the coordination of the Agencies' activities, in partnership with the tribes, to promote the most efficient and integrated use of resources.
This document outlines initiatives to increase public participation and environmental protection for American Indians and other indigenous communities. It also states that EPA is to take into account cultural use of natural resources when conducting environmental research and other activities.
Historically, environmental statutes have provided the opportunity for states to apply for the ability to manage EPA programs on their own through a program approval process.
As you are aware, tribal governments, by virtue of their inherent sovereignty, have the right to exercise tribal authority to regulate their members and territory.
How, then, does the EPA treat tribes, with respect to the implementation of environmental programs in accordance with federal environmental laws?
The answer is that the treatment and eligibility of tribes vary under different environmental statutes.
Some legislation explicitly authorizes the EPA to treat Indian tribes as eligible to receive grants, and to manage programs for which states may also be eligible. The Clean Water Act (CWA) the Safe Drinking Water Act (SDWA) and the Clean Air Act (CAA) all fall in this category.
Still other statutes specify some role for tribes under particular provisions. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Comprehensive Environmental Recovery, Compensation, and Liability Act (CERCLA) fall into this category.
FIFRA allows for cooperative agreements within the EPA for enforcement, and for tribes to obtain the ability to certify applicators of pesticides.
CERCLA provides that tribes may be treated substantially the same as states under several provisions.
In several instances, the EPA has reasoned that even though Congress has not specifically provided for tribal assumption of environmental programs, the Agency has the discretion to approve tribal programs. The Toxic Substance Control Act (TSCA) and the Emergency Planning and Community Right-to-Know Act (EPCRA) are silent on tribal roles, but have been addressed in EPA rule making under these acts.
In the case of the CAA, the EPA issued the Final Tribal Air Rule in February of 1998, specifying those provisions of the Clean Air Act for which tribes may be treated in the same manner as states.
EPCRA has been interpreted to allow tribes to develop a local rule for coordinating emergency response, and to report either to the state or directly to the EPA, as states do.
The Resource Conservation and Recovery Act (RCRA) has not been amended to make tribes eligible to manage programs for which states are eligible, and the EPA may not interpret it to do so. However, tribes may apply to the EPA to waive certain federal requirements for reservation landfills.
To summarize, tribes have opportunities to apply for eligibility to manage environmental programs under the Clean Water Act, the Safe Drinking Water Act, and the Clean Air Act. Tribes may play important roles under the Federal Insecticide, Fungicide, and Rodenticide Act and the Comprehensive Environmental Recovery, Compensation, and Liability Act. In addition, EPA regulatory authority offers tribes some opportunities to apply for eligibility under the Toxic Substance Control Act and the Emergency Planning and Community Right-to-Know Act. Tribes are not eligible to manage environmental programs under the Resource Conservation and Recovery Act.
Eligibility to receive grants and manage programs involves a process for tribes to assume federal environmental programs.
This process is referred to in several statutes as Treatment as a State (TAS).
The Treatment as a State requirements were first called for in the 1986 Safe Drinking Water Act and 1987 Clean Water Act Amendments. Later the Agency adopted the term "treatment in the same manner as a state".
The original TAS process included two steps required for each program approval: an eligibility determination step and a program approval step.
To be considered for eligibility, the statutes require that a tribe meet four criteria: It must be federally recognized, have a governing body carrying out substantial duties and powers, have adequate jurisdiction, and have the capability to carry out the proposed activities.
In December 1994, the EPA issued the TAS Simplification Rule, amending rules under the Clean Water Act and Safe Drinking Water Act to simplify the process for qualifying Indian tribes for program approval.
The regulations were amended to eliminate separate steps for eligibility determinations and program approvals.
The statutory eligibility requirements are now reviewed as an integral part of processing of tribal application for program approval.
Further, under this rule, the EPA eliminated the need to meet all four criteria each time the tribe applies for a program. In general, once a tribe has been deemed eligible for one program, it need only establish that it has jurisdiction and capability for each subsequent program.
