DRAFT 

Office of Solid Waste and 

Emergency Response 

 Tribal Strategy

EPA & TRIBAL PARTNERSHIP TO 

PRESERVE AND RESTORE LAND 

IN INDIAN COUNTRY

February, 2008
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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-togovernment 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......................................................................................................................... 10

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

B. Program-Specific Goals, Strategies, Activities and Measures .......................... 12 

1. OSWER-wide (IPCO)........................................................................................ 13 

2. Solid and Hazardous Waste ............................................................................... 16 

3. Superfund ........................................................................................................... 20 

4. Brownfields......................................................................................................... 23 

5. Underground Storage Tanks (USTs) ............................................................... 26 

6. Emergency Management................................................................................... 29 

7. Federal Facilities Restoration and Reuse ........................................................ 32 

VI. Summary of OSWER’s Tribal Program Measures and Indicators ................... 34

Appendices 

A – Summary of EPA and OSWER National Indian Programs 

B – Information on OSWER Programs 

C – OSWER Statutory Authorities and Status of Tribes 

D – List of References 

E – Links to EPA Tribal Contacts 

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I. Introduction 

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 currently 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. 

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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 enforcement and compliance program in 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 

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. 

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

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

 
The OSWER Tribal Strategy covers the five year period of 2008 – 2012. 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, together with 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 the policies relating 

to working with Indian tribes and ensuring 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 status of tribes under environmental statutes that 

OSWER implements programs for tribes is provided in Appendix C. 

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Organization Structure of the 

Office of Solid Waste and Emergency Response

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. 

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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 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 solid waste management 

plans. OSW and EPA regional offices issued the Tribal Integrated Waste Management 

Strategy on September 10, 2007. 

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). 

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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. 

Map of Indian Country within EPA Regions 1 though 105

[Indian Lands spots to be deleted from Region 3] 

 

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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. 
OSWER Program Tribal Funding for Fiscal Years

2006 and 2007

$0.0

$1,000.0

$2,000.0

$3,000.0

$4,000.0

$5,000.0

$6,000.0

$7,000.0

$8,000.0

$9,000.0

$10,000.0

Funding x1000

FY06 $8,200.0 $4,544.4 $938.0 $1,410.9

FY07 $9,216.8 $5,175.0 $918.0 $1,169.5

OBLR OUST OSW OSRTI

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

that OEM, FFRRO and IPCO tribal funding is based on 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 of 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 OSWERsupported tribal research grants with National Tribal Environmental Council and the 

Tribal Association on Solid Waste and Emergency Response, and summaries of EPA 

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

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

OSWER offices: The Office of Underground Storage Tanks and the Office of Solid 

Waste. These existing strategies were developed in consultation with tribes. While these 

strategies are stand-alone documents, OSWER has combined the primary elements of 

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these strategies into this draft OSWER tribal strategy to reflect a complete picture of 

OSWER’s intended 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 draft incorporates edits from the internal EPA review, 

which OSWER believes has significantly improved the scope and clarity of this draft 

strategy. 

As an immediate next step, OSWER is now seeking review of this draft strategy by 

federally-recognized Indian tribes. OSWER has prepared a communication plan for this 

draft strategy, and is providing this draft 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 the updated address list of the American Indian 

Environmental Office. 

IV. EPA Strategic Plan6, the Administrator’s Action Plan, and OSWER 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-

 

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6

 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. 
wide effort to build tribal capacity, assess environmental conditions in Indian country, 

and implement EPA programs in Indian country. EPA’s American Indian Environmental 

Office (AIEO) is responsible for collecting and managing the tribal-related EPA program 

data to support the Goal 5.3 performance measures.7

 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. 

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7

 For more information about AIEO, including its functions and relationship to OSWER, please see 

Appendix A. 
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 (these targets are described in more detail in OSW/Regional 

Tribal Integrated Waste Management (IWM) Strategy): 

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

management plan compared to FY06. [Baseline: 08; 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: 09

; Universe: IHS STARS 

 

8

 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. 

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9

 EPA has established a zero baseline for counting the number of open dumps in Indian country due to the 

dynamic nature of the closing and opening of dumps over time. EPA will establish a relative baseline of 

zero as a starting point from which to target a specific number of cleanups, closures and upgrades. 
Database (with updated EPA data elements in FY08)] (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 2008 OSWER National Program Manager (NPM)’s Guidance.

10 

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 Plan11 and the OSWER Action Plan12. 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-to-government 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. 

