1

United States

Environmental Protection

Agency

August 2004

OPPTS Tribal Strategic Plan

Fiscal Years 2004-2008

Prepared by the United States Environmental Protection Agency (EPA)

Offi ce of Prevention, Pesticides and Toxic Substances (OPPTS)

Protecting Human Health and

The Environment in Indian Country and 

Other Tribal Areas Including in Alaska

710-R-04-001
Acknowledgements

Co-Authors

Office of Prevention, Pesticides and Toxic Substances (OPPTS), Immediate Office

Office of Pollution Prevention and Toxics

Office of Pesticide Programs

EPA Regional Review Coordinators

EPA Region 5

EPA Region 8

EPA Region 9

Additional EPA Contributors

OPPTS Tribal Strategic Plan Workgroup, Office of General Counsel, 

Office of Enforcement and Compliance Assurance, and 

American Indian Environmental Office

Many thanks to our tribal environmental partners including the OPPTS Tribal Pesticide 

Program Council, the Forum On State and Tribal Toxic Action, the Tribal Affairs Project, 

Tribal Operations Committee, and the Tribal Caucus for providing comments during 

the development of this Plan.

Photo Credit. Bottom left photo displayed on front cover. Kristen Kemmerling, Alaska 

Travel Industry Association. The traditional Eskimo kuspuk is an Eskimo women’s parka. 

Here, Eskimo women of Barrow, Alaska display the traditional garb. Kuspuks can be 

lined with fur for warmth and are traditionally made of brightly colored or print fabric 

including velveteen and trimmed with rickrack and fur.”
i

OPPTS Tribal Strategic Plan Fiscal Years 2004-2008

Protecting Human Health and

The Environment in Indian Country 

and Other Tribal Areas Including in Alaska

Prepared by the United States

 Environmental Protection Agency (EPA)

Office of Prevention, Pesticides and Toxic Substances 

(OPPTS)

http://www.epa.gov/oppts/
ii

Map of Indian Country within EPA Regions 1 through 10 ............................ iv

Introduction from the Acting Assistant Administrator ................................... v

Executive Summary ..................................................................................................... 1

Overview: The Office Of Prevention, Pesticides and

Toxic Substances .......................................................................................................... 2

 The OPPTS Tribal Program .................................................................................. 2

 Input from Tribal Partners ................................................................................... 3

The OPPTS Tribal Strategic Plan ............................................................................. 5

 Consistency with EPA’s Indian Policy .............................................................. 5 

 Tribal Participation in Developing the Strategic Plan .............................. 5 

 The Government Performance and Results Act ......................................... 6

 Strategic Plan Goals and Objectives ............................................................... 6 

 Goal 1: Improve the government-to-government relationship

 with federally-recognized tribes through effective and meaningful 

 consultation, communication, coordination and outreach ....................... 6

 Goal 2: Continue to build tribal capacity for program 

 development and implementation ................................................................... 9

 Goal 3: Develop methods for fostering greater program coverage 

 for tribal communities .........................................................................................13

 Goal 4: Enhance and modify risk management to meet 

 tribal cultural concerns and protect public health and the 

 environment in Indian country and other tribal areas 

 including in Alaska ...............................................................................................14

Conclusion ...................................................................................................................16

Table of Contents
iii

APPENDICES

Appendix A

EPA Policy for the Administration of Environmental 

Programs on Indian Reservations ...........................................................................18

Appendix B

The Presidential Executive Order 13175: Consultation and

Coordination with Indian Tribal Governments, November 6, 2000 ................21

Appendix C

EPA Strategic Plan, Five Goals of the Agency ........................................................24

Appendix D 

EPA OPPTS National Program Manager Guidance to 

Regions, FY 2005-2007 ................................................................................................25

Appendix E 

More on OPPTS Programs and Our Partnerships ................................................28

Appendix F

Tribal Participants at the OPPTS Tribal Strategic Plan 

Focus Group Meetings ................................................................................................31

Appendix G

The Forum on States and Tribal Toxics Action (FOSTTA) and

Tribal Pesticide Program Council (TPPC) Representatives ................................34

Appendix H 

OPPTS Indian Program Contacts .............................................................................35
iv

Map of Indian Country within 

EPA Regions 1 through 10

“Indian country” is defined in 18 U.S.C. Section 1151 which provides:

The term “Indian country,” ...means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights-of-way 

running through the reservation, (b) all dependent Indian communities within the borders of the United States 

whether within the original or subsequently acquired territory thereof, and whether within or without the 

limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including 

rights-of-way running through the same.

This definition is used for civil jurisdiction. DeCoteau v. District County Court, 420 U.S. 425, 427 n.2 (1975.) 

Numerous federal Indian law cases discuss the meaning of this statute and of the concept of “Indian country.” 

1

This map is intended to provide a general understanding of the location of 

Indian country, but is not intended as a legal representation.

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EPA’s Office of Prevention, Pesticides and Toxic Substances (OPPTS) is pleased to issue our final Tribal 

Strategic Plan (TSP). The purpose of the TSP is to 

promote the best use of our resources to foster environmental gains in Indian country and other tribal areas including in 

Alaska (ICOTA). The OPPTS Tribal Strategic Plan will guide EPA 

staff and managers as they work with the tribes to further 

pollution prevention, safe pesticide use, and management of 

toxic chemicals.

For this to be an effective tool, OPPTS recognizes that there 

must be strong tribal input and a genuine partnership with 

tribal leaders and tribal environmental managers. While 

developing this Strategy, OPPTS held six tribal focus group 

meetings to obtain tribal perspectives on OPPTS-related 

issues and recommendations on how to improve our programs. Almost 100 tribal representatives participated in the 

various meetings across the country. The Tribal Pesticide 

Program Council (TPPC) and the Forum on State and Tribal 

Toxics Action (FOSTTA) Tribal Affairs Project (TAP) provided 

early input into the process. Beyond this, OPPTS made 

presentations at other tribal meetings, gatherings, and conferences. The final TSP is based largely on the comments and 

recommendations raised during the stakeholder engagement process.

OPPTS also recognizes that for successful implementation 

of the TSP, integration with other related Agency processes 

is critical. Some notable processes where integration is 

needed include the Agency-wide five-goal Strategic Plan, 

the National Program Managers Guidance, and the Regional 

Priorities and Planning effort. We will strive to connect these 

processes and to ensure that priorities and efforts between 

them are complementary. 

OPPTS is firmly committed to enhancing its partnerships 

with tribes to mutually address the environmental concerns 

faced within ICOTA. We look forward to continued collaboration as we seek to address tribal environmental concerns in 

the future.

— Susan B. Hazen, Acting Assistant 

Administrator, Office of Prevention, 

Pesticides and Toxic Substances

Introduction from the 

Acting Assistant Administrator

v
1

EPA has a long-standing policy to work with federally-recognized tribes as sovereign nations on a government-to-government basis. These important 

concepts, along with others, are articulated in the Agency’s 

1984 Indian Policy. They establish the foundation through 

which EPA works with the tribes to protect human health 

and the environment in Indian country and other tribal areas 

including in Alaska (ICOTA). 

EPA’s Indian Policy lays the groundwork for OPPTS as it looks 

ahead to enhanced implementation of its programs in Indian 

country. Our tribal partners were vital participants in the 

development of this Plan and we welcome their continued 

collaboration during its implementation.

The OPPTS Tribal Strategic Plan (TSP or the Plan) was developed as part of the Agency’s larger strategic planning 

process. The Plan will serve as a guide to OPPTS and its 

regional partners as we implement current programs and 

future initiatives to support successful pesticide and toxics 

management and pollution prevention in ICOTA.

This Plan summarizes the roles and responsibilities of the 

various offi ces within OPPTS, including its Tribal Program. 

This Plan also is intended to guide the activities of the 

OPPTS Tribal Program by establishing its long-term goals 

and objectives.

OPPTS intends to develop a yearly action plan to identify 

specifi c initiatives needed to achieve the goals and objectives set forth in the long-term TSP. 

Further, OPPTS will strive to integrate the various planning 

and action efforts and to connect the appropriate processes 

across the Agency for a more targeted and enhanced set of 

tribal activities. 

The OPPTS Tribal Strategic Plan (TSP or the Plan) was developed as part of the Agency’s larger strategic planning 

process. The Plan will serve as a guide to OPPTS and its 

regional partners as we implement current programs and 

future initiatives to support successful pesticide and toxics 

This Plan summarizes the roles and responsibilities of the 

various offices within OPPTS, including its Tribal Program.

This Plan also is intended to guide the activities of the 

OPPTS Tribal Program by establishing its long-term goals 

Executive Summary
2

OPPTS plays an important role in protecting public health and the environment from potential risks caused by toxic chemicals, including pesticides. The Office promotes pollution prevention and provides the public with critical information on potential and 

existing chemical risks. 

OPPTS safeguards Americans, including children and other 

particularly vulnerable members of the population, by evaluating the potential adverse impacts of pesticides and chemicals, 

as well as by regulating their manufacture, use, application, 

storage, and disposal. Top OPPTS priorities include mitigating pesticide risks to humans, domestic animals, endangered 

species and the environment; preventing lead poisoning; 

reducing risks from persistent, bioaccumulative, and toxic 

chemicals: improving public access to basic hazard information on high-production volume chemicals; and researching 

emerging issues such as endocrine disruptors.

OPPTS includes several separate program offices, including 

the Office of Pesticide Programs (OPP), the Office of Pollution Prevention and Toxics (OPPT), the Office of Program 

Management and Operations (OPMO), and the Office of 

Science Coordination and Policy (OSCP). OPP and OPPT have 

responsibility to implement the major programs mandated 

by legislation. 

OPPTS has primary responsibility within EPA for implementing the Federal Insecticide, Fungicide, and Rodenticide Act 

(FIFRA), the Toxic Substances Control Act (TSCA), the Federal 

Food, Drug, and Cosmetic Act (FFDCA), the Food Quality 

Protection Act of 1996 (FQPA), the Asbestos Hazardous Emergency Response Act (AHERA), the Asbestos School Hazard 

Abatement Act (ASHAA), and the Pollution Prevention Act 

(PPA).

The following sections discuss OPPTS’ Tribal Program and its 

primary tribal partners.

The OPPTS Tribal Program

The OPPTS Tribal Program is coordinated and managed as 

a partnership of headquarters staff working closely with 

regional tribal coordinators for the pesticide and toxics programs. There are Tribal Program managers in each of the 

OPPTS program offices to ensure that the Agency’s responsibilities to the specific, and often unique, needs in ICOTA are 

being properly addressed. The headquarters team also works 

with tribal and other program managers across all EPA proOverview: The Office of Prevention, 

Pesticides and Toxic Substances (OPPTS)

2
3

grams and in other federal agencies to ensure that OPPTS’ 

tribal issues receive appropriate consideration. 

OPPTS places a special emphasis on building tribal capacity to administer environmental programs within their own 

jurisdictions when tribes wish to do so. Examples of capacity building activities include support of tribal infrastructure 

development, technical training, and community awareness 

enhancement. 

The OPPTS Tribal Program was developed with input from 

the National Tribal Operations Committee (TOC), the Forum 

on State and Tribal Toxics Action (FOSTTA), the Tribal Pesticide 

Program Council (TPPC), and members of federally-recognized tribes. 

Input From Tribal Partners

EPA, including OPPTS, participates in several organizations 

that are designed to improve communication and build 

stronger partnerships with tribes. The following sections 

summarize some of the current programs and organizations 

in place to ensure two-way communications between the 

tribes and EPA.

Tribal Operations Committee’s Tribal Caucus

To improve communication and to build stronger partnerships with the tribes, EPA established a Tribal Operations 

Committee (TOC) in February 1994. The TOC is comprised of 

19 tribal leaders or their delegates (referred to as the “Tribal 

Caucus”) and EPA’s Senior Leadership Team, including the 

Administrator, the Deputy Administrator, Assistant Administrators, and the Regional Administrators. 

The Tribal Caucus (TC) meets on a regular basis to discuss 

implementation of the environmental protection programs 

in ICOTA. All tribes are encouraged to communicate with 

members of the TC. For more information on the TC, visit the 

following website: http://www.epa.gov/indian/overtoc.htm

Regional Tribal Operations Committees 

The Regional Tribal Operations Committees (RTOCs) facilitate 

communications regarding tribal environmental matters 

within their geographical regions. The RTOCs are instrumental in helping the regional offi ces institutionalize the Agency’s 

Indian Policy. Members of the RTOCs participate on regional 

and national workgroups, providing unique tribal perspectives on environmental needs. They may be involved during 

the planning stages of new initiatives. 

