EPA Policy on Environmental Justice for Working with Federally Recognized Tribes and Indigenous Peoples. Tribal Lands and Environment Forum

Similar documents
CALIFORNIA GOVERNOR S OFFICE OF EMERGENCY SERVICES ADMINISTRATIVE MANUAL

NCAI Webinar: Planning for President s Meeting with Tribal Leaders and E.O Consultation and Coordination with Indian Tribal Governments

Working with Tribes during Superfund Responses Anne Dailey, OLEM/OSRTI Christine Poore, OLEM/OSRTI Mary Cooke, OLEM/FFRRO

Region 10 Operations Guidance REGION 10 RTOC/RTOC CONSORTIUM OPERATIONS GUIDANCE. Updated 9/5/2016

S To amend title 18, United States Code, to enhance protections of Native American cultural objects, and for other purposes.

Tribal Relations Strategic Plan. Fiscal Years

AB 52: A CEQA Guidelines Update for Tribal Cultural Resources

July 30, 2010 MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES, AND INDEPENDENT REGULATORY AGENCIES

American Indian & Alaska Native. Tribal Government Policy

SESSION #4: Program Administration, Partnerships, Laws and Enforcement

Native American Graves Protection and. Repatriation Act

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMILIES. Tribal Consultation Policy

Western Regional Partnership (WRP) Charter

DEPARTMENT OF TRANSPORTATION X. AGENCY: Office of the Secretary (OST), U.S. Department of Transportation (DOT).

Department of Veterans Affairs VA Directive 8603 CONSULTATION AND VISITATION WITH AMERICAN INDIAN AND ALASKAN NATIVES

TRIBAL COUNCIL OF THE NORTHERN CHEYENNE TRIBE NORTHERN CHEYENNE INDIAN RESERVATION LAME DEER, MONTANA ORDINANCE NO. D (2014)

Consulting and Coordinating with Tribes for Superfund Sites

NATIVE AMERICAN REQUIREMENTS UNDER

Appendix A. Environmental Justice Analysis

DEPARTMENTAL REGULATION

Local Governments and the Future of Waste Management and Disposal

The New Mexico Tribal-State Judicial Consortium & The Cross-Court Cultural Exchange

APPENDIX A Summaries of Law and Regulations

December 22, 2016 GENERAL MEMORANDUM HUD Establishes Tribal Intergovernmental Advisory Committee; Seeks Nominations

Handbook for Consultation With Federally-Recognized Indian Tribes

Native American Graves Protection and Repatriation Act

Program Overview Grants to Tribal Domestic Violence and Sexual Assault Coalitions Program

NATIONAL CONGRESS OF AMERICAN INDIANS

Presented by Marsha Harlan, Esq, Kara Whitworth, Director of Cherokee Nation Child Support Services TRIBAL IV-D 101- FOR STATES

Tribal Law and Order Act (TLOA): Long Term Plan to Build and Enhance Tribal Justice Systems

Working Effectively with Indian Tribes: Communication, Collaboration, Coordination, and Consultation, 2017

New Mexico Department of Health State-Tribal Consultation, Collaboration and Communication Policy

Engaging Tribal Leadership in the Design and Implementation of National Research with Tribal Communities

NATIONAL AMERICAN INDIAN COURT JUDGES ASSOCIATION

CENTRAL OREGON AREA COMMISSION ON TRANSPORTATION (COACT) OPERATING GUIDELINES Adopted March 17, 1999 Revised January 12, 2012 Adopted April 20, 2016

NATIONAL CONGRESS OF AMERICAN INDIANS TRIBAL NATIONS LEGISLATIVE SUMMIT 114 TH CONGRESS EXECUTIVE COUNCIL February 22-25, 2016 Capital Hilton

3.2 Assignments and Assumptions of Responsibilities to Comply with Federal Environmental laws Other Than NEPA

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C

H 7063 S T A T E O F R H O D E I S L A N D

PROVIDING FOR THE PROTECTION OF NATIVE AMERICAN GRAVES AND THE REPATRIATION OF NATIVE AMERICAN REMAINS AND CULTURAL PATRIMONY

Constitution PREAMBLE

Addressing the Needs of Tribal Foster Youth

The Federal Trust Doctrine. What does it mean for DoD?

