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November 8, 1984
Introduction :
The President published a Federal Indian Policy on January 24,
1983, supporting the primary role of Tribal Governments in matters
affecting
American Indian reservations. That policy stressed two related
themes: (l) that the Federal Government will pursue the principle
of Indian"self-government"
and (2) that it will work directly with Tribal Governments on a
"government-to-government" basis.
The Environmental Protection
Agency (EPA) has previously issued general statements of policy
which recognize the importance of
Tribal
Governments in regulatory activities that impact reservation environments.
It is the purpose of this statement to consolidate and expand on
existing EPA Indian Policy statements in a manner consistent with
the overall Federal position in support of Tribal "self-government"
and "government-to-governments" relations between federal and Tribal
Governments. This statement sets forth the principles that will
guide the Agency in dealing with Tribal Governments and in responding
to the problems of environmental management on American Indian
reservations
in order to protect human health and the environment. The Policy
is intended to provide guidance for EPA program managers in the
conduct of the Agency's congressionally mandated responsibilities.
As such, it applies to EPA only and does not articulate policy
for
other Agencies in the conduct of their respective responsibilities.
It is important to emphasize that the implementation of regulatory
programs which will realize these principles on Indian Reservations
cannot be accomplished immediately. Effective implementation
will take careful and conscientious work by EPA, the Tribes and
many
others. In many cases, it will require changes in applicable
statutory authorities and regulations. It will be necessary to proceed
in
a carefully phased way, to learn from successes and failures,
and to gain experience. Nonetheless, by beginning work on the priority
problems that exist now and continuing in the direction established
under these principles, over time we can significantly enhance
environmental
quality on reservation lands.
Policy:
In carrying out our responsibilities on Indian reservations,
the fundamental objective of the Environmental Protection
Agency is
to protect human health and the environment. The keynote
of this effort will be to give special consideration to Tribal
interests
in making Agency policy, and to insure the close involvement
of Tribal Governments in making decisions and managing environmental
programs affecting reservation lands. To meet this objective,
the
Agency will pursue the following principles:
1.THE AGENCY STANDS READY TO WORK DIRECTLY WITH INDIAN TRIBAL
GOVERNMENTS ON A ONE-TOONE BASIS (THE "GOVERNMENT - TO - GOVERNMENT"
RELATIONSHIP), RATHER THAN AS SUBDIVISIONS OF OTHER GOVERNMENTS.
EPA recognizes Tribal Governments as sovereign entities with
primary authority and responsibility for the reservation
populace. Accordingly,
EPA will work directly with Tribal Governments as the
independent authority for reservation affairs, and not as
political subdivisions
of States or other governmental units.
2.THE AGENCY WILL RECOGNIZE TRIBAL GOVERNMENTS AS THE PRIMARY
PARTIES FOR SETTING STANDARDS, MAKING ENVIRONMENTAL POLICY
DECISIONS
AND MANAGING PROGRAMS FOR RESERVATIONS, CONSISTENT WITH
AGENCY STANDARDS AND REGULATIONS.
In
keeping with the principle of Indian self-government, the Agency
will view Tribal Governments as the appropriate
non-federal parties
for making decisions and carrying out program responsibilities
affecting
Indian reservations, their environments, and the
health and welfare of the reservation populace. Just as EPA's
deliberations
and
activities have traditionally involved the interests
and/or
participation of
State Governments, EPA will look directly to Tribal
Governments to play this lead role for matters affecting
reservation environments .
3.THE AGENCY WILL TAKE AFFIRMATIVE STEPS TO ENCOURAGE AND ASSIST
TRIBES IN ASSUMING REGULATORY AND PROGRAM MANAGEMENT RESPONSIBILITIES
FOR RESERVATION LANDS.
The
Agency will assist interested Tribal Governments in developing programs
and in preparing to assume regulatory
and program management responsibilities for reservation lands.
Within the constraints
of
EPA's authority and resources, this aid will
include
providing grants and other assistance to Tribes, similar
to what
we
provide State
Governments. The Agency will encourage Tribes
to assume delegable responsibilities, (i.e. responsibilities
which the Agency
has traditionally delegated to State Governments
for
non-reservation lands) under
terms similar to those governing delegations
to States.
Until Tribal Governments are willing and able
to assume full responsibility for delegable
programs, the
Agency will
retain
responsibility for
managing programs for reservations (unless
the State has an expressed grant of jurisdiction
from Congress sufficient to support delegation
to the State Government). Where EPA retains
such responsibility, the Agency will encourage the
Tribe to
participate in
policy-making
and to assume appropriate lesser or partial
roles in the management of reservation programs.
4.THE AGENCY WILL TAKE APPROPRIATE STEPS TO REMOVE EXISTING
LEGAL AND PROCEDURAL IMPEDIMENTS TO WORKING
DIRECTLY AND EFFECTIVELY WITH TRIBAL GOVERNMENTS ON RESERVATION
PROGRAMS.
