Office of Solid Waste and 

Emergency Response 

 Tribal Strategy

EPA & TRIBAL PARTNERSHIP TO 

PRESERVE AND RESTORE LAND 

IN INDIAN COUNTRY

 November 2008
NOTICE 

This document, OSWER Tribal Strategy: EPA and Tribal Partnership to Preserve and Restore Land in Indian 

Country, is intended to provide guidance regarding implementation of the OSWER Tribal Program. It is designed to 

be consistent with 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 addresses working with federally-recognized tribal governments on a 

government-to-government basis. This Tribal Strategy does not, however, substitute for requirements in federal 

statutes or regulations, nor is it a requirement itself. It 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 does not impose any legally binding requirements on EPA. In addition, this guidance does not confer legal 

rights or obligations or impose legal obligations upon the tribes or any member of the public. EPA may change this 

Tribal Strategy in the future, as needed, without public notice. Additionally, terms and interpretations used in this 

Tribal Strategy are unique to and consistent with the federal trust responsibility to federally-recognized tribes, the 

need to consult with tribal governments on a government-to-government basis, and the EPA Indian Policy. EPA 

welcomes public comment on this Tribal Strategy at any time, and will consider those comments in any future 

revisions of the document. 
Table of Contents

I. Introduction ...............................................................................................................................1 

II. Overview of OSWER’s Programs..........................................................................................2 

III. Development of the OSWER Tribal Strategy......................................................................6 

IV. EPA Strategic Plan, the Administrator’s Action Plan, and OSWER Action Plan...........7 

V. OSWER Tribal Program’s Mission, Goals, Strategies, Activities, Measures, and 

Indicators........................................................................................................................................9 

A. Cross-Program Measurement...........................................................................................10 

B. Program-Specific Goals, Strategies, Activities and Measures .......................................11 

1. OSWER-wide (IPCO).....................................................................................................12 

2. Solid and Hazardous Waste ...........................................................................................15 

3. Superfund ........................................................................................................................19 

4. Brownfields......................................................................................................................22 

5. Underground Storage Tanks (USTs) ............................................................................25 

6. Emergency Management................................................................................................28 

7. Federal Facilities Restoration and Reuse .....................................................................31 

VI. Summary of OSWER’s Tribal Program Measures and Indicators ................................33 

Appendix A – Summary EPA and OSWER National Indian Programs ........................35 

Appendix B – Information on OSWER Programs ...................................................37 

Appendix C – OSWER Statutory Authorities and Status of Tribes ..............................46 

Appendix D – List of References ........................................................................48 

Appendix E – Links to EPA Tribal Contacts .........................................................49 

Appendix F – Acronyms...................................................................................50 
1

I. Introduction 

EPA’s Office of Solid Waste and Emergency Response (OSWER) is committed to protecting 

human health and the environment in Indian country while supporting tribes’ self government, 

acting consistent with the federal trust responsibility, and strengthening the government-togovernment relationships between tribes and EPA. For more than 20 years, EPA has been 

fulfilling these commitments by providing financial and technical assistance to tribal 

governments to build capacity in OSWER programs. The OSWER Tribal Strategy provides a 

basic framework for continuing to fulfill these commitments. 

The purpose of the Office of Solid Waste and Emergency Response (OSWER) Tribal Strategy is 

to communicate a nationwide approach to protecting public health and land resources in Indian 

country.1,2 This Tribal Strategy identifies key OSWER program strategies and activities that EPA 

believes are particularly important areas of focus and which the Agency intends to support with 

available technical and financial resources during the next five years. 

Priority setting is critical to the success of any environmental program. OSWER programs are 

guided by the EPA Strategic Plan, the Administrator’s Action Plan and OSWER’s Action Plan. 

The OSWER Tribal Strategy will facilitate OSWER’s current and future work so that it clearly 

aligns with EPA’s Strategic Plan and OSWER’s goals and priorities. The identified strategies 

and activities do not represent all of the significant work being done in OSWER’s tribal program, 

but are priority areas that are important to focus on over this time period. 

The OSWER Tribal Strategy identifies tribal program measures and indicators3 that OSWER 

intends to use to track progress toward reaching program goals. OSWER intends to report 

annually on these measures and indicators to better demonstrate progress and results over time, 

and to build a strong basis for future planning and improvements in environmental performance. 

An Annual Report on the OSWER Tribal Strategy Measures will be available on OSWER’s Web 

site (www.epa.gov/oswer/tribal) around December of each fiscal year. 

Partnership is an important aspect of the OSWER Tribal Strategy. Strengthening partnerships 

with tribes, and other entities such as federal agencies, EPA offices, and states, can increase 

environmental accountability, achieve better results, and identify best practices which can be 

shared across Indian country. For example, to successfully achieve some of the goals and 

activities outlined in this strategy, OSWER intends to work cooperatively with EPA’s tribal 

 

1

 Use of the terms "Indian country," "tribal lands," and "tribal areas" within this document is not intended to provide 

legal guidance on the scope of any program being described, nor is their use intended to expand or restrict the scope 

of any such programs, or have any legal effect. 

2

 “Indian country” is defined in 18 U.S.C. Section 1151 as (a) all land within the limits of any Indian reservation 

under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including 

rights-of-way running throughout 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 the state; and (c) all Indian allotments, the Indian titles to which have not been extinguished, including 

rights-of-way running through the same.” Indian country includes, among other types of land, lands held in trust by 

the United States for tribes, Indian pueblos, Indian colonies, and rancherias. Under this definition, EPA treats tribal 

trust lands that have been validly set aside for use by tribes as reservations, and thus, Indian country, even if the trust 

land has not formally been designated as a reservation. 

3 In this document, an “indicator” is a measurement, value, or statistic that provides an approximate gauge of the 

state of the environment or the effectiveness of an environmental management program. 
2

enforcement and compliance program in the Office of Enforcement and Compliance Assurance 

(OECA). OSWER and OECA have determined that the activities listed in this strategy are also 

consistent with OECA’s National Indian Country Enforcement and Compliance Priority.4

 

The OSWER Tribal Strategy covers the five year period of 2009 – 2014, consistent with the EPA 

Strategic Plan. However, it is a living document that is open to further refinement as priorities, 

resources, and circumstances change. OSWER intends to evaluate and refine the OSWER Tribal 

Strategy, considering available tribal resources and the environmental conditions in Indian 

country, through an annual OSWER Tribal Strategy forum meeting with regional offices and 

tribes. In addition, OSWER intends to update this strategy in tandem with the tri-annual public 

review process for updating EPA’s Strategic Plan. In this way, the OSWER Tribal Strategy will 

continue to stay current with environmental activities in Indian country and clearly align with the 

EPA Strategic Plan into the future. 

II. Overview of OSWER’s Programs 

OSWER protects public health and the environment by providing policy, guidance and direction 

on the safe management of wastes; preparing for, preventing and responding to chemical and oil 

spills, accidents, and emergencies; enhancing homeland security; and cleaning up contaminated 

property and making it available for reuse. OSWER carries out these missions in partnership 

with other federal agencies, states, tribes, local governments, communities, nongovernmental 

organizations, and the private sector. The six program offices within OSWER regularly work 

with tribes. Each office has a tribal coordinator whose responsibilities include ensuring 

consistency with policies relating to working with Indian tribes and ensuring that tribes are 

appropriately included in the offices’ activities. The OSWER tribal coordinator is located within 

the OSWER Immediate Office in the Innovation, Partnerships and Communication Office 

(IPCO). The primary functions of these OSWER offices, as well as the regional offices are 

described below. The resources dedicated to tribal work across OSWER’s program offices in 

headquarters are also shown in a chart below. For more information on OSWER’s Tribal 

Program and EPA’s Indian Program, please see Appendix A and Appendix B. Information on the 

environmental statutes that OSWER implements, and how each statute recognizes the status of 

tribal governmental authority is provided in Appendix C. 

 

4 OECA’s National Indian country Enforcement and Compliance Priority can be found at: 

http://epa.gov/compliance/data/planning/priorities/tribal.html 

 
3

Organizational Structure of the Office of Solid Waste and Emergency Response, 

Including Ties to Regional Offices

OSWER Immediate Office – Innovation, Partnerships and Communication Office (IPCO) 

IPCO supports the Assistant Administrator for OSWER and assists OSWER’s individual 

program offices with their innovation, partnership, and communication efforts and coordinates 

the overall OSWER tribal program. The OSWER tribal coordinator resides within IPCO, and 

helps to ensure that the tribal program is coordinated among OSWER program offices and 

throughout EPA. 

Office of Emergency Management (OEM) 

OEM’s overall mission is to provide national leadership to prevent, prepare for, and respond to, 

health and environmental emergencies, and includes the programs for Superfund emergency 

response; oil spill prevention, preparedness and response; and chemical emergency preparedness 

and prevention under the Emergency Planning and Community Right-to-Know Act (EPCRA) 

and the Clean Air Act (CAA), Section 112 (r). Tribes have a similar role as states in the 

development of chemical emergency preparedness programs under EPCRA. In addition, the 

CAA provides that eligible tribes may implement provisions of the CAA in a similar manner as 

states. 

Office of Superfund Remediation and Technology Innovation (OSRTI) 

OSRTI implements the Comprehensive Environmental Response, Compensation, and Liability 

Act (CERCLA or Superfund) which provides broad authority for federal program response to 

releases of hazardous substances. CERCLA provides that EPA afford Indian tribes substantially 

similar treatment as states for certain CERCLA provisions, and work with tribes to identify and 

respond to Superfund-eligible cleanup needs, enhance tribal participation in the cleanup process 

at sites impacting tribes, and provide technical assistance for effective cleanup of uncontrolled or 

abandoned hazardous waste sites. 

Federal Facilities Restoration and Reuse Office (FFRRO) 

Some currently and formerly owned federal facility sites are contaminated with hazardous 

substances, ordnance and explosives, radioactive waste, fuels, or other toxic contaminants, and 
4

may be located in or near Indian country. FFRRO works within EPA, as well as with the 

Department of Defense (DoD), the Department of Energy (DOE), and other federal agencies to 

support effective participation of tribes at sites of tribal interest, and find protective, creative, and 

cost-effective cleanup solutions. FFRRO consists of two core components: the Superfund federal 

facilities response program and the Base Realignment and Closure (BRAC) program. 

Office of Solid Waste (OSW) 

Under the authority of the Resource Conservation and Recovery Act (RCRA), OSW administers 

EPA’s waste management program for entities that generate, transport, treat, store, and dispose 

of hazardous waste and promotes pollution prevention and environmentally-sound recycling. In 

addition, OSW has established criteria for the management of non-hazardous waste, including 

municipal solid waste. OSW also partners and coordinates with other federal agencies to assist 

tribes with the management of their solid and hazardous waste by providing technical assistance, 

funding for assessments of open dumps in Indian country, and developing integrated waste 

management plans. 

Office of Underground Storage Tanks (OUST) 

OUST implements the legislative requirements established under RCRA Subtitle I, mandating 

that EPA regulate certain underground storage tanks (USTs) that contain petroleum or hazardous 

substances. EPA directly implements the federal UST program in Indian country. In August 

2006, OUST finalized an UST Tribal Strategy to implement Section 1529 of the Energy Policy 

Act of 2005 in coordination with Indian tribes and EPA regional offices. In August 2007, as 

required by the Energy Policy Act, OUST submitted a report to Congress on the implementation 

and enforcement of the UST program in Indian country. 

Office of Brownfields & Land Revitalization (OBLR) 

OBLR manages the cleanup, redevelopment and revitalization of brownfields under the Small 

Business Liability Relief and Brownfields Revitalization Act (Brownfields Law). The 

Brownfields Law authorizes funding for assessment and cleanup of brownfields and for state and 

tribal response programs. 

EPA Regions 

EPA Regions are responsible for the execution of the Agency’s programs, and work directly with 

tribes in carrying out these responsibilities. The regions are the primary means for providing 

direct funding support and technical assistance to tribal governments. Staff in OSWER’s 

program offices work closely with their counterparts in EPA’s regional offices to coordinate 

policy and program efforts across the country. Each region has specific emphases based on 

particular environmental problems facing their region and may have their own applicable tribal 

strategies. The efforts of the regions are critical to the successful implementation of the strategies 

and activities of the OSWER Tribal Strategy. For more information about EPA regions, see 

Appendix A. 

There are nine EPA regional offices that include federally-recognized Indian tribes. The regions 

are designated on the map of Indian country below. 
5

Map of Indian Country within EPA Regions 1 though 105

 

5

 This map is intended to provide a general understanding of the location of Indian country, but is neither to scale, 

nor intended as a legal representation. 
6

These numbers are tribal program actual dollars reported by each program office as of Feb. 8, 2008. Note that OEM, 

FFRRO and IPCO also contribute tribal funding for training and outreach project activities that vary from year to 

year. The combined total for these activities is about $200,000 per year. 