The RTOCs are an important liaison between Indian tribes, 

EPA’s regional offi ces, EPA’s national program offi ces and the 

National TOC on regional and national environmental issues 

that impact ICOTA. They help to maintain open and consistent communication among tribes, and between tribes and 

EPA management. 

Tribal Pesticide Program Council 

The OPP Tribal Program continues to support the Tribal Pesticide Program Council (TPPC). Established in 1999, this council 

meets nationally twice a year. Through the TPPC, the tribes 

are able to voice opinions on national pesticide policies and 

raise tribal pesticide issues to federal attention. 

OPPTS Strategic Mission

(as it relates to ICOTA)

❂ To protect and improve human health and 

the environment in Indian country and other 

tribal areas including in Alaska; to achieve 

risk reduction, sustainability, environmental justice, and enhanced quality of life for 

members of tribal communities throughout 

the United States.

❂ To promote safer designs, wiser use of 

materials, products, processes, practices and 

technologies, and disposal methods using 

pollution prevention as the principle of fi rst 

choice in Indian country and other tribal 

areas including in Alaska.

❂ To provide information, education and technical assistance to empower tribes to make 

informed decisions on the risks associated 

with pesticides and toxic substances.
4

The strong partnership between EPA and the TPPC ensures 

that tribes will continue to provide a major impetus for the 

long-term strategic direction taken by the OPPTS Tribal 

Program as it strives to build tribal capacity and produce an 

Agency pesticide strategy that is responsive to tribal needs 

and concerns. The TPPC also serves as a technical resource 

pool for tribes. 

Tribal Affairs Project 

The Forum on State and Tribal Toxics Action (FOSTTA) is 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. FOSTTA is comprised of members from state and tribal 

communities who have an interest in pollution prevention 

programs and toxics issues. The FOSTTA Tribal Affairs Project 

was established in 1997 and meets three times a year. 

National Pollution Prevention and Toxics Advisory 

Committee

This newly formed advisory group follows certain criteria 

under the Federal Advisory Committee Act (FACA) in order to 

provide advice, information, and recommendations to OPPT. 

The National Pollution Prevention and Toxics Advisory Committee (NPPTAC) members are comprised of a broad range of 

Agency constituents and possess different areas of expertise. 

There is at least one tribal representative serving on the committee. 

The NPPTAC committee members recently selected, tribal 

issues as one of its four main foci of this committee and 

agreed to the establishment of a tribal working group. OPPT 

is looking forward to receiving input and recommendations 

on tribal issues from this committee. 

4
5

This OPPTS Tribal Strategic Plan (TSP) provides a 

framework to ensure that OPPTS program activities are conducted in a manner that is consistent 

with the Agency’s Indian Policy, which recognizes the federal 

government’s trust responsibilities to federally-recognized 

tribes, the sovereignty of tribal governments, and the government-to-government relationship between the federal 

and tribal governments. 

The following sections summarize the guiding principles and 

processes used to develop the TSP and its resulting goals and 

objectives. 

Consistency with the Environmental Protection 

Agency’s Indian Policy

The foundation of the OPPTS Tribal Strategic Plan is EPA’s 

Indian Policy, which was fi rst issued in 1984 and reaffi rmed 

by subsequent EPA Administrators. In it, EPA “recognizes tribal 

governments as the primary parties for setting standards, 

making environmental policy decisions, and managing programs on reservations... consistent with Agency standards 

and regulations.”

The Indian Policy provides that EPA will work on a governmentto-government basis with tribes and recognizes the federal 

government’s trust responsibility to federally-recognized 

tribes. OPPTS is committed to recognizing, acknowledging 

and appreciating tribal concerns and to engaging in adequate 

and timely consultation and coordination with tribes.

Tribal Participation in Developing the Strategic Plan

OPPTS recognized early that it was critical to maximize tribal 

input if its new TSP was going to effectively work for ICOTA. To 

obtain broad, geographically and culturally based input from 

the contiguous 48 states and Alaska, six tribal focus group 

meetings were held during the fall and winter of 2001-2002. 

These focus group meetings were intended to gather 

information and recommendations from tribal leaders and 

environmental managers on their priority environmental issues within the OPPTS program arena. In addition, the 

meetings helped identify actions that the Agency might take 

to effectively address those identifi ed issue areas and suggested ways that OPPTS might maximize the effectiveness of 

its partnerships with tribes.

Nearly 100 tribal representatives participated in the OPPTS 

strategic planning focus meetings. Participants came from 

various job responsibilities and backgrounds, including tribal 

government policy and decision makers, technical experts, 

personnel and environmental program managers, and representatives from grassroots organizations.

The OPPTS Tribal Strategic Plan

OPPTS Tribal Strategic Plan Goals

1. Improve the government-to-government relationship with federallyrecognized tribes through effective 

and meaningful consultation, 

communication, coordination and 

outreach.

2. Improve tribal capacity for program 

development and implementation.

3. Foster toxics, pesticides and pollution prevention program coverage 

for tribal communities.

4. Help tribes manage risk to meet 

tribal cultural concerns and protect 

public health and the environment 

in Indian country and other tribal 

areas including in Alaska.
6

Comments ranged widely at the meetings. Suggestions were 

heard on how OPPTS might improve the way it provides 

tribes with information, training and outreach materials; how 

it performs its tribal coordination; and how it develops and 

implements its programs with the tribes. 

The comments received from the focus group meetings 

suggest that that there are several issues common to most 

tribes throughout ICOTA, while other issues, mostly in Alaska, 

appear to be more regional in nature. The comments, suggestions and thoughts provided by participants in the OPPTS 

focus meetings were instrumental in developing the goals 

and objectives of this TSP. Following is a list of focus group 

locations and dates. A list of participants noted at each 

meeting place can be found in Appendix F.

Seattle, WA September 23, 2001

Cloquet, MN October 18, 2001

Anchorage, AK October 30, 2001

Denver, CO November 29, 2001

Tucson, AZ December 10, 2001

Washington, DC January 30, 2002

The Government Performance and Results Act 

In 1993, Congress enacted the Government Performance and 

Results Act (GPRA). Through GPRA, Congress holds all federal 

agencies accountable for using taxpayer provided resources 

wisely and maximizing measurable program results. Part of 

EPA’s response to GPRA mandates the development of long 

range strategic planning that includes performance goals, 

results measures and reporting out. 

The OPPTS Tribal Strategic Plan will complement the Agency’s overall Strategic Plan and help to ensure that activities 

undertaken by various OPPTS programs support EPA’s 

broader, cross media goals and objectives. It is intended to 

specifi cally address the programmatic needs and priorities 

expressed by our partners in ICOTA.

This TSP does not alter or eliminate the broad, cross media 

goals developed under GPRA. However, the Plan does set 

forth four additional goals, specifi cally for Indian country and 

other tribal areas including in Alaska. Each of these four goals 

has a series of objectives and work activities that can be used 

to target tribal program activities within OPPTS. 

Strategic Plan Goals and Objectives 

OPPTS has identifi ed the following four goals for ICOTA, 

based on comments received at the six focus group meetings, at other tribal gatherings, and during discussions with 

OPPTS headquarters and regional staff. 

Each goal is described in detail below, along with specifi c 

objectives and sub-objectives. Included under the discussion 

of each goal are examples of projects and activities that are 

planned or underway. 

Goal 1

Improve the Government-to-Government 

Relationship with Federally-Recognized Tribes 

through Effective and Meaningful Consultation, 

Communication, Coordination and Outreach

Objective 1.1

OPPTS intends to apply the principles of Executive Order E.O. 

13175, entitled “Consultation and Coordination with Indian 

Tribal Governments”, in its interactions with tribes. E.O. 13175 

seeks to strengthen the government-to-government relationship with tribes and to reduce the imposition of unfunded 

mandates upon them. OPPTS will fulfi ll its obligations under 

E.O. 13175, including engaging tribes in meaningful consultation on actions with tribal implications.

 Work Activity 1.1.1

OPPTS staff intends to develop training and guidance to 

implement the requirements of E.O. 13175. 

 Work Activity 1.1.2

OPPTS intends to develop internal procedures that establish 

an offi ce-wide approach for implementing the requirements 

in E.O. 13175.

Objective 1.2

OPPTS intends to utilize two-way communication to ensure 

timely information fl ow between EPA and tribal governments, 

tribal environmental organizations and tribal colleges.
7

 Work Activity 1.2.1

OPPTS intends to continue to produce quarterly issues of the 

OPPTS Tribal News, post them on-line and mail them to all 

federally-recognized tribes. 

 Work Activity 1.2.2

OPPTS intends to complete a guidebook on “Comprehensive Pesticides, Toxics and Pollution Prevention Programs, 

Resources, and Grant Opportunities for Indian Tribes.”

 Work Activity 1.2.3

OPPTS intends to continue to maintain and upgrade tribal 

web pages to ensure that accurate, timely information on its 

programs and activities is available to tribes.

Objective 1.3

OPPTS intends to work closely with EPA regions and tribes 

to identify national and regional pesticides, toxics and pollution prevention issues that are of signifi cant concern to tribal 

populations. The Offi ce intends to ensure that tribes are 

engaged in policy discussions of such issues as appropriate, 

and that their concerns are considered as OPPTS develops 

and implements national policies and regulatory decisions.

 Work Activity 1.3.1

OPPTS intends to continue to identify risk reduction and 

pollution prevention-related opportunities for ICOTA and to 

develop and implement efforts to address identifi ed issues. 

In these efforts, EPA will work in close partnership with the 

Tribal Affairs Project (TAP) of the Forum on State and Tribal 

Toxics Action (FOSTTA), the Tribal Pesticide Program Council 

(TPPC), the National Tribal Operations Committee (TOC) and 

the Regional Tribal Operations Committees (RTOCs).

 Work Activity 1.3.2

OPPTS intends to initiate an outreach effort to encourage 

tribes to participate in national pollution prevention organizations and committees, Pollution Prevention Resource 

Exchange (P2Rx) information network and regional pollution 

prevention efforts.

 Work Activity 1.3.3

The OPPT National Pollution Prevention Toxics Advisory 

Committee should designate one tribal representative as a 

regular member.

 Work Activity 1.3.4

OPPTS intends to continue to pursue efforts to promote 

dialogue and cooperative efforts between state and tribal 

pesticide, toxics and environmental program managers 

and encourage broader tribal participation in the TPPC and 

FOSTTA. 

 Work Activity 1.3.5

OPPTS intends to lead a cross-Agency team, working with 

a host tribe, to convene the 7th annual National Tribal Conference on Environmental Management (NTCEM). OPPTS 

intends to participate with the NTCEM in subsequent years.

Objective 1.4

OPPTS intends to support programs and projects that allow 

tribes to identify and reduce the human and environmental 

risks that may accompany exposure to pesticides and toxic 

chemicals (such as asbestos, persistent organic pollutants, 

and persistent bioaccumulative chemicals including dioxins, 

mercury, and polychlorinated biphenyls). These efforts may 

include outreach, technical training and assistance, specifi c 

funding, and implementation of corrective measures. 

 Work Activity 1.4.1

OPPTS intends to host at least one interagency meeting with 

tribes and with federal agencies that work with tribal governments to develop recommendations and identify existing 

governmental resources and programs. The meeting should 

help OPPTS identify and work toward integrating a comprehensive, cross agency federal effort to address toxics and 

pesticide issues in ICOTA. 
8

 Work Activity 1.4.2

OPPTS headquarters (with assistance from regional offi ces 

as appropriate) intends to sponsor or co-sponsor trainthe-trainer sessions, and toxics and pesticide management 

workshops at locations in ICOTA. Sessions and workshops 

should cover the management of toxic chemicals, pesticides, 

and other materials including lead and asbestos, and will be 

offered by and for interested parties in other federal agencies as well as tribal environmental managers. 

 Work Activity 1.4.3

OPPTS intends to consult with the federally-recognized tribes 

and work to establish policies and procedures for input on 

related national and international decision-making leading 

to agreements and policies.

Ongoing Activities – Goal 1

OPPTS already has several program activities associated with 

Goal 1. Many of these efforts directly or indirectly serve multiple goals and objectives contained in the Strategic Plan. The 

following project and program summaries include information on which OPPTS offi ce has primary involvement (OPP, 

OPPT or OSCP). Additional EPA activities, including notable 

regional activities that support OPPTS tribal program goals 

are summarized in Appendix E.