Final WHBE Tribal Consultation Policy

Readers Guidance: This chapter includes updates to the subject from that reported in the Draft EIR/EIS in April 2004.

Questionnaire to Indigenous Peoples Organizations

JOB DESCRIPTION AMNESTY INTERNATIONAL INTERNATIONAL SECRETARIAT (AIIS)

LEGISLATIVE AND REGULATORY UPDATE MARCH 2006 DECEMBER Bryan T. Newland Michigan State University College of Law Class of 2007

Tribal Law and Order Act Indian Alcohol and Substance Abuse Memorandum of Agreement Federal Register Publication

TLOA Tribal Justice Plan: Overview & Update on Implementation

SECTION 611 (42 U.S.C. 3057b) PART A--INDIAN PROGRAMFINDINGS

CAL/EPA POLICY MEMORANDUM NUMBER:

IV. RECOMMENDATIONS. A. General Themes

SANTA CRUZ METROPOLITAN TRANSIT DISTRICT ADMINISTRATIVE CODE TITLE VI TITLE VI PROGRAM REGULATION AND COMPLAINT PROCEDURE CHAPTER 1

Report to Congress On Contract Support Cost Funding in Indian Self-Determination Contracts and Compacts. In Response to: House Report No.

Washington State Compliance Assurance Agreement for Air Programs

ENVIRONMENTAL PROTECTION AGENCY. 40 CFR Part 52. [EPA-R05-OAR ; FRL Region 5] Air Plan Approval; Illinois; Volatile Organic Compounds

(Pub. L , title I, 104, Oct. 30, 1990, 104 Stat )

TRIBAL/INTERIOR BUDGET COUNCIL PROTOCOL

Determination of Full Program Adequacy of Washington s Municipal Solid Waste Landfill

Case 1:12-cv BAH Document 105 Filed 12/22/14 Page 1 of 27

CHAPTER 6 PUBLIC INVOLVEMENT

STRENGTHENING TRIBAL SELF-DETERMINATION ENVIRONMENTAL PROTECTION PROGRAMS: THE CONTINUING RELEVANCE OF EPA S 1984 INDIAN POLICY AND 1992 GAP STATUTE

National Human Rights Institutions and Indigenous Peoples

Executive Order and the Future of Environmental Justice. My intent to intern at the Department of Justice this Summer was not just motivated by

RESOLUTION OF THE JUDICIAL CONFERENCE OFTHE NAVAJO NATION. Adopting Articles of Organization for the Judicial Conference of the Navajo Nation.

Indigenous space, citizenry, and the cultural politics of transboundary water governance

Federal Communications Commission

H. R. ll. To facilitate and streamline the Bureau of Reclamation process for creating or expanding surface water storage under Reclamation law.

COQUILLE INDIAN TRIBAL CODE

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C

Governing Body Side by Side Federal Regulations Comparisons

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 24 CFR 5, 1000, 1003, 1005, 1006 and [Docket No. FR 5861-F-03] RIN 2506-AC40

THE PERMANENT MISSION OF THE UNITED STATES OF AMERICA TO THE UNITED NATIONS AND OTHER INTERNATIONAL ORGANIZATIONS IN GENEVA.