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

community resources and expertise. 

These approaches are consistent with EPA’s Indian Policy13 and are critical components 

of the OSWER Tribal Strategy. 

A. Cross-Program Measurement

 

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

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

DRAFT 10

13 To view go to: http://www.epa.gov/tribal/basicinfo/index.htm 
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 crossprogram measures and each program intends to collect and maintain its own program 

information towards these measures. As programs 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 crossprogram 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 emphasis added to put the measures into tribal 

context) are: 

• Universe Indicator 14 -- 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 (for 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 (for 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. 

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

a place-holder 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 

 

DRAFT 11

14 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. 
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. 

 

DRAFT 12
1. OSWER-wide (IPCO)

EPA Strategic Plan – 

Applicable Elements for 

OSWER

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: Obj.4.1 

Protect human health, 

communities, and the 

environment from chemical 

releases through facility riskreduction efforts and 

building community 

preparedness and response 

capabilities. Obj.4.2.3 

Working with state, 

tribaland local partners, 

promote the assessment, 

cleanup and sustainable 

reuse of Brownfields 

properties.

Goal 5 Compliance and 

Environmental 

Stewardship. Obj 5.2 

Improve Environmental 

Performance through 

Pollution Prevention and 

Other Stewardship Practices. 

Obj. 5.3 Improve Human 

Health and the Environment 

in Indian Country 

federally recognized tribes to 

build environmental 

management capacity, assess 

environmental conditions 

and measure results, and 

implement environmental 

programs in Indian country.

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 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 Strategic Plan goals; (4) ensure 

information is shared 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, OSWER managers, EPA regions, and other 

federal representatives on OSWER program policy matters. 

DRAFT 13
The framework would also promote information exchange on OSWER program actions, 

encourage cross-program efficiencies, facilitate capacity building of tribal waste 

programs, and continue to improve and refine tribal program 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 an 

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 

with tribes through the NTOC and other groups, but intends to increase its 

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

Establish and maintain an OSWER Tribal Programs website. In June 2007, OSWER 

developed an OSWER tribal webpage with links to relevant guidance and information for 

tribes, including links to OSWER program websites, contact information, funding 

opportunities, etc. (http://www.epa.gov/oswer/tribal). 

Coordinate outreach planning. 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. 

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

Implementation Tribal Cooperative Agreements (DITCAs) and circuit riders15. DITCAs 

allow tribes to assist EPA as EPA implements a program in Indian country. They are an 

important tool for building tribal capacity and for helping EPA to accomplish program 

implementation. 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 of DITCAs and circuit riders in its programs. The effort would include tribal 

consultation on effective DITCA approaches, analyzing results from DITCA and circuit 

rider activities, evaluating financial options, and working with 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 

 

DRAFT 14

15 The term “circuit riders” refers to Senior Service to America, Inc. (SEE) employees that EPA hires to 

provide technical assistance to tribes directly by traveling into Indian country and meeting with tribes faceto-face. Circuit riders enable EPA to work more closely with tribes on the ground. 
WETG training during Native American Heritage Month each November, as well as 

organize other events to raise cultural awareness (e.g., OSWER Field Trip to the 

American Indian Museum or other sites of interest). 

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 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. 

Explore ways to measure the effectiveness of EPA’s outreach, consultation, and 

communication efforts with Tribes. IPCO intends to build on the work currently being 

done through a contractor to measure the effectiveness of OSWER communication 

activities. 

Increase headquarters’ participation in regional tribal meetings. Attending regional 

meetings with tribes (e.g., 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. 

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, particularly 

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

Indicators to Track: 

• Percentage of OSWER staff that have completed the WETG training. 

• Number of hits on OSWER’s Tribal Programs website and the number of 

inquiries from the website. 

• Number of tribal circuit riders in all OSWER programs. 

• Number of DITCAs involving an OSWER program in EPA. 

DRAFT 15
2. Solid and Hazardous Waste

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 

also included?] 

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. 

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; 

• capacity building to regulate hazardous waste 

handlers; and 

• technical assistance to develop and implement 

self-sustaining integrated waste management 

programs. 

Many tribes are challenged to address 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. 

DRAFT 16
OSW is focusing on the following priority areas to improve waste management and 

disposal practices in Indian country by helping tribes achieve sustainable and protective 

waste management programs: 

• integrated waste program planning

• actions to support closing, cleaning up, or upgrading open dumps in Indian 

country and other tribal lands. 

