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## l4l 

## PROO 

### UNITED 

## STATES ENVIRONMENTAL PROTECTION 

## AGENCY WASHINGTON 

# D

# C 20460



## IOV

# 2 82lIA 

# r 

# MEMORANDUM
SUBJECT Administrators 

## Upcoming TribalTreaty Rights 

## Announcement 

# FROM Jane 

### Nishida



# TO Principal 

### Deputy Assistant Administrator 

# r

Office 

### ofInternational 

### and Tribal Affairs 

# e AviSGarbow General 

### Counsel 

# c

Assistant Administrators 

### Regional Administrators 

### Dear Colleagues The Administrator will 

### be issuing a 

## memorandum that celebrates the 30th Anniversary 

### ofour 

### 1984 Indian Policy 

### which will also provide 

### a clear policy statement regarding the role 

### oftribal treaty rights in the context 

### of

## EPA's activities 

### The Administrator's 

## memorandumwill 

### acknowledge that 

### under the Constitution treaties 

### have the 

### same legal force as federal statutes It will further

### acknowledge the 

### United States 

### unique government

## togovernment relationship 

# th and trust responsibility 

### toward federally recognized Indian tribes

## As such 

## EPA has 

### an obligation to 

### honor and respect tribal rights 

### and resources protected 

## bytreaties

# And while treaties 

### do not 

### expand 

## EPA's authority 

## EPA must ensure its actions 

### do not conflict with tribal treaty rights In addition 

## EPA programs should 

### be implemented to 

### enhance protection 

### of tribal treaty rights 

### and treaty

### covered resources 

## when 

## we have discretion to 

### do 

## so 

## Many treaties reserve specific rights that relate to the 

### environment by addressing a tribe's right to maintain their traditional 

## ways oflife including rights to 

### hunt fish 

### and gather Significantly treaty rights exist 

### both on reservations 

### and offthe reservations in areas often called ceded territories or usual 

### and accustomed places for 

### hunting fishing 

### and gathering 

### Becausetreaty rights intersect 

### with 

## EPA's mission to protect 

## human health 

### and the 

### environment 

## many tribes 

### have 

## come to 

## EPA asking us to take specific actions to protect 

### and preserve theirtreaty rights 

## Many ofyou have been directly involved in requests to consider tribal treaty protections in

### your decisions 

## when they relate to tribes rights to 

### hunt fish 

### and gather

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### wwwepagov Recycled Recyclable • Printed with Vegetable Oil Based Inks on 

### 100 Postconsumer Process Chlorine Free Recycled Paper

### C J 

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## To help 

### with our assessment

### oftreaty rights in particular contexts 

## we will 

## work together to develop a basic analytical 

### framework to evaluate 

## when our 

### proposed actions 

## may affect treaty rights After the 

### Administrator

## memorandum is issued there will 

### be an 

## Agency wide effort led 

### by the Office 

### ofGeneral Counsel and the 

### American Indian 

### Environmental Office to 

### develop this analytical 

### framework forassessing applicable treaty rights as they relate to our 

## work 

# We expect this draft 

### framework will 

### be ready for senior 

### management review in early

## 2015 and then the 

## Agency will seek input 

### from and consultation 

### with tribal 

### governments 

## The goal is to 

### have a final analytical 

### framework in place before the 

### end of

## 2015 Until the 

### framework is in

### place 

## OIT

# A and 

# OGC staffwill 

### be available to assist

### you

## when particular issues present 

### themselves Through this policy 

### statement the 

## Agency will 

### be recognizing the legally binding aspects 

### of treaties that 

## we have an obligation to consider 

### today and acknowledging that

## we also 

### have opportunities to exercise our discretionary authority to 

### enhance the protection 

### of treaty rights 

# We look 

### forward to 

### working together 

### with you and will 

### be convening 

# aconference call to 

### answer any questions 

### you

## may have on this policy statement In the 

## meanwhile if 

### you have any immediatequestions please feel free to contact either 

### ofus directly



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