OPPTS Tribal Websites

OPPTS has Internet web pages 

that focus on toxics and pesticide related topics that are of 

direct interest to ICOTA. These 

sites also provide links to other 

important EPA home pages, 

and to other governmental 

and non-governmental sites 

that can help tribes protect their environments. Information 

can be found at: http://www.epa.gov/oppts/tribal.htm

OPPTS Tribal News 

As part of an overall effort to increase awareness of toxics, 

pollution prevention and pesticide issues in tribal communities, OPPT and OPP collaborate to produce the quarterly 

OPPTS Tribal News. This publication is mailed to all federally-recognized tribes and posted on the OPPTS web site. In 

addition to disseminating important information to members of 

the tribal community, the newsletter educates tribal youth with 

its popular “Kid’s Page” feature.

In Winter 2004, OPPTS sponsored a special pilot edition, 

entitled “EPA Tribal News,” Fall 

2003-Winter 2004. This pilot 

included articles from most of 

EPA’s media offi ces and also 

refl ected tribal perspectives 

on a variety of environmental concerns, such as tribal traditional life ways.

Design for the Environment Program 

OPPT’s Design for the Environment Program (DfE) provides 

training and education on environmental issues and seeks 

to build capacity within minority communities through 

partnerships between tribal and community colleges, government, industry and minorities. 

In 1997, Design for the Environment teamed with the Partnership for Environmental Technology Education (PETE) to 

recognize community and technical colleges as an important 

national resource for workforce development, small business 

outreach and public information. Tribal colleges across the 

country are important members of the PETE network, which 

has held several tribal college workshops devoted to fostering communication among participants. 

Over 40 faculty and administrators representing 18 tribal colleges attended the fi rst tribal college workshops in Jackson 

Hole, Wyoming and in Santa Fe, New Mexico. The outcome of 

these meetings was to add new “tribal perspectives” to environmental curricula.

The “All Nations Tribal College Environmental Program Capacity Building Workshop”, was held in Des Moines, Washington 

State in November 2001 at Highland Community College. 

Panel members highlighted priority goals for program initiatives and to develop native American environmental 

professionals. This effort was geared towards developing 

tribally managed environmental stewardship and sustainability. This workgroup also provided input into development 

of this TSP.

OPPTS Tribal Websites

OPPTS has Internet web pages 
9

Programs, Resources, and Grant Opportunities 

(OPPT)

In 1999, OPPT published its fi rst comprehensive resource 

guide entitled, “Programs, Resources, and Grant Opportunities.” This guide provides information on OPPT’s programs, 

resources, and grant opportunities that support tribal efforts 

to promote pollution prevention and protect human health 

and the environment from toxic substances. This guide 

is intended to be updated periodically, as occurred in FY 

2000 when information on the OPPT Blood-Lead Screening 

and Lead Awareness Activities Grant Program was added. 

The resource guide is being 

revised again in 2004 with the 

updated version to be sent to 

all federally-recognized tribes.

Tribal Medicine Project 

(OPP)

OPP coordinated efforts to 

educate tribal healthcare providers and environmental 

managers on the identifi cation, 

treatment, and prevention of 

acute pesticide poisoning. In FY 

2001, three tribes in the northwest and southwest acted as initial hosts. During 

the FY 02-03 project cycle, three additional tribes hosted 

the workshops. In addition to addressing potential poisoning caused by pesticide application and drift, storage and 

disposal, this project looked at potential poisonings or 

unacceptable exposures associated with pesticide residues 

remaining on repatriated tribal artifacts. 

Partnering with the Tribal Pesticide Program Council (TPPC) and the Tribal Affairs Project (TAP)

OPPTS works closely with the TPPC and the TAP to ensure 

good communication on important toxics, pollution prevention and pesticide issues. OPPTS engages in dialogue with 

these groups to obtain tribal perspectives on Agency decisions and actions of concern to tribes in our program areas. 

The organizations meet on a regular basis and communicate 

via conference calls to help ensure a constant exchange of 

thoughts and perspectives on toxic, pollution prevention 

and pesticide issues in Indian country and other tribal areas 

including in Alaska.

Providing Tribal Governments with Emergency 

Pest Control Options 

(Sect. 18s)

FIFRA Section 18, which authorizes EPA to provide emergency exemptions from federal requirements when needed 

to protect against pest infestations, does not specifi cally 

reference tribes. In response to discussions initiated by 

TPPC members, the Navajo Nation, OPP and USDA/APHIS 

have cooperated in a process by which APHIS may apply for 

Section 18 exemptions that cover Navajo Indian country. The 

exemptions allow for pesticide applications that do 

not meet product label requirements, when emergency conditions exist. The process is now ready to 

test on Navajo, and similar processes may be available for other interested tribes in 2004.

Facilitation of Cooperative Activities Between National State and Tribal Pesticide 

Working Groups (OPP)

OPP encourages leadership of the TPPC and a corresponding state organization, the State FIFRA Issues 

Research and Evaluation Group (SFIREG), to work 

closely together to develop common solutions for 

mutual pesticide related concerns. Regular communication between the two groups is facilitated by OPP 

and each is encouraged to send participants to the others’ 

regular meetings, and to work collaboratively with OPP on 

pesticide issues that impact both states and tribes.

Goal 2

Continue to Build Tribal Capacity for Program 

Development and Implementation

Objective 2.1

OPPTS intends to help build tribal capacity to assess environmental threats from toxic chemicals and pesticides, including 

persistent bio-accumulative toxics (PBTs), persistent organic 

pollutants (POPs) and radionuclides in foods and other materials important to tribal peoples, cultures and traditions.

not meet product label requirements, when emergency conditions exist. The process is now ready to 

test on Navajo, and similar processes may be available for other interested tribes in 2004.

Facilita acilitation of C tion of Cooperative Activities B tivities Bemunication between the two groups is facilitated by OPP 
10

 Work Activity 2.1.1

OPPTS intends to provide innovative training and outreach 

to improve the ability of tribes to understand risks associated with lead and asbestos educate community members 

on these risks, and consider options to address these risks. 

 Work Activity 2.1.2

OPPTS intends to work with interested tribes to help them 

work toward obtaining TSCA sections 402 and 406 lead 

program authorization and/or pursue implementation of 

pesticide management activities, including development of 

FIFRA compliant pesticide codes. 

 Work Activity 2.1.3

OPPTS intends to provide grants for targeted pesticide-related 

“field projects” such as surface and water quality management, 

endangered species protection, integrated pest management, 

and pesticide assessment, education and outreach. 

 Work Activity 2.1.4

OPPTS intends to work to supplement resources for pesticide 

management related activities in ICOTA. 

 Work Activity 2.1.5

At the request of tribal environmental groups, OPPTS intends 

to hold a meeting for tribes to highlight priority issues facing 

ICOTA. Based on the discussion held at the meeting, OPPTS 

intends to work with its tribal partners to create a comprehensive guidance document geared towards protecting 

traditional lifeways resources. The guidance should assist 

tribes in successfully identifying and evaluating potential 

toxic chemicals impacting traditional lifeways. 

 Work Activity 2.1.6

OPPTS intends to enable federally-recognized tribes to utilize 

and test the tools and guidelines developed for work activity 

2.1.5. These tools should enable tribes to better understand 

and manage contaminant exposure pathways and risks 

resulting from unique circumstances associated with their 

subsistence practices and traditional ways of life.

 Work Activity 2.1.7 

OPPTS intends to complete a pilot effort to upgrade LifeLine, 

an existing software tool to enable it to evaluate potential, 

unique exposure and risk opportunities that may exist for 

two tribal groups, each of which practices its own traditional 

cultural lifeways. During 2004, the usefulness of the upgraded 

tool should be evaluated and a determination should be 

made as to the feasibility of extending the project to include 

tribes in other bio-geographical areas of the United States. 

Objective 2.2

OPPTS intends to improve the ability of tribes to define, 

design, implement and sustain well-rounded toxics, pollution 

prevention and pesticide programs suited to their needs. 

 Work Activity 2.2.1

OPPTS intends to prepare a comprehensive tribal guidance 

document that defines and assists in the development of 

well-rounded pollution prevention programs and activities 

that meet tribal needs. 

 Work Activity 2.2.2

OPPTS intends to leverage EPA’s Environmental Preferable 

Purchasing (EPP), green building, sustainable development, 

solid waste reduction and other pollution prevention-related 

programs to promote these practices in ICOTA. The Office 

intends to support tribal demonstration projects or training 

on these topics whenever possible. 

 Work Activity 2.2.3

OPPTS intends to develop specific pollution prevention 

methods for tribes targeting tribal hotels, casinos, schools, 

hospitals, clinics, marinas, gas stations, and other structures.

 Work Activity 2.2.4

OPPTS intends to work with other partners to review and 

appropriately update documents that identify and describe 

the basic elements of an EPA funded tribal pesticide 

program. 

 Work Activity 2.2.5

OPPTS intends to support a means to develop and offer intermediate and advanced water quality and pesticide management 

courses for tribal environmental managers and staff.
11

 Work Activity 2.2.6

OPPTS intends to encourage the sharing of pollution prevention, toxics and pesticide management expertise among 

tribal professionals through FOSTTA, TPPC, TOC and other 

tribal organizations, such as the National Tribal Environmental Council (NTEC) and the United South Eastern Tribes 

(USET). Efforts to gather and share successful tribal and other 

pollution prevention projects should be made. The Office 

intends to pilot a program to facilitate the partnering of 

experienced tribal program managers with those who may 

be less experienced. 

 Work Activity 2.2.7

OPPTS intends to work with other EPA offices and federal 

agencies to identify the location of abandoned PCB transformers and capacitors in ICOTA and to develop appropriate 

educational materials on PCBs for use in tribal communities.

Objective 2.3

OPPTS intends to develop mechanisms to promote the 

knowledge and understanding of OPPTS programs, and to 

facilitate the effective access to and use of relevant programs 

by tribal personnel.

 Work Activity 2.3.1

OPPTS intends to develop an office wide proposal for establishing a pilot EPA/Tribal Intergovernmental Personnel Act 

(IPA) Program. The pilot should open the possibility of a twoway exchange of staff and technical expertise.

 Work Activity 2.3.2

 OPPTS intends to initiate annual train-the-trainer workshops 

for tribes. These ongoing workshops should provide training 

for tribal environmental staff and invite tribal college faculty 

members to discuss a variety of toxics, pesticide and pollution prevention program issues. The training sessions should 

be geared towards producing tribal trainers who can provide 

further training opportunities within their communities.

 Work Activity 2.3.3

OPPT intends to conduct workshops for tribes and tribal 

colleges on “Managing Asbestos/Lead-In-Place” or provide 

information on short-term operations and maintenance 

(O&M) procedures and templates for asbestos and lead in 

each region.

 Work Activity 2.3.4

OPPTS, in cooperation with USDA/APHIS and the Navajo 

Nation, has developed a process that makes FIFRA Section 

18 exemptions available to farmers in Navajo Indian country. 

Information on the process, which continues to be evaluated 

and refined, will be made available to other interested tribes 

upon request. 

Objective 2.4

OPPTS intends to work to improve the ability of tribes to 

prevent the generation of toxic wastes and chemicals. OPPTS 

intends to undertake work activity 2.2.1, education and other 

support to ensure that appropriate pest management techniques are used in ICOTA. 

 Work Activity 2.4.1

OPPTS procedures should be developed to provide support for 

conducting pollution prevention planning, pesticide and toxics 

assessments and program implementation, and community 

education and outreach efforts.

 Work Activity 2.4.2

OPPTS intends to encourage the use of Integrated Pest 

Management (IPM) practices by providing educational and 

outreach materials to ICOTA that will help explain how to 

reduce the use of chemical pesticides and minimize toxic 

exposure risks to community members and their environments. 

Ongoing Activities – Goal 2

OPPTS is currently involved in the following activities that 

support the objectives and work activities identified for 

Goal 2. 

Pollution Prevention Grant Program 

The Pollution Prevention Grant Program provides matching 

funds to states and tribes to support pollution prevention 

activities and the development of state and tribal environmental programs. It promotes pollution prevention through 

technical assistance and training, outreach, and education, 
12

regulatory integration, demonstration (pilot) projects, and 

public recognition. Funding varies and is subject to availability each fiscal year. Since 1989, more than twenty tribal 

projects have received over one million dollars collectively 

from this program.