III. Development of the OSWER Tribal Strategy 

The OSWER Tribal Strategy was developed with input from OSWER program staff and 

managers, regional staff and managers, and tribes. OSWER conducted an extensive background 

search to ensure that input was obtained from tribes in the initial stages of the draft strategy 

development. In drafting this initial strategy, OSWER considered all tribal comments received 

by EPA on the EPA Strategic Plan. OSWER also considered tribal comments received on the 

OSWER National Program Guidance, and existing tribal program policies, guidance and 

activities in each OSWER program office. In addition, OSWER used notes from discussions 

with tribes from OUST, OSRTI, OBLR and OSW tribal program meetings, meeting notes and 

presentations from the EPA Tribal Operations Committee and Tribal Caucus goal-lead meetings, 

products from OSWER-supported tribal research grants with the National Tribal Environmental 

Council and the Tribal Association on Solid Waste and Emergency Response6

, and summaries of 

EPA Indian Program Policy Council’s meetings with Tribal Caucus representatives. Also 

represented in this strategy are the components of existing tribal strategies from two OSWER 

 

6

 This OSWER-supported association was active from 1998 to 2006. 
7

offices: OUST and OSW. The OUST Tribal Strategy is an external document that was developed 

in consultation with tribes. The OSW Tribal Strategy is an internal document that was developed 

by EPA regions and headquarters. OSWER has combined the primary elements of these 

strategies into the OSWER tribal strategy to reflect a complete picture of OSWER’s work in 

Indian country. 

After the extensive background work to include the tribal perspective, OSWER went through an 

internal iterative process with each program (including discussions with regional program staff) 

to analyze their program activities, identify gaps or redundancies, evaluate funding issues, and 

identify strategies that more clearly align tribal program activities with the EPA Strategic Plan 

goals and objectives. As part of this process, OSWER researched EPA tribal program measures 

and potential sources of information that could support additional ways to track progress towards 

achieving OSWER goals in Indian country. The results of this effort were reviewed by OSWER 

Office Directors, EPA Regional offices, and other EPA programs. OSWER received 173 

comments and numerous edits. This resulting strategy incorporates edits from the internal EPA 

review, which OSWER believes has significantly improved the scope and clarity of the final 

strategy. 

As an immediate next step, OSWER sought the review of the draft strategy by federallyrecognized Indian tribes. In March 2008, OSWER provided the draft strategy to tribes through 

three venues: on the EPA Web site at www.epa.gov/oswer/tribal, through email to all available 

tribal email addresses (including tribal environmental organizations), and by individual mailing 

to every federally-recognized tribe using an updated address list from the EPA American Indian 

Environmental Office (AIEO). OSWER accepted comments on the strategy through July 2008. 

OSWER received comments from 11 tribal reviewers, and responded to their comments in a 

response to comments document and this tribal strategy. 

 

IV. EPA Strategic Plan7, the Administrator’s Action Plan, and OSWER’s Action Plan 

At the conclusion of significant outreach to states, tribes and others, EPA published its Strategic 

Plan for fiscal years 2006 – 2011. The EPA Strategic Plan includes five major goals: 

1. Clean Air and addressing Global Climate Change; 

2. Clean and Safe Water; 

3. Land Preservation and Restoration; 

4. Healthy Communities and Ecosystems; and 

5. Compliance and Environmental Stewardship. 

OSWER’s programs are primarily addressed in Goal 3 and Goal 4. OSWER also manages 

activities involving RCRA waste minimization, which are represented under Goal 5. While EPA 

addresses tribal concerns under all of the goals in the EPA Strategic Plan, Goal 5, Objective 5.3, 

Improve Human Health and the Environment in Indian Country, is a specific section of the EPA 

Strategic plan intended to represent an Agency-wide effort to build tribal capacity, assess 

 

7

 All references to the EPA Strategic Plan refer to the 2006 – 2011 EPA Strategic Plan. To view the EPA Strategic 

Plan for 2006 – 2011, go to http://www.epa.gov/ocfo/plan/plan.htm. 
8

environmental conditions in Indian country, and implement EPA programs in Indian country. 

EPA’s AIEO is responsible for collecting and managing the tribal-related EPA program data to 

support the Goal 5.3 performance measures.8

 AIEO collects this data directly from regional tribal 

program offices and General Assistance Program (GAP) coordinators on a tribe-by-tribe basis. 

The EPA Strategic Plan identifies specific, targeted goals to be achieved by the year 2011, and 

describes strategies for movement toward their attainment. These targets and strategies are 

intended to apply nationally. The OSWER Tribal Strategy shows how OSWER’s tribal priorities 

align with, and will contribute to, fulfilling the goals and objectives of the EPA Strategic Plan. 

EPA has also started to develop the next EPA Strategic Plan, covering the years 2009 – 2014. 

The 2009-2014 Strategic Plan Change Document is EPA’s initial draft document, and was made 

available for public review and comment. The Change Document can be found at: 

http://www.epa.gov/ocfo/plan/plan.htm. 

OSWER Representation in the 2006 – 2011 EPA Strategic Plan 

Goal 3: 

Land Preservation and 

Restoration 

Goal 4: 

Healthy Communities and 

Ecosystems 

Goal 5: 

Compliance and Environmental 

Stewardship 

Objective 3.1: 

Preserve Land

• Hazardous Waste 

• Municipal Waste 

• RCRA Facilities 

• Petroleum Products 

Objective 4.1: 

Chemical, Organism, and 

Pesticide Risk

• Risk Management Plans 

• Local Emergency 

Planning Committees 

Objective 5.1 

Objective 3.2: 

Restore Land

• Superfund 

• RCRA 

• LUST 

Prepare and Respond to Releases

• Oil Spills 

• Emergency Response 

and Homeland Security 

Readiness 

Objective 4.2: 

Communities

• Brownfields 

Objective 5.2: 

Improve Environmental 

Performance through Pollution 

Prevention and other Stewardship 

Practices

• Reduce priority list 

chemicals 

Objective 33: Objective 4.3 Objective 5.3 

Enhance Science and Research

Objective 4.4 Objective 5.4 

Within some of the objectives contained in the EPA Strategic Plan, specific, key targets for 

Indian country are identified. These targets highlight areas in which EPA is emphasizing a 

priority need for improved tribal conditions. They indicate the types of outcomes that are 

expected as a result of Agency efforts to promote human health and the environment for tribes. 

There are two strategic targets in the EPA Strategic Plan related to OSWER’s Tribal Program: 

 

8

 For more information about AIEO, including its functions and relationship to OSWER, please see Appendix A. 
9

1. By 2011, increase by 118 the number of tribes covered by an integrated waste 

management (IWM) plan compared to FY06. [Baseline: 09

; Universe: Number of 

federally-recognized tribes] (EPA Strategic Plan - Goal 3, Objective 3.1). 

2. By 2011, close, clean up, or upgrade 138 open dumps in Indian country and on other 

tribal lands compared to FY06. [Baseline: 010; Universe: IHS w/STARS Database (with 

updated EPA data elements in FY09)] (EPA Strategic Plan - Goal 3, Objective 3.1).

As part of its efforts to implement the objectives of the EPA Strategic Plan, OSWER has 

developed a Fiscal Year 2009 OSWER National Program Manager (NPM)’s Guidance.

11 This 

document identifies OSWER program implementation priorities and milestones for making 

progress toward the goals and objectives presented in the EPA Strategic Plan. Some of the 

implementation priorities are the responsibility of EPA headquarters, while others apply to EPA 

Regions, and/or to tribes. 

In addition to the EPA Strategic Plan, OSWER is guided by the EPA Administrator’s Action 

Plan12 and the OSWER Action Plan.

13 The Administrator’s Action Plan charges EPA to 

accelerate the pace of environmental protection by taking actions that produce environmental 

results and that are accountable to the public. The OSWER Action Plan identifies priorities that 

OSWER will focus on, including improving data and information quality and accessibility and 

strengthening partnerships with other federal agencies, states, tribes, local governments and other 

stakeholders. The OSWER Tribal Strategy incorporates these priorities as key components and 

will enable OSWER to better demonstrate progress and results for its tribal program. 

V. OSWER Tribal Program’s Mission, Goals, Strategies, Activities, Measures, and 

Indicators 

Congress has delegated authority to EPA to ensure that environmental programs designed to 

protect human health and the environment are carried out throughout the United States, including 

in Indian country. In Indian country, OSWER’s mission is to protect human health and the 

environment consistent with EPA’s trust responsibility to tribes and the government-togovernment relationship with tribes. This mission may be approached in the following ways: 

• By building the tribes’ capacity to implement environmental programs and removing 

barriers for tribal program implementation. 

• Through direct implementation of federal laws and programs. 

 

9

 EPA has established a zero baseline for counting the number of tribes that are covered by an integrated waste 

management plan because EPA will be looking at all plans, whether existing or under development, to determine 

whether or not the plans conform to EPA criteria that makes them eligible to count under this measure, as the 

Agency works with tribes to promote effective integrated waste management planning. 10 EPA has established a zero baseline as of FY 2006 for counting the number of open dumps in Indian country that 

have been cleaned up, closed, or upgraded, since this was a new performance measure, starting in FY 2007. Thus the 

measure counts progress from FY 2007 onward. 

11 To view go to: http://www.epa.gov/cfo/npmguidance/index.htm 

12 To view go to: http://www.epa.gov/adminweb/administrator/actionplan.htm 13 To view go to: http://www.epa.gov/oswer/actionplan/index.htm 
10

• Through the promotion of partnerships that leverage federal, tribal, state, and community 

resources and expertise. 

These approaches are consistent with EPA’s Indian Policy14 and are critical components of the 

OSWER Tribal Strategy. 

A. Cross-Program Measurement

OSWER is seeking ways to better manage and communicate the collective accomplishments 

related to cleanup and revitalization in the Brownfields, Superfund, RCRA Corrective Action, 

Underground Storage Tanks, Federal Facilities Response, and Emergency Response programs. 

In 2006, OSWER developed interim guidance on three new cross-program measures. Each 

program has committed to contribute to these cross-program measures and each program intends 

to collect and maintain its own program information towards these measures. As program offices 

determine how they will implement these new cross-program measures, they intend to also 

identify how to capture this information for Indian country. In this way, revitalization and 

cleanup efforts in Indian country can be accounted for and measured as a distinct subset of the 

collective cross-program data. 

The three cross-program measures represent a mix of both internal measures and indicators for 

improved data collection. For purposes of this strategy, and consistent with OSWER guidance, 

the distinction between performance measures and indicators is that performance measures refer 

to qualitative or quantitative methods of assessing progress towards achieving goals and 

objectives, whereas indicators correspond to information that can help give context to 

performance measures, describe national trends, focus program resources and communicate the 

impacts and benefits. The three cross-program measures supported by this strategy (with new 

tribal-specific language added in italics to indicate that under this strategy, OSWER intends to 

track these measures as a subset of the OSWER cross-program measures) are: 

• Universe Indicator 15 -- The number of sites and acres being addressed by OSWER 

cleanup programs (located in Indian country and Alaska tribal lands). 

• Protective for People Measure -- Determination that there is no complete pathway for 

human exposures to unacceptable levels of contamination based on current site 

conditions (including sites in Indian country and Alaska tribal lands). 

• Ready for Anticipated Use Measure -- Determination that cleanup goals have been 

achieved for the site that may affect current as well as reasonably anticipated future land 

uses, and institutional controls identified as part of the remedy are in place (including 

sites in Indian country and Alaska tribal lands). 

For additional information and definition of these measures, please see OSWER’s Interim 

Guidance for OSWER Cross-Program Revitalization Measures, October 18, 2006. 

 

14 To view go to: http://www.epa.gov/tribal/basicinfo/index.htm 15 The Universe Indicator refers to the number of actual or potentially contaminated or previously contaminated sites 

and surface acres for which OSWER’s cleanup programs have an oversight role for assessment and/or response 

action. The Universe Indicator does not capture all of the sites or acres of contaminated or potentially contaminated 

land addressed by non-OSWER EPA programs, other federal agencies, state or local governments, tribal 

governments and non-government entities. 
11

The cross-program measures section in the OSWER Tribal Strategy will initially serve as a 

placeholder for future reporting of progress in Indian country. OSWER is currently in the 

process of completing program-specific guidance for the overall cross-program measures. Once 

this process is completed, OSWER intends to begin data gathering efforts to be able to report 

subtotals (i.e., number of sites in Indian country) for the three cross-program measures. 

