EPA POLICY FOR THE ADMINISTRATION OF ENVIRONMENTAL PROGRAMS 

### OM INDIAN RESERVATIONS



### INTRODUCTION

The President pub1

### i shed 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 re1 ated themes: 

### (1)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 Environnental ProtectionAgency 

### (EPA) has previously 

### i ssued general statements of policy which recognize the importance of Tribal Governments inregulatory activities that impact reservation environments. It is the purpose ofthis statement to consolidate and expand on existing EPA Indian Po1

### i cy statements ina manner consistent with the overall Federal position insupport of Tribal "self-governmentti and "government-to-government" re1ations between Federal and Triba1 Governments. Thi

### s statement sets forth the principles that

### willguide theAgency indealingwith 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 toprovide guidance for EPA program managers inthe conduct of the Agency's congressionally mandated responsibilities. As such, it applies to 

### €?A only and does not articulate policy for other Agencies inthe conduct of their respective responsibilities.

It is important to emphasize that the implementation of regulatory programs which wi11 real

### i ze these pri nci 

### ples on Indian Reservations cannot be accomplished immediately. Effective implanentation 

### will take careful and conscientious work by 

### €PA, the Tribes and many others. Inmany cases, it

### will requirechanges 

### in appl

### i cable statutory authorities and regulations. Itwill be necessary to proceed ina carefully phased way, to learn from

successes and fai1 ures, and to gain experience. Nonetheless, by beginning work on the priority problems that exist now and continuinginthe direction esiablished under these principles, over time we can significantly enhance environmental qua1

### i tyon reservation 1 ands.

POLICY

Incarrying out our responsibi1 ities on Indian reservations, the fundamental objective of the Environmental Protection Agency 

### is toprotect human health and the environment. The k2ynote 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 environrnental programs affecting reservation 

### 1ands. To meet this objective, the Agzncy will pursue the following principles:1. THE AGENCY STANDS READY TO WORK DIRECTLY WITH INDIAN TRIBAL GOVERNMENTS ON 

### A ONE-TO-ONE BASIS (THE "GOVERNMENT-TO-GOVERNMENT" RELATIONSHIP). RATHER THAN AS SUBDIVISIONS OF OTHER GOVERNMENTS.

EPA recognizes Tribal Governrents as sovereign entities with primary authority and responsibility for the reservation populace. Accordingly, EPA 

### willwork directlywithTribal 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.

Inkeeping with the principle of Indian self-government, the Agency 

### wi11 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 directlytoTribal Governments toplay this lead role for matters affecting reservation environmnts.



### 3, THE AGENCY WILL TAKE AFFIRMATIVE STEPS TO ENCOURAGE AND ASSIST TRIBES IN ASSIJMING REGULATORY AND PROGRAM MANAGEMENT RESPONSIBILITIES FOR RESERVATION LANDS.

The Agency 

### wi11 assist interested Tribal Governments in developing programs and in preparing to assume regulatory and program management responsibilities for reservation lands. Mi thin the constraints of EPA's authority and resources, this aid 

### will include providing grants and other assistance to Tribes similar to that we provide State Governments. The Agency wi11 encourage Tribes to assume delegable responsibi1

### i ties, (i 

## -

-e. r e s p o n s i b i 1

### i tieswhich the Agency has traditionally delegated to State Governments for non-reservation lands) under terms similar to those governing delegations toStates.

Until Tribal Governments are willing and able toassume fu.11 responsibilityfor delegable programs, the Agency will retain responsibility for manaying programs for reservations (unless the State has an express grant of jurisdiction from Congress sufficient to support delegation to the State Government). Where €PA retains such responsibility, the Agency willencourage 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 inthe language of our statutes and regulations have limitedour abilitytowork directly and effectively with Tribal Governwnts on reservation problems. As impediments in our procedures, regulations or statutes are identified which limitour ability towork effectivelywith Tribes consistent with this Policy, we 

### will seek toremove those impediments.

5. THE AGENCY, 

### INKEEPING WITH THE FEDERAL TRUST RESPONSIBILITY, WILL ASSURE 

### THAT TRIBAL CONCERNS 

### AND 

### INTERESTS ARE 

### CONSIDERED WHENEVEREPA'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 planningand management require the cooperation and mutual consideration of neighboring governments, whether those governments be neighboringStates, Tribes, or local unitsof government. Accordingly, EPA 

### wi11 encourage early communication and cooperation among Tribes, States 

### and local governments. This is not intended to lend Federal support to any one party tothe jeopardy ofthe interests ofthe other. Rather, it recognizes that inthe fieldof 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 NITH OTHER FEDERAL AGENCIES WtlICH HAVE RELATED RESPONSIBILITIES ON INDIAN RESERVATIONS 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 wi11 work with other agencies to clearly identify and delineate the roles, responsibilities and relationships of our respective organizations and to assist Tribes indeveloping and managing environnental programs for reservation lands.8. THE AGENCY WILL STRIVE TO ASSURE COMPLIANCE WITH ENVIRONMENTAL STATUTES AND REGULATIONS ON INDIAN RESERVATIONS.

Inthose cases where facilities owned or managed by Tribal Governments

are not in compliance with Federal environmental statutes, EPA 

### will work cooperatively with Tribal leadership todevelop means toachieve compliance, providingtechnical support and consultation as necessary to enable Tribal facilities tocomply. Because of the distinctstatus of Indian Tribes and the complex legal issues involved, direct EPA action through the judicia1 or administrative process 

### wi11 be considered where the Agency determines, in its judgment, that: 

### (1) a significant threat to human health or the environment exists, 

### (2) such action would reasonably be expected to achieve effective results in a timely mnner, and (3) the Federal Government cannot utilize other alternatives tocorrect the problem ina timely fashion.

Inthose 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 toact 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 inthe country. Where 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 OFlGOING POLICY AND REGULATION DEVELOPMENT PROCESSES.

It is a central purpose of this effort to ensure that the principles of this Policy are effectively institutionalized by incorporating them into the Agency's ongoing and long-term planning and management processes. Agency managers 

### will include specific programmatic actions designed to resolve problems on Indian reservations intheAgency's e x i s t i n g f i s c a l year and long-term planning and management processes.

kiilliarn D. Ruckelshaus