EPA Policy for the Administration of 

Environmental Programs on Indian 

Reservations 

 

November 8, 1984 

Introduction :

The President published a Federal Indian Policy on January 24, 1983, supporting the 

primary role of Tribal Governments in matters affecting American Indian reservations. 

That policy stressed two related themes: (l) that the Federal Government will pursue 

the principle of Indian"self-government" and (2) that it will work directly with Tribal 

Governments on a "government-to-government" basis. 

The Environmental Protection Agency (EPA) has previously issued general 

statements of policy which recognize the importance of Tribal Governments in 

regulatory activities that impact reservation environments. It is the purpose of this 

statement to consolidate and expand on existing EPA Indian Policy statements in a 

manner consistent with the overall Federal position in support of Tribal "selfgovernment" and "government-to-governments" relations between federal and Tribal 

Governments. This statement sets forth the principles that will guide the Agency in 

dealing with Tribal Governments and in responding to the problems of environmental 

management on American Indian reservations in order to protect human health and 

the environment. The Policy is intended to provide guidance for EPA program 

managers in the conduct of the Agency's congressionally mandated responsibilities. 

As such, it applies to EPA only and does not articulate policy for other Agencies in the 

conduct of their respective responsibilities. 

It is important to emphasize that the implementation of regulatory programs which will 

realize these principles on Indian Reservations cannot be accomplished immediately. 

Effective implementation will take careful and conscientious work by EPA, the Tribes 

and many others. In many cases, it will require changes in applicable statutory 

authorities and regulations. It will be necessary to proceed in a carefully phased way, 

to learn from successes and failures, and to gain experience. Nonetheless, by 

beginning work on the priority problems that exist now and continuing in the direction 

established under these principles, over time we can significantly enhance 

environmental quality on reservation lands. 

Policy:

In carrying out our responsibilities on Indian reservations, the fundamental objective 

of the Environmental Protection Agency is to protect human health and the 

environment. The keynote of this effort will be to give special consideration to Tribal 

interests in making Agency policy, and to insure the close involvement of Tribal 

Governments in making decisions and managing environmental programs affecting 

reservation lands. To meet this objective, the Agency will pursue the following 

principles: 
1.THE AGENCY STANDS READY TO WORK DIRECTLY WITH INDIAN TRIBAL 

GOVERNMENTS ON A ONE-TOONE BASIS (THE "GOVERNMENT - TO - 

GOVERNMENT" RELATIONSHIP), RATHER THAN AS SUBDIVISIONS OF OTHER 

GOVERNMENTS. 

EPA recognizes Tribal Governments as sovereign entities with primary authority and 

responsibility for the reservation populace. Accordingly, EPA will work directly with 

Tribal Governments as the independent authority for reservation affairs, and not as 

political subdivisions of States or other governmental units. 

2.THE AGENCY WILL RECOGNIZE TRIBAL GOVERNMENTS AS THE PRIMARY 

PARTIES FOR SETTING STANDARDS, MAKING ENVIRONMENTAL POLICY 

DECISIONS AND MANAGING PROGRAMS FOR RESERVATIONS, CONSISTENT 

WITH AGENCY STANDARDS AND REGULATIONS. 

In keeping with the principle of Indian self-government, the Agency will view Tribal 

Governments as the appropriate non-federal parties for making decisions and 

carrying out program responsibilities affecting Indian reservations, their environments, 

and the health and welfare of the reservation populace. Just as EPA's deliberations 

and activities have traditionally involved the interests and/or participation of State 

Governments, EPA will look directly to Tribal Governments to play this lead role for 

matters affecting reservation environments . 

3.THE AGENCY WILL TAKE AFFIRMATIVE STEPS TO ENCOURAGE AND 

ASSIST TRIBES IN ASSUMING REGULATORY AND PROGRAM MANAGEMENT 

RESPONSIBILITIES FOR RESERVATION LANDS. 

The Agency will assist interested Tribal Governments in developing programs and in 

preparing to assume regulatory and program management responsibilities for 

reservation lands. Within the constraints of EPA's authority and resources, this aid will 

include providing grants and other assistance to Tribes, similar to what we provide 

State Governments. The Agency will encourage Tribes to assume delegable 

responsibilities, (i.e. responsibilities which the Agency has traditionally delegated to 

State Governments for non-reservation lands) under terms similar to those governing 

delegations to States. 

Until Tribal Governments are willing and able to assume full responsibility for 

delegable programs, the Agency will retain responsibility for managing programs for 

reservations (unless the State has an expressed grant of jurisdiction from Congress 

sufficient to support delegation to the State Government). Where EPA retains such 

responsibility, the Agency will encourage the Tribe to participate in policy-making and 

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

programs. 

