U.
S.
ENVIRONMENTAL
PROTECTION
AGENCY­
REGION
10
TRIBAL
CONSULTATION
FRAMEWORK
July
16,
2001
REGION
10
WORKING
DEFINITION
OF
TRIBAL
CONSULTATION
"
Consultation"
means
the
process
of
seeking,
discussing,
and
considering
the
views
of
federally
recognized
tribal
governments
at
the
earliest
time
in
EPA
Regions
10'
s
decision­
making.
Consultation
generally
means
more
than
simply
providing
information
about
what
the
agency
is
planning
to
do
and
allowing
comment.
Rather,
consultation
means
respectful,
meaningful,
and
effective
two­
way
communication
that
works
toward
a
consensus
reflecting
the
concerns
of
the
affected
federally
recognized
tribe(
s)
before
EPA
makes
its
decision
or
moves
forward
with
its
action.

REGION
10
GUIDING
PRINCIPLES
1.
The
Region
will
consult
with
federally
recognized
tribal
governments
in
a
sensitive
manner
respectful
of
tribal
sovereignty
and
culture.

2.
The
Region
will
maintain
government­
to­
government
communications
with
federally
recognized
tribal
governments
by
interacting
through
officials
of
appropriate
stature
and
authority,
and
as
determined
by
the
Regional
Administrator
and
tribal
government.
For
major
consultation
issues,
the
time
frame
and
manner
in
which
EPA
will
consult
with
a
specific
Tribe
will
be
negotiated
between
EPA
and
the
Tribe.

3.
In
situations
where
EPA
has
the
ultimate
decision­
making
authority,
federal
policies
direct
EPA
to
consult
with
affected
federally
recognized
tribal
governments
prior
to
decisionmaking
The
Region
will
work
within
the
following
guidelines
when
deciding
how
to
consult
with
federally
recognized
tribes:


When
the
matter
may
directly
affect
the
environment,
resources,
treaty
rights
or
other
legal
rights
of
a
specific
or
small
number
of
federally
recognized
tribes,
EPA
will
meet
with,
have
conference
calls,
and
send
letters
to
tribal
leaders
of
the
affected
individual
tribe(
s).
EPA
will
provide
feedback
as
specifically
requested
by
the
Tribe(
s)
and
take
any
agreed
upon
follow­
up
action
on
the
matter
in
a
timely
manner;


When
seeking
perspectives
from
all
interested
federally
recognized
tribes
in
the
Region
on
national
or
broad
Regional
issues,
EPA
will
meet
with,
or
have
a
conference
call,
or
solicit
written
views
in
a
letter
from
EPA;


When
looking
for
broad
guidance
on
tribal
policy
or
implementation
matters
of
national
or
Regional
interest
either
at
a
preliminary
stage
or
requiring
fast
turnaround
EPA
will
rely
on
the
Regional
Tribal
Operations
Committee
for
assistance
and
input.
This
dialogue
will
not
replace
the
government­
to­
government
relationship
and
communication
between
EPA
and
the
Tribe(
s);
Page
2
4.
On
specific
matters,
the
Region
should
contact
and
provide
any
available
materials
necessary
to
the
potentially
affected
federally
recognized
tribes
as
early
as
practicable,
to
provide
time
for
consultation
prior
to
making
a
decision.

5.
Where
feasible
and
appropriate,
the
Region
will
encourage
regular
participation
of
federally
recognized
elected
tribal
representatives
or
their
designees
on
Regional
planning
and
work
groups.

6.
The
Region
will
directly
notify
federally
recognized
tribe(
s)
where
specific
tribal
interest
or
trust
resources
may
be
involved,
and
offer
the
respective
tribe(
s)
an
opportunity
to
participate
without
resolving
whether
the
tribe(
s)
has
a
legal
right
to
consultation.

7.
The
Region
will
meet
with
individual
federally
recognized
tribes
upon
request
of
the
tribe's
leaders.

8.
The
Region
should
endeavor
to
build
an
on­
going
relationship
with
federally
recognized
tribal
government(
s)
to
increase
communication,
and
to
ensure
that
consultation
on
specific
proposals
will
be
more
constructive
and
effective.

9.
The
Region
will
encourage
meetings
with
federally
recognized
tribal
governments
on
their
homelands,
to
the
extent
resources
allow,
to
strengthen
the
EPA
federal­
tribal
relationship
and
facilitate
EPA
understanding
of
respective
tribal
issues,
concerns
and
perspectives.

10.
Public
participation
which
involves
individual
citizens
of
Indian
Country,
is
not
the
same
as
consultation
with
affected
federally
recognized
tribal
governments.
EPA
has
the
responsibility
to
consult
with
federally
recognized
tribal
governments
separate
from,
and
in
addition
to,
the
public
participation
process
for
interested
stakeholders.

11.
Consultation
with
tribal
governments
should
occur
independent
of
the
public
participation
process.
Tribal
consultation
does
not
replace
requirements
to
promote
public
participation
that
may
apply
to
a
given
proposed
federal
action.

ISSUE
RESOLUTION
Should
disputes
arise
between
one
or
more
tribes
and
EPA
Region
10,
the
parties
will
strive
to
address
the
matter
informally,
at
the
staff
level.
In
the
event
that
staff
are
unable
to
resolve
a
dispute,
the
issue
will
be
presented
to
immediate
supervisors,
who
will
attempt
to
resolve
the
dispute.
If
the
dispute
is
not
resolved,
the
staffs
will
present
the
matter
to
progressively
higher
levels
of
management
until
consensus
is
reached.
In
the
event
consensus
is
not
reached,
the
EPA
Regional
Administrator,
after
consulting
with
the
elected
leader(
s)
of
the
federally
recognized
Tribe(
s),
will
make
the
final
decision.