OSW and EPA’s regional offices with solid and hazardous waste responsibilities 

developed an 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. The strategy is available at http://www.epa.gov/tribalmsw. The 

OSW/Regional Tribal IWM Strategy 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 intends to 

work 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 

programs16 and federal agencies17, 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 

 

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

Pesticides and Toxic Substances (OPPTS). 

DRAFT 17

17 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). 
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 representatives from EPA, the Bureau of Indian Affairs (BIA); the Indian 

Health Service (IHS); the U.S. Department of Agriculture, Rural Utilities Service (RUS); 

and the U.S. Department of Defense (DoD). 

OSWER convened a senior management-level meeting with BIA, IHS, RUS, DoD, and 

HUD 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 inter-agency efforts on sanitation infrastructure. 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 (Open Dump Cleanup 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 (wSTARS), specifically the Operation and 

Maintenance Data System (OMDS) database. IHS and EPA intend to collaborate in 

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 intends to identify existing solid 

waste training venues and evaluate options for supporting (i.e., financial, technical 

support) and/or developing tribal training on integrated waste management planning and 

open dump cleanup. Training options that EPA intends to analyze include partnering 

with other federal agencies, external tribal associations, or EPA offices, and supporting 

training courses already being provided through the regions. 

Create a toolbox to encourage development of tribal integrated waste management plans. 

Regions and other solid waste organizations are developing model plans using core 

DRAFT 18
components identified by EPA and tribes. EPA intends to make these model plans 

available (e.g., on the OSW Waste Management in Indian Country Web Site 

(http://www.epa.gov/tribalmsw/ ) and at OSW-supported trainings), as part of a toolbox 

of information, to assist tribes as they are developing integrated waste management plans. 

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 have 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. 

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 

FY 08 OSWER National Program Manager’s Guidance National 

Targets 

(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 

DRAFT 19
3. Superfund 

DRAFT 20

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.18 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 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 

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. 

 

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

Environmental Science and Planning Services, TASWER, 2004. 
effective implementation and collaboration on actions that are beneficial to public health 

and the environment in Indian country. 

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, gaining a better understanding of 

Superfund issues in Indian country, and facilitating 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 have been 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. 

DRAFT 21
Continue to share information among regions about ways to improve the effectiveness of 

EPA’s tribal efforts. Some 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 monthly conference call that gives regional and headquarters staff an 

opportunity to discuss tribal Superfund issues. 

Indicators to Track: 

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

cooperative agreements used.19 

DRAFT 22

 

19 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). 
4. Brownfields

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, 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 federally 

recognized tribes to build 

environmental management 

capacity, assess 

environmental conditions 

and measure results, and 

implement environmental 

programs in Indian country. 

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, 

and job training, and research, training and technical assistance, subject to the 

availability of funds. 

DRAFT 23
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 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 cleanup 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 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 regions intend to continue outreach to tribes on the AAI rule, and consider 

DRAFT 24
working with federal partners, such as the Department of Interior, 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 

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. 

DRAFT 25
5. Underground Storage Tanks (USTs)

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. 

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 cleanup 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 

DRAFT 26
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 improved. Currently, compliance rates in Indian country are slightly lower 

than the national average (In 2006, 59% of active tanks in Indian country met all 

requirements, compared to 62% 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 use of DITCAs. 

EPA plans to continue to work with tribes toward achieving the objectives laid out in the 

UST Tribal Strategy. 

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

compliance. EPA has worked with tribes to conduct on-site 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, as appropriate, tribes), intends to continue to conduct on-site 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 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. Each year, EPA allocates part of its LUST Trust Fund 

appropriation for tribes to assess and cleanup 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 

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. 

DRAFT 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% 69% 70% 71% 

FY 08 OSWER National Program Manager’s Guidance National Target 

Goal 3.2.2 Reduce the number of LUST cleanups in 

Indian country that exceed risk-based 

standards for human exposure and 

groundwater migration in Indian country. 

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 for UST compliance and 

enforcement. 

DRAFT 28
6. Emergency Management

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 risk-reduction 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. 

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 through prevention and preparedness. 

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 spill prevention, 

control, and countermeasure (SPCC), facility response 

plan (FRP), or risk management plans (RMPs). 

Increase tribal awareness of emergency planning and 

prevention. 

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 

DRAFT 29
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/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-are Planning 

Committees under 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. 

Update 2002 fact sheet, “Chemical Emergency Preparedness and Prevention in Indian 

Country.” 