While the cross-program revitalization measures may help to track the environmental results of 

OSWER’s tribal program, it is also important to measure the progress of tribal capacity building. 

A majority of EPA’s work focuses on capacity building because while a number of tribes have 

established sophisticated environmental programs, many more are at a more fundamental level in 

building their programs. As discussed below, capacity building is a critical component of the 

program-specific strategies, activities, measures, and indicators that make up the OSWER Tribal 

Strategy. 

OSWER intends to continue improving how EPA can capture the progress of tribal capacity 

building. For example, the Brownfields State and Tribal 128(a) Measures Workgroup is currently 

developing measures to report the establishment, enhancement, and capacity building efforts of 

CERCLA Section 128(a) State and Tribal Grant recipients. Consideration will be given to how 

this work could be used across OSWER’s programs in future updates of the OSWER Tribal 

Strategy. 

B. Program-Specific Goals, Strategies, Activities and Measures

The following sections describe the long-term goals and priorities for each OSWER program and 

the specific strategies and activities that each program intends to focus on over the next five 

years to achieve these goals. Measures are identified for each program that could be used to 

report and demonstrate progress toward meeting specific targets. Other indicators are also 

identified that can be used to track trends in EPA’s tribal program. Each section includes the 

applicable elements of the EPA Strategic Plan for that program to highlight the connection 

between the OSWER Tribal Strategy and the EPA Strategic Plan. 

OSWER recognizes that there may be opportunities to leverage and integrate tribal activities 

across related OSWER programs (similar approaches, same sites, etc.). OSWER intends to 

explore and coordinate cross-program opportunities such as tribal training approaches, data 

quality and management, site response actions, and grant and contract activities. OSWER intends 

to develop a more formal process to find and address these potential opportunities to gain 

maximum efficiency and effectiveness of the program. 

 
12

1. OSWER-wide (IPCO)

Desired Outcomes (Long-term Goals): 

To support and provide direction for OSWER’s Indian program, 

enhance outreach efforts with tribes on environmental protection 

in Indian country, and maintain consistency with EPA’s Indian 

Policy. 

Strategies to Achieve these Outcomes (Shorter-term Goals): 

Ensure appropriate consultation and communication with tribes in 

all OSWER programs. OSWER intends to ensure that tribes are 

engaged in policy discussions as early as practicable and that tribal 

concerns are considered and incorporated, when appropriate, as 

EPA develops and implements national policies and decisions. 

Build tribal capacity. OSWER provides support through training, 

financial support, and technical assistance to tribes to build 

capacity in assuming regulatory and program management 

responsibilities. Additionally, OSWER develops guidance and 

provides for research in cooperation with tribes to clarify key 

issues and/or obtain relevant information for addressing issues 

potentially affecting tribal health and the environment. 

Facilitate communication, coordination and cooperation within 

EPA on tribal issues and cultural awareness. OSWER intends to 

actively seek opportunities to: (1) leverage efforts among OSWER 

programs to increase EPA productivity; (2) align OSWER 

priorities and actions to ensure a consistent message and direction 

across OSWER’s tribal program and minimize burdens on tribes; 

(3) promote awareness and understanding of tribal cultural 

diversity as part of meeting EPA’s Strategic Plan goals; (4) engage 

in information sharing with the appropriate EPA groups and tribes 

in a timely manner; (5) provide tribal cross-program data analysis 

and program recommendations to EPA; (6) represent OSWER on 

agency workgroups, such as the Indian Program Policy Council 

(IPPC) and the National Indian Workgroup (NIWG); and (7) act as 

a conduit for tribal issues with EPA senior managers. 

Activities to Implement these Strategies: 

Establish OSWER Tribal Framework. OSWER intends to 

establish a tribal framework that will enhance dialogue among 

tribes, tribal leaders, OSWER managers, EPA Regions, and other 

federal representatives on OSWER program policy matters. The 

framework would also promote information exchange on OSWER 

program actions, encourage cross-program efficiencies, facilitate 

capacity building of tribal waste, source reduction and recycling 

programs, and continue to improve and refine tribal program 

EPA Strategic Plan – 

Applicable Elements 

Goal 3 - Land Preservation 

and Restoration: Preserve 

and restore the land by using 

innovative waste 

management practices and 

cleaning up contaminated 

properties to reduce risks 

posed by releases of harmful 

substances. 

Goal 4 - Healthy 

Communities and 

Ecosystems, Objective 4.1: 

Protect human health, 

communities, and the 

environment from chemical 

releases through facility riskreduction efforts and 

building community 

preparedness and response 

capabilities. 

Objective 4.2.3: Working 

with state, tribal and local 

partners to promote the 

assessment, cleanup and 

sustainable reuse of 

Brownfields properties.

Goal 5 - Compliance and 

Environmental 

Stewardship, Objective 

5.2: Improve environmental 

performance through 

pollution prevention and 

other stewardship practices. 

Objective 5.3: Improve 

human health and the 

environment in Indian 

country and help federallyrecognized tribes to build 

environmental management 

capacity, assess 

environmental conditions 

and measure results, and 

implement environmental 

programs in Indian country.
13

measurement in OSWER programs. OSWER envisions that the framework would enable EPA to 

interact with a broad range of tribal professionals with direct experience in OSWER program 

areas on a regular basis, and share detailed input and results with broader agency tribal groups 

such as the National Tribal Operations Committee (NTOC). An OSWER tribal framework may 

include an annual forum meeting on the OSWER Tribal Strategy to provide a two-way avenue 

for action, dialog, listening and training with tribes to maintain the strategy as a dynamic living 

document. 

Include the Regional Tribal Operations Committees (RTOCs) as a regular component of 

communication strategies for OSWER tribal topics. OSWER continues to communicate directly 

with tribal governments and other groups, such as the NTOC, but intends to increase its 

communication with tribes through direct interaction with the RTOCs and regions. 

Increase headquarters’ participation in regional tribal meetings. Attending regional meetings 

with tribes (e.g., annual tribal meetings, tribal summits, and RTOC meetings) should enhance 

headquarters’ understanding of local issues facing tribes and provide opportunities for increased 

communication between headquarters, the regions, and tribes. OSWER headquarters program 

representatives intend to proactively participate in such meetings, and provide presentations and 

other information, as appropriate. 

Establish and maintain an OSWER Tribal Programs Web site. In June 2007, OSWER developed 

an OSWER tribal Web page with links to relevant guidance and information for tribes, including 

links to OSWER program Web sites, contact information, funding opportunities, etc. 

(http://www.epa.gov/oswer/tribal). 

Coordinate outreach planning and explore ways to measure the effectiveness of EPA’s outreach, 

consultation, and communication efforts with Tribes. OSWER intends to evaluate its current 

efforts to reach out to tribes and identify opportunities to integrate and better coordinate its 

outreach efforts across programs. In addition, OSWER intends to find ways to measure the 

effectiveness of OSWER communication activities, both at the regional and national level, and 

considering both EPA and tribal perspectives. 

Identify opportunities across OSWER’s programs to increase the use of Direct Implementation 

Tribal Cooperative Agreements (DITCAs) and improve the quality of service by circuit riders, as 

appropriate16. DITCAs allow tribes to engage in programmatic work under federal authority to 

help EPA implement a program in Indian country. DITCAs may be an effective tool to allow 

EPA to partner with tribes and provide tribes the opportunity to develop staff capacity and 

expertise in a program at their own pace, while at the same time helping EPA to meet Strategic 

Plan goals and measures, and its mission in Indian country. A circuit rider approach establishes 

an agreement with a tribe to develop specific expertise that is shared with several other tribes. 

Past use of DITCAs and circuit riders has been limited, and OSWER intends to evaluate ways to 

encourage the use, and improve the effectiveness of DITCAs and circuit riders in its programs. 

 

16 The term “circuit riders” refers to senior environmental employees (SEE) employees that EPA hires through a 

grant to Senior Service to America, Inc. to provide technical assistance to tribes directly by traveling into Indian 

country and meeting with tribes face-to-face. Circuit riders enable EPA to work more closely with tribes on the 

ground. 
14

The effort would include tribal consultation on effective DITCA approaches, increased education 

to EPA and tribes on the intent and goals of DITCAs and circuit riders, analyzing results from 

other EPA DITCA and circuit rider activities, evaluating financial options, and working with the 

Senior Service of America, Inc. to market EPA circuit rider positions to well-qualified 

applicants. 

Promote opportunities for raising cultural awareness within OSWER. OSWER intends to 

encourage all staff and managers to participate in the Working Effectively with Tribal 

Governments (WETG) training (available through the internet or in the classroom). OSWER is 

exploring the possibility of adding the WETG training course into the OSWER diversity training 

curriculum for EPA employees. OSWER intends to sponsor WETG training during Native 

American Heritage Month each November, as well as organize other events to raise cultural 

awareness. OSWER intends to encourage its managers and staff to plan visits to tribal programs 

on tribal land in conjunction with travel to regional meetings, where feasible. 

Increase the level of understanding of the concept of risk and clarify EPA’s approach to risk in 

Indian country. OSWER may propose a risk training course that evaluates the concept of risk 

and examines some of the different ways people look at or perceive risk. OSWER intends to 

investigate potential tools that may provide a progression of understanding risk and how to make 

it work better among tribes and EPA to achieve improved environmental protection and 

community welfare. OSWER also communicates and coordinates risk efforts across EPA (e.g., 

EPA-Tribal Science Council) and at non-EPA venues. 

Improve OSWER tribal data systems. Facilitate the collection of better data on activities, 

outputs, and outcomes in Indian country for all OSWER programs. Ensure that codes used to 

delineate tribal data exist and establish program-specific guidance for regions so that fields are 

populated consistently. 

Ensure that tribes are able to provide ongoing input into OSWER’s policies to consider climate 

change effects, so that long term investments take into account changing factors and possible 

adaptations to protect human health and the environment in Indian country. As legislators and 

EPA begin to craft national climate change policy, it is important to fully understand and 

consider the impact on Native American communities and their traditional values and culture, 

particularly as EPA invests in cleanup and waste management programs in Indian country. 

Indicators to Track: 

• Number of OSWER staff trained. 

• Number of hits on OSWER’s Tribal Programs Web site and the number of inquiries from 

the Web site. 

• Number of DITCAs involving an OSWER program in EPA. 
15

2. Solid and Hazardous Waste

Desired Environmental Outcomes (Long-term Goals): 

Land, water, and air are protected from the improper disposal 

and/or improper management of solid and hazardous waste in 

Indian country. 

Improved waste management practices in Indian country begin 

with successful and stable integrated waste management 

programs. Waste management priorities in Indian country 

identified by tribes include: 

• closing, cleaning up, or upgrading open dumps; 

• developing and implementing integrated waste 

management plans; 

• preventing illegal dumping; 

• eliminating backyard burning; 

• guidance on successful and sustainable methods for waste 

program operation and maintenance; 

• technical assistance to implement solid waste reduction, 

collection, recycling and disposal programs; 

• technical assistance for the proper disposal of medical 

waste; 

• technical assistance for the proper disposal of household 

hazardous waste; 

• technical assistance for the proper disposal of 

construction and demolition waste; 

• capacity building to regulate hazardous waste handlers; 

and 

• technical assistance to develop and implement selfsustaining integrated waste management programs. 

Many tribes are facing challenges in addressing these issues 

because of underlying causes such as limited resources for solid 

waste management and cleanup, differing authorities and 

missions relating to solid waste among federal agencies, 

remoteness and size of tribal communities that inhibit economies 

of scale, undeveloped tribal enforcement capabilities, and 

competing tribal priorities. 

OSW can provide technical assistance to tribes to help address 

these issues within a tribe’s integrated waste management 

program that is tailored to fit particular tribal needs. 

OSW is focusing on the following priority areas to improve 

waste management and disposal practices in Indian country by 

helping tribes achieve sustainable waste management programs: 

EPA Strategic Plan – 

Applicable Elements 

Goal 3 - Land Preservation 

and Restoration: Preserve 

and restore the land by using 

innovative waste 

management practices and 

cleaning up contaminated 

properties to reduce risks 

posed by releases of harmful 

substances. 

Objective 3.1 - Preserve 

Land: Reduce adverse 

effects to land by reducing 

waste generation, increasing 

recycling, and ensuring 

proper management of waste 

and petroleum products at 

facilities in ways that 

prevent releases. 

 

Objective 3.2 - Restore 

Land: Control the risks to 

human health and the 

environment by mitigating 

the impact of accidental or 

intentional releases and by 

cleaning up and restoring 

contaminated sites or 

properties to appropriate 

levels. 

