# 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 matte rs 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 reservati on environments. It is the purpose of this

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

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

Governments. This statement sets forth t he 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 c ongressionally mandated responsibilities. As such, it applies to EPA only and does not ar ticulate policy for other Agencies in the conduct of their respecti ve responsibilities.

It is important to emphasize that the implementation of regulatory programs which will realize these principles on Indian Reservat ions 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, an d 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 Indi an reservations, the fundamental objective of the Environmental Protection Agen cy 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 WO RK DIRECTLY WITH INDIAN TRIBAL

GOVERNMENTS ON A ONE-TOONE BAS IS (THE "GOVERNMENT - TO - GOVERNMENT" RELATIONSHIP), RATHER THAN AS SUBDIVISIONS OF OTHER

GOVERNMENTS.

EPA recognizes Tribal Governments as sove reign entities with primary authority and responsibility for the reservation populace. Accordingly, EPA will work directly with Tribal Governments as the independent author ity 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 se lf-government, the Agency will view Tribal Governments as the appropriate non-federal parties for making decisions and carrying out program responsibilities affecti ng Indian reservations , their environments,

and the health and welfare of the reservation pop ulace. 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 ASSU MING REGULATORY AND PROGRAM MANAGEMENT

RESPONSIBILITIES FOR RESERVATION LANDS.

The Agency will assist intere sted 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 ot her assistance to Tribes, similar to what we provide

State Governments. The A gency will encourage Trib es to assume delegable responsibilities, (i.e. responsibilities wh ich 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 expr essed grant of jurisdiction from Congress sufficient to support delegation to the St ate 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 GOVERNM ENTS ON RESERVA TION PROGRAMS.

A number of serious constraints and uncert ainties 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 withTribes consistent with this Policy, we will seek to remove those impediments.

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

WILL ASSURE THAT TRIBAL CONCERNS AND INTERESTS ARE CONSIDERED

WHENEVER EPA'S ACTIONS AND/OR DE CISIONS MAY AFFECT RESERVATION

ENVIRONMENTS.

EPA recognizes that a trust responsibility der ives from the historical relationship

between the Federal Government and Indian Trib es as expressed in certain treaties and Federal Indian Law. In keeping with that trust responsibility, the Agency will endeavor to protect the environmental intere sts of Indian Tribes when carrying out its responsibilities that may a ffect the reservations.

6.THE AGENCY WILL ENCOURAGE COOPERATION BETWEEN TRIBAL, STATE

AND LOCAL GOVERNMENTS TO RESOL VE ENVIRONMENTAL PROBLEMS OF

MUTUAL CONCERN.

Sound environmental planning and managemen t require the cooperation and mutual consideration of neighboring governments, whether those governments be neighboring States, Tribes, or local uni ts 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. Rat her, it recognizes that in the field of environmental regulation, problems are o ften shared and the principle of comity between equals and neighbors often serv es 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 COOPE RATIVE EFFORTS TO HELP TRIBES

ASSUME ENVIRONMENTAL PROG RAM RESPONSIBILITIES FOR

RESERVATIONS.

EPA will seek and promote cooperation betwe en 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 st atutes, 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 an d the complex legal issues involved, direct EPA action through the judicial or administ rative 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 facilitie s are clearly owned or managed by private parties and there is no substantial Tribal in terest or control involved, the Agency will endeavor to act in cooperation with the a ffected Tribal Government, but will otherwise respond to noncompliance by private parti es 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, LEGISLAT IVE INITIATIVES, MANAGEMENT

ACCOUNTABILITY SYSTEM AND ONGOI NG POLICY AND REGULATION

DEVELOPMENT PROCESSES.

It is a central purpose of this effort to ens ure that the principles of this Policy are effectively institutionalized by incorpor ating 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