THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON DC 20460

DEC 1 2014

MEMORANDUM

SUBJECT Commemorating the 30th Anniversary of the EPA's Indian Policy

FROM Gina McCarthy

TO

I am proud 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 our tribal government

partners for all their time expertise and effort in building this important partnership with the EPA

On November 8 1984 the EPA issued its Policy for the Administration ofEnvironmental Programs on

Indian Reservations In doing so the EPA became the first federal agency to adopt a formal 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 selfgovernance in implementing

environmental protection programs

The underlying principles of the 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 EPA made and has

kept since our agency'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 of honoring 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

EPA s authority the 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 To help guide the agency's decisions when treaty rights

should be considered the Office of General 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 chlorine free processed and recyclable

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Intergovernmental 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 public health issues through an annual

tribal leaders listening session

• coordinating with the Environmental Council of the States to include tribal governments in key

discussions as coregulators

• using the Council for the Commission for Environmental Cooperation to ensure that the US

Canada and Mexico continue to work with indigenous communities across North America and

recognize the importance ofthe traditional ecological knowledge and practices of indigenous

communities and

• working with the Department of the 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 months ahead

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