Goal 5 - Compliance and 

Environmental 

Stewardship 

[Question: Why isn’t Objective 5.2 

Objective 5.3 - Improve 

Human Health and the 

Environment in Indian 

Country: Protect human 

health and the environment 

on tribal lands by assisting 

federally-recognized tribes 

to build environmental 

management capacity, assess 

environmental conditions 

and measure results, and 

implement environmental 

programs in Indian country. 
16

• development of integrated waste management plans (IWMPs)

• support closing, cleaning up, or upgrading17 open dumps in Indian country and other 

tribal lands 

OSW and EPA’s Regional offices with solid and hazardous waste responsibilities developed an 

internal document, OSW/Regional Tribal Integrated Waste Management (IWM) Strategy, that 

lays out a plan to coordinate efforts within the various EPA tribal waste programs and to 

strengthen federal agency partnerships to take a more holistic approach to waste management. 

This document is consistent with the goals, strategies, and activities in the OSWER Tribal 

Strategy and contains additional details that support the implementation of both strategies. 

Strategies to Achieve these Outcomes (Shorter-term Goals): 

Build tribal capacity to increase the number of tribes covered by an integrated waste 

management plan. Planning is the first step in designing or improving an integrated waste 

management program — allowing a tribe to take institutional, social, financial, economic, 

technical and environmental factors into consideration. Through the increased development and 

implementation of integrated and sustainable waste management plans, residents in Indian 

country can achieve a waste management program that is optimized to meet their community 

needs, resulting in more waste minimization and recycling, and less waste being disposed of in 

open dumps and by open burning. 

Enhance partnerships to close, clean up, or upgrade open dumps. OSWER is working with 

other EPA programs, non-federal tribal associations, and federal agencies to leverage funding 

and take cooperative action to close, clean up, or upgrade open dumps. OSWER believes that a 

federal partnership is important because EPA and federal agencies conduct (and support through 

funding) many different types of activities relating to solid waste management in Indian country. 

By working cooperatively with other EPA programs18 and federal agencies,19 OSWER can help 

facilitate a coordinated program approach so that federal resources are provided in a way that 

maximizes environmental results. Similarly, partnerships with non-federal entities such as tribal 

associations on solid waste management can help EPA and tribes achieve environmental results. 

Fulfill direct implementation responsibility for RCRA Subtitle C, hazardous waste. EPA intends 

to further advance its knowledge of hazardous waste issues in Indian country and increase the 

compliance rates of hazardous waste facilities in Indian country through compliance assistance 

and inspections. 

Activities to Implement these Strategies: 

Strengthen federal agency partnerships on solid waste management. EPA facilitates the Tribal 

Solid Waste Interagency Workgroup to leverage broader federal attention and funding. This 

workgroup manages the Tribal Solid Waste Management Assistance Project and includes 

 

17 Upgrade an open dump means: “to meet 40 CFR Part 258 standards.” 

18 Such as the Office of Environmental Compliance and Assistance (OECA) and the Office of Prevention, Pesticides 

and Toxic Substances (OPPTS). 

19 Such as the Department of Health and Human Services’ Indian Health Service (IHS) and Housing and Urban 

Development (HUD), Department of the Interior’s Bureau of Indian Affairs (BIA), Department of Agriculture 

(USDA), and the Department of Defense (DoD). 
17

representatives from EPA, the Bureau of Indian Affairs (BIA); the Indian Health Service (IHS); 

the U.S. Department of Agriculture, Rural Development (RD); the U.S. Department of Housing 

and Urban Development (HUD); and the U.S. Department of Defense (DoD). 

OSWER convened a senior management-level meeting with BIA, IHS, RD, HUD, and DoD in 

the fall of 2007 to further develop these federal agency partnerships on solid waste issues. This 

group agreed to establish an on-going senior-level Interagency Steering Committee to guide the 

Tribal Solid Waste Interagency Workgroup activities, and coordinate with other EPA interagency efforts. The Steering Committee’s goal is to provide additional cooperation, coordination, 

and accountability for tribal solid waste activities among responsible federal agencies both at 

headquarters and throughout the regions.

Continue to provide funding to tribes through the Tribal Solid Waste Management Assistance 

Project that is managed through the Tribal Solid Waste Interagency Workgroup. This project 

funds tribes to: 

• characterize/assess open dumps; 

• develop integrated solid waste management plans and codes and regulations; 

• develop and implement alternative solid waste management activities/facilities (including 

equipment acquisition); and 

• develop and implement cleanup, closure, and post-closure programs for open dump waste 

sites in Indian country. 

Work with IHS, Division of Sanitation Facilities Construction (DFSC), to update the Web 

Sanitation Tracking and Reporting System (w/STARS), specifically the Operation and 

Maintenance Data System (OMDS) database. IHS and EPA are currently using this database to 

collect, update, and track information on the status of open dumps in Indian country. This 

database tracks the open dump performance measure. 

Support integrated waste management training. OSW has identified existing solid waste 

training venues and evaluated options for supporting tribal training on solid and hazardous waste 

management in Indian country. Training courses will be held in the near future. 

Promote the use of circuit riders to assist with program implementation and technical assistance. 

Circuit riders are important for EPA to provide on-the-ground support. Existing use of circuit 

riders has proven to be cost effective. 

 

Promote current topics on pollution prevention and resource conservation, and innovative 

practices in Indian country. OSW intends to more aggressively seek the involvement of tribes in 

voluntary programs such as the Resource Conservation Challenge, and market the successes of 

the OSWER innovations projects with tribes. 

Continue to provide funding to tribes through tribal hazardous waste grants. These grants 

support projects to develop and implement hazardous waste management programs, including 

the development of integrated waste management plans. 
18

Update the inventory of hazardous waste facilities in Indian country. The inventory would be 

used to fill potential gaps in EPA’s understanding of the universe of Treatment, Storage and 

Disposal Facilities (TSDFs), Large Quantity Generators (LQGs), and Small Quantity Generators 

in Indian country. EPA plans to continue updating and verifying RCRA Info data, flagging 

Indian country facilities with an appropriate identifier, and discovering new TSDFs and LQGs.

Performance Measures: 

2006 – 2011 EPA Strategic Plan Strategic Targets and (External Measures) 2007 – 2011 

Targets 

Goal 3.1.2 By 2011, increase by 118 the number of tribes covered by an 

integrated waste management plan. 118 

Goal 3.1.2 By 2011, close, clean up, or upgrade 138 open dumps in Indian 

country and other tribal lands. 138 
19

3. Superfund 

Desired Environmental Outcomes (Long-term Goals): 

Land and water are protected by cleaning up hazardous waste 

sites impacting Indian country. 

Tribal communities living near Superfund sites, both private and 

federally-owned, often have concerns for their health and about 

environmental impacts to their communities from nearby site 

contamination. In some cases, tribes have changed their 

traditional and subsistence activities due to perceived or real 

impacts from Superfund sites.20 One mechanism to address these 

concerns is to optimize tribal participation in the Superfund 

process. 

EPA’s Superfund remedial authority provides for tribal 

participation in two important ways. First, CERCLA Section 126 

provides that EPA afford Indian tribes substantially the same 

treatment as states for specified activities, including notification 

of releases, consultation on remedial actions, access to 

information, and roles and responsibilities under the National 

Contingency Plan. Second, CERCLA authorizes EPA to enter 

into cooperative agreements directly with tribes to perform or 

participate in Superfund site response activities. 

Using CERCLA authorities, the tribal priorities of EPA’s 

Superfund Remedial office are: 

• to improve data integrity, collection, quality control and 

quality assurance on Superfund sites in Indian country; 

• to provide, within available resources, opportunities to 

increase involvement of tribes in the Superfund 

Remedial program; 

• to enhance tribal participation and leadership in the 

implementation of cleanup activities at Superfund sites 

impacting tribes; and 

• to provide tribally-appropriate guidance and technical 

assistance. 

Superfund is a federal program that EPA, often working with a 

state or another federal agency, is ultimately responsible for 

implementing. Incorporating the views and concerns of tribal 

governments throughout the Superfund response process should 

help to bring about more effective implementation and collaboration on actions that are 

beneficial to improving public health and the environment in Indian country. 

 

20 A Summary of Results from the 2004 Tribal Hazardous Waste Sites Project developed by Zender Environmental 

Science and Planning Services, TASWER, 2004. 

EPA Strategic Plan – 

Applicable Elements 

Goal 3 - Land Preservation 

and Restoration: Preserve 

and restore the land by using 

innovative waste 

management practices and 

cleaning up contaminated 

properties to reduce risks 

posed by releases of harmful 

substances. 

Objective 3.2 - Restore 

Land, Subobjective 3.2.2 - 

Clean Up and Revitalize 

Contaminated Land: 

Control the risks to human 

health and the environment 

at contaminated properties or 

sites through cleanup, 

stabilization, or other action, 

and make land available for 

reuse. 

Goal 5 - Compliance and 

Environmental 

Stewardship 

Objective 5.3 - Improve 

Human Health and the 

Environment in Indian 

Country: Protect human 

health and the environment 

on tribal lands by assisting 

federally recognized tribes to 

build environmental 

management capacity, assess 

environmental conditions 

and measure results, and 

implement environmental 

programs in Indian country. 
20

Strategies to Achieve These Outcomes (Shorter-term Goals): 

Assess potential CERCLA sites and continue to clean up National Priorities List (NPL) sites 

impacting Indian country. 

Enhance involvement of tribes in the Superfund Remedial process. EPA intends to: improve 

relationships through consulting with tribes early in the process, considering and, to the extent 

practicable and legally permissible, integrating tribal perspectives into the structure of the 

Superfund Remedial program; gain a better understanding of Superfund issues in Indian country; 

and facilitate a tribal role at Superfund sites impacting tribal lands where appropriate. 

Activities to Implement These Strategies: 

Complete assessments of sites in CERCLA tribal sites inventory. EPA worked with tribes to 

identify hazardous waste sites in or impacting Indian country. Approximately 75 sites were 

identified by tribes as a result of the CERCLA tribal sites survey. EPA has examined these sites. 

None of the sites identified in the survey have required new Superfund cleanup activities. 

Seventy of them were referred to other EPA programs (such as the solid waste, water or oil 

programs), were already being addressed by Superfund, or have been evaluated and been 

determined to pose no risk requiring a response action under Superfund. The other five remain to 

be assessed and the Superfund Remedial Program plans to complete assessments on these sites as 

priorities permit. 

Continue to support tribal involvement and tribal capacity building through Superfund 

cooperative agreements. EPA enters into cooperative agreements with tribes to perform or 

participate in Superfund site response activities. EPA revised the regulations that govern the 

award of cooperative agreements and Superfund contracts to tribes under CERCLA (40 CFR 

Part 35, Subpart O) to reduce the burden on tribes. These revisions were published in the Federal 

Register on May 2, 2007. 

Implement concepts from the Consulting with Indian Tribal Governments at Superfund Sites 

booklet. OSRTI finalized a booklet in November 2006 that identifies consultation procedures for 

use by EPA Superfund program staff when they are working with tribes. This booklet is 

available at http://www.epa.gov/superfund/partners/osrti/stsi.htm. OSRTI intends to assist the 

regional offices in implementing the concepts of the booklet, as appropriate, to improve EPA’s 

government-to-government consultation efforts. 

Improve consideration of tribal lifeways at appropriate sites by utilizing the Hazard Ranking 

System (HRS) guidance. OSRTI has been working with tribes and regions to identify ways in 

which the HRS guidance can provide examples to better reflect tribal cultural impacts into the 

characterization of risks from contaminated sites. This guidance was finalized on March 20, 

2007, and is available at http://www.epa.gov/superfund/partners/osrti/stsi.htm. 

Continue to share information among EPA Regions about ways to improve the effectiveness of 

EPA’s tribal efforts. Some EPA Regions have developed effective methods, principles, and tools 

for working with tribes during the Superfund Remedial process. These experiences are shared 

with other Regions through the Superfund Tribal Forum. The Superfund Tribal Forum is a 
21

monthly conference call that gives regional and headquarters staff an opportunity to discuss 

tribal Superfund issues. 

OSWER will discuss the effectiveness of these activities in enhancing tribal involvement with 

the Superfund Remedial process and ways of building upon these initial efforts with tribes at 

meetings and with EPA Regions on regular NPL, tribal forum and cooperative agreement calls. 