4.THE AGENCY WILL TAKE APPROPRIATE STEPS TO REMOVE EXISTING 

LEGAL AND PROCEDURAL IMPEDIMENTS TO WORKING DIRECTLY AND 

EFFECTIVELY WITH TRIBAL GOVERNMENTS ON RESERVATION PROGRAMS. 

A number of serious constraints and uncertainties in the language of our statutes and 

regulations have limited our ability to work directly and effectively with Tribal 

Governments on reservation problems. As impediments in our procedures, 

regulations or statutes are identified which limit our ability to work e effectively with 
Tribes consistent with this Policy, we will seek to remove those impediments. 

5.THE AGENCY, IN KEEPING WITH THE FEDERAL TRUST RESPONSIBILITY, 

WILL ASSURE THAT TRIBAL CONCERNS AND INTERESTS ARE CONSIDERED 

WHENEVER EPA'S ACTIONS AND/OR DECISIONS MAY AFFECT RESERVATION 

ENVIRONMENTS. 

EPA recognizes that a trust responsibility derives from the historical relationship 

between the Federal Government and Indian Tribes as expressed in certain treaties 

and Federal Indian Law. In keeping with that trust responsibility, the Agency will 

endeavor to protect the environmental interests of Indian Tribes when carrying out its 

responsibilities that may affect the reservations. 

6.THE AGENCY WILL ENCOURAGE COOPERATION BETWEEN TRIBAL, STATE 

AND LOCAL GOVERNMENTS TO RESOLVE ENVIRONMENTAL PROBLEMS OF 

MUTUAL CONCERN. 

Sound environmental planning and management require the cooperation and mutual 

consideration of neighboring governments, whether those governments be 

neighboring States, Tribes, or local units of government. Accordingly, EPA will 

encourage early communication and cooperation among Tribes, States and local 

Governments. This is not intended to lend Federal support to any one party to the 

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

environmental regulation, problems are often shared and the principle of comity 

between equals and neighbors often serves the best interests of both. 

7.THE AGENCY WILL WORK WITH OTHER FEDERAL AGENCIES WHICH HAVE 

RELATED RESPONSIBILITIES ON INDIAN RESERVATION TO ENLIST THEIR 

INTEREST AND SUPPORT IN COOPERATIVE EFFORTS TO HELP TRIBES 

ASSUME ENVIRONMENTAL PROGRAM RESPONSIBILITIES FOR 

RESERVATIONS. 

EPA will seek and promote cooperation between Federal agencies to protect human 

health and the environment on reservations. We will work with other agencies to 

clearly identify and delineate the roles, responsibilities and relationships of our 

respective organizations and to assist Tribes in developing and managing 

environmental programs for reservation lands. 

8.THE AGENCY WILL STRIVE TO ASSURE COMPLIANCE WITH 

ENVIRONMENTAL STATUTES AND REGULATIONS ON INDIAN 

RESERVATIONS. 

In those cases where facilities owned or managed by Tribal Governments are not in 

compliance with federal environmental statutes, EPA will work cooperatively with 

Tribal leadership to develop means to achieve compliance, providing technical 

support and consultation as necessary to enable Tribal facilities to comply. Because 

of the distinct status of Indian Tribes and the complex legal issues involved, direct 

EPA action through the judicial or administrative process will be considered where the 

Agency determines, in its judgment, that: (l) a significant threat to human health or the 

environment exists, (2) such action would reasonably be expected to achieve 

effective results in a timely manner, and (3) the Federal Government cannot utilize 

other alternatives to correct the problem in a timely fashion. 
In those cases where reservation facilities are clearly owned or managed by private 

parties and there is no substantial Tribal interest or control involved, the Agency will 

endeavor to act in cooperation with the affected Tribal Government, but will otherwise 

respond to noncompliance by private parties on Indian reservations as the Agency 

would to noncompliance by the private sector elsewhere in the country. When the 

Tribe has a substantial proprietary interest in, or control over, the privately owned or 

managed facility, EPA will respond as described in the first paragraph above. 

9.THE AGENCY WILL INCORPORATE THESE INDIAN POLICY GOALS INTO ITS 

PLANNING AND MANAGEMENT ACTIVITIES, INCLUDING ITS BUDGET, 

OPERATING GUIDANCE, LEGISLATIVE INITIATIVES, MANAGEMENT 

ACCOUNTABILITY SYSTEM AND ONGOING POLICY AND REGULATION 

DEVELOPMENT PROCESSES. 

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

effectively institutionalized by incorporating them into the Agency's ongoing and longterm planning and management processes. Agency managers will include specific 

programmatic actions designed to resolve problems on Indian reservations in the 

Agency's existing fiscal year and long-term planning and management processes. 

William D. Ruckelshaus 

 

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Last updated on Monday, May 12th, 2003 

URL: http://www.epa.gov/indian/1984.htm