LifeLine Exposure Assessment Project

In 2002, OPPTS initiated an effort to determine the feasibility and usefulness of modifying state-of-the-art “LifeLine” 

software to capture unique exposure pathways that may 

accompany the practice of tribal traditional life ways. OPPTS 

is already using LifeLine in its pesticide exposure/risk assessment and tolerance setting processes. OPPTS is now working 

very closely with a consortium of Native villages in Alaska, as 

well as the Blackfeet Nation in Montana, to develop software 

modules that accurately will help model their two unique 

living situations. Site visits have been conducted, information sources have been identified, data is being gathered and 

new computer code is now being written. 

After it receives the approval of the two-modeled groups, the 

new software should be made generally available. If the new 

software proves useful to the modeled tribal groups and to 

EPA, and if other tribes indicate an interest in partnering with 

us to have similar models built, OPPTS intends to consider 

the feasibility of modeling additional tribal living scenarios 

in other biogeographical sections of the country. 

Tribal Lands Environmental Scholarships 

This program is designed to promote education in the environmental sciences in tribal communities, thereby increasing 

the number of American Indian students with expertise in 

environmental science. These students, in turn, should be 

prepared to work with EPA and in tribal communities to 

improve environmental protection in ICOTA, and address 

human health concerns. 

Water Quality and Pesticide Management Workshops

These ongoing workshops, which are hosted by tribes 

throughout the country, bring a wide variety of pesticide 

related expertise to tribal communities. Speakers may 

include experts in program organization and legal issues, 

IPM, hydrology and water management, insect abatement, 

and application methodologies. Presenters may also include 

tribal experts, staff from local agricultural extension services, 

state and local environmental agencies and others. Tailored 

agendas emphasize pesticide issues impacting local tribes. 

To date, more than 75% of federally-recognized tribes in the 

contiguous 48 states have sent one or more representatives 

to these workshops. 

Tribal Pesticide and Water Quality Grant Program 

For each of the past eight years, OPP’s competitive Tribal 

Pesticide and Water Quality Grant Program has provided 

approximately $450,000 per year in direct funding to tribes. 

These one year grant awards are limited to $50,000 per proposal. They may be used to fund projects involving water 

quality baseline assessment and sampling, IPM, pesticide 

issues surrounding repatriation of tribal artifacts, evaluation 

of need and development of pesticide management policies 

and plans, and other activities related to pesticide management. 

Providing Tribes Flexibility under FIFRA 

Tribes are not specifically referenced in FIFRA Section 18 

and have not directly requested emergency exemptions 

(“Section 18’s”) from federal requirements to enable use of 

pesticides that could prevent severe economic loss caused by 

pest infestations that do not respond to approved pesticide 

approaches. OPP, in cooperation with USDA/APHIS and the 

Navajo Nation, has developed a process to provide opportunities for farmers in Navajo Indian country to obtain access 

to products available outside of Indian country. Under FIFRA 

Section 18. OPP intends to continue to refine the process as 

needed, and intends to work with other tribes, as requested, 

to provide them with information regarding similar exemption opportunities.

Tribal Discretionary Funding to Regions

Because regional staff work closely with the tribes, EPA 

regional offices have unique opportunities to develop a 

clear sense of regionally specific tribal needs. OPP provides 

a portion of its headquarters tribal program discretionary 

funding to the regions and allows them to determine how 

this money best supports the pesticide needs of ICOTA. 
13

Goal 3

Develop Methods for Fostering Greater Program Coverage for Tribal Communities

Objective 3.1

Where tribes choose not to establish their own programs, 

OPPTS will work toward developing mechanisms for providing programmatic services to tribes, such as in the lead 

arena.

 Work Activity 3.1.1

OPPTS intends to explore options to provide ongoing 

funding to support tribal circuit rider programs. 

 Work Activity 3.1.2

OPPTS intends to pilot two Direct Implementation Tribal 

Cooperative Agreements (DITCAs) with interested tribes to 

carry out agreed upon pesticides or toxics program services.

 Work Activity 3.1.3

OPPTS intends to pilot a “Center of Expertise” where interested tribes can obtain technical assistance with certain 

aspects of OPPTS programs and information. 

 Work Activity 3.1.4

OPPTS intends to continue its work with EPA’s Offi ce of 

Enforcement and Compliance Assurance (OECA) and EPA 

regions on compliance and enforcement activities.

Ongoing Activities – Goal 3 

The following sections summarize current OPPTS projects 

and programs associated with Goal 3 and its stated objectives and work-activities.

Lead-Based Paint Activities Program (OPPT)

EPA implements, administers and enforces the Federal LeadBased Paint Activities Program in states, areas of Indian 

country, and territories that do not have EPA-approved lead 

programs. EPA awards grants to tribes to develop authorized 

lead programs within their own communities. Tribes are 

encouraged to establish accreditation, certifi cation and work 

place standards programs which are as protective as the 

those required by the federal program. Since its inception 

in Fiscal Year 1994 and continuing through 2002, 151 grants 

have been issued to tribes for a total of approximately $10.6 

million.

OPPT’s Community Assistance Technical Team

OPPT supports working to build the capacity of communities 

to understand and improve their local environments. OPPT 

helps to develop the information, assessment tools, and 

training that communities need to implement the Community Based Environmental Protection (CBEP) approach. 

OPPT’s Community Assistance Technical Team was established to provide support to communities. The team is 

currently developing a “how-to” manual to help communities 

use risk-based screening methods and tools to understand 

and improve local air quality. In the future, the team plans 

to develop multi-media assessment guides and training for 

communities. 

Pesticide Circuit Rider Program 

EPA provides funding for a highly successful tribal pesticide 

circuit rider program in Region 10. Under this effort, a single 

expert, based with the Coeur d’Alene tribe, responds to the pesticide management related needs of six tribes in the region. 

Working with OECA 

OPPTS continues to work closely with OECA, which funds 

both tribal pesticide and toxic programs, to promote federal 

regulation enforcement and compliance in Indian country 

and other tribal areas including those in Alaska. Where EPA 

directly implements relevant programs, OPPTS coordinates 

central review and comment for the FIFRA Project Offi cer’s 

Manual and the FIFRA Enforcement Guidance document, 

two major OECA publications with implications for pesticide 

management in ICOTA. 
14

Goal 4

Enhance and Modify Risk Management Methodologies to Meet Tribal Cultural Concerns and 

Protect Public Health and the Environment in 

Indian Country and Other Tribal Areas Including in Alaska.

Objective 4.1

OPPTS intends to work to improve the ability of EPA and 

tribes to recognize, evaluate and address the extent of chemical and pesticide exposure risks in ICOTA.

 Work Activity 4.1.1

OPPTS intends to continue lead awareness efforts and work 

to improve tribal ability to undertake lead screening for tribal 

communities. 

 Work Activity 4.1.2

OPPTS intends to continue gathering baseline assessment 

information on tribal lead poisoning and pre-1978 tribal 

housing stock and intends to continue exploring more effective means of addressing lead issues in these areas. This work 

should be shared with EPA’s American Indian Environmental 

Offi ce (AIEO) and other federal agencies (e.g., Indian Health 

Service). 

 Work Activity 4.1.3

OPPTS intends to host at least two interagency meetings 

that include members from agencies such as EPA, the Bureau 

of Indian Affairs, the Indian Health Service, the Department 

of Housing and Urban Development, and the Consumer 

Product Safety Commission and our tribal partners. The 

meetings should help to develop recommendations for 

federal government coordination with tribal governments in 

their efforts to reduce the risks of lead poisoning and other 

toxic exposures to tribal communities.

Objective 4.2

OPPTS intends to incorporate modifi cations to risk exposure 

models and Agency risk assessment methodologies to refl ect 

tribal cultural and traditional lifeways. 

 Work Activity 4.2.1

OPPTS intends to develop software modules to model 

pesticide and chemical risk exposures for practitioners of 

traditional lifeways in several bio-geographic areas of the 

country. The Offi ce intends to evaluate the benefi ts of extending the effort to tribes in other parts of the country.

 Work Activity 4.2.2

OPPTS intends to produce a report that reviews opportunities to enhance existing risk management and risk assessment 

procedures in ICOTA. The review should recognize cultural 

exposure variables and identify any exposure assessment 

barriers that prevent OPPTS from incorporating tribal cultural 

concerns. 

 Work Activity 4.2.3

OPPTS intends to discuss risk and exposure assessments with 

tribes to learn how they are adapting risk assessments to 

incorporate tribal cultural concerns. These discussions may be 

based on previous recommendations from FOSTTA, TPPC, TOC, 

NEJAC, or other governmental individuals or organization that 

have knowledge or expertise in tribal risk assessments. 

Objective 4.3 

OPPTS intends to support tribal efforts to identify and reduce 

risks from priority persistent bio-accumulative and toxic 

(PBT) pollutants including dioxin and mercury (named in the 

Canada-U.S. Bi-national Toxics Strategy).

 Work Activity 4.3.1

OPPTS intends to provide federally-recognized tribes with 

relevant materials on EPA’s PBT Chemical Program. 

 Work Activity 4.3.2

OPPT intends to work with Alaskan Native villages to develop 

a priority PBTs and Persistent Organic Pollutants (POPs) communication risk strategy especially designed for Alaskan 

Native hunters and gatherers who practice traditional cultural life ways.
15

Ongoing Activities – Goal 4

OPPTS is currently involved in several activities that support 

the objectives and work-activities developed for Goal 4.

Lead Program

OPPT has developed a baseline assessment and lead awareness grant program exclusively for Indian tribes and tribal 

consortia. This grant program supports an assessment of 

exposure and risks of exposure to lead poisoning of tribal 

children by including blood-lead screening of children, 

inspecting older homes, testing paint, dust, and soil for hazardous lead levels, and training individuals to perform lead 

inspections and risk assessments. The lead awareness portion 

of the grant supports educational outreach activities. Since 

it’s inception in fiscal year 1999, OPPT has awarded 60 grants 

totaling nearly $3 million to tribes.

OPPT has supported the development and presentation of 

lead awareness workshops by developing a Lead Community 

Tool Kit. A special version of the training manual was developed for Native American communities and is available from 

the National Lead Information Center at 1-800-424-LEAD.

A lead poisoning prevention manual for tribal day centers 

and families was published which explains screening, 

healthful diet, and basic preventive steps. The manual is also 

available in CD-ROM and video. 

Increasing Tribal Capacity for the Assessment of 

Traditional Lifeways 

This project will help increase tribal capacity to assess environmental health threats from toxic chemicals, including 

PBTs, in traditional foods. OPPTS intends to work with tribes 

to enable them to conduct their own exposure/risk assessments based upon the unique circumstances associated 

with their cultural beliefs, religions and lifestyles. 

For this project OPPTS is working with EPA’s regional offices, 

OPP, the Community Based Environmental Protection Workgroup in OPPT, other EPA program offices, and a number 

of tribal organizations, including the TOC, FOSTTA, and the 

TPPC. 

Geographic Exposure Modeling System (OPPT)

OPPT has recently made available tools such as the new 

Geographic Exposure Modeling System (GEMS). This system 

includes models and data for ambient air, surface water, soil, 

and groundwater, and makes the models much easier to 

use than their stand-alone counterparts. GEMS has statistical analysis, graphics, and GIS capabilities for analyzing and 

displaying data and environmental modeling results. GEMS 

is expected to be available soon on the internet. 

OPPT has also developed another technical tool to be used 

in schools (grades 7-12): the Toxic Release Inventory Package. 

This package is designed to enable students to use large 

databases as tools in science and social sciences classes. 

Pesticide Management Planning (OPP)

OPP provides support for the development and presentation 

of ground and surface water management workshops and 

other technical training. Through July 2003, more than 75% 

of the tribes in the lower 48 states had sent representatives 

to receive ground and surface water and pesticide management training through this program. OPP plans to continue 

its efforts to identify, prioritize and develop tribal training in 

areas ranging from pesticide and groundwater sampling to 

inspector training and education on Integrated Pest Management (IPM) methods.
1616

The OPPTS Tribal Strategic Plan (TSP) serves two primary purposes. First, it is a means by which OPPTS can share its vision and intended direction with 

tribes and other interested parties. The TSP is intended to 

guide OPPTS and EPA regional offices as we work with tribes 

to develop and implement successful pesticide, toxic management, and pollution prevention programs. EPA’s ultimate 

goal is to collaborate with tribes to protect human health 

and the environment in Indian country and other tribal areas including in Alaska. OPPTS hopes to place new emphasis 

on tribal concerns regarding preservation of their traditional 

lifeways. The potential environmental effects an issue may 

present to tribal culture will be considered when developing 

options for action within our program areas.