MEMORANDUM OF UNDERSTANDING. among the. DEPARTMENT OF AGRICULTURE Forest Service. DEPARTMENT OF THE ARMY Army Corps of Engineers

Stakeholder Engagement in Tribal Research Initiatives Introduction

Engaging Overburdened Communities in Permitting Actions: US Environmental Protection Agency s Promising Practices to Promote Environmental Justice

FederalR eg ister Environm entald o cu m en ts

Admiralty Inlet Pilot Tidal Project FERC No Appendix H. Adaptive Management Framework

REPATRIATION POLICY February 2014

THE NATIONAL MUSEUM OF THE AMERICAN INDIAN


[Docket No. FWS R7 SM ; FXFR FF07J00000; Subsistence Management Regulations for Public Lands in Alaska and

Tribal Consultation VAWA 2013, Section 903. November 18, noon EST

Drawbridge Operation Regulation; Sabine River, near Ruliff, drawbridge operation regulation for the Kansas City

Farmworkers in Michigan

Policy and Procedures on Curation and Repatriation of Human Remains and Cultural Items

3-14 ABOUT THE... NATIONAL NAGPRA PROGRAM

2010 Tribal Law and Order Act

CHAMORRO TRIBE I Chamorro Na Taotaogui IMPORTANT INFORMATION FOR NATIVE CHAMORROS

REPORT TO THE BOARD OF GOVERNORS

The American Indian and Alaska Native Urban Population

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION

N A T I O N A L C O N G R E S S O F A M E R I C A N I N D I A N S

Independent Scientific Advisory Board

International Human Rights 22 June 2017

Consulting with Indian Tribes in the Section 106 Review Process (from Advisory Council on Historic Preservation website)

STOP Grants IMPLEMENTATION PLAN TOOL

REVISED RESOLUTIONS PROCESS FOR FIRST NATIONS SUMMIT MEETINGS AS OF SEPTEMBER 2010

36.70A.700 Purpose Intent 2011 c 360.

Transcription:

EPA Policy on Environmental Justice for Working with Federally Recognized Tribes and Indigenous Peoples Tribal Lands and Environment Forum Daniel Gogal, EPA, Office of Environmental Justice Dona Harris, EPA, American Indian Environmental Office August 19, 2015

Policy Issued: July 24, 2014, by Administrator Gina McCarthy Purpose: To clarify and integrate environmental justice principles in a consistent manner in the Agency s work with federally recognized tribes and indigenous peoples. Scope: Federally recognized tribes, state recognized tribes, tribal members, indigenous community organizations, Native Hawaiians, individual Native Americans, and others living in Indian country. 2

Policy Focuses on Four Areas 1. EPA s integration of EJ in the direct implementation of federal environmental programs in Indian country, and throughout the United States. 2. EPA s work with federally recognized tribes/tribal governments on EJ. 3. EPA s work with indigenous peoples (state recognized tribes, tribal members, indigenous community-based organizations, etc.) on EJ. 4. EPA s coordination and collaboration with federal agencies and others on EJ issues of tribes, indigenous peoples, and others living in Indian country. 3

Policy Content Seventeen (17) Principles - Spread Across the Four Focus Areas - Direct Implementation (7) - Engaging Federally Recognized Tribes (3) - Engaging Indigenous Peoples (4) - Intergovernmental Coordination (3) Two Policy components to highlight: - importance of the articles in the UN Declaration on the Rights of Indigenous Peoples that pertain to the Agency s work - Integration of traditional ecological knowledge into Agency s science, policy and decision-making processes 4

Direct Implementation Principles Examples being responsive to the EJ concerns of federally recognized tribes, indigenous peoples throughout the United States, and others living in Indian country understanding definitions of human health and the environment from the perspective of federally recognized tribes and indigenous peoples using legal authorities to advance environmental justice throughout the U.S. and in Indian country (EJ in permitting, EJ in EPA Actions/regulatory development, EJ in NEPA, EJSCREEN, etc.) 5

Engaging Federally Recognized Tribes Examples affirming the right of the tribal governments to self-determination and acknowledging the federal government s trust responsibility to federally recognized tribes supporting the integration of environmental justice principles and programs into tribal government programs, policies, and activities (i.e. public participation capacity building assistance through the Indian General Assistance Program, EJ Small Grants/Cooperative Agreements, etc.) 6

