[Federal Register Volume 59, Number 144 (Thursday, July 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18335]
[Federal Register: July 28, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5022-1]
Improving EPA's Indian Program Operations
AGENCY: U.S. Environmental protection Agency.
ACTION: Soliciting public comments on the agency's efforts to enhance
Indian program operations.
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SUMMARY: The Environmental Protection Agency (EPA) is soliciting
comments from the public on the following potential approaches for
improving the Agency's Tribal operations, including the establishment
of a new national Indian Program Office. To obtain Tribal input into
this process, as well as input on future Tribal matters, the EPA
Administrator convened the Tribal Operations Committee (TOC) comprised
of Tribal representatives and EPA Senior Managers. EPA is now seeking
broader input on these approaches, and will consider comments received
during the public comment period to ensure that the strongest options
have been identified.
PUBLIC COMMENT PERIOD: Comments must be received by September 12, 1994.
ADDRESSES: Comments should be sent to Caren Rothstein, Tribal
Operations Team, US EPA, Mail Code 1199, 401 M Street SW., Washington,
DC 20460.
FOR FURTHER INFORMATION CONTACT:
Caren Rothstein at 202-260-7519.
SUPPLEMENTARY INFORMATION: The Environmental Protection Agency has made
continual progress in building its Tribal program since issuance of the
Agency's 1984 Indian Policy. In Fiscal Year 1993, approximately $35
million and 165 work years were utilized to implement EPA Indian
programs, either through direct grants to Tribes or through Federal
implementation and technical assistance to Tribes.
Regulations and guidance specific to Tribes have been developed
under many of EPA's programs establishing the process for Tribes to
apply for grants and program authorization. Over 90 Treatment in the
Same Manner as a State determinations, formerly referred to as
Treatment as a State, have been made under various water programs.
Numerous Tribes have submitted water quality standards for
authorization by EPA, and three have already been approved. Many more
Tribal applications are expected in the future for a broad array of EPA
programs.
The growth of EPA's Indian program has led to an increased
understanding of the seriousness of environmental threats to human
health and the environments within Indian Country by EPA and the
Tribes. To promote improved communications and partnerships with Tribes
to address these concerns, the EPA Administrator convened a Tribal
Operations Committee (TOC) to meet with her and other EPA Senior
Management as co-regulators, on a regular basis, and to provide Tribal
input into Agency decision making that may affect Tribes.
The TOC is comprised of 18 Tribal representatives, who are either
Tribal Leaders or Tribal environmental officials selected by Tribes
within EPA regions. There are Tribal representatives from each of EPA's
regions except Region III, which has no Federally recognized Tribes.
On February 17, 1994, at the first official TOC meeting, the
Administrator committed to strengthening the Agency's Tribal operations
and reaffirmed the Agency's 1984 Indian Policy. As one of the first
actions for the Tribal representatives to the TOC and in response to
Tribal recommendations, the Administrator authorized a group of Senior
Managers from EPA Headquarters and regions to develop recommendations,
in consultation with Tribal representatives to the TOC, on ways to
strengthen EPA's Tribal environmental programs and daily operations.
Over the last few months, the EPA Senior Team, working with the
TOC, has identified options for advancing and strengthening Tribal
environmental protection and improving relations between EPA and the
Tribes, in the following program areas: organization, implementation
and resource needs.
To ensure constant Tribal input while developing these options,
weekly conference calls were held with the TOC. Two meetings have been
held at which the TOC and Team met face-to-face. In addition, early in
June 1994, a letter was sent to all Tribal Leaders providing
information on the approaches the Agency was considering, and
soliciting additional comment. These comments have been considered and
the Agency hopes to obtain further input through publishing this
Notice.
EPA's Current Indian Program Structure
Under the Agency's current Indian program structure, the central
coordination responsibility has been one of many functions undertaken
by the Office of Federal Activities (OFA) in the Office of Enforcement
and Compliance Assurance. OFA is currently the central point of contact
for Tribes at Headquarters, and also develops the budget for the
General Assistance Grant Program, works with regions to oversee
administration of such grants to Tribes, and fosters overall
coordination between the various offices at Headquarters and the
regions.
Responsibility for administering specific programs such as water,
air and waste are handled by those program and regional offices. This
includes specifically (but not exclusively) provision of technical
assistance, direct Federal implementation and program development and
implementation funds as allowed by law. This will continue to be
necessary because these offices have the technical expertise and the
responsibility for developing and administering program-specific
resources, policies, and regulations.
EPA's regional offices interact with each Tribe on matters specific
to the Tribes and this should continue even though a national office
will be responsible for the coordination of the Agency's Tribal
program. In fact, regions and programs need to increase their efforts
to assist Tribes in addressing environmental issues as part of the
effort to enhance Tribal operations.
