EPA
Policy
for
the
Administration
of
Environmental
Programs
on
Indian
Reservations
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
TO­
ONE
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