If the tribe does not have capability, it must have a plan for acquiring capability over time. This is required because each program may require different skills and activities to provide protection that meets the requirements of specific statutes and regulations.
The term TAS is somewhat misleading and may be offensive to some tribes. To the extent possible, the rule amends existing regulations to discontinue the use of the term "treatment as state." Since this phrase is included in several statutes, its use is occasionally unavoidable.
To implement its mission in accordance with the mandates from environmental legislation, Presidential directives, the body of Indian law, and EPA Indian Policy, the EPA operates a multifaceted tribal program.
The EPA works to build tribal capacity to assume and manage environmental programs.
The EPA supports tribes as they undertake the task of managing environmental programs.
When tribes cannot or do not want to manage environmental programs, the EPA should directly implement these programs.
And finally, the EPA is responsible for compliance and enforcement of either tribal environmental regulations or federal environmental laws.
The following screens address each of these key tribal program components.
However, in addition to these components of EPA's tribal program, many offices within the EPA have also initiated efforts to respond to tribal issues and concerns.
Select this link to access current EPA initiatives
Guiding Principle 3 of the EPA Indian Policy states that the Agency will take affirmative steps to encourage and assist tribes in assuming regulatory and program management responsibility for reservation lands.
The first step is to help tribal nations build their own internal capacities to manage environmental programs.
Building tribal capacity involves providing tribes with financial assistance, as well as with technical assistance such as information, infrastructure for tribal administration of environmental programs, and training.
A significant source of financial assistance for building tribal program capability is through the Indian Environmental General Assistance Program Act (GAP). GAP provides funds to federally recognized tribal governments and inter-tribal consortia to build capacity to administer environmental programs and to provide technical assistance from the EPA in the development of multi-media programs. GAP does not call for a TAS process.
A variety of categorical or programmatic grants is available to tribes under specific media statutes, as well as for specific projects under other Agency programs.
Performance Partnership Grants (PPGs) are multi-program grants that allow tribes the flexibility to address their highest environmental priorities across media. PPGs provide tribes with an option to combine funds from two or more specified categorical grants into one comprehensive grant. Besides providing tribes flexibility, this combined grant mechanism reduces the administrative burden of managing several grants rather than one.
The EPA provides training and technical assistance to tribes, and provides guidance on developing and implementing environmental programs. This assistance is accomplished in a variety of ways.
The EPA hosts tribal interns to work at the EPA to acquire an understanding of EPA programs and bring this knowledge back to Indian country.
The EPA provides tribes with Agency guidance documents and technical resource information.
EPA staff goes on-site in Indian country to provide hands-on technical expertise and compliance assistance. Some programs and regions employ circuit riders who are available to travel from tribe to tribe providing technical assistance.
The EPA hosts training programs for tribal staff on environmental statutes and programs.
Read on for more information about GAP, programmatic grants, and PPGs.
Target
Federally-recognized tribal governments and inter-tribal consortia.
Authorization
Indian Environmental General Assistance Program Act
Purpose
Importance
GAP is the cornerstone for fostering tribal capacity because it provides tribes with an opportunity to build a core environmental program and prioritize environmental problems.
Eligible Capability Building Activities
Target
Eligible tribes
Authorization
Eligibility
For tribes to receive funding under certain grants, they must establish their eligibility for "treatment in the same manner as a state" under the specified statutory or regulatory criteria.
Target
A tribe, intertribal consortia or state agency
Source
Funds allocated and otherwise available for categorical grant programs
Purpose
A tribal government is generally the appropriate non-federal authority for setting standards and protecting the environment and public health in Indian country.
When a tribe receives approval for managing environmental programs, the tribe is recognized as the principal party for performing official activities under federal environmental laws, as specified in Principle 2 of the Agency's 1984 Indian Policy, which states:
Recognize tribal governments as the primary parties for setting standards, making environmental policy decisions, and managing programs for reservations, consistent with Agency standards and regulations.