Proposed National EPA Indian Operations
Altering the current structure by creating a national office, whose
sole responsibility is Tribal operations, would provide a more
consistent and streamlined approach for implementing EPA's Indian
Policy. This new Office could also ensure that Tribal input and
concerns are heard and integrated into the Agency's ongoing activities.
The EPA Team identified, in consultation with Tribal
representatives to the TOC, key factors, functions and organizational
options to consider in establishing the new office. The Agency is
seeking suggestions on functions for the Office as well as its
appropriate title. Among others, titles such as ``National Office of
Indian Affairs'' or ``National Tribal Environmental Management Office''
have been suggested to date.
Functions for the New Office
Tribal representatives to the TOC have suggested that it is
critical for the new Office to have flexibility to develop its specific
Action Agenda after it is officially established. Therefore, some of
the key functions envisioned for the new Office are identified here in
general terms. The Agency expects that the new Office will further
refine and develop these functions while establishing a more detailed
Action Agenda.
Following is a list of key functions the Agency believes to be
critical for the new Office.
Function 1.--Implementation of Policies
The Agency believes that a main function of the Office should be to
ensure that the 1994 Presidential Memorandum addressing Tribal program
implementation and the Agency's recently reaffirmed 1984 Indian Policy
are fully implemented. These documents both recognize Tribal
sovereignty and call for a government-to-government relationship with
Tribes.
The Office should also ensure that other Agency policies affecting
Tribes are being implemented responsibly, and that Tribal operations
continue to be a priority Agency wide. The new Office should review and
update existing Agency guidance that relates to Tribes, in order to
facilitate the full implementation of these policies.
Function 2.--Develop Environmental Workplans
In order for EPA and Tribes to plan for and respond effectively to
Tribal environmental problems requiring action, the Agency and the
Tribes need to establish a baseline description and evaluation of the
types of environmental problems, the seriousness of such problems and
Tribal priorities for action. To accomplish this, the Agency is
recommending the formulation of individual Tribal workplans or
strategies for responding to environmental problems. To facilitate and
support these workplans, each EPA Regional Administrator would retain
flexibility to determine, in consultation with the Tribes, the most
appropriate manner to develop these workplans. Workplans should include
the Tribe's plans to manage authorized environmental programs and/or
their need for Federal technical assistance and funding, direct Federal
implementation and management of specific programs.
These Tribal workplans would be the basis for region specific
workplans upon, which in turn, a national EPA Tribal operations
workplan would be based.
A Tribal representative to the TOC asked that funding for needs
assessments be made available to Tribes in order to build a foundation
of information upon which to base Tribal workplans. The commentor
further suggested that EPA and the Tribes jointly develop a model to
provide initial guidance for workplan development. The Agency is
considering how this might be done.
Commentors have also suggested that the Agency must set realistic
schedules for completing these workplans. The Agency specifically
solicits comments on how long it would take for such Tribal workplans
to be completed and ideas on effective approaches for assessing Tribal
needs. Finally, the Agency believes it is important to be cognizant of
the fact that workplan development is likely to identify needs that
cannot be met immediately with available funding and that a Tribal/EPA
strategic approach to meeting needs over time will be required.
Comments on how these decisions can be developed and managed are
specifically solicited.
Function 3.--Ensuring Consistency
The Office should coordinate the Agency's Indian operations to
ensure an appropriate level of consistency throughout the programs and
regions in the areas of policy, guidance, program implementation and
regulatory and legislative initiatives. To assist Tribes and EPA
managers, the Office should develop a compendium of Agency policies and
statements concerning Indian matters. Further, the Office may develop
regulations and legislative initiatives of a multi-media nature
relating to Tribes.
The Office should work with the Office of General Counsel, other
appropriate Agency parties and Federally recognized Tribes to review
Federal environmental laws, regulations, policies and guidance to
strengthen, coordinate and ensure consistency with EPA's Indian Policy,
and the Federal trust responsibility to Tribes. This review should
foster improvements to Agency Tribal operations leading to effective
program delivery while maintaining sufficient flexibility to meet
Tribal needs.
Function 4.--Budget and Resource Development
A function of the Office should be coordination and development of
budget proposals to meet the Agency's and Tribal environmental program
resource needs. The Office should also work to ensure appropriate
management and staff to support Tribal operations. Resource proposals
should be sufficient to ensure the success of Tribal environmental
programs and to carry out EPA program responsibilities in a manner
consistent with Federal law.
Function 5.--General Assistance Grant Oversight, Grant Flexibility and
Streamlining
The new Office should oversee the General Assistance Grant Program
to assist Tribes in building capacity to manage environmental programs,
and should, to the extent allowed under law, use the flexibility in
this program as broadly as possible to meet Tribal needs. The new
Office may develop recommendations for statutory changes in