An additional obligation is that such consultation and participation by Indian tribes should be knowing and informed. These obligations form the basis for building tribal capacity. The Committee further recommends that, consistent with the federal-Indian tribe trust relationship, the identification of relevant, federally recognized Indian tribes should be made using broad criteria. The communication and consultative role of the states exists with both federal facilities and local communities. Historically, states have been involved with, or assisted in, many aspects of the very complex development of cleanup standards, corrective action, and approval of cleanup decisions.
States are also instrumental in establishment of advisory boards and their operation.
As protectors of human health and the environment, states provide guidance and assistance to the federal agencies responsible for conducting cleanup and assurance to local communities that sites have been safely cleaned up. In many instances consultation with states has resulted in significant financial savings in federal cleanups while still being protective of public health. While there has been litigation between states and the federal government in the past, many issues have been resolved through open communication and consultation. Even under enforcement situations the consultative nature of the state role is still important. However, in fiscally conscious times, it cannot be assumed that states will be able to continue to participate in this process unless they are adequately funded.