Engaging Indigenous Peoples - Examples developing and maintaining relationships, having open communication, and providing meaningful involvement opportunities with indigenous peoples and communities identifying key points of contact in affected communities to facilitate meaningful involvement and fair treatment on EJ issues, and to better understand the communities supporting the use of federal, tribal, and indigenous peoples conflict management/dispute resolution processes and traditional consensus building and decision-making practices 7

Intergovernmental Coordination - Examples facilitating discussions among and between government entities with an interest in environmental justice issues affecting federally recognized tribes and indigenous peoples encouraging federal agencies and state and local governments to incorporate environmental justice principles into their programs, policies, and activities that may affect tribes and indigenous peoples and others living in Indian country collaborating with other federal agencies to leverage resources to better communicate, share information, and address the environmental justice concerns. 8

Policy Content - Continued Accountability - Identification of Environmental Justice Tribal and Indigenous Peoples Advisors (EJ TIPAs) for each program and regional office Definitions - (8) words or phrases defined (EJ, tribes, indigenous peoples, etc.) Implementation Tools - (14) tools identified (EJ Legal Tools, EJ in Permitting, etc.) 9

Use of Terms Federally Recognized Tribes and Indigenous Peoples For purposes of this Policy, the definition for indigenous peoples does not include federally recognized tribal governments. Both Agency leadership and staff, as well as a few tribal governments, expressed concern that federally recognized tribes may be considered no different from all other indigenous peoples if a distinction is not drawn in the Policy. Federally recognized tribes are indeed included (generally acknowledged) in international definitions of indigenous peoples. 10

Policy Development Initiated in August 2011 and Finalized in July 2014 What we did: Held three rounds of tribal consultations Held three public comment periods Hosted numerous informational meetings and calls with EPA s NTC, EPA s RTOCs, tribal organizations and indigenous communities Obtained advice and recommendations from the EPA s NEJAC/Indigenous Peoples Work Group Developed Response to Comments Documents and Posted on EPA Web site 11

How does this Policy Affect EPA s Working Relationships Within the Agency Requires greater coordination and collaboration among the tribal program and EJ program staffs and regional and Headquarters program staff in responding to EJ concerns, and in the development of outreach and engagement efforts with federally recognized tribes and indigenous peoples. When EPA is implementing federal environmental programs in Indian country and outside Indian country (i.e. issuing permits, developing records of decision, deciding on enforcement and compliance penalties developing SEPs, approving water quality standards, etc.) 12

Within the Agency - Continued When EPA is working with tribes to develop and implement federally authorized environmental programs When EPA is reaching out to community-based organizations and indigenous peoples to provide technical and financial assistance. Each EJ TIPA is working to create a contact list for tribal government officials and indigenous peoples within their region or who have reached out to or expressed an interest in their program. These lists will help EPA effectively engage and work with tribal governments and indigenous communities who are working to address or need assistance with addressing EJ concerns. 13

Policy The Policy can be found at: http://www.epa.gov/compliance/environmentaljustice/res ources/policy/indigenous/ej-indigenous-policy.pdf Further information on the Policy can be found at: http://www.epa.gov/compliance/environmentaljustice/indi genous/index.html 14

Region and Program Offices: EPA Contacts Environmental Justice Tribal and Indigenous Peoples Advisors (EJ TIPA) - Each program and regional office have an EJ TIPA that was selected by their respective AA and RA. - A list of the advisors can be found on the Policy website at: http://www.epa.gov/oecaerth/environmentaljustice/indigenous/index.html#tipas Headquarters: Danny Gogal, Tribal and Indigenous Peoples Program Manager Office of Environmental Justice 202-564-2576, gogal.danny@epa.gov Dona Harris, Tribal and Indigenous Peoples Advisor American Indian Environmental Office 202-564-6633, harris.dona@epa.gov 15