Indicator to Track: 

• Number of tribes supported by a Superfund cooperative agreement and type of 

cooperative agreements used.21 

 

21 Note: This indicator will only include tribes that are awarded direct Superfund cooperative agreement funding. It 

does not capture tribes that may gain active involvement at a site because of their capabilities funded under another 

program, such as GAP or Brownfields. In addition it does not capture tribes that may be involved through funding 

support from Potentially Responsible Party (ies) (PRPs). 
22

4. Brownfields

Desired Environmental Outcomes (Long-term Goals): 

Contaminated properties are assessed and cleaned up and 

available for reuse in Indian country. 

Many contaminated sites in Indian country are a result of past 

activities of federal or tribal entities or other enterprises that have 

long been abandoned. The Brownfields program, through 

brownfields grants, enables tribal communities to establish and 

enhance tribal response programs, assess and cleanup 

contaminated properties, and return the areas to uses that meet 

tribal needs. 

OBLR’s Brownfields program promotes community 

involvement with public and private partners in the revitalization 

of contaminated sites in Indian country and other tribal areas to 

the highest and best use. Decisions on future uses are determined 

by tribal priorities and needs. The support for cleanup and 

revitalization can help tribes achieve reuse of contaminated 

properties and increase environmental and economic benefits in 

Indian country. 

Strategies to Achieve these Outcomes (Shorter-term Goals): 

Build tribal capacity through grants. Brownfields grants are a 

key component of EPA’s Brownfields program. These grants 

support revitalization efforts by funding environmental 

assessment, cleanup, and job training activities, as well as tribal 

response program capacity building. 

Build tribal capacity through relationship building, training, 

technical assistance and increased communication. Continue to 

build relationships with tribes and other partners and improve 

opportunities for tribes to engage with EPA on brownfields 

issues. 

Activities to Implement these Strategies: 

Continue to provide funding to tribes through section 128(a) 

grants for tribal response programs and 104(k) competitive 

grants for assessment; revolving loan fund; cleanup; job 

training; and research, training and technical assistance, subject to the availability of funds. 

Continue regional Targeted Brownfields Assessments of sites identified by tribes, upon request 

by tribes, as resources allow. 

Provide funding and technical assistance over a three-year project period to support the 

development of a train-the-trainer program for tribal response programs. OBLR awarded a 

EPA Strategic Plan – 

Applicable Elements 

Goal 4 - Healthy 

Communities and 

Ecosystems: Protect, 

sustain, or restore the health 

of people, communities, and 

ecosystems using integrated 

and comprehensive 

approaches and partnerships. 

Objective 4.2 – 

Communities, 

Subobjective 4.2.3 - 

Assess and Clean up 

Brownfields: Working with 

state, tribal and local 

partners, to promote the 

assessment, cleanup, and 

sustainable reuse of 

Brownfields properties. 

Goal 5 - Compliance and 

Environmental 

Stewardship, Objective 5.3 

- Improve Human Health 

and the Environment in 

Indian Country: Protect 

human health and the 

environment on tribal lands 

by assisting federallyrecognized tribes to build 

environmental management 

capacity, assess 

environmental conditions 

and measure results, and 

implement environmental 

programs in Indian country. 
23

grant in 2007 to develop a train-the-trainer program for tribal governments who have received 

CERCLA 128(a) funding to establish and enhance tribal response programs. The train-the-trainer 

program is intended to train tribal representatives on how to effectively develop, manage, and 

administer a response program for brownfields assessment, cleanup, and redevelopment 

activities in Indian country. 

Provide funding and technical assistance over a three-year project period to support the 

development of a train-the-trainer program for assessment and cleanup of methamphetamine 

contaminated Brownfields sites in Indian country. OBLR awarded a grant in 2007 to develop a 

train-the-trainer program focused on the assessment and cleanup of methamphetamine 

contaminated brownfields sites in Indian country. The train-the-trainer educational program is 

intended to inform and train tribal delegates and environmental representatives to understand the 

processes necessary to recognize, assess, and clean up methamphetamine-contaminated sites; 

estimate costs of these procedures; secure methamphetamine cleanup contractors; and understand 

the public health risks associated with methamphetamine labs and the contamination left behind 

from methamphetamine production. 

Improve support for tribal participation and achievement in Brownfields. EPA intends to begin 

planning earlier for the tribal sessions at the Brownfields conference (possibly hold a mid-year 

meeting to kick off the planning). EPA also intends to take advantage of other venues, such as 

the National Tribal Conference on Environmental Management, to provide opportunities for 

tribes to learn about brownfields. Regions intend to continue providing tribal grantees with direct 

technical assistance to develop and enhance their response programs, and conducting tribal 

brownfields workshops to help tribes learn from one another. 

Provide assistance to tribes to improve their capacity to apply for funding. OBLR intends to 

seek opportunities to discuss this topic with tribes (e.g., have a session at the Brownfields 

conference) and Regions intend to continue having a presence in Indian country to help tribes 

understand Brownfields grants and provide grant proposal-writing training for tribes.

Continue to work with the State, Tribal and EPA 128(a) Phase III Measures Workgroup. OBLR 

continues to work with its state and tribal counterparts to develop measures for program 

accountability. OSWER intends to utilize information from this workgroup to potentially 

develop an additional tribal indicator for the Brownfields program and other OSWER programs 

in future updates of the OSWER Tribal Strategy. 

Provide technical assistance on the All Appropriate Inquiries (AAI) Rule. 

OBLR and the Regions intend to continue outreach to tribes on the AAI rule, and consider 

working with federal partners, such as the Department of the Interior (DOI), to seek further 

opportunities to support tribes in implementing this rule. 

Performance Measures: 

FY 08 OSWER National Program Manager’s Guidance National 

Target 

Target 

Goal 4.2.3 Number of tribes supported by Brownfields cooperative 

agreements. 

No Target 
24

Indicators: 

• Provide breakdown of the number of tribes awarded brownfields cooperative agreements 

into: the number of 128(a) tribal response program cooperative agreements (to indicate 

the number of tribes developing response program capacity), and the number 104(k) 

competitive cooperative agreements (to indicate the number of tribes successfully 

competing for site activity funding, and changes of activities over time, in comparison to 

changes in the number of tribes with response programs). 

Placeholder for Future Indicator to Track: 

• Develop an indicator based on the results of the Brownfields State, Tribal and EPA 

128(a) Phase III Measures Workgroup. 
25

5. Underground Storage Tanks (USTs)

Desired Environmental Outcomes (Long-term Goals): 

Land and water are protected from underground storage tank 

releases in Indian country. 

EPA directly implements the underground storage tank program 

in Indian country. Tribes also play a significant role in helping to 

prevent and clean up UST releases. 

In August 2006, EPA published an UST-specific tribal strategy 

in response to a mandate in the Energy Policy Act of 2005. The 

UST Tribal Strategy is available at: 

http://www.epa.gov/oust/fedlaws/final_ts.htm. That strategy 

outlines key issues and actions to strengthen the relationships 

between EPA and tribes, improve information sharing, enhance 

tribal capacity, and further the cleanup and compliance of USTs 

in Indian country. This OSWER Tribal Strategy incorporates the 

elements of the August 2006 UST Tribal Strategy, and links 

them to OSWER’s strategic goals and cross-program tribal 

strategies. 

Also, in August 2007, EPA submitted a report to Congress on the 

implementation and enforcement of the UST program in Indian 

country. The report discusses the progress EPA and tribes have 

made, working together, to prevent and clean up releases from 

USTs in Indian country as well as the work remaining to be 

accomplished in the future. The Report to Congress on 

Implementing the UST Program in Indian Country is available 

at: http://www.epa.gov/oust/fedlaws/final_trtc.htm. 

Strategies to Achieve these Outcomes (Shorter-term Goals): 

Continue Leaking Underground Storage Tank (LUST) cleanup 

work in Indian country. EPA intends to continue to support tank 

cleanup efforts in Indian country in order to restore and protect 

groundwater resources and create a safe environment for those 

who live or work around these sites. 

Build tribal UST program capacity. While EPA cannot delegate 

the federal UST program to tribes, the Agency recognizes that 

enhancing tribal capacity to develop UST programs is an 

important component to protecting human health and the 

environment from UST releases in Indian country. 

Continue to increase compliance rates in Indian country for UST 

leak prevention and release detection requirements. Over the 

past several years, compliance rates in Indian country have 

EPA Strategic Plan – 

Applicable Elements

Goal 3 - Land Preservation 

and Restoration: Preserve 

and restore the land by using 

innovative waste 

management practices and 

cleaning up contaminated 

properties to reduce risks 

posed by releases of harmful 

substances. 

Objective 3.1 - Preserve 

Land: Reduce adverse 

effects to land by reducing 

waste generation, increasing 

recycling, and ensuring 

proper management of waste 

and petroleum products at 

facilities in ways that 

prevent releases. 

 

Objective 3.2 - Restore 

Land: Control the risks to 

human health and the 

environment by mitigating 

the impact of accidental or 

intentional releases and by 

cleaning up and restoring 

contaminated sites or 

properties to appropriate 

levels. 

Goal 5 - Compliance and 

Environmental 

Stewardship 

Objective 5.3 - Improve 

Human Health and the 

Environment in Indian 

Country: Protect human 

health and the environment 

on tribal lands by assisting 

federally-recognized tribes 

to build environmental 

management capacity, assess 

environmental conditions 

and measure results, and 

implement environmental 

programs in Indian country. 
26

improved. Currently, compliance rates in Indian country are slightly lower than the national 

average (In 2006, 59 percent of active tanks in Indian country met all requirements, compared to 

62 percent nationally). 

Activities to Implement these Strategies: 

Continue dialogue with tribes regarding the implementation of the UST Tribal Strategy. 

The UST Tribal Strategy lays out the types of work that EPA intends to conduct to encourage 

greater opportunities for tribal involvement and enhance tribal UST programs, such as providing 

training, providing resources through grants, authorizing tribal inspectors to conduct inspections 

on behalf of EPA, as appropriate, and developing DITCAs. EPA plans to continue to work with 

tribes toward achieving the objectives laid out in the UST Tribal Strategy and to strengthen 

communication, collaboration, and partnerships with tribal UST programs. 

Inspect every UST in Indian country at least once every three years to determine compliance. 

EPA has worked with tribes to conduct onsite compliance inspections of all USTs that have not 

undergone an inspection since December 22, 1998 and has met the August 8, 2007 inspection 

deadline for nearly all of these USTs in Indian country. EPA (and tribes, as appropriate), 

intends to continue to conduct onsite inspections of all active USTs in Indian country at least 

once every three years, which is consistent with the Energy Policy Act. There are currently about 

2,600 active federally-regulated USTs in Indian country. 

Continue to provide assistance to tribes and UST owners and operators regarding release 

detection and prevention requirements. EPA provides compliance training and technical 

assistance to tribes and UST owners and operators to increase their understanding of UST 

requirements and improve the maintenance and monitoring of USTs in Indian country. EPA 

intends to continue working with tribes and UST owners and operators to enhance available 

training opportunities. 

Continue to allocate part of EPA’s LUST trust fund appropriation for LUST cleanup activities in 

Indian country and provide technical assistance to tribes regarding LUST releases and cleanups. 

Each year, EPA allocates part of its LUST Trust Fund appropriation for tribes to assess and clean 

up USTs in Indian country. EPA strives to continue to reduce the backlog of releases where 

cleanup has not yet been completed. As mandated by the Energy Policy Act of 2005, EPA gives 

cleanup priority to those releases presenting the greatest threat to human health or the 

environment. EPA will also continue to take into account the traditional and cultural value of 

tribal lands when conducting cleanups. 

Continue to provide funding to tribes for building environmental management capacity and for 

managing tribal UST programs. OUST has taken steps to improve the regional grant allocation 

process to ensure the process is more transparent. EPA intends to continue providing information 

to tribes regarding funding sources and the types of eligible projects, and working collaboratively 

with tribes to identify potential projects. 
27

Performance Measures: 

Targets 

‘07 ‘08 ‘09 ‘10 ‘11 

Goal 3.1.2 Percentage of UST facilities in Indian 

country that are in significant operational 

compliance with both release detection and 

release prevention (spill, overfill, and 

corrosion protection) requirements. 

67% 68% 65% 65.5% 66% 

FY 08 OSWER National Program Manager’s Guidance National Target 

Goal 3.2.2 The number of LUST cleanups in Indian 

country that meet risk-based standards for 

human exposure and groundwater migration 

(tracked as the number of LUST cleanups 

completed). 

30 30 30 30 30 

Other Indicators to Track: 

• Total number of tribal staff trained on development and implementation of an UST 

program. 

• Number of federal inspector credentials issued to tribes to conduct federal UST 

compliance inspections. 
28

6. Emergency Management

Desired Environmental Outcomes (Long-term Goals): 

Land, water, and air in Indian country are protected from 

releases of oil and hazardous substances through prevention, 

preparedness, and response activities. 

