## THE ADMINISTRATOR 

## OFTHE ENVIRONMENTAL PROTECTION 

# AGENCY WASHINGTON 

# DC 20460



## DEC 

# 1 2014 

# MEMORANDUM SUBJECT Commemorating the 30th 

### Anniversary ofthe 

## EPA's Indian Policy 

# FROM Gina McCarthy 

# TO

I 

## amproud to recognize the

# US Environmental Protection 

### Agency's 301h anniversary 

### of its Indian 

### policy and I 

### want to thank 

### everyone 

## who has 

### worked diligently to establish 

### and sustain the agency's Indian 

### program As

## we mark this

### milestone I also

### want to 

### convey gratitude to ourtribal

### government partners for all their 

### timeexpertise 

### and effort in building this important partnership 

### with the

# EPA On November 

# 8 1984 the

## EPA issued its Policy forthe Administration 

### ofEnvironmental Programson Indian 

### Reservations In doing 

## so the

## EPAbecame the first federal 

### agency to adopt 

### aformal Indian policy to 

### guide its relations with tribal 

### governments in the administration 

### of its 

### programs The 1984 Indian Policy represented 

### and continues to represent a bold statement 

### on the 

## EPA's commitment to our partnership with federally recognized Indian tribes 

### and to tribal self

### governance in 

### implementing environmental protection 

### programs The underlying principles 

### ofthe 

### 1984 Indian policy continue to guide our unique relationship 

### with and the federal trust responsibility 

### to federally recognized Indian tribes as expressed in treaties statutes executive orders 

### and court decisions 

### The agency remains fully 

### committed to 

### engaging tribes as sovereign 

### governments with a right to 

### selfgovernance which is a 

### commitment the

## EPAmade and has kept since ouragency's 

### founding
Tribal Treaty Rights 

### Under the

# US Constitution treaties 

### have the 

## same legal force as federal statutes 

## And the United States 

### government

## togovernment relationship

### with and trust responsibility to federally recognized Indian tribes reinforces the importance 

### ofhonoring these treaty rights

## As such the 

## EPA has 

### an obligation to 

### honor and respect tribal rights

### and resources protected 

### by treaties 

### While treaties 

### do not 

### expand the 

# EPAs authority the 

## EPA must ensure its actions 

### do not conflict 

### with tribal treaty rights In 

### addition 

## EPA programs should 

### be implemented to 

### enhance protection 

### oftribal treaty rights 

### and treaty

### covered resources 

## when we have discretion to 

### do

## so To help 

### guide the agency's decisions 

## when treaty rights should 

### be considered the Office 

### ofGeneral 

### Counsel and the 

### American Indian 

### Environmental Office will 

### develop an analytical 

### framework with input 

### and consultation 

### from other 

## EPA offices 

### and tribal 

### governments

This paper is printed with vegetable oil based inks and is 100 percent postconsumer recycled material chlorinefreeprocessed and recyclableIntergovernmental 

### Cooperation 

## Good governance demands that the

## EPA increase our efforts to

## work in concert 

### with other federal 

### agencies tribes states 

### and local 

### governments to protect 

## human health 

### and the 

### environment 

## Coming together to set priorities 

### and define 

### mutual roles 

### and responsibilities regarding the administration 

### of environmental protection 

### programs will build stronger 

### more efficient 

### and effective partnerships 

## The 

## EPA remains 

### committed to continue building 

### on the following notable Indian 

### program efforts

• 

### engaging tribal elected officials 

### on key environmental 

### and publichealth issues through 

### an annual tribal leaders listening 

### session

• coordinating with the 

### Environmental Council 

### ofthe States to include tribal 

### governments in 

### key discussions as

## coregulators

• using the Council for the 

### Commission for 

### Environmental Cooperation to ensure that the

# U

# S Canada and Mexico continue to

## work with indigenous 

### communities across 

### North America and recognize the 

### importance ofthe traditional ecological 

### knowledge and practices 

### ofindigenous 

### communities and

• 

### working with the 

### Department ofthe Interior to build tribal resiliency regarding the impacts 

### of climate

### change The 

## EPA this year also celebrates the 20th anniversary 

### ofthe Indian 

### Environmental General Assistance 

## Program Through this 

### program the 

## EPA has provided 

### more than 1 billion in direct funding to federally recognized tribes

### and intertribal consortia to build strong sustainable tribal 

# environmentalprotection program capacity 

### Thank you all 

### once more for

### your hard 

### work and your

## commitment I look forward to 

### working with 

### you to achieve 

## much more in the 

### monthsahead