EPA POLICY FOR THE ADMINISTRATION OF ENVIRONMENTAL 

PROGRAMS OM INDIAN RESERVATIONS 

INTRODUCTION 

The President pub1 i shed a Federal Indian Pol icy on January 24, 1983, 

supporting the primary role of Tribal Governments in matters affecting 

American Indian reservations . That pol icy 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 Envi ronnental Protection Agency (EPA) has previ ously i ssued general 

statements of policy which recognize the importance of Tribal Governments 

in regulatory activities that impact reservation envi ronments. It is the 

purpose of this statement to consolidate and expand on existing EPA Indian 

Po1 i cy statements in a manner consistent with the overall Federal position 

in support of Tri bal "sel f -governmentti and "government-to-government" re1 ations between Federal and Tri ba1 Governments. Thi s s tatement 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 Pol icy is intended to provide guidance for EPA program managers in the 

conduct of the Agency's congressionally mandated responsibilities. As 

such, it applies to €?A 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 whi ch wi 11 real i ze these pri nci pl es on Indi an Reservations cannot 

be accomplished immediately. Effective implanentation will take careful 

and conscientious work by €PA, the Tribes and many others. In many cases, 

it will requi re changes i n appl i cable statutory authorities and regulations. 

It will be necessary to proceed in a carefully phased way, to learn from 

successes and fai 1 ures, and to gain experience. Nonetheless, by beginning 

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

esiabl ished under these principles, over time we can significantly enhance 

envi ronmental qua1 i ty on reservation 1 ands. 

POLICY 

In carrying out our responsi bi 1 ities on Indian reservations, the 

fundamental objective of the Envi ronmental Protecti on Agency i s to protect 

human health and the environment. The k2ynote of this effort will be to 

give special consideration to Tribal interests in making Agency pol icy, 

and to insure the close involvement of Tribal Governments in making 

decisions and managing envi ronrnental programs affecting reservation 1 ands. 

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 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 

wi 11 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 deli berations 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 envi ronmnts. 

3, THE AGENCY WILL TAKE AFFIRMATIVE STEPS TO ENCOURAGE AND ASSIST 

TRIBES IN ASSIJMING REGULATORY AND PROGRAM MANAGEMENT RESPONSIBILITIES 

FOR RESERVATION LANDS. 

The Agency wi 11 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 wi 11 encourage Tribes to assume delegable responsi bi 1 i ties, (i - -e. 

r e s p o n s i b i 1 i ties which the Agency has traditional ly 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 fu.11 responsibi lity for 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 

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 Governwnts on reservation problems. As 

impediments in our procedures, regulations or statutes are identified 

which limit our ability to work 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 cooperati on 

and mutual consideration of neighboring governments, whether those 

governments be neighboring States, Tribes, or local units of government. 

Accordingly, EPA wi 11 encourage early communi cation and cooperati on 

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 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 wi 11 

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 envi ronnental 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 consul tation as necessary to enable Tribal 

facilities to comply. Because of the distinct status of Indian Tribes and the 

complex legal issues involved, di rect EPA action through the judi cia1 or 

administrative process wi 11 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 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. 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 Pol icy are effectively institutionalized by incorporating them into 

the Agency's ongoing and long-term planning and management processes. Agency 

managers will include specific programmatic actions designed to resolve problems on Indian reservations in the Agency's 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