OEM’s programs play a key role in protecting the environment 

through prevention of, preparation for, and response to releases 

of oil and hazardous substances. Oil and chemical spills 

endanger public health, imperil drinking water, and can 

damage natural resources that have cultural or subsistence 

importance. For these reasons, OEM’s priority is to reduce the 

risk of releases in Indian country by encouraging tribes to work 

with EPCRA22-covered facilities and plan for emergencies 

involving hazardous substances. By implementing EPCRA 

provisions, tribes may establish and maintain current tribal 

emergency response planning committees (TERCs) [or 

participate in a local emergency planning committee (LEPC)] 

and emergency response plans, and participate in accident 

prevention and response initiatives, which EPA believes may 

reduce the risk of chemical releases into tribal communities. 

Currently, little information is collected nationally regarding 

emergency management activities in Indian country. An 

important first step is to improve this knowledge so that EPA 

can evaluate where to focus its efforts and assess whether the 

appropriate resources are being directed to activities in Indian 

country.

Strategies to Achieve these Outcomes (Shorter-term 

Goals): 

Increase knowledge and coordination within EPA about 

emergency management activities occurring in or affecting 

Indian country and increase knowledge of sites in or near 

Indian country requiring a spill prevention, control, and 

countermeasure (SPCC); facility response plan (FRP); or risk 

management plan (RMP). 

Increase tribal awareness of emergency planning and 

prevention. OEM intends to: update the 2002 fact sheet, 

“Chemical Emergency Preparedness and Prevention in Indian 

Country,” including tips and strategies for tribal participation 

in EPA regional planning and response; place relevant 

information on OEM’s and OSWER’s tribal Web site; report 

relevant tribal information to the National Tribal Caucus and 

 

22 Please see Appendix C for more information on EPCRA. 

EPA Strategic Plan – 

Applicable Elements 

Goal 3 - Land Preservation 

and Restoration, Objective 

3.2 - Restore Land, 

Subobjective 3.2.1 - Prepare 

for and Respond to 

Accidental and Intentional 

Releases: Reduce and control 

the risks posed by accidental 

and intentional releases of 

harmful substances by 

improving our nation’s 

capability to prevent, prepare 

for, and respond more 

effectively to these 

emergencies. 

Goal 4 - Healthy 

Communities and 

Ecosystems, Objective 4.1 - 

Chemical, Organism, and 

Pesticide Risks, Subobjective 

4.1.2 - Reduce Chemical 

Risks at Facilities and in 

Communities: Protect human 

health, communities, and the 

environment from chemical 

releases through facility riskreduction efforts and building 

community preparedness and 

response capabilities. 

Goal 5 - Compliance and 

Environmental Stewardship, 

Objective 5.3 - Improve 

Human Health and the 

Environment in Indian 

Country: Protect human 

health and the environment on 

tribal lands by assisting 

federally-recognized tribes to 

build environmental 

management capacity, assess 

environmental conditions and 

measure results, and 

implement environmental 

programs in Indian country. 
29

Regional Response Teams; and continue to encourage outreach by EPA Regions to tribes. 

Build tribal capacity to develop emergency response plans or establish mutual aid agreements. 

Federally-recognized tribes have the same role as states in the development of chemical 

emergency preparedness programs under EPCRA. OEM intends to work with tribes to build 

capacity in this area so that implementation across jurisdictions is more seamless. 

Build tribal capacity to develop oil spill prevention capacity and increase general oil spill 

awareness. While EPA’s SPCC regulation is solely a federal program, tribes can develop their 

own spill prevention programs or above ground storage tank programs. By preventing spills 

through a regular inspection program, tribes can reduce this hazard. Additionally, the 

participation of tribal agencies in Area and Sub-area Contingency Planning Committees under 

the Oil Pollution Act (OPA), where these have been established in or near Indian country, can 

contribute to the success of the National Response System for responding to oil and hazardous 

substance releases, and act as a learning and networking mechanism for the tribes. 

Activities to Implement these Strategies: 

Collect additional data on emergency management activities in Indian country. EPA intends to 

begin efforts to track the following activities in Indian country on a national basis: location of 

inspected regulated facilities (SPCC, FRP and 112 (r)), number of regulated facilities inspected 

in Indian country, SPCC inspections and compliance rates, number of drills and response to 

spills, whether tribes have emergency response plans or mutual aid agreements, and number of 

tribes trained in emergency planning and response. EPA has begun to map the location of 

regulated facilities to determine how many facilities lie within or near Indian country. 

Identify tribes with the highest chemical risk. There are several factors that can be considered in 

determining which tribes have a higher potential for chemical risk relative to others. As a first 

step, EPA intends to use the presence of a 112 (r) facility as an indicator of chemical risk and 

share information and technical assistance with interested tribes with a 112 (r) facility to 

encourage the establishment of an emergency response plan or a mutual aid agreement for 

response. After this initial step, EPA may expand its focus to evaluate the potential for chemical 

risk based on the presence of other EPCRA facilities, and major transportation routes (e.g., risk 

of transportation accidents), etc. 

Establish regular communication among EPA staff and tribes. The OEM Tribal Coordinator 

intends to identify points of contact within each Region and within each OEM division and 

OECA. Regular conference calls would facilitate communication among the Regions and 

between the Regions and headquarters. OEM also intends to utilize the OSWER Tribal Web 

page (http://www.epa.gov/oswer/tribal) to post information, such as example tribal emergency 

response plans, and related activities. This would allow for better communication and 

coordination. 

Increase tribal participation in training. EPA hopes to increase tribal attendance at emergency 

prevention and response trainings, or facilitate additional tribal training opportunities on topics 

such as SPCC, emergency response plans, National Incident Management System (NIMS) 

compliance, methamphetamine labs, and federal inspector credentials. EPA also intends to 
30

continue to distribute the CD training, “Community Response Planning Manual and Template 

for Tribes, Villages and Other Small Communities.” 

Strengthen relations with Federal Emergency Management Agency, Department of Homeland 

Security, and Department of Transportation and the Indian Health Service. EPA can enhance its 

ability to communicate with tribes by improving coordination with other federal agencies that 

work with tribes on emergency management. This can be accomplished by discussing tribalrelated emergency response activities with the National Response Team (see www.nrt.org).

Indicators to Track: 

• Number of regulated facilities (i.e., discriminate among SPCC and FRP/CAA section 

112(r) facilities) inspected in Indian country. 

• Compliance rate of inspected facilities subject to SPCC/FRP regulations in Indian 

country. 

• Percentage of tribes with 112 (r) facilities that have an emergency response plan, have 

established a mutual aid agreement, or are covered in the facilities’ emergency response 

plan. 

• Number of oil spills and releases of hazardous substances occurring in Indian country, 

where EPA is the lead. 

• Number of EPA-led trainings offered and the number of tribal staff trained for emergency 

management-related purposes. 
31

7. Federal Facilities Restoration and Reuse

Desired Environmental Outcomes (Long-term Goal): 

Land and water in Indian country are protected by cleaning up 

contamination from federal facilities. 

FFRRO provides technical and regulatory oversight at 

Superfund federal facilities, or those on the NPL, to ensure 

protection of human health, effective program implementation, 

government-to-government consultation, and meaningful 

public involvement. FFRRO works with other federal agencies, 

including DoD, DOE, DOI, and the Department of Agriculture 

to assist in finding appropriate cleanup solutions at both NPL 

sites and Base Realignment and Closure (BRAC) sites, all of 

which have sites located at or around tribal lands. FFRRO’s 

priorities are focused primarily in ensuring meaningful 

government-to-government consultation and tribal involvement 

in the cleanup decision-making process, so that tribal concerns, 

including cultural lifeways concerns, can be an integral part of 

the decision-making process. 

Helpful links for DoD and DOE Web sites are: 

• DoD Native American Lands Environmental Mitigation 

Program 

https://www.denix.osd.mil/denix/Public/Native/native.html

• DOE Environmental Management Tribal Programs 

http://www.em.doe.gov/tribalpages/initiatives.aspx

Strategies to Achieve these Outcomes (Shorter-term Goal): 

Facilitate tribal involvement in the process to clean up and 

reuse federal facilities, focusing on NPL and BRAC sites. 

Build tribal capacity through grants, technical advice, and 

training programs. 

Promote interagency collaboration on tribal policy, federal 

facility response action decisions, and resource issues. 

EPA Strategic Plan – 

Applicable Elements 

Goal 3 - Land Preservation 

and Restoration: Preserve 

and restore the land by using 

innovative waste 

management practices and 

cleaning up contaminated 

properties to reduce risks 

posed by releases of harmful 

substances. 

Objective 3.2 - Restore 

Land, Subobjective 3.2.2 - 

Clean Up and Revitalize 

Contaminated Land: 

Control the risks to human 

health and the environment 

at contaminated properties or 

sites through cleanup, 

stabilization, or other action, 

and make land available for 

reuse. 

Goal 5 - Compliance and 

Environmental 

Stewardship 

Objective 5.3 - Improve 

Human Health and the 

Environment in Indian 

Country: Protect human 

health and the environment 

on tribal lands by assisting 

federally-recognized tribes 

to build environmental 

management capacity, assess 

environmental conditions 

and measure results, and 

implement environmental 

programs in Indian country. 
32

Activities to Implement these Strategies: 

Involve tribes in munitions workgroups and other response efforts at federal facilities. EPA 

would like to increase tribal involvement in munitions response efforts at federal facilities, 

including the Munitions and Explosives of Concern Hazard Assessment (MEC HA) workgroup. 

EPA, DoD, tribes, states, DOI, Federal Land Managers, and others participate in these 

workgroups and provide input for strengthening the detection, assessment, and remedial efforts 

of munitions and ordnance. EPA will also continue to work with tribes at mining sites.

Involve tribes through advisory boards and community groups. FFRRO works with DoD and 

DOE and their respective stakeholders at the local level by providing technical and regulatory 

input at advisory board meetings and at the national level by developing policies for establishing 

and maintaining advisory boards, including DoD’s restoration advisory boards, DOE’s sitespecific advisory boards, and Superfund Community Advisory Groups. Such boards and groups 

provide one forum of information exchange and opportunities for local community members and 

tribes to give input in the decision-making process. 

Facilitate federal land transfer to tribes. FFRRO, working with the Federal Facility 

Enforcement Office (FFEO) in OECA, intends to identify opportunities for land transfer to tribes 

from DoD base closures (BRAC). EPA is also working with DoD and DOE to determine which 

federal facilities have been transferred to BIA to be held in trust for tribes in the past. 

Improve data quality of BRAC and Superfund federal facilities in Indian country. FFRRO works 

with regional staff in improving the quality of data of sites located directly on or near tribal 

lands; the data is maintained in the Comprehensive Environmental Response, Compensation, and 

Liability Information System (CERCLIS) database. 

Indicators to Track: 

• Number of acres transferred to a tribe from a BRAC site. 

• Percent of tribal involvement in advisory boards and community groups.
33

VI. Summary of OSWER’s Tribal Program Measures and Indicators 

Primary Source of Measure

Goal/ Obj/ SubObj Office 

Current OSWER Tribal-Specific Performance Measures Measure 

2006-2011 

EPA 

Strategic 

Plan 

Strategic 

Target 

FY 08 

OSWER 

NPM 

Guidance 

National 

Target 

OSWER 

Tribal 

Strategy 

Performance 

Measure 2011 

Target 

Tribal 

Capacity 

Building 

Activity 

T

Im

3.1.2 OSW Number of tribes covered by an integrated waste management plan. 118 26 93.1.2 OSW 

Number of open dumps in Indian country and other tribal lands that are closed, cleaned up, or upgraded. 

138 30 

4.2.3 OBLR Number of tribes supported by Brownfields cooperative agreements. No Target 93.2.2 OUST 

Number of LUST cleanups in Indian country that meet risk-based standards for human exposure and groundwater migration. 

 30 

3.1.2 OUST 

Percentage of UST facilities in Indian country that are in significant operational compliance with both release detection and release prevention (spill, overfill, and corrosion protection) requirements. 

71 

Future Cross-Program Revitalization Measures 

Goal23 Office Measure 

Tribal 

Capacity 

Building 

Activity 

Im

Goals 3 & 4 

OSWER-wide 

Number of sites and acres being addressed by OSWER cleanup programs located in Indian country and Alaska tribal lands. 

Goals 3 & 4 

OSWER-wide 

Number of acres that are protective for people under current conditions for sites in Indian country and Alaska tribal lands. 

Goals 3 & 4 

OSWER-wide 

Number of acres that are ready for anticipated uses for sites in Indian country and Alaska tribal lands. 