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 

DRAFT 30
Management System (NIMS) compliance, methamphetamine labs, and federal inspector 

credentials. EPA also intends to 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. EPA can enhance its ability to 

communicate with tribes by improving coordination with other federal agencies that work 

with tribes on emergency management. 

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 drills in Indian country 

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

country, where EPA is the lead. 

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

management-related purposes. 

DRAFT 31
7. Federal Facilities Restoration and Reuse

Desired Environmental Outcomes (Long-term 

Goal): 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. 

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 National 

Priorities List (NPL), to ensure protection of human 

health, effective program implementation, governmentto-government consultation, and meaningful public 

involvement. FFRRO works with other federal 

agencies, including the Department of Defense (DoD), 

the Department of Energy (DOE), The Department of 

the Interior, 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.h

tml

• 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 cleanup 

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. 

DRAFT 32
DRAFT 33

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, Department of Interior (DOI), Federal Land 

Mangers, 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 site-specific 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 decisionmaking 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
34

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 

3.1.2 OSW Number of tribes covered by an integrated waste 

management plan. 

118 26 

9

3.1.2 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 

9

3.2.2 OUST Number of LUST cleanups that meet risk-based 

standards for human exposure and groundwater migration in Indian country. 

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 

Goal20 Office Measure 

Tribal Capacity Building Activity 

Goal 3 & 4 

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

Goal 3 & 4 

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

Goal 3 & 4 

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

20 These priorities are conveyed in EPA Administrator Stephen L. Johnson’s Action Plan (http://www.epa.gov/adminweb/administrator

Assistant Administrator Susan Parker Bodine’s Action Plan (http://www.epa.gov/oswer/actionplan/index.htm) and Goal 3 and 4 of EPA

(http://www.epa.gov/ocfopage/plan/plan.htm). 
35

Other Tribal-Specific Indicators to Track 

Goal/Obj21 Office Indicator 

Tribal Capacity Building Activity 

Goal 3 

and 4 

IPCO Percentage of OSWER staff that have completed the Working Effectively with Tribal 

Governments training. 

Goal 3 

and 4 

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

website. 

Goal 3 

and 4 

OSWERwide Number of tribal circuit riders in all OSWER program. 9

Goal 3 

and 4 

OSWERwide 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

3.1 OUST Total number of tribal staff trained on development and implementation of an UST program. 

9

3.1 OUST Number of federal inspector credentials issued to tribes for UST compliance and enforcement. 

9

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)) in Indian country. 

3.2 OEM Number of SPCC/Facility Response Plan (FRP) inspections 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 or have 

established a mutual aid agreement. 9

3.2 OEM Number of drills and spill responses occurring in Indian country. 

3.2 and 

4.1 

OEM Number of trainings offered and the number of tribal staff trained for emergency managementrelated 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

21 These indicators support priorities conveyed in specified sections of Goal 3 and 4 of EPA’s Strategic Plan (http://www.epa.gov/ocfop
DRAFT 36

Appendix A: Summary of EPA and OSWER National Indian Program 

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 EPA’s American Indian Environmental Office (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 EPA's 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, 

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 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-
DRAFT 37

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 governmentto-government relationship to carry out the Agency's responsibilities. 

Tribes and Regions have also established Regional Tribal 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 the National Tribal Operations 

Committee (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-to-government 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 multi-media 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/. 
DRAFT 38

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 
DRAFT 39

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) 
DRAFT 40

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) 
DRAFT 41

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) 
DRAFT 42

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. 
DRAFT 43

Oil Spill Program Overview 
DRAFT 44

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 
DRAFT 45

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 Region 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 9 to 17,000 members, and 7 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 Paso-Ciudad Juarez- Sun 

Land Park Sister City Plan was signed in June of 2007. 
DRAFT 46

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, the U.S. EPA is dedicated to revitalizing all types of contaminated 

land to productive economic and green space use, and states and tribes play a significant role in 

cleaning up brownfields. OSWER’s 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
DRAFT 47

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. 

Emergency Planning and Community Right-to-Know Act of 1986 

(Expanded on under the Pollution Prevention Act of 1990)22

Statutory Overview 

The Emergency Planning and Community Right-to-Know Act (EPCRA) serves to inform communities and 

citizens of chemical hazards in their areas. 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. EPCRA also serves to encourage and 

support planning for responding to environmental emergencies. 

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. 

 

22 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. 

DRAFT 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. 

DRAFT 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

DRAFT 50