Second, the TSP can help optimize resource use by identifying 

opportunities to integrate and leverage resources. The Plan 

recognizes that the levels of resources available to OPPTS, 

other EPA offices and regions, and tribes may influence EPA’s 

success in reaching its stated goals. OPPTS intends to leverage resources where possible by combining efforts with 

other EPA offices, collaborating with other federal agencies, 

and increasing efficiency in delivering training and technical 

assistance. OPPTS hopes to foster new approaches for ensuring access to our programs through innovative means where 

tribes do not wish to individually assume program activities.

As described in this Plan, EPA will be provifing tribes with 

assistance, tools and resources to develop and implement 

comprehensive programs to protect human health and the 

environment in ICOTA. The Plan is expected to evolve as the 

needs of our tribal partners grow and change. It is a means by 

which OPPTS can further its environmental protection efforts 

consistent with the federal government’s trust responsibility 

to federally-recognized tribes.

Conclusion
17

Appendix A 

EPA Policy for the Administration of Environmental Programs on Indian Reservations 

Appendix B 

The Presidential Executive Order 13175: Consultation and Coordination with Indian Tribal Governments, November 6, 2000 

Appendix C 

EPA Strategic Plan, Five Goals of the Agency 

Appendix D 

EPA OPPTS National Program Manager Guidance 

to Regions, FY 2005-2007 

Appendix E 

More on OPPTS Programs and Our Partnerships 

Appendix F 

Tribal Participants at the OPPTS Tribal Strategic 

Plan Focus Group Meetings 

Appendix G 

The Forum on States and Tribal Toxics Action 

(FOSTTA) and Tribal Pesticide Program Council 

(TPPC) Representatives 

Appendix H 

OPPTS Indian Program Contacts 

Appendices
18

Appendix A

EPA Policy for the Administration of Environmental Programs on Indian Reservations 

Introduction:

The President published a Federal Indian Policy on January 

24, 1983, supporting the primary role of Tribal Governments 

in matters affecting American Indian reservations. That policy 

stressed two related themes: (l) that the Federal Government 

will pursue the principle of Indian “self-government” and (2) 

that it will work directly with Tribal Governments on a “government-to-government” basis. 

The Environmental Protection Agency (EPA) has previously 

issued general statements of policy, which recognize the 

importance of Tribal Governments in regulatory activities 

that impact reservation environments. It is the purpose of 

this statement to consolidate and expand on existing EPA 

Indian Policy statements in a manner consistent with the 

overall Federal position in support of Tribal “self-government” and “government-to-governments” relations between 

federal and Tribal Governments. This statement sets forth 

the principles that will guide the Agency in dealing with 

Tribal Governments and in responding to the problems of 

environmental management on American Indian reservations in order to protect human health and the environment. 

The Policy is intended to provide guidance for EPA program 

managers in the conduct of the Agency’s congressionally 

mandated responsibilities. As such, it applies to EPA only and 

does not articulate policy for other Agencies in the conduct 

of their respective responsibilities. 

It is important to emphasize that the implementation of 

regulatory programs, which will realize these principles on 

Indian Reservations, cannot be accomplished immediately. 

Effective implementation will take careful and conscientious 

work by EPA, the tribes and many others. In many cases, it 

will require changes in applicable statutory authorities and 

regulations. It will be necessary to proceed in a carefully 

phased way, to learn from successes and failures, and to gain 

experience. Nonetheless, by beginning work on the priority problems that exist now and continuing in the direction 

established under these principles, over time we can significantly enhance environmental quality on reservation lands. 

Policy:

In carrying out our responsibilities on Indian reservations, 

the fundamental objective of the Environmental Protection 

Agency is to protect human health and the environment. The 

keynote of this effort will be to give special consideration to 

Tribal interests in making Agency policy, and to insure the 

close involvement of Tribal Governments in making decisions 

and managing environmental programs affecting reservation lands. To meet this objective, the Agency will pursue the 

following principles: 

1.THE AGENCY STANDS READY TO WORK DIRECTLY WITH 

INDIAN TRIBAL GOVERNMENTS ON A ONE-TOONE BASIS 

(THE “GOVERNMENT - TO - GOVERNMENT” RELATIONSHIP), 

RATHER THAN AS SUBDIVISIONS OF OTHER GOVERNMENTS. 

EPA recognizes Tribal Governments as sovereign entities 

with primary authority and responsibility for the reservation populace. Accordingly, EPA will work directly with Tribal 

Governments as the independent authority for reservation 

affairs, and not as political subdivisions of States or other 

governmental units. 

2.THE AGENCY WILL 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 keeping with the principle of Indian self-government, the 

Agency will view Tribal Governments as the appropriate 

non-federal parties for making decisions and carrying out 

program responsibilities affecting Indian reservations, their 

environments, and the health and welfare of the reservation 

populace. Just as EPA’s deliberations and activities have traditionally involved the interests and/or participation of State 

Governments, EPA will look directly to Tribal Governments to 

play this lead role for matters affecting reservation environments . 

3.THE AGENCY WILL TAKE AFFIRMATIVE STEPS TO ENCOURAGE AND ASSIST TRIBES IN ASSUMING REGULATORY AND 

PROGRAM MANAGEMENT RESPONSIBILITIES FOR RESERVATION LANDS. 

The Agency will assist interested Tribal Governments in 

developing programs and in preparing to assume regulatory 

and program management responsibilities for reservation 

lands. Within the constraints of EPA’s authority and resources, 
19

this aid will include providing grants and other assistance to 

tribes, similar to what we provide State Governments. The 

Agency will encourage tribes to assume delegable responsibilities, (i.e. responsibilities which the Agency has traditionally 

delegated to State Governments for non-reservation lands) 

under terms similar to those governing delegations to 

States. 

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 expressed grant of jurisdiction from 

Congress suffi cient to support delegation to the State Government). Where EPA retains such responsibility, the Agency 

will encourage the tribe to participate in policy-making and 

to assume appropriate lesser or partial roles in the management of reservation programs. 

4.THE AGENCY WILL TAKE APPROPRIATE STEPS TO REMOVE 

EXISTING LEGAL AND PROCEDURAL IMPEDIMENTS TO 

WORKING DIRECTLY AND EFFECTIVELY WITH TRIBAL GOVERNMENTS ON RESERVATION PROGRAMS. 

A number of serious constraints and uncertainties in the language of our statutes and regulations have limited our ability 

to work directly and effectively with Tribal Governments on 

reservation problems. As impediments in our procedures, 

regulations or statutes are identifi ed which limit our ability 

to work e effectively with tribes consistent with this Policy, 

we will seek to remove those impediments. 

5.THE AGENCY, IN KEEPING WITH THE FEDERAL TRUST 

RESPONSIBILITY, WILL ASSURE THAT TRIBAL CONCERNS AND 

INTERESTS ARE CONSIDERED WHENEVER EPA’S ACTIONS 

AND/OR DECISIONS MAY AFFECT RESERVATION ENVIRONMENTS. 

EPA recognizes that a trust responsibility derives from the 

historical relationship between the Federal Government 

and Indian tribes as expressed in certain treaties and Federal 

Indian Law. In keeping with that trust responsibility, the 

Agency will endeavor to protect the environmental interests 

of Indian tribes when carrying out its responsibilities that 

may affect the reservations. 

6.THE AGENCY WILL ENCOURAGE COOPERATION BETWEEN 

TRIBAL, STATE AND LOCAL GOVERNMENTS TO RESOLVE ENVIRONMENTAL PROBLEMS OF MUTUAL CONCERN. 

Sound environmental planning and management require 

the cooperation and mutual consideration of neighboring 

governments, whether those governments be neighboring 
20

States, tribes, or local units of government. Accordingly, EPA 

will encourage early communication and cooperation among 

tribes, States and local Governments. This is not intended to 

lend Federal support to any one party to the jeopardy of the 

interests of the other. Rather, it recognizes that in the field 

of environmental regulation, problems are often shared and 

the principle of comity between equals and neighbors often 

serves the best interests of both. 

7.THE AGENCY WILL WORK WITH OTHER FEDERAL AGENCIES WHICH HAVE RELATED RESPONSIBILITIES ON INDIAN 

RESERVATION TO ENLIST THEIR INTEREST AND SUPPORT IN 

COOPERATIVE EFFORTS TO HELP TRIBES ASSUME ENVIRONMENTAL PROGRAM RESPONSIBILITIES FOR RESERVATIONS. 

EPA will seek and promote cooperation between Federal 

agencies to protect human health and the environment 

on reservations. We will work with other agencies to clearly 

identify and delineate the roles, responsibilities and relationships of our respective organizations and to assist tribes in 

developing and managing environmental programs for reservation lands. 

8.THE AGENCY WILL STRIVE TO ASSURE COMPLIANCE WITH 

ENVIRONMENTAL STATUTES AND REGULATIONS ON INDIAN 

RESERVATIONS. 

In those cases where facilities owned or managed by Tribal 

Governments are not in compliance with federal environmental statutes, EPA will work cooperatively with Tribal 

leadership to develop means to achieve compliance, providing technical support and consultation as necessary to 

enable Tribal facilities to comply. Because of the distinct 

status of Indian tribes and the complex legal issues involved, 

direct EPA action through the judicial or administrative 

process will be considered where the Agency determines, in 

its judgment, that: (l) a significant threat to human health or 

the environment exists, (2) such action would reasonably be 

expected to achieve effective results in a timely manner, and 

(3) the Federal Government cannot utilize other alternatives 

to correct the problem in a timely fashion. 

In those cases where reservation facilities are clearly owned 

or managed by private parties and there is no substantial 

Tribal interest or control involved, the Agency will endeavor 

to act in cooperation with the affected Tribal Government, 

but will otherwise respond to noncompliance by private 

parties on Indian reservations as the Agency would to noncompliance by the private sector elsewhere in the country. 

When the tribe has a substantial proprietary interest in, or 

control over, the privately owned or managed facility, EPA will 

respond as described in the first paragraph above. 

9.THE AGENCY WILL INCORPORATE THESE INDIAN POLICY 

GOALS INTO ITS PLANNING AND MANAGEMENT ACTIVITIES, 

INCLUDING ITS BUDGET, OPERATING GUIDANCE, LEGISLATIVE INITIATIVES, MANAGEMENT ACCOUNTABILITY SYSTEM 

AND ONGOING POLICY AND REGULATION DEVELOPMENT 

PROCESSES. 

It is a central purpose of this effort to ensure that the principles 

of this Policy are effectively institutionalized by incorporating them into the Agency’s ongoing and long-term planning 

and management processes. Agency managers will include 

specific programmatic actions designed to resolve problems 

on Indian reservations in the Agency’s existing fiscal year and 

long-term planning and management processes. 
21

Appendix B

The Presidential Executive Order 13175: 

Consultation and Coordination with Indian Tribal 

Governments, November 6, 2000

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in 

order to establish regular and meaningful consultation and 

collaboration with tribal officials in the development of 

Federal policies that have tribal implications, to strengthen 

the United States government-to-government relationships 

with Indian tribes, and to reduce the imposition of unfunded 

mandates upon Indian tribes; it is hereby ordered as follows:

Section 1. Definitions. For purposes of this order:

(a) ‘‘Policies that have tribal implications’’ refers to regulations, legislative comments or proposed legislation, and 

other policy statements or actions that have substantial 

direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or 

on the distribution of power and responsibilities between 

the Federal Government and Indian tribes.

(b) ‘‘Indian tribe’’ means an Indian or Alaska Native tribe, 

band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe 

pursuant to the Federally Recognized Indian tribe List Act of 

1994, 25 U.S.C. 479a.

(c) ‘‘Agency’’ means any authority of the United States that is 

an ‘‘agency’’ under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 

U.S.C. 3502(5).

(d) ‘‘Tribal officials’’ means elected or duly appointed officials 

of Indian tribal governments or authorized intertribal organizations.

Sec. 2. Fundamental Principles. In formulating or implementing policies that have tribal implications, agencies shall be 

guided by the following fundamental principles:

(a) The United States has a unique legal relationship with 

Indian tribal governments as set forth in the Constitution 

of the United States, treaties, statutes, Executive Orders, and 

court decisions. Since the formation of the Union, the United 

States has recognized Indian tribes as domestic dependent 

nations under its protection. The Federal Government has 

enacted numerous statutes and promulgated numerous 

regulations that establish and define a trust relationship with 

Indian tribes.

