Affiliated Tribes of Northwest Indians Resolution Recommending Amendments to the EPA Policy for the Administration of Environmental Programs on Indian Lands
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DOCUMENT: ATNI8413.TXT
A F F I L I A T E D T R I B E S O F
N O R T H W E S T I N D I A N S
RESOLUTION #84-F-013
WHEREAS, the Affiliated Tribes of Northwest Indians notes
that the U.S. Environmental Protection Agency
issued copies of a draft Environmental Protection
Agency Policy for the Administration of
Environmental Programs on Indian Reservations to
all Indian Governments on July 18, 1984; and
WHEREAS, the ATNI recognized that member Tribal governments
received copies of the draft EPA Policy on or about
August 22, 1984; and
WHEREAS, the ATNI observes that the Environmental Protection
Agency intends to publish a policy for the
Administration of Environmental Programs on Indian
Lands in the near future, and a national Indian
response to the draft policy is warranted; and
WHEREAS, the U.S. Environmental Protection Agency draft
policy addresses nine principles which asserts in
part:
1. EPA will work directly with Indian Governments on a one-to-one basis, rather
than as sub-divisions of other governments.
2. EPA will recognize Indian Governments as the
"primary parties for setting standards, making
environmental policy decisions and managing
programs on reservations, consistent with Agency
standards and regulations."
3. EPA will take steps to "encourage and assist
Tribes in assuming regulatory and program
management responsibilities for reservation
lands."
4. EPA will remove existing legal and procedural
impediments to working directly and effectively
with Tribal governments.
5. EPA will consider Tribal concerns and interest
whenever EPA actions and/or decisions impact
reservation environments.
6. EPA will encourage cooperation between Tribal
and State governments to resolve environmental
problems.
7. EPA will work with other Federal agencies and
secure their interest and support in cooperative
efforts to help Tribes.
8. EPA will work to assure compliance with
environmental statues and regulations on Indian
reservations.
9. EPA will incorporate the above policy goals into
its planning and management activities
including: budget, operating guidance,
legislative initiatives, management
accountability, and ongoing policy and guideline
development.
WHEREAS, the A.T.N.I. finds the draft EPA Policy for the
Administration of Environmental Programs on Indian
Lands is in general accord with longstanding
positions and policies enunciated by the A.T.N.I.
organization though specific amendments and
adjustments must be made before the Policy is
formally instituted; and
THEREFORE BE IT RESOLVED, that the Affiliated Tribes of
Northwest Indians does hereby recommends the
following amendments or adjustments in the
Environmental Protection Agency Policy for the
Administration of Environmental Programs on Indian
Lands:
In principle #1 the EPA asserts that it will work with
Indian governments on a one-to-one basis and not as sub-
divisions of other governments. To make this principle
meaningful principle #2 must be amended to strike the clause
"CONSISTENT WITH AGENCY STANDARDS AND REGULATIONS" and
insert the clause "IN ACCORDANCE WITH STANDARDS AND
REGULATIONS ESTABLISHED BY TRIBAL GOVERNMENTS" This new
clause should be supplemented with an additional clause
which reads: "where Tribal government and EPA policies,
standards and regulations are incompatible negotiation of
the differences will be initiated with Tribal governments to
make the necessary adjustments in either the EPA or Tribal
government standards and regulations."
In principle #5 the EPA asserts that "TRIBAL CONCERNS AND
INTERESTS ARE FULL CONSIDERED WHENEVER EPA'S ACTIONS AND/OR
DECISIONS MAY IMPACT RESERVATION ENVIRONMENTS." This portion
of the last clause should be added to with the following:
"by preparing and issuing a 'Reservation Impact Statement'
prior to considerations of implementation."
In principle #8, the EPA asserts that it will "STRIVE TO
ASSURE COMPLIANCE WITH ENVIRONMENTAL STATUES AND
REGULATIONS
ON INDIAN RESERVATIONS." While the draft EPA principle does
not directly say how the EPA will assure compliance on
Indian reservations it is not certain that any; Indian
government is prepared to relinquish its jurisdiction over
environmental questions to the U.S. Environmental Protection
Agency. Further, the EPA draft policy #8 explanation assert
that: "direct Federal action through the judicial or
administrative process will be considered..." to force an
Indian government to comply with EPA standards and
regulations when certain conditions exist. Principle #8 is
neither consistent with the spirit of government-to-
government relations, nor with the mutually cooperative
intent of the policy stated in principle #1. Furthermore,
this principle constitutes a direct threat to the integrity
and authority of Indian governments which EPA asserts it
desires to recognize. Finally, the Affiliated Tribes of
Northwest Indians rejects the idea that an Agency of the
United States government should presume to exercise such
powers to force agreement by Indian Governments. We suggest
that Principle #8 be stricken and replaced by the following
statement: "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 or
agreement on alternatives, providing technical support and
consultation as necessary to enable Tribal facilities to
comply."
CERTIFICATION
The foregoing resolution was duly endorsed at the Annual
Conference of the Affiliated Tribes of Northwest Indians, at
Spokane, Washington, on September 8, 1984, with a quorum
present and voting.
__________________________ ____________________________
Delbert Frank, President Faith Mayhew, Secretary
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