23 These priorities are conveyed in EPA Administrator Stephen L. Johnson’s Action Plan (http://www.epa.gov/adminweb/administratorAssistant Administrator Susan Parker Bodine’s Action Plan (http://www.epa.gov/oswer/actionplan/index.htm) and Goals 3 and 4 of EP

(http://www.epa.gov/ocfopage/plan/plan.htm). 
34

Other Tribal-Specific Indicators to Track 

Goal/ Obj24 Office Indicator 

Tribal 

Capacity 

Building 

Activity 

Im

Goals 3 

and 4 

IPCO Number of OSWER staff trained. 

Goals 3 

and 4 

IPCO Number of hits on OSWER’s Tribal Programs Web site and the number of inquiries from the 

Web site. 

Goals 3 

and 4 

OSWER

-wide 

Number of DITCAs involving an OSWER program in EPA. 9 

3.2 OSRTI Number of tribes supported by a Superfund cooperative agreement and type of cooperative 

agreements used. 

9

4.2 OBLR Placeholder for Future Indicator: Develop an indicator based on the results of the 

Brownfields State, Tribal and EPA 128(a) Phase III Measures Workgroup. 

9

4.2 OBLR Number of 128(a) tribal response program cooperative agreements. 94.2 OBLR Number of 104(k) competitive cooperative agreements. 93.1 OUST Total number of tribal staff trained on development and implementation of an UST program. 93.1 OUST Number of federal inspector credentials issued to tribes to conduct federal UST compliance 

inspections. 

3.2 and 

4.1 

OEM Number of regulated facilities (i.e., under Spill Prevention, Control, and Countermeasure 

(SPCC) and Clean Air Act section 112(r)) inspected in Indian country. 

3.2 OEM Compliance rate of inspected facilities subject to SPCC/FRP regulations in Indian country. 4.1 OEM Percentage of tribes with 112 (r) facilities that have an emergency response plan, have 

established a mutual aid agreement, or are covered in the facilities’ emergency response plan. 

9

3.2 OEM Number of oil spills and releases of hazardous substances occurring in Indian country where 

EPA is the lead. 

3.2 and 

4.1 

OEM Number of EPA-led trainings offered and the number of tribal staff trained for emergency 

management-related purposes. 

9

3.2 FFRRO Number of acres transferred to a tribe from a Base Realignment and Closure site. 3.2 FFRRO Percent of tribal involvement in advisory boards and community groups. 9

24 These indicators support priorities conveyed in specified sections of Goals 3 and 4 of EPA’s Strategic Plan (http://www.epa.gov/ocfo
35

Appendix A – Summary of EPA and OSWER National Indian Programs 

OSWER Tribal Program Structure 

OSWER has designated tribal coordinators in each of the programmatic offices, who team with 

an overall OSWER Tribal Coordinator, to ensure that tribal issues related to OSWER programs 

are communicated, coordinated and effectively addressed within OSWER, throughout EPA, and 

among the federal agencies, tribes, and appropriate stakeholders. 

• Within OSWER: The tribal coordinators within the program offices help ensure that 

program implementation decisions and policies are consistent with the principles of 

EPA’s Indian Policy and OSWER’s program initiatives. The OSWER tribal coordinator 

meets regularly with the program tribal coordinators, and provides leadership and 

direction for the overall OSWER tribal program. 

• Throughout EPA: OSWER coordinates its Indian Program with a network of tribal 

contacts in AIEO, headquarters program offices, and regional program offices. The 

OSWER Tribal Coordinator is the primary OSWER contact for the cross-agency Indian 

Program Policy Council (IPPC) and the National Indian Work Group (NIWG). Individual 

OSWER program office tribal coordinators and managers also participate in these 

venues. 

o AIEO is the lead office for coordinating the overall EPA tribal program to ensure 

consistency with EPA's Indian Policy and the Administrator's Initiatives. AIEO 

manages the Indian General Assistance Program (GAP) appropriation, the 

National Tribal Operations Committee (NTOC), and the NIWG. AIEO also 

provides support to the IPPC and regional and headquarters offices. 

o OSWER also actively supports cross-cutting EPA tribal initiatives, such as the 

IPPC, a high level Agency group co-chaired by the Deputy Assistant 

Administrator for the Office of Water and the Deputy Regional Administrator for 

the lead region for the National Indian Program. The IPPC is charged with 

identifying and implementing collaborative means of addressing those national 

tribal issues that have environmental implications for multiple media areas and to 

enhance the protection of human health and the environment in Indian country. 

o The NIWG is chaired by the director of AIEO and is composed of representatives 

from the regional and headquarters offices. The NIWG serves to coordinate 

program activities and share information among AIEO and the headquarters and 

regional offices. The NIWG serves as a primary means for AIEO to engage staff 

throughout EPA on Indian program issues and coordinate EPA's Indian program. 

OSWER networks with NIWG members through regular conference calls and 

national meetings. 

o EPA Regions: EPA's regional offices are responsible for, among other things, 

implementing the Agency's authorities with the states, tribes and local 

governments located within their geographical boundaries, and are the primary 

means for providing direct funding support to tribal governments. Currently, nine 

of the ten EPA Regions include federally-recognized tribes, and these Regions 

have established tribal assistance program offices, and/or tribal contacts or 

coordinators to ensure EPA programs work directly with federally-recognized 

tribes in a government-to-government relationship to carry out the Agency's 

responsibilities. Tribes and Regions have also established Regional Tribal 
36

Operations Committees, or similar mechanisms, which formally engage tribal 

representatives and regional personnel, on a regular basis, to discuss and 

deliberate on environmental issues impacting Indian country. Similar to other 

EPA programs, the EPA tribal program has a "Lead Region" rotational 

assignment. The purpose of the Lead Region System is to ensure that EPA makes 

quality decisions by providing the Regions with a formal opportunity to 

participate in the decision-making process—seeking consensus on issues or 

clarifying regional views on majority and minority positions to the various 

offices. Most of OSWER's program offices conduct regular conference calls with 

their regional counterparts to share information and discuss tribal-specific issues 

and activities. 

• Among Federal Agencies: OSWER coordinates with federal agencies regarding tribal 

issues on a regular basis as part of its program office activities. 

• With Tribes: OSWER participates on NTOC which is composed of 19 tribal 

representatives, elected through Regional Tribal Operations Committees, and EPA senior 

managers from headquarters offices and regions. The NTOC functions to exchange views 

and information in relation to management or implementation of federal programs 

sharing "intergovernmental responsibilities or administration." OSWER also works 

directly with tribal governments on particular issues, and to carry out government-togovernment consultation in developing Agency actions that affect tribes, where 

appropriate. 

OSWER recognizes that tribal programs generally may draw funding from multiple sources, 

including from the GAP, from other EPA media offices, and from other federal agencies. 

OSWER supports tribal coordination of multimedia environmental protection efforts, and 

believes that this type of coordination can promote effective implementation and operation of a 

full range of environmental protection measures, and may best serve the needs of the tribe. 

For further information on EPA's National Indian Program, please visit the internet at: 

www.epa.gov/tribal/. 
37

Appendix B – Information on OSWER Programs 

CERCLA Superfund Program 

Under CERCLA, some tribes have been involved in assessing potential sites within their areas 

for eligibility in Superfund and participating in the cleanup process at Superfund sites that impact 

tribal communities, land, and natural resources. The Agency works with tribes to identify and 

respond to Superfund-eligible cleanup needs, enhance tribal participation in the cleanup process 

at sites impacting tribes, and provide technical assistance for effective clean up of uncontrolled 

or abandoned hazardous waste sites. The diagram below highlights the basic components of 

EPA’s Superfund program and the potential tribal funding sources for each component activity. 

Superfund Program Overview 
38

RCRA Solid Waste Program (RCRA Subtitle D) 

The goal of OSWER’s Solid Waste Program in Indian country is to have tribes and EPA reach a 

shared understanding of the nature and extent of non-hazardous waste issues in Indian country 

and establish self-sustaining integrated waste management programs that protect human health 

and the environment in Indian country and other tribal areas. The diagram below highlights the 

basic components of EPA’s Solid Waste Program as it relates to tribes, key tribal measures that 

OSWER tracks with respect to tribes, and potential funding sources for each component activity. 

Solid Waste Program Overview (RCRA Subtitle D) 
39

RCRA Hazardous Waste Program (RCRA Subtitle C) 

OSWER’s vision for the hazardous waste program in Indian country is to have a shared 

understanding of the nature and extent of hazardous waste issues in Indian country and establish 

self-sustaining integrated waste management programs, where needed. The RCRA Subtitle C 

program is a comprehensive effort to ensure that hazardous waste is managed safely from “cradle 

to grave,” that is: from the moment it is generated; while it is transported, treated, or stored; until 

it is finally re-used or disposed of in a safe manner. The diagram below highlights the basic 

components of EPA’s hazardous waste program as they relate to tribes and the potential funding 

sources for each component activity. 

Hazardous Waste Program Overview (RCRA Subtitle C) 
40

RCRA UST Program (RCRA Subtitle I) 

OSWER’s UST program strives to ensure that compliance rates with federal and tribal tank 

program requirements for leak detection and leak prevention in Indian country are significantly 

increased. In addition, OUST’s tribal strategy identifies key issues and actions to strengthen the 

relationships between EPA and tribes, improve information sharing, enhance tribal capacity, and 

further the cleanup and compliance of USTs in Indian country. The diagram below highlights the 

basic components of EPA’s UST program as they relate to tribes, the key tribal measures that 

OSWER tracks with respect to tribes, and potential funding sources for each component activity. 

UST Program Overview (RCRA Subtitle I) 
41

Oil Spill Response 

EPA receives notification and responds to releases through the National Response System, which 

is a multi-agency preparedness and response mechanism that includes: the National Response 

Center (NRC), and the National Response Team (NRT) composed of 16 federal agencies, 13 

Regional Response Teams, and federal on-scene coordinators. These entities work with state, 

local, and tribal officials to develop and maintain contingency plans for effective response to 

hazardous substance and oil emergencies, and to ensure that all necessary resources, such as 

personnel and equipment, are available and containment, cleanup, and disposal activities proceed 

quickly, efficiently, and effectively. 

Under the Oil Pollution Act (OPA), some tribes have developed first-responder capabilities 

through tribal police, fire, and emergency response departments. In addition, many tribes have 

developed emergency response plans. EPA generally works with tribes to provide technical 

assistance. In addition, EPA is the federal on-scene coordinator that can respond to incidents that 

are beyond the capability, or otherwise cannot be addressed, by the tribal agency or responsible 

party. 

The goal of OSWER’s Oil Spill Program in Indian country is to ensure that oil storage/handling 

facilities, either tribal or non-tribally-owned/operated, in Indian country are in compliance with 

spill prevention, control and countermeasure (SPCC) and facility response plan (FRP) 

requirements, and develop a basic oil spill awareness—including participation in Area and Subarea Contingency Planning Committees, drills, Regional Response Teams, response community 

exercises, and Spills of National Significance exercises—to ensure proactive measures are 

applied before and after an oil discharge in Indian country. 
42

Oil Spill Program Overview 
43

Emergency Response Planning 

EPA seeks to have tribes establish and maintain current tribal emergency response planning 

committees (TERCs) [or participate in a local emergency planning committee (LEPC)] and 

emergency response plans to reduce chemical risks in tribal communities, and participate in 

accident prevention and response initiatives. EPA’s goal is that tribes have basic awareness of 

chemical hazards in their communities and participate in accident prevention initiatives. 

Emergency Response Program Overview 

 
44

Preparedness and Response Along the U.S.-Mexico Border: Coordination with the Tribal, 

State and Local Governments 

OEM is involved with the U.S.-Mexico Border 2012 Program, which includes Emergency 

Preparedness and Response activities along the 100 miles of the U.S.-Mexico inland boundary, 

along with Regions 6 and 9, Mexico, and the 26 U.S. federally-recognized tribes in the border 

region. 