(b) Our Nation, under the law of the United States, in accordance with treaties, statutes, Executive Orders, and judicial 

decisions, has recognized the right of Indian tribes to selfgovernment. As domestic dependent nations, Indian tribes 

exercise inherent sovereign powers over their members and 

territory. The United States continues to work with Indian 

tribes on a government-to-government basis to address 

issues concerning Indian tribal self-government, tribal trust 

resources, and Indian tribal treaty and other rights.

(c) The United States recognizes the right of Indian tribes to 

self-government and supports tribal sovereignty and selfdetermination. Sec. 3. Policymaking Criteria. In addition to 

adhering to the fundamental principles set forth in section 

2, agencies shall adhere, to the extent permitted by law, to 

the following criteria when formulating and implementing 

policies that have tribal implications:

(a) Agencies shall respect Indian tribal self-government and 

sovereignty, honor tribal treaty and other rights, and strive 

to meet the responsibilities that arise from the unique legal 

relationship between the Federal Government and Indian 

tribal governments.

(b) With respect to Federal statutes and regulations administered by Indian tribal governments, the Federal Government 

shall grant Indian tribal governments the maximum administrative discretion possible.

(c) When undertaking to formulate and implement policies 

that have tribal implications, agencies shall: (1) encourage 

Indian tribes to develop their own policies to achieve 

program objectives; (2) where possible, defer to Indian tribes 

to establish standards; and (3) in determining whether to 

establish Federal standards, consult with tribal officials as 

to the need for Federal standards and any alternatives that 

would limit the scope of Federal standards or otherwise preserve the prerogatives and authority of Indian tribes.

Sec. 4. Special Requirements for Legislative Proposals. Agencies 

shall not submit to the Congress legislation that would be 

inconsistent with the policymaking criteria in Section 3.
22

Sec. 5. Consultation.

(a) Each agency shall have an accountable process to ensure 

meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications. 

Within 30 days after the effective date of this order, the head 

of each agency shall designate an official with principal 

responsibility for the agency’s implementation of this order. 

Within 60 days of the effective date of this order, the designated official shall submit to the Office of Management and 

Budget (OMB) a description of the agency’s consultation 

process.

(b) To the extent practicable and permitted by law, no agency 

shall promulgate any regulation that has tribal implications, 

that imposes substantial direct compliance costs on Indian 

tribal governments, and that is not required by statute, 

unless:

(1) funds necessary to pay the direct costs incurred by the 

Indian tribal government or the tribe in complying with the 

regulation are provided by the Federal Government; or

(2) the agency, prior to the formal promulgation of the regulation, (A) consulted with tribal officials early in the process of 

developing the proposed regulation;

(B) in a separately identified portion of the preamble to the 

regulation as it is to be issued in the Federal Register, provides 

to the Director of OMB a tribal summary impact statement, 

which consists of a description of the extent of the agency’s 

prior consultation with tribal officials, a summary of the 

nature of their concerns and the agency’s position supporting the need to issue the regulation, and a statement of the 

extent to which the concerns of tribal officials have been met; 

and (C) makes available to the Director of OMB any written 

communications submitted to the agency by tribal officials.

(c) To the extent practicable and permitted by law, no agency 

shall promulgate any regulation that has tribal implications 

and that preempts tribal law unless the agency, prior to the 

formal promulgation of the regulation,

(1) consulted with tribal officials early in the process of developing the proposed regulation;

(2) in a separately identified portion of the preamble to the 

regulation as it is to be issued in the Federal Register, provides 

to the Director of OMB a tribal summary impact statement, 

which consists of a description of the extent of the agency’s 

prior consultation with tribal officials, a summary of the 

nature of their concerns and the agency’s position supporting the need to issue the regulation, and a statement of the 

extent to which the concerns of tribal officials have been 

met; and

(3) makes available to the Director of OMB any written communications submitted to the agency by tribal officials.

(d) On issues relating to tribal self-government, tribal trust 

resources, or Indian tribal treaty and other rights, each 

agency should explore and, where appropriate, use consensual mechanisms for developing regulations, including 

negotiated rulemaking.

Sec. 6. Increasing Flexibility for Indian Tribal Waivers.

(a) Agencies shall review the processes under which Indian 

tribes apply for waivers of statutory and regulatory requirements and take appropriate steps to streamline those 

processes.

(b) Each agency shall, to the extent practicable and permitted by law, consider any application by an Indian tribe for a 

waiver of statutory or regulatory requirements in connection with any program administered by the agency with a 

general view toward increasing opportunities for utilizing 

flexible policy approaches at the Indian tribal level in cases in 

which the proposed waiver is consistent with the applicable 

Federal policy objectives and is otherwise appropriate.

(c) Each agency shall, to the extent practicable and permitted by law, render a decision upon a complete application 

for a waiver within 120 days of receipt of such application by 

the agency, or as otherwise provided by law or regulation. 

If the application for waiver is not granted, the agency shall 

provide the applicant with timely written notice of the decision and the reasons therefor.

(d) This section applies only to statutory or regulatory 

requirements that are discretionary and subject to waiver by 

the agency.

Sec. 7. Accountability.

(a) In transmitting any draft final regulation that has tribal 

implications to OMB pursuant to Executive Order 12866 of 

September 30, 1993, each agency shall include a certification 

from the official designated to ensure compliance with this 

order stating that the requirements of this order have been 

met in a meaningful and timely manner.
23

(b) In transmitting proposed legislation that has tribal implications to OMB, each agency shall include a certification from 

the official designated to ensure compliance with this order 

that all relevant requirements of this order have been met.

(c) Within 180 days after the effective date of this order 

the Director of OMB and the Assistant to the President for 

Intergovernmental Affairs shall confer with tribal officials to 

ensure that this order is being properly and effectively implemented.

Sec. 8. Independent Agencies. Independent regulatory agencies are encouraged to comply with the provisions of this 

order.

Sec. 9. General Provisions.

(a) This order shall supplement but not supersede the 

requirements contained in Executive Order 12866 (Regulatory Planning and Review), Executive Order 12988 (Civil 

Justice Reform), OMB Circular A–19, and the Executive Memorandum of April 29, 1994, on Government-to-Government 

Relations with Native American Tribal Governments.

(b) This order shall complement the consultation and waiver 

provisions in sections 6 and 7 of Executive Order 13132 (Federalism).

(c) Executive Order 13084 (Consultation and Coordination 

with Indian Tribal Governments) is revoked at the time this 

order takes effect.

(d) This order shall be effective 60 days after the date of this 

order.

Sec. 10. Judicial Review. This order is intended only to improve 

the internal management of the executive branch, and is not 

intended to create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law by a party 

against the United States, its agencies, or any person.

THE WHITE HOUSE,

November 6, 2000
24

Appendix C

EPA 2003 Strategic Plan, Five Goals of the Agency

The Agency’s 2003 Strategic Plan, serves as a road map for 

the next fi ve years. It includes fi ve long-term goals to guide 

future efforts of the Agency and also assess the current progress towards Agency goals. The fi ve goals are based on the 

themes of air and global climate change, water, land, communities and ecosystems, and compliance and environmental 

stewardship. These themes refl ect EPA’s mission, “to protect 

human health and the natural environment.”

In addition, the Plan discusses strategies the Agency is applying across all fi ve goals, in areas such as science, human 

capital, innovation, information, homeland security, partnerships, and economic and policy analysis. 

Goals of the 2003 Strategic Plan

■ Clean Air and Global Climate Change

■ Clean and Safe Water

■ Land Preservation and Restoration

■ Healthy Communities and Ecosystems

■ Compliance and Environmental Stewardship

Readers can visit www.epa.gov/ocfopage/plan/plan.htm to gain 

access to the EPA 2003 Strategic Plan document.
25

Appendix D

EPA OPPTS National Program Manager Guidance 

to Regions, FY 2005-2007 

The Office of Prevention, Pesticides, and Toxic Substances 

(OPPTS) recently issued the National Program Manager 

Guidance to Regions in hopes of “...addressing the critical 

Regional activities that are directed at achieving the goals 

for environmental and public health protection contained in 

the Agency’s Strategic Architecture.”

Following is a reprint of the Introduction and Executive 

Summary listed in the original document. For the remaining text captured in the OPPTS National Program Manager 

Guidance, readers can visit www.epa.gov/ocfopage/

npmguidance/index.htm.

INTRODUCTION & EXECUTIVE SUMMARY

The OPPTS NPM Guidance for 2005-2007 addresses the critical Regional activities that are directed at achieving the goals 

for environmental and public health protection contained in 

the Agency’s Strategic Architecture. Included in the Guidance 

are priority program areas that were identified by the Office 

of Pesticide Programs (OPP), the Office of Pollution Prevention and Toxics (OPPT) and the Regions.

OPP’s Regional Performance Priorities include (1) Pesticides 

& Endangered Species, (2) Pesticide Worker Safety and (3) 

FQPA/Strategic Agricultural Initiative (SAI). Acting on a 

request from the Regions, the Pesticides & Water Resource 

Protection program was added to the priority program list. 

OPPT’s Regional Performance Priorities include critical activities within Lead, Pollution Prevention, PCB’s, Asbestos, HPV/ 

VCCEP and Mercury programs. OPPT asks the Regions to pay 

particular attention to the critical areas of Lead and Pollution 

Prevention.

These performance priorities align with the Agency’s new 

five-goal Strategic Plan Architecture and are focused in Goals 

2, 4 and 5. The priorities also contribute to the accomplishment of the Administrator’s 500 Day Plan.

OPPTS will soon finalize a five-year Tribal Strategic Plan that 

identifies priority activities for strengthening environmental and health protection in Indian country and other tribal 

areas Including in Alaska. Beginning in FY 2005, the Regions 

are asked to participate in the development of an annual 

tribal activities plan called for in the Strategic Plan. 

Regions are also asked to continue their efforts to build 

relationships with the tribes, which serve to strengthen 

Tribal capacity and infrastructure. Further, Regions are 

asked to encourage staff and management to participate 

in the Working Effectively with Tribal Governments training 

seminar to enhance their ability to work with our tribal partners. In addition to the Tribal program, OPPTS recognizes that 

cross-cutting considerations such as Environmental Justice 

(EJ) and Children’s Health should be factored into the implementation approaches for program priorities.

In another important arena, OPPTS has constituted and convened two meetings of the National Pollution Prevention and 

Toxics Advisory Committee (NPPTAC), intended to provide 

broad advice and guidance concerning the direction and 

content of a wide variety of OPPTS programs. NPPTAC may 

recommend actions that will materially affect this Guidance. 

Any adjustments to the Guidance will be made as part of 

the overall planning/ budgeting/accountability process. Following are highlights of the key components of the OPPTS 

Guidance.

PESTICIDES & ENDANGERED SPECIES

OPPTS is collaborating with FWS and the National Marine 

Fisheries Service (NMFS) to improve our efforts to protect 

endangered species. We will be working to identify changes 

to existing policies, regulations, and the regulatory processes 

that will enhance protection of endangered species with 

minimal impact on food producers and pesticide users. EPA 

is also strengthening endangered species risk assessment/

effects determinations processes as well as implementation 

protection efforts in the field. These efforts will be closely 

monitored and include a plan to measure outcomes.
26

PESTICIDE WORKER SAFETY PROGRAMS (Worker 

Protection, Pesticide Applicator

Certification & Training, and Outreach to Health Care Providers) OPPTS will collaborate with States/tribes, other federal 

agencies, industry groups, trade organizations, advocacy 

groups, community-based organizations, the regulated 

community and other program stakeholders on efforts 

to improve the health, safety and protection of pesticide 

workers. This includes agricultural workers, private applicators (farmers) and their family members working around 

pesticides, pest control operators, pesticide mixers/loaders/

handlers, and the full range of other workers that may work 

with or around pesticides. EPA will strive to assure the protection and safety of pesticide workers by making a number of 

regulatory program improvements and enhancements, and 

by working with States/tribes and our other regulatory partners to ensure the regulated community is in full compliance 

with applicable regulations that are designed to protect pesticide workers. EPA will also work to improve pesticide worker 

health and safety through: compliance assistance to the regulated community; outreach/education programs; pesticide 

safety training programs; community-based grant programs; 

risk-based targeting approaches; outreach to health care 

providers that treat pesticide-related illnesses; and, a variety 

of other innovative approaches. Measuring outcomes is critical to gauging program success.