In addition to recognizing the primary role of tribal governments, EPA's role in this partnership includes providing technical assistance and federal funding whenever possible, identifying and removing legal and procedural impediments to working effectively with tribes, and monitoring the program to ensure that it continues to meet federal standards.
As tribes move to develop environmental protection programs within Indian country, they usually undertake four important steps:
One, develop an environmental program with trained staff, equipment and resources.
Two, establish the necessary statutory framework by passing tribal environmental codes.
Three, draft the necessary regulations.
Four, establish an administrative body, if one does not already exist, that can ultimately seek tribal administrative or judicial sanctions to enforce the tribal law.
To assume many of EPA's major grant or regulatory programs, tribes may need to go through the "treatment in the same manner as a state" process.
States often challenge tribal jurisdiction to regulate activities of non-Indians on non-member owned fee lands in Indian country, particularly on reservations with large non-Indian populations.
For example, Montana challenged the EPA's February 1995 approval of the application of the Confederated Salish and Kootenai Tribe for program authorization under Section 303 of the Clean Water Act, Water Quality Standards, for all surface waters within the boundaries of the Flathead reservation. The approval was the first time that the EPA recognized tribal authority for a regulatory program over non-tribal member activities on fee lands.
The Ninth Circuit Court of Appeals has affirmed the EPA's decision. The state of Montana is seeking review by the Supreme Court.
When tribes cannot, or choose not to assume certain activities under the EPA's programs, the EPA engages in what is referred to as direct implementation.
Explicit language in the EPA's Indian Policy, under Principle 3, clearly identifies direct implementation as a responsibility of the Agency unless Congress has expressly granted jurisdiction to the state government.
As an example of direct implementation, the EPA would be responsible for issuing permits, providing compliance assistance, and enforcement activities for the regulated community in Indian country.
Direct implementation can be part of a phased approach with the tribe, along with capacity building and program delegation.
It is very important that the EPA's direct implementation of environmental programs in Indian country be done in accordance with the EPA Indian Policy.
For example, even though the EPA has primary responsibility for implementing these programs, Agency staff still have the responsibility to consult with tribal governments regarding any activities on their lands.
Therefore, all direct implementation work should be done in consultation with, and involvement from, the tribal government.
The EPA also has a trust responsibility regarding the protection of tribal off-reservation rights. In addition to pollution control, through the National Environmental Policy Act (NEPA) process and other vehicles, the EPA looks out for the natural resources and sovereign rights of tribal nations.
Direct implementation of environmental programs on Indian lands faces a number of challenges.
These include, inadequate identification of facilities on tribal lands, insufficient allocation of EPA staff resources to do the work that is of full-time-equivalents (FTEs), conflicts with states over jurisdiction, lack of internal EPA expertise because work has been traditionally delegated to the states outside of Indian country, tribal resistance to EPA presence on Indian lands, and complications with tribally-owned facilities.
Despite current challenges to direct implementation of environmental programs on Native American lands, there are successes.
For example, many regions assist with the regulation of drinking water sources and of underground injection wells that can affect drinking water, surface water, and ground water sources.
Select this link to access regional and program examples of direct implementation successes
Read on for the EPA Indian Policy language on direct implementation.
EPA Indian Policy, Principle 3, clearly identifies direct implementation as an Agency responsibility:
"Until tribal governments are willing and able to assume full responsibility for delegable programs, the Agency will retain responsibility for managing programs for reservations, unless the State has an express grant of jurisdiction from Congress sufficient to support delegation to the State government."
One of the main components of environmental programs in Indian country is the enforcement of either tribal environmental regulations or federal environmental laws.
Enforcement includes activities such as inspections, permitting, compliance monitoring, and other efforts to encourage compliance with environmental standards.
Environmental programs established by the tribe must be approved under federal environmental statutes. To be approved, the programs must meet all national standards and regulations. Tribal programs, however, may be more strict than national standards in protecting against environmental degradation.
Issuing and enforcing tribal rules and permits enables tribes to maintain their own environmental standards and regulations.
For those programs where tribes cannot or do not develop a tribal regulatory framework, federal environmental laws may be enforced in federal court.
In some cases, a tribe may perform many activities involved in environmental programs but leave enforcement up to the EPA. For example, tribes need to rely on the EPA to perform criminal prosecution in cases where they lack criminal enforcement authority. Such arrangements can be made through Direct Implementation Tribal Cooperative Agreements (DITCAs), which enable federally recognized tribes and eligible inter-tribal consortia to directly implement federal environmental programs in Indian country under EPA authority. The Agency hopes and anticipates that DITCAs will play an increasingly prominent role in the implementation of environmental protection in Indian Country.
Regional enforcement activities should be consistent with the President's directive that each federal agency consult with tribal governments, to the greatest extent practicable, prior to taking actions that affect an Indian tribe.
Read on for more information on DITCAs.
Authorization
DITCAS were initially authorized in the FY 2001 Appropriations Act (Public Law 107-73, 115 Stat. 686 (2001)).
Purpose
To enable federally recognized tribes and eligible intertribal consortia to directly implement federal environmental programs in Indian Country under EPA authority
To provide another avenue for tribes and EPA to realize meaningful environmental protection in Indian Country, recognizing that some tribes may be unwilling or unable at present to implement environmental programs under tribal authority through EPA's "Treatment in a manner similar to states" (TAS) process
To provide tribes with flexibility to develop staff capacity to manage environmental programs, to address specific tribal environmental needs and priorities, and to determine scope and pace tribal involvement through DITCA workplans
The Agency hopes and anticipates that DITCAs will play an increasingly prominent role in the implementation of environmental protection in Indian country.
EPA's Indian Program is implemented primarily by EPA Regions and Headquarters Program Offices.
The American Indian Environmental Office (AIEO), organizationally located in the Office of Water, is responsible for coordinating the Agency-wide effort to strengthen public health and environmental protection in Indian country. This office is the cornerstone of the Agency's Indian Program.
The AIEO works in conjunction with the headquarters programs and National Program Managers (NPMs) and its regional components.
AIEO oversees development and ensures implementation of the Agency's Indian Policy across the Agency.
AIEO strives to ensure that all EPA headquarters and regional offices implement their portions of the Agency's Indian Program in a manner consistent with EPA's trust responsibility regarding the protection of tribal health and environments.
As part of its responsibilities, the AIEO works with the programs, regions, and tribes to ensure that tribal priorities are considered in budget deliberations; develops tools to assist tribal environmental managers in their decisions on environmental priorities; develops training curricula for EPA staff on how to work effectively with tribes; and works to improve communications between the Agency and its tribal stakeholders.
Federally-recognized tribes reside in nine of the ten EPA regions. Region III is the exception, although there are a few state-recognized tribes in this region.
EPA regional offices have the primary responsibility for direct implementation of Federal EPA Programs on Indian lands.
EPA regional offices typically provide technical assistance and guidance to tribes as the tribes work to build their own capacity to manage environmental programs.
Each EPA region has a tribal program component with an appointed regional Indian Coordinator who is responsible for overseeing the implementation of the EPA Indian Policy. Some regions have established an Indian Program Office.
In addition to the AEIO and EPA regional offices, the EPA Indian Program includes a number of other groups.
The Tribal Operations Committee (TOC) consists of tribal leaders or their environmental program managers and members of the EPA's senior leadership team. The TOC meets to discuss implementation of environmental protection programs for which EPA and the tribes share responsibility as co-regulators.
Regional Tribal Operations Committees (RTOCs) help to maintain open and consistent communication among tribes and between tribes and EPA senior management.
The Indian Program Policy Council (IPPC) consists of EPA's senior management who are representatives to the Tribal Operations Committee, excluding the Administrator and Deputy Administrator, or their SES designees. The mission of the IPPC is to advise and support the Agency on major policy, science and implementation issues affecting EPA programs and activities in order to enhance protection of the environment and human health in Indian country. The IPPC Steering Committee is comprised of EPA mid-level management and national Indian program experts -- one appointed by each IPPC member -- generally to identify issues and recommendations for IPPC action.
The National Indian Workgroup (NIWG) is composed of EPA headquarters, program, and regional program personnel to facilitate and coordinate efforts to prioritize and facilitate tribal environmental programs.
The National Indian Law Workgroup (NILWG) composed of EPA legal and policy staff is the legal counterpart to the NIWG. The NILWG discusses Indian law issues related to environmental protection and facilitates information exchange.
The American Indian Advisory Council (AIAC) organized under the Office of Civil Rights, recommends actions to address concerns of Indians in the EPA workforce and Indian tribes for which EPA acts as a trustee.
The National Environmental Justice Advisory Council (NEJAC) includes an Indigenous People's Subcommittee that consists of tribal government representatives who review and make recommendations about EPA actions for environmental justice.
The Tribal Pesticide Program Council (TPPC) provides a vehicle for tribes to voice opinions on national pesticide policies and raise tribal pesticide issues to federal attention.
The Forum on State and Tribal Toxics Action (FOSTTA) is a partnership to increase understanding between the Office of Prevention, Pesticides, and Toxic Substances and state and tribal leaders.
The mission of the Tribal Science Council (TSC) is to provide a forum for interaction between Tribal and Agency representatives of mutual benefit and responsibility to work collaboratively on environmental scientific issues.
The Tribal Association for Solid Waste and Emergency Response (TASWER) is a national organization, which receives EPA funding, dedicated to preserving and restoring the health and environment of Native American and Alaska native communities through government-to-government partnerships. TASWER seeks to ensure that environmental policies address and integrate the needs and values of tribal solid waste, emergency response and superfund issues.
And there are other tribal organizations as well.
Select this link to access a list of other EPA tribal organizations
Read on for additional information about the responsibilities of each group and how it contributes to the environmental programs on Native American lands.
History
Established by EPA in February 1994
Purpose
To improve communication and build stronger partnerships with the tribes
Membership
Activities
More information
Purpose and Activities
Additional Roles of Members
History
Purpose
To advise and support the Agency on major policy and implementation issues affecting EPA programs and activities in order to enhance protection of the environment and human health in Indian country, including Alaskan Native Villages
Leadership
Co-chaired by Office of Water (OW) and Region TOC representatives
Organization and Membership
Meetings
The Council meets four times a year. The Steering Committee meets monthly or more frequently if needed.
History
Established in the 1984 Indian Policy Implementation Guide.
Leadership
Chaired by the Director of the AIEO
Membership
Composed of representatives from Regional and Program Offices, usually the Indian Coordinator
Purpose
Was established to facilitate and coordinate efforts to identify and resolve policy and programmatic barriers to working directly with Indian tribes, implement comprehensive tribal environmental programs, identify priority tribal projects, and perform other services in support of the Agency managers in implementing the Indian policy
Meetings
Purpose
Membership
Lawyers and policy staff from:
Meetings and Activities
Meets once a month via teleconference to discuss nationally significant Indian law issues related to environmental protection and to exchange information on common issues and problems
Description and Origin
A Special Emphasis Program Council organized under the Office of Civil Rights
Purpose
Serves as an advisory group to the Administrator of EPA by recommending actions to address concerns of: Indians in the EPA workforce and Indian tribes for which EPA acts as trustee
Membership
Open to all employees of EPA
History of NEJAC
NEJAC was chartered as a Federal Advisory Committee in 1993.