A
number of serious constraints and uncertainties in the language
of our statutes and regulations have limited
our ability to work directly and effectively with Tribal
Governments on reservation problems. As impediments in our
procedures, regulations
or
statutes
are identified which limit our ability
to work
e
effectively with Tribes consistent with this Policy,
we will seek to remove those
impediments.
5.THE AGENCY, IN KEEPING WITH THE FEDERAL TRUST RESPONSIBILITY,
WILL ASSURE THAT TRIBAL CONCERNS AND INTERESTS ARE CONSIDERED
WHENEVER
EPA'S ACTIONS AND/OR DECISIONS MAY
AFFECT RESERVATION ENVIRONMENTS.
EPA recognizes that a trust
responsibility derives from the historical relationship
between the
Federal Government and Indian
Tribes
as expressed in certain treaties
and Federal Indian Law. In keeping with that trust
responsibility,
the
Agency
will endeavor
to protect
the environmental interests of Indian
Tribes when carrying out its
responsibilities that may affect
the reservations.
6.THE AGENCY WILL ENCOURAGE COOPERATION BETWEEN TRIBAL, STATE
AND LOCAL GOVERNMENTS TO RESOLVE ENVIRONMENTAL PROBLEMS OF
MUTUAL
CONCERN.
Sound
environmental planning and management require the cooperation and mutual consideration
of neighboring
governments, whether those governments be neighboring
States, Tribes, or local units of government.
Accordingly, EPA will encourage
early communication and cooperation
among Tribes, States and local
Governments. This is not intended to lend Federal support to
any one
party to the jeopardy
of the interests of the other. Rather,
it recognizes that in the
field
of environmental regulation,
problems are often shared and the principle
of comity between equals and
neighbors often serves the best interests of both.
7.THE AGENCY WILL WORK WITH OTHER FEDERAL AGENCIES WHICH HAVE
RELATED RESPONSIBILITIES ON INDIAN
RESERVATION TO ENLIST THEIR INTEREST AND SUPPORT IN COOPERATIVE
EFFORTS TO HELP TRIBES ASSUME ENVIRONMENTAL
PROGRAM RESPONSIBILITIES FOR RESERVATIONS.
EPA
will seek and promote cooperation between Federal agencies to protect human
health and
the environment on reservations. We will
work with other agencies
to clearly identify and delineate the roles, responsibilities
and relationships
of our respective
organizations
and to assist Tribes in developing
and
managing environmental programs for reservation
lands.
8.THE AGENCY WILL STRIVE TO ASSURE COMPLIANCE WITH ENVIRONMENTAL
STATUTES AND REGULATIONS ON INDIAN RESERVATIONS.
In
those cases where facilities owned or managed by Tribal
Governments are not in compliance with
federal environmental statutes, EPA will
work cooperatively with
Tribal leadership to develop means to achieve compliance,
providing technical support and consultation as necessary
to enable Tribal facilities
to comply.
Because of the distinct
status
of Indian Tribes and
the
complex legal issues involved, direct EPA action through
the judicial or administrative
process will
be considered
where the Agency determines,
in its judgment, that:
(l) a
significant threat to human
health or the environment
exists, (2) such action
would reasonably be expected
to achieve effective results in a timely
manner, and (3) the Federal
Government
cannot utilize other alternatives to correct
the problem in a timely
fashion.
In those cases where reservation
facilities are clearly owned
or managed by private
parties and there
is
no substantial Tribal interest
or control involved,
the Agency will endeavor to act
in cooperation with the
affected
Tribal Government, but will otherwise
respond to noncompliance by private
parties
on Indian
reservations
as the Agency would
to noncompliance by the private sector
elsewhere in
the country. When
the Tribe has
a substantial proprietary interest
in, or control over,
the privately owned or managed
facility, EPA
will
respond as described in the first
paragraph above.
9.THE AGENCY WILL INCORPORATE THESE INDIAN POLICY GOALS INTO
ITS PLANNING AND MANAGEMENT ACTIVITIES, INCLUDING ITS BUDGET,
OPERATING
GUIDANCE, LEGISLATIVE
INITIATIVES, MANAGEMENT ACCOUNTABILITY SYSTEM AND ONGOING POLICY
AND REGULATION DEVELOPMENT PROCESSES.
It
is a central purpose of this effort to ensure that the principles
of this Policy
are effectively institutionalized by incorporating them into
the Agency's
ongoing and long-term planning and management processes.
Agency managers
will
include specific
programmatic
actions designed
to resolve
problems on Indian reservations
in
the Agency's
existing fiscal
year and long-term planning and management processes.
William D. Ruckelshaus
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