STRATEGIC AGRICULTURAL INITIATIVE

Strategic Agricultural Initiative (SAI) staff will work with U.S. 

producers to implement 1-3 model agricultural partnership 

projects a year (per Region) that utilize the SAI Toolbox – to 

be released in May 2004. These projects will demonstrate and 

facilitate the adoption of farm management decisions and 

practices that provide growers with a “reasonable transition” 

away from the highest risk pesticides, as mandated by FQPA. 

All SAI grant proposals in the future must include a plan to 

measure outcomes.

PESTICIDES AND WATER RESOURCE PROTECTION

OPPTS will protect water resources from pesticide contamination. EPA, States and tribes will identify and mitigate adverse 

effects to water resources from registered pesticides. The 

Office of Pesticide Programs (OPP), the Office of Water and 

Regions will develop guidance on protecting water resources 

from pesticides. Progress in protecting water resources from 

pesticides will be closely monitored and outcome measures 

will be included in all plans developed for this effort.

LEAD

On April 13, OPPT is convening a meeting of Regional Division Directors responsible for the Lead program for a variety 

of strategic discussions concerning future directions of 

this major program. The regions have proposed different 

approaches to deal with the problem of lead- poisoned children and positions EPA to meet its strategic goal for 2010. 

Headquarters and regional management need to select the 

combination of approaches that offers the most promise 

for an effective national program to achieve this goal. Once 

agreement has been reached on program direction, OPPT 

will meet with first-line regional supervisors and selected 

states to discuss implementation strategies. We anticipate 

that a set of approaches, implementation steps, and plan for 

any needed redirection of resources will be in place in fiscal 

year 2005. Shortly thereafter, we will revise this Guidance to 

include any new strategies, measures, and need for regional 

commitments that result from this process.

POLLUTION PREVENTION

OPPT is revamping the pollution prevention program from 

a series of pilot efforts in P2 to selecting from among the 

pilots that were most successful to expand them into a 

national effort. As part of this effort to more narrowly focus 

the program, we are asking the regions to make every effort 

to incorporate P2 into every agreement with the states and 

tribes and as a consideration for media program and enforcement actions taken. At the same time, headquarters P2 staff 

and managers will approach other headquarters programs to 

ensure that P2 is included in their guidance, their grant guidance, their policies, etc. This two-pronged approach offers the 

best chance of success for integrating P2 into day-to-day programmatic activities and decision-making across the Agency. 

We anticipate that an agreed-upon set of approaches, implementation steps, and a plan for any redirection of resources 

will be in place in FY 2005. Shortly thereafter we will revise 

the NPM Guidance to include any new strategies, measures 

and the need for reporting that result from this process.
2727
28

Appendix E

The Offi ce of Program Management and Operations (OPMO)

OPMO is part of the Immediate Offi ce (IO) of the Assistant 

Administrator for Prevention, Pesticides and Toxic Substances 

and has overall coordination responsibility for the OPPTS 

Tribal Program within the Assistant Administrator’s Offi ce 

and across the Agency .

OPMO coordinates and manages administrative, personnel, 

budget, information technology and multi-media special 

emphasis programs and related activities for the Assistant 

Administrator (AA) and other high ranking offi cials in the 

AA’s Offi ce. Generally, OPMO provides consultation, analysis 

and program support services to OPPTS IO Senior Management and program staff. 

OPMO personnel act and speak for the IO, as directed by 

senior management, on policy and program issues. OPMO 

staff also provide an advisory and liaison function across the 

Agency and with external partners. Further, they work with 

EPA subject matter experts and specialists, members of other 

federal agencies, state, tribal, and local governments, industry 

groups, environmental organizations and private individuals 

to formulate and implement programs and policies.

The Offi ce of Pesticide Programs (OPP)

OPP implements the requirements of the Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, 

Drug, and Cosmetic Act (FFDCA), both of which were revised 

by the Food Quality Protection Act (FQPA) in 1996. OPP 

regulates the use of all pesticides in the United States and 

establishes maximum tolerance levels for pesticide residues 

in food, in order to safeguard the nation’s food supply. 

OPP works closely with EPA’s Offi ce of Enforcement and Compliance Assurance (OECA), the ten EPA regions, states, tribes, 

industry, environmental groups, and the concerned public to 

promote responsible use, management, sale and distribution 

of pesticides. The sharing of experiences that accompanies close involvement with interested parties helps OPP to 

conduct sound scientifi c pesticide risk assessments, make 

balanced risk management decisions for the use of individual pesticides, and ensure nationally consistent compliance 

and enforcement of pesticide regulations by EPA, tribes and 

states.

In addition to its regulatory functions, OPP provides information, coordination, education and outreach on issues ranging 

from worker protection to preventing misuse of pesticides. 

OPP participates in a number of partnerships related to pesticide use. The Pesticide Environmental Stewardship Program 

is a voluntary private and public network dedicated to reducing pesticide use and risk. The Consumer Labeling Initiative 

is an effort to ensure that pesticide labels explain safe use, 

storage and disposal procedures in easily understood language. OPP’s efforts in Integrated Pest Management (IPM), 

which encourages the development and implementation of 

alternative pest management techniques in all arenas, focus 

attention on ensuring the safety of our nation’s school children. 

OPP Tribal Program staff members are currently working 

with EPA regional tribal pesticides staff and colleagues in 

other EPA programs, tribal representatives, Tribal Pesticide 

Program Council (TPPC), members, and other tribal experts 

to determine the impacts of pesticides on traditional tribal 

cultural lifeways. The fi ndings of this analysis will be shared 

across the Agency and with tribes throughout the country. 

(The larger role of the TPPC and its partnership with OPP is 

discussed in greater detail elsewhere in this report.)

OPP promotes in-house continuing education and understanding of tribal history and sovereignty, the federal 

government’s trust responsibility to federally-recognized 

tribes and other uniquely tribal socio-cultural, economic and 

political issues, through formal trainings such as the Working 

Effectively with Tribal Governments course and informal 

Key OPP Field Programs

■ Protection of agricultural workers and handlers from 

pesticide exposure risks

■ Certifi cation and training of pesticide applicators

■ Ground and surface water quality management 

■ Safe storage and disposal of pesticides

■ Endangered species protection 

■ Other emerging areas of concern.
29

events featuring tribal speakers, informational videos, and 

other educational media.

The Offi ce of Pollution Prevention and Toxics (OPPT)

OPPT was formed in 1977 with the primary responsibility for 

administering the Toxic Substances Control Act (TSCA). This 

law covers the production and distribution of commercial 

and industrial chemicals in the United States. 

OPPT has responsibility for assuring that chemicals made 

available for sale and use in the United States do not pose 

adverse risks to human health or to the environment. OPPT’s 

responsibility was expanded with the passing of the Pollution 

Prevention Act of 1990 (PPA). This Act established pollution 

prevention as the national policy for controlling industrial 

pollution at its source. 

OPPT also manages the Agency’s Chemical Right-To-Know 

Initiative, the Design for the Environment (DfE), Green 

Chemistry, and Environmentally Preferable Products (EPP) 

programs; and the Lead, Mercury, Asbestos, Polychlorinated 

Biphenyls (PCBs), and Persistent Bioaccumulative Toxics 

(PBTs) programs.

OPPT has organized training for OPPT employees, including 

Working Effectively with Tribal Governments, which provides 

information on tribal cultures and values, and on the legal and 

historical basis for the unique relationship that exists between 

federally-recognized tribes and the federal government. 

The Offi ce of Science Coordination and Policy 

(OSCP)

OSCP provides coordination, leadership, and peer review 

of science and science policy within OPPTS. Program areas 

under OSCP include biotechnology, endocrine disruptors 

and the Federal Insecticide, Fungicide, and Rodenticide Act 

(FIFRA) Scientifi c Advisory Panel (SAP).

OSCP’s main focus is providing advice and leadership on 

cross-cutting science policy issues and emphasizing quality 

science and emerging scientifi c and technical issues. OSCP 

provides science support and advisory functions within 

OPPTS by: 

■ Making available a core group of senior science advisors 

with a wide range of expertise in risk assessment, providing a means for scientists to work on short term projects as 

a growth, training or sabbatical opportunity;

■ Centralizing some key functions such as peer review implementation including management of the FIFRA Scientifi c 

Advisory Panel (SAP); and

■ Increasing science outreach activities.

The Role of the Offi ce of Enforcement and Compliance Assurance (OECA)

The Offi ce of Enforcement and Compliance Assurance 

(OECA), working in partnership with EPA regional offi ces, 

state governments, tribal governments and other federal 

agencies, ensures compliance with the nation’s environmental laws. Employing an integrated approach of compliance 

assistance, compliance incentives and innovative civil and 

criminal enforcement, OECA and its partners seek to maximize 

compliance and reduce threats to public health and the environment. To implement this approach OECA sets national 

compliance assurance and enforcement priorities through 

strategic planning and targeting; collecting and intergrating 

compliance data; developing effective compliance monitoring programs to support inspections and self-reporting; and 

building the capacity for more effective compliance assistance to the regulated community; improving the quality 

of regulations. OECA is also responsible for implementing 

compliance assistance, compliance monitoring, and enforcement programs under the Federal Insecticide, Fungicide and 

Rodenticide Act and the Toxic Substance Control Act and 

for managing state, territorial, and tribal pesticide and toxic 

enforcement cooperative agreement programs. In partnerOPPT focuses on the following four primary areas:

■ Promoting pollution prevention as the guiding principle for controlling industrial pollution; 

■ Promoting safer chemicals through a combination of 

regulatory and voluntary efforts; 

■ Promoting risk reduction to minimize exposure to 

existing substances such as lead, asbestos, dioxin, and 

PCBs; and 

■ Promoting public understanding of risks by providing 

understandable, accessible and complete information 

on chemical risks to the broadest audience possible.
30

ship with its state, territorial, and tribal counterparts, OECA 

monitors compliance with the sale, distribution and use of 

pesticides and pesticidal devices.

As it relates to tribes, OECA supports EPA’s broader mission 

of protecting human health and the environment on tribal 

lands. The program’s overall aim, consistent with the EPA’s 

Tribal Policies and Initiatives, is to improve compliance in 

Indian Country in a manner that recognizes the sovereignty 

of Tribal governments. The Enforcement and Compliance 

Assurance Tribal Program and the EPA Regional Offices work 

with Indian tribes on a government-to-government basis 

to identify compliance assistance, monitoring, enforcement 

and capacity building issues affecting Indian communities. 

Strategies are developed to address these issues, including 

the development of compliance monitoring programs in 

Indian country. OECA is also working with a number of tribes 

to develop and implement tribal pesticide compliance and 

cooperative enforcement programs in Indian country. Additionally, OECA works with the Tribal Operations Committee 

and the National Environmental Justice Advisory Council’s 

Indigenous Peoples Subcommittee and Enforcement Subcommittee on overall compliance and enforcement issues 

on Indian lands and participates with OPP at the Tribal Pesticide Program Council meetings.

EPA Regional Role

The EPA regional offices provide input in the development of 

Agency rules, regulations, strategies, and operating policies. 

They provide technical assistance, guidance and financial 

support to Indian tribes, states, local governments, and 

interests groups and associations that develop and provide 

protective programs for human health and the environment. 

The regional offices work in partnership with states and 

Indian tribes to implement pesticide, toxics, and pollution 

prevention programs, and are responsible for program oversight. 