Membership of Indigenous Peoples Subcommittee
Eight members representing:
Activities of Indigenous Peoples Subcommittee
History
Meetings
Twice each year
Purpose
Provides a vehicle through which tribes can voice opinions on national pesticide policies and raise tribal pesticide issues to federal attention
Activities
History
The project was established in 1997.
Purpose
A partnership between OPPT and state and tribal leaders to increase understanding and improve collaboration on toxics and pollution prevention issues among the states, tribes, and EPA
Membership
Is comprised of members from state and tribal communities who have an interest in pollution prevention programs and toxics issues
Meetings
Meets three times a year
Mission
To provide a forum for interaction between Tribal and Agency representatives of mutual benefit and responsibility to work collaboratively on environmental scientific issues.
Membership
Agency representatives are designated by Assistant Administrators from the EPA program office and regions.
Tribal representatives are nominated by their Regional Tribal Operations Committees through the National Tribal Operations Committee.
All TSC members must have an adequate scientific background to understand and work on tribal science issues effectively.
Purpose
The Tribal Association for Solid Waste and Emergency Response is a national organization, which receives EPA funding, dedicated to preserving and restoring the health and environment of Native American and Alaska native communities through government-to-government partnerships.
TASWER seeks to ensure that environmental policies address and integrate the needs and values of tribal solid waste, emergency response and superfund issues.
Membership Determination
A number of other government agencies have offices with significant responsibilities that affect Indian tribes.
The Department of the Interior (DOI) has a leadership role with respect to legal and trust obligations to Indians. In addition DOI’s programs related to our lands have many implications for Indian lands.
The Department of Justice (DOJ) has important responsibilities that affect Native Americans in the areas of environmental enforcement, Indian sovereignty policy, and federal Indian law.
The Department of Health and Human Services (HHS) has programs to address Indian health issues.
The Department of Defense has created programs to manage the environmental impacts that its domestic activities may have on Native American lands.
And the Department of Agriculture has a number of programs relating to its federal trust responsibilities for Native Americans.
Read on for more information about the responsibilities that other government agencies have with respect to Indian tribes.
DOI has significant responsibilities with respect to Indian tribes. Many offices and bureaus are involved.
Bureau of Indian Affairs
The Bureau of Indian Affairs leads the federal executive branch on addressing Indian issues.
Office of American Indian Trust
The Office of American Indian Trust has the primary responsibility for overseeing the Federal Government’s trust obligations.
Assistant Solicitor for Indian Affairs
The Assistant Solicitor for Indian Affairs has the primary role of furthering Indian legal issues and protecting Indian rights.
Other DOI Offices and Bureaus
A number of other DOI Offices and Bureaus have responsibilities for issues that affect tribal environments, including
The Department of Justice plays a unique role in the protection of tribal environments and natural resources.
Enforcement
When warranted by law, EPA and DOI can request that DOJ take enforcement action against a party responsible for pollution that causes environmental harm to tribal resources.
Because most tribal environmental programs are in the early stages of development, DOJ enforcement offers a potentially powerful tool for ensuring the protection of tribal environments.
Indian Sovereignty Policy
In June 1995, the Attorney General issued the DOJ Policy on Indian Sovereignty and government-to-government relations with Indian tribes.
Organization for Indian Law
DOJ has also developed an organizational structure to address Indian law.
In order to handle litigation requests related to Indian tribes, DOJ established an Indian Resources Section within the Environment and Natural Resources Division.
DOJ also established the Office of Tribal Justice to coordinate litigation strategies relating to tribes and to resolve issues of Federal Indian law.
The Department of Health and Human Services has two offices that specifically handle Indian issues.
Indian Health Service (IHS)
As part of many treaties, the federal government guaranteed health care to Native American people in exchange for peace, friendship, and land. IHS has the primary responsibility for carrying out these treaty and trust obligations.
The Indian Health Service exclusively addresses Native American health concerns.
Administration for Native Americans (ANA)
The Administration for Native Americans (ANA) is a general Native American service organization that manages various tribal grant programs.
Most important to EPA is the ANA grant program for improving the capability of tribal governments to regulate environmental quality. Similar to GAP, ANA assists tribes in developing their overall capacity to implement environmental programs.
DOD Activities that Impact Indians
The Department of Defense, like DOI, conducts many activities that affect Native American lands.
Many DOD facilities, such as military bases, bombing ranges, over-flight areas, and laboratories are located on or adjacent to Native American lands.
In addition to actual facilities, tribes are impacted by actions taken by the Army Corp of Engineers, such as the construction of dams that result in the flooding of reservations and ceded territory, and the issuance of dredge and fill permits for wetlands within the tribes’ watershed.
DOD Response
To begin addressing the environmental harms that have resulted from these activities, DOD manages a tribal grant program to mitigate environmental impacts to Native American lands due to DOD activities.
Responsibility and Activities
The U.S. Department of Agriculture has taken some important strides to fulfill its federal trust responsibilities to Indian Nations.
In recent years, the USDA has dramatically increased outreach and program delivery to reservation residents.
The USDA has also emphasized loan assistance and leveraging funds, tribal government consultation regarding housing development issues, and the introduction of culturally-correct housing design.
Cooperative Efforts
The USDA continues to work with other federal departments in cooperative efforts designed to meet the needs of tribal governments. Examples of this coordination can be seen in inter-agency agreements.
Take a few minutes to check your understanding of some key concepts presented in this module.
Which of the following best describes the composition of the Tribal Operations Committee?
A. Representatives from each Assistant Administratorship that meet regularly to discuss and resolve Indian environmental issues
B. Representatives from tribes that meet regularly to lobby for changes in environmental laws
C. Nineteen tribal representatives and EPA’s Senior Leadership Team, including the Administrator, the Deputy Administrator, and the Assistant and Regional Administrators
D. Tribal representatives hired by EPA to audit its programs on Indian reservations
Pause here to consider your answer. Then read on.
Answer
The correct answer is C. The Tribal Operations Committee is comprised of nineteen tribal representatives and EPA’s Senior Leadership Team, including the Administrator, the Deputy Administrator, and the Assistant and Regional Administrators.
Which environmental statutes allow for EPA authorization of tribal programs or a substantial role for tribes?
Pause here to consider your answers. Then read on.
Answer
The following environmental statues allow for EPA authorization of tribal programs or a substantial role for tribes:
Is the following statement true or false?
When EPA is directly implementing environmental programs in Indian Country there is no requirement to notify or consult with the Tribe.
Pause here to consider your answer. Then read on.
Answer
The statement is false. The EPA is generally required to notify and consult with tribes when directly implementing environmental programs in Indian country.
When tribes do not assume certain activities under EPA’s programs or have not been authorized to manage environmental programs, what does EPA generally do?
Pause here to consider your answer. Then read on.
Answer
When tribes do not assume certain activities under EPA’s programs or have not been authorized to manage environmental programs, the EPA generally will directly implement these environmental programs.
What are some of the tools available to assist Tribes in building capacity/capability to manage environmental programs?
Pause here to consider your answers. Then read on.
Answer
Following are some of the tools available to assist Tribes in building capacity or capability to manage environmental programs:
The first formal EPA Indian Policy was established in 1984 by Administrator Ruckleshaus and reaffirmed by Administrator Browner in 1994. The major elements of this policy did NOT include which one of the following?
A. The sovereignty of tribal governments
B. Tribal self determination
C. Working with tribal governments on a government-to-government basis
D. Providing a set-aside of funds for tribal governments
Pause here to consider your answer. Then read on.
Answer
The correct answer is D. Providing a set-aside of funds for tribal governments was NOT included in the EPA Indian Policy established in 1984.
What are some of the other federal partners that EPA should work with when addressing Indian issues?
Pause here to consider your answers. Then read on.
Answer
EPA should work with the following federal partners when addressing Indian issues:
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