Ninety percent of the border population resides in 15 paired, inter-dependent sister cities. Many 

of the sister city pairs along the border share common air and water resources which calls for trinational cooperation to overcome the many environmental challenges. There are 26 U.S. 

federally-recognized tribes, which range in size from nine to 17,000 members, and seven 

indigenous Mexican groups in the border region. Recognizing that the contingencies or 

emergencies involving hazardous materials affect the local community first, Joint Response 

Team members agreed that planning efforts are needed for the tribal governments and the 30 

sister cities – 15 in Mexico and the adjacent 15 in the United States – that could be affected by a 

major hazardous chemical substance release. The Sister City Contingency Plan Program was 

created to meet that need. Fourteen sister cities have Joint Contingency Plans and the El PasoCiudad Juarez- Sun Land Park Sister City Plan was signed in June of 2007. 
45

 

Brownfields 

The Brownfields Program promotes the cleanup and redevelopment of brownfields sites through 

policies, laws, and initiatives that explore sector-based solutions, enhance environmental quality, 

spur economic development, and revitalize communities. As part of its mission to protect human 

health and the environment, EPA is dedicated to revitalizing all types of contaminated land to 

productive economic and greenspace use, and states and tribes play a significant role in cleaning 

up brownfields. OBLR manages the Agency’s Brownfields Program and is tasked with 

implementing the Small Business Liability Relief and Brownfields Revitalization Act and 

coordinating Brownfields Programs within each of the regional offices. 

Brownfields Program Overview 

 
46

Appendix C – OSWER Statutory Authorities and Status of Tribes 

Statutes Implemented by the Office of Solid Waste and Emergency Response 

Resource Conservation and Recovery Act 

Statutory Overview 

The Resource Conservation and Recovery Act (RCRA) governs the management of solid and hazardous waste and 

underground storage tanks (USTs) to ensure that wastes are managed in an environmentally safe manner. The goals 

of RCRA also include conserving energy and natural resources through waste recycling and recovery and reducing 

or eliminating waste generation. 

Tribal Status 

• Tribes can not be treated in the same manner as states for purposes of implementing Subtitle D of RCRA. 

• Subtitle D (Solid Waste): EPA cannot approve a tribal Municipal Solid Waste Landfill (MSWL) permit 

program as it does with states. However, EPA can issue site-specific rules in Indian country that may provide 

flexibility to solid waste landfill requirements at 40 CRF Part 258. 

• Subtitles C (Hazardous Waste) & I (Underground Storage Tanks): EPA maintains direct implementation 

authority in Indian country.

Comprehensive Environmental Response, Compensation, and Liability Act 

Statutory Overview 

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) provides 

broad authority for federal program response to releases of hazardous substances and pollutants or contaminants. 

Tribal Status 

• Tribes have substantially the same roles as states for many purposes under CERCLA (see Section 126). 

• CERCLA provides for a tribal role by: (1) providing tribes substantially the same treatment as states for 

specified activities—notification of releases, consultation on remedial actions, access to information, and 

roles and responsibilities under the National Contingency Plan (NCP), and (2) providing tribal eligibility 

to enter into cooperative agreements with EPA to perform or participate in Superfund-eligible site 

response activities. (EPA retains final oversight authority.)

Oil Pollution Act of 1990 

Statutory Overview 

The Oil Pollution Act (OPA) provided new requirements in part by amending section 311 of the Clean Water Act, 

for preventing, preparing for, and responding to any oil spill affecting inland U.S. waters; expanded liability 

provisions; and consolidated existing oil spill liability funds into, and strengthened, the Oil Spill Liability Trust 

Fund to provide greater resources to respond to oil spills. 

Tribal Status 

• The OPA addresses natural resource damages and provides for Indian Tribe Trustees for natural 

resources. 

• The federal government must direct all public and private response efforts to spills, although states and 

tribes may implement their own, non-federal oil programs. 

• Indian Tribe Trustees for natural resources are authorized to assess and recover natural resource damages, 

and the Trust Fund is authorized to be used for payment of Indian Tribe natural resources trustees for 

costs incurred in restoring/rehabilitating, etc. natural resources damaged by an oil spill. 

OSWER’s Oil Program uses the authorities under both OPA and the Clean Water Act (CWA), and their 

implementing regulations (NCP and the Spill Prevention, Control and Countermeasure Regulation (SPCC)) to 

address the potential environmental threats posed by petroleum and non-petroleum oils. 
47

Emergency Planning and Community Right-to-Know Act of 1986 

(Expanded on under the Pollution Prevention Act of 1990)25 

Statutory Overview 

The Emergency Planning and Community Right-to-Know Act (EPCRA) serves to inform communities and citizens 

of chemical hazards in their areas and to encourage and help communities plan for emergencies involving 

hazardous substances. EPCRA has four major provisions: one addresses emergency planning and three address 

chemical reporting. EPCRA establishes requirements for federal, state and local governments, Indian Tribes, and 

industry regarding emergency planning and “Community Right-to-Know” reporting on hazardous and toxic 

chemicals. EPCRA Section 313 requires covered facilities to annually report to EPA and their state or tribe on 

releases and transfers of toxic chemicals. EPA is required to make this data available to the public in a database, 

which is called the Toxics Release Inventory (TRI). The Pollution Prevention Act of 1990 expanded the 

information required to be reported to the TRI to include information on waste management and source reduction 

activities. The provisions help increase the public’s knowledge and access to information on chemicals at 

individual facilities, their uses, and releases into the environment. States, Tribes and communities, working with 

facilities, can use the information to improve chemical safety and protect public health and the environment. 

Tribal Status 

EPA recognizes a role for tribes similar to states in planning for responding to chemical emergencies. EPA 

regulations under EPCRA Section 313 establish requirements for covered facilities located in Indian country to 

report TRI information to the appropriate tribe.

Small Business Liability Relief and Brownfields Revitalization Act 

Statutory Overview 

The Small Business Liability Relief and Brownfields Revitalization Act (Brownfields Law, P.L. 107-118) amends 

CERCLA. The Law defines a brownfields site and authorizes funding for assessment and cleanup of brownfields 

properties and state and tribal response programs. The Law limits the liability of certain contiguous property 

owners and prospective purchasers of brownfields properties and clarifies appropriate inquiry for innocent 

landowners to encourage revitalization and reuse of brownfields sites. 

Tribal Status 

Tribes are treated as states under the Law, with the exception that Alaska Native tribes (not including the 

Metlakatla Indian Community) are prohibited from receiving Section 104 funding. Because implementation 

authority is given to non-federal entities, Brownfields is not an authorized program, and there is no express TAS 

requirement for tribes. The role of tribes is voluntary; tribes may develop response programs and/or inventory, 

assess, and clean up sites. 

 

25 OSWER also implements section 112(r) of the Clean Air Act (CAA). The CAA establishes federal standards for 

(1) air pollutant concentrations or emission rates from stationary and mobile sources, and (2) parameters for working 

with states and tribes to regulate pollutant emissions. The Act strives to improve air quality in areas that do not meet 

federal standards and prevent deterioration in areas where standards are being met. In 1990, section 112 (r) of the 

amended CAA established requirements regarding the prevention and detection of accidental releases of hazardous 

chemicals. The Risk Management Program (RMP) established under those requirements is an extension of the 

planning and preparedness programs established under EPCRA. Under the RMP program, facilities that handle 

quantities of regulated substances are required to develop RMPs and submit them to EPA, state or tribal agencies 

and local emergency planning committees (LEPCs). 

Tribal Status 

CAA §301(d) authorizes EPA to treat eligible tribes as states (TAS) for many purposes under the CAA. However, 

tribes are not required to implement CAA programs. Eligible tribes may pick and choose “severable elements” of 

the CAA that can be implemented separately to meet their identified needs. Tribes may establish stronger (but not 

weaker) pollution controls than those laid out in the CAA (through EPA-approved implementation plans). They may 

also play a role in permitting facilities. 
48

Appendix D – List of References 

1. 2005 Year in Review: Emergency Management – Prevention, Preparedness and 

Response, September 2006. 

2. 2006-2011 EPA Strategic Plan: Charting Our Course, September 30, 2006. 

3. The Administrator’s Action Plan. 

4. A Beginner’s Booklet: Consulting with Tribes at Superfund Sites, 2006. 

5. Chemical Emergency Preparedness and Prevention in Indian Country (EPA550-F-01-

012), August 2002. 

6. EPA FFRRO Talking Stick (EPA505-F-04-001), January 2004. 

7. FY 2008 OSWER National Program Manager’s Guidance, April 2007. 

8. Hazard Ranking System (HRS) Guidance, March 20, 2007. 

9. Interim Guidance for OSWER Cross-Program Revitalization Measures, October 18, 

2006. 

10. Oil Program Update: The U.S. EPA’s Oil Program Report, October 2005. 

11. OSW/Regional Tribal Integrated Waste Management (IWM) Strategy. 

12. OSWER Action Plan. 

13. Paper on Tribal Issues Related to Tribal Traditional Lifeways, Risk Assessment, and 

Health and Well Being: Documenting What We’ve Heard, The National EPA-Tribal 

Science Council, April, 2006. 

14. Plan to Enhance the Role of the States and Tribes in the Superfund Program, March 

1998. 

15. Report to Congress on Implementing and Enforcing the Underground Storage Tank 

Program in Indian Country, Underground Storage Tank Program USEPA, August 2007. 

16. Strategy for an EPA/Tribal partnership to Implement Section 1529 of the Energy Policy 

Act of 2005, August 2006. 

17. Summary of Results from the 2004 Tribal Hazardous Waste Sites Project developed by 

Zender Environmental Science and Planning Services, TASWER, 2004. 

18. Tribal Decision-maker’s Guide to Solid Waste Management (EPA530-R-03-013), 

November 2003. 

19. Tribal Recommendations to EPA Office of Solid Waste and Emergency Response on 

Actions Necessary to Address Tribal risk and Toxics-Related Deficiencies, National 

Tribal Environmental Council Superfund Working Group and Forum on State and Tribal 

Toxics Action Tribal Affairs Project, Draft, April 4, 2005. 
49

Appendix E – Links to EPA Tribal Program Contacts 

EPA Tribal Portal – Index of all Regional Tribal Program Contacts: 

http://www.epa.gov/tribal/contactinfo.index.htm 

OSWER Tribal Web Page – Index of all OSWER Tribal Coordinators: 

http://www.epa.gov/oswer/tribal/contacts.htm
50

Appendix F – Acronyms 

AAI – All Appropriate Inquiry 

AIEO – American Indian Environmental Office 

BIA – Bureau of Indian Affairs 

CAA – Clean Air Act 

CERCLA – Comprehensive Environmental Response, Compensation, and Liability Act 

CERCLIS – Comprehensive Environmental Response, Compensation, and Liability Information 

System 

CWA – Clean Water Act 

DFSC – Division of Sanitation Facilities Construction 

DITCA – Direct Implementation Tribal Cooperative Agreement 

DoD – U.S. Department of Defense 

DOE – U.S. Department of Energy 

EPCRA – Emergency Planning and Community Right-to-Know Act 

FFEO – Federal Facility Enforcement Office 

FFRRO –Federal Facilities Restoration and Reuse Office 

FRP – Facility Response Plan 

GAP –General Assistance Program 

HRS – Hazard Ranking System 

HUD – U.S. Department of Housing and Urban Development 

IHS – Indian Health Service 

IPCO – Innovations, Partnerships, and Communications Office 

IPPC – Indian Program Policy Council 
51

IWM – Integrated Waste Management 

LEPC – Local Emergency Response Planning Committee 

LQG – Large Quantity Generator 

LUST – Leaking Underground Storage Tank 

MEC HA – Munitions and Explosives of Concern Hazard Assessment 

MSWL – Municipal Solid Waste Landfill 

NCP – National Contingency Plan 

NIMS – National Incident Management System 

NIWG – National Indian Workgroup 

NPM – National Program Manager 

NPL – National Priorities List 

NRC – National Response Center 

NTOC – National Tribal Operations Committee 

OBLR – Office of Brownfields and Land Revitalization 

OECA – Office of Enforcement and Compliance Assurance 

OEM – Office of Emergency Management 

O&M – Operations and Maintenance 

OMDS – Operation and Maintenance Data System 

OPA – Oil Pollution Act 

OSLTF – Oil Spill Liability Trust Fund 

OSRTI – Office of Superfund Remediation and Technology Innovation 

OSW – Office of Solid Waste 

OSWER – Office of Solid Waste and Emergency Response 
52

OUST – Office of Underground Storage Tanks 

PRP – Potentially Responsible Party 

RCRA – Resource Conservation and Recovery Act 

RMP – Risk Management Program 

RTOC – Regional Tribal Operations Committee 

RUS – Rural Utilities Service 

SPCC – Spill Prevention, Control, and Countermeasures 

STAG – State and Tribal Assistance Grant 

TAS – Treatment in a Similar Manner as a State Program 

TBA – Targeted Brownfields Assessment 

TERC – Tribal Emergency Response Planning Committee 

TRI – Toxics Release Inventory 

TSDF – Treatment, Storage, and Disposal Facility 

UST – Underground Storage Tank 

WETG – Working Effectively with Tribal Governments 

wSTARS – Web Sanitation Tracking and Reporting System