In some cases, the regions conduct direct implementation 

and enforcement of non-delegated programs. Tribal governments work cooperatively with EPA to reduce risk associated 

with lead, PCBs, asbestos, and PBTs. Tribes with EPA-funded 

pesticide programs work to ensure compliance with pesticide laws in their Indian country. The regional staffs serve as 

the primary communication link between the Indian tribes, 

states, local governments, other stakeholder groups and 

EPA’s national program offices.
31

Seattle, Washington, August 23, 2001

Participant Name Participant’s Affiliated 

Organization

Marie Nelson Igivgig Tribal Village 

Council

Lydia Olympic Igivgig Tribal Village 

Council

Chris Porter Nez Perce Water Resources

Roland Shanks Alaska Inter-Tribal Council

Eric Gjevre Cour d’Alene Tribe Circuit 

Rider

Diana Boquist EPA Region 10, Tribal Office

Marie McPeak EPA Region 10, Tribal Office

Tiffany Allgood Cour d’Alene Tribe, Natural 

Resources Department, 

Environmental Office

Chris M. Gannon Confederate Tribes of Warm 

Springs-Oregon

Kathleen Feehan Confederate Tribes of 

Grand Ronde, Oregon

Moses D. Squeochs Yakima Nation

Alan Moomaw EPA Region 10

Scott Sufficool EPA Region 10, Tribal Office

Carole Holley Louden Tribal Council, 

Galona, Alaska

Phil Robinson EPA OPPT

Caren Rothstein-Robinson EPA OPPTS

Karen Rudek EPA OPP

Fran Stefan EPA Region 10, Office of 

Waste and Chemical 

Management

Jean Gamache EPA Region 10, Alaska

Appendix F

Tribal Participants at the OPPTS Tribal Strategic Plan Focus Group Meetings

Carlton, Minnesota, October 18, 2001

Participant Name Participant’s Affiliated 

Organization

Caren Rothstein-Robinson EPA OPPTS

Karen Rudek EPA OPP

Scott Doig Mille Lacs Band of Ojibwe

Michelle Big John Lac de Flabeau Tribe, Lead 

Program

Al Baird Oneida Tribe

Gary Schuettpelz Menominee Tribe

Marilyn Whitens Lac Vieux Desert

Inga Bock Inter-Tribal Council of 

Michigan

Fred VandeVenter Fond du Lac Band of Lake 

Superior Chippewa

Bill Smith Red Lake Band of 

Chippewa

Ken McBride Red Lake Band of 

Chippewa

Mark O’Harrow Winnebago Tribe of 

Nebraska

Mark Versch Winnebago Tribe of 

Nebraska

Christine Berini Fond du Lac Band of Lake 

Superior Chippewa
32

Denver, Colorado, October 29, 2001

Participant Name Participant’s Affiliated 

Organization

Claire Ware Wind River Environmental 

Quality Commission

Baptiste Weed Wind River Environmental 

Quality Commission

Kenneth Timbana Northwestern Band of the 

Shoshone Nation

Cliff Johnson Yankton Sioux Tribe 

Environmental Protection 

Program

Deb Madison Fort Peck Tribes

Tom Rice Ute Mountain Ute 

Environmental Department

Tom Brown Southern Ute Utility 

Division

Fran King Brown Southern Ute Indian Tribe 

Environmental Department

Rhonda L. Azure Turtle Mountain Band of 

Chippewa

Sadie Hoskie EPA Region 8, Tribal Affairs 

Program

Adolph Cadue Kickapoo Tribe in Kansas

Gerald Wagner Blackfeet Tribe of Montana

James Hickman Three Affiliated Tribes

Larry Ekhoff Quapaw Tribe of Oklahoma

Anchorage, Alaska, October 30, 2001

Participant Name Participant’s Affiliated 

Organization

Caren Rothstein-Robinson EPA OPPTS

Karen Rudek EPA OPP

Scott Sufficool EPA Region 10

Santina Baumeister EPA Region 10, Alaska

Roland Shanks Alaska Inter-Tribal Council

Lorena Skouberg Alaska Inter-Tribal Council

Kate Williams Native Village of Eyak

Angie Walle Chickaloon Village 

Traditional Council

Elsie Sampson Noorvik Native Community

Jean Gamache EPA Region 10, Alaska

Marty Waters Native American Fish and 

Wildlife Society

V. Hykes Steere Advocate

Art Ivanoff Village of Unalakleet

Violet Yeaton Port Graham Village 

Council

Tom Evans Nanwalek IRA

Sabrina Volstad Seldovia Village Tribe

Joe Williams Organized Village of 

Saxman

Lydia Olympic Igivgig Tribal Village 

Council

Lee Stephan Eklutna Village
33

Tucson, Arizona, December 10, 2001

Participant Name Participant’s Affiliated 

Organization

Marshall K. Cheung 29 Palms Tribal EPA

Desi Vela Ewwiiaapaayp Band of 

Kumeyaay Indians

Scott Bulgrin Pueblo of Sandia

Erin Dean Kaibab Piaute

David Todd Chemehuevi Indians of 

Southern California

William Campbell Tohono O’odham Nation, 

Water Resources

Calvert C. Curley Navajo Nation EPA

Michael Vaughn Inter Tribal Council of 

Arizona, Inc.

Henry Ghiotto Quechan Tribe Pesticide 

Control

John Roanhorse Institute for Tribal 

Environmental 

Professionals at Northern 

Arizona University

Margaret Cook Gila River Indian 

Community

Gayl Shingotewa-Honanie Hopi Environmental Protection Office

Eileen Lopez Tohono O’odhan Nation, 

Pesticide Program

Cathy Garcia University of Arizona, AISP 

Master Program

Jim Fletcher EPA SPBO

Denise Moreno Udall Center for Studies in 

Public Policy, University of 

Arizona

Faith Soto Tohono O’odham 

Nation, Pollution 

Prevention Program

Ken Cronin Tohono O’odham Nation 

EPA

Earl Bautista Tohono O’odham Nation 

EPA

Cornelius D. Antone Tohono O’odham Nation 

EPA

George E. Bennett, former 

Chairman

Grand Traverse Band of 

Ottawa/Chippewa Indians

Harrilene Yazzie Fort McDowell Yavapai 

Nation

USET, Washington, D.C., January 30, 2002

Participant Name Participant’s Affiliated 

Organization

Laura Lee Poarch Creek Indians

Robert Thrower Poarch Creek Indians

Calvin Murphy Eastern Band of Cherokee 

Indians

Steve Stilwell Micosukee Tribe of Indians 

of Florida

Cherise Maples Eastern Band of Cherokee 

Indians

Bernadette Hudnell Mississippi Band of 

Choctaws

Dean Canty Catawba Indian Nation

Jim Brown U.S. Fish and Wildlife 

Service

Phil Robinson EPA OPPT

Fred Corey Aroostook Band of 

Micmacs

Jeff Day Wampanoag Tribe Natural 

Resources

Jim Sappier EPA Region 1

Eva Tasaki EPA Region 1

Teresa Harris Catawba Indian Nation

Pat Durham U.S. Fish and Wildlife 

Service

Ken Green Indian Health Service

Es Dempsey National Native News

Gene Duncan Micosukee Tribe of Indians 

of Florida
34

Appendix G

The Forum on States and Tribal Toxics Action 

(FOSTTA) and Tribal Pesticide Program Council 

(TPPC) Representatives

FOSTTA Representatives

EPA Region 1

Fred E. Corey, FOSTTA TAP Co-Chairperson, 

Environmental Director, Aroostook Band of Micmacs

Trevor White, FOSTTA TAP Alternate, 

Environmental Planner, Passamaquoddy Indian Township 

Reservation

EPA Region 2

Ken Jock, Environmental Division Director, 

St. Regis Mohawk Tribe

EPA Region 4

Laura Cook, Poarch Band of Creek Indians

EPA Region 5

Jeff Mears, Oneida Tribe of Indians of Wisconsin

Christine Berini, Fond du Lac Reservation

EPA Region 6

Nancy John, Office of Environmental Service Intertribal 

Environmental Council, Cherokee Nation

Keith Manwell, Jicarilla Apache Nation

EPA Region 7

Amen Sheridan, Pesticide Administrator Officer, Environmental Protection Department, Omaha Tribe

Tony Provost, Director, Environmental Protection Department, Omaha Tribe

EPA Region 8

Kim Clausen Jensen, Environmental Director, Oglala Sioux 

Tribe

Gerald Wagner, Environmental Director, Blackfeet Tribe of 

Montana

EPA Region 9

Calvert L. Curley, Department Director, Environmental 

Protection Agency, Navajo Nation

EPA Region 10

Art Ivanoff , Native Village of Unalakleet

Shawna Larson, Native Village of Chickaloon

Jerry Pardilla, Deputy Director, Alaska Inter-Tribal Council

TPPC Representatives

Lil Wilmore, TPPC Coordinator, Native Ecology Initiative 

Bob Abdo, Yankton Sioux Tribe

Jefferson Biakeddy, Navajo Nation

Michiko Bond, Southern Ute Indian Tribe

Gary Burns, Shoalwater Bay Indian Tribe

Diania Caudell, California Indian Basketweavers Association

William Cleveland, Colville Confederated Tribes

Fred Corey, Aroostook Band of Micmacs

Ken Cronin, Tohono O’Odham Nation

Calvert Curley, Navajo Nation

Chris Devers, Pauma/Yuima Band of Mission Indians

Latane N. Donelin, Prairie Band Potawatomi Nation

Kesner Flores, Cortina Rancheria

Henry Ghiotto, Quechan Indian Tribe

Eric Gjevre, Coeur d’Alene Tribe

Marco Guske, Yakama Nation

Art C. Ivanoff, Native Village of Unalakleet

Katie Larson, Fond du Lac Band of Chippewa

Walter Linton, Pauma/Yuima Band of Mission Indians

Eileen Lopez, Tohono O’Odham Nation

Keith C. Manwell, Jicarilla Apache Nation

Kevin McKernan, Yurok Tribe

Lori McKinnon, Yurok Tribe

Kelly Mills, Fort Mojave Indian Tribe

Ralph Morris, Gila River Indian Community

Sheila B. Nanaeto, Southern Ute Indian Tribe

David Nash, Iowa Tribe of Oklahoma

Scott Palmer, Quapaw Tribe of Oklahoma

Jeremy Phillips, Salt River Pima-Maricopa Indian Community

Marcie Phillips, Shoshone Paiute Tribes of Duck Valley

Tom Pietila, Lac Vieux Desert Band of Lake Superior Chippewa

Robin Powell, Pyramid Lake Paiute Tribe

Irving Provost, Oglala Sioux Tribe

Stuart Red Wing, Santee Sioux Tribe of Nebraska

Elroy Robertson, Colorado River Indian Tribes

Amen Sheridan, Omaha Tribe of Nebraska

Javier Silva, Sherwood Valley Rancheria

Moses Squeochs, Yakama Nation

Elaine White Pipe Thompson, Lower Brule Sioux Tribe

Gerald Wagner, Blackfeet Tribe of Montana

Elaine Wilson, Intertribal Council of Arizona
35

Appendix H

OPPTS Indian Program Contacts 

(for questions on the Plan)

Caren Rothstein-Robinson

OPPTS Immediate Offi ce

202-564-0544

Mary Lauterbach

OPPT Environmental Assistance Division

202-564-8821

Darlene Watford

OPPT National Program Chemicals Division

202-566-0516 

Louise Little

OPPT Pollution Prevention Division

202-564-8851 

Harry Lewis

OPPT Information Management Division

202-564-8642 

Phil Robinson

OPPT Environmental Assistance Division

202-564-8824 

Letitia Tahan

OPPT Risk Assessment Division

202-564-7669 

Joe Boyd

OPPT Chemical Control Division

202-564-8083 

Georgia McDuffi e

OPP

703-605-0195

Marlene Regelski-Reddoor

EPA American Indian Environmental Offi ce

202-564-0290

Emma Avant

EPA Region 5

312-886-7899

Dave Combs

EPA Region 8

303-312-6021

Pam Cooper

EPA Region 10

415-947-4217
Helpful EPA Web Links

EPA Home Page

http://www.epa.gov/

Office of Prevention, Pesticides and Toxic Substances

http://www.epa.gov/oppts/

OPPTS Tribal Programs

http://www.epa.gov/oppts/tribal.htm

Links to EPA Program Offices

http://www.epa.gov/epahome/programs.htm

The American Indian Environmental Office

http://www.epa.gov/indian/

Office of Enforcement and Compliance Assurance

http://www.epa.gov/compliance/

NOTICE

This document is intended to provide internal United States Environmental Protection Agency (EPA) guidance regarding 

implementation of the national prevention, pesticide and toxic programs. It is designed to implement the April 29, 1994 

Presidential Memorandum regarding government-to-government relations with native American tribal governments and the 

EPA Policy for the Administration of Environmental Programs on Indian Reservations (“Indian Policy”), which address working 

with federally-recognized tribal governments on a government-to-government basis. This Plan does not, however, substitute 

for requirements in federal statutes or regulations, nor is it a requirement itself. This Plan is not intended to create any right 

or trust responsibility enforceable in any cause of action by any party against the United States, its agencies, or offices, or any 

person. Thus, it cannot impose legally binding requirements on EPA, and may not apply to a particular situation, based upon 

the circumstances. EPA may change this Plan in the future, as needed, without public notice. Additionally, terms and interpretations used in this Plan are unique to and consistent with the federal trust responsibility to federally-recognized tribes, the 

obligation to consult with tribal governments on a government-to-government basis, and the Indian Policy. These terms and 

interpretations do not apply to situations where tribal governments are not involved and, therefore, cannot impose legally 

binding requirements on EPA. EPA welcomes public comment on this Plan at any time, and will consider those comments in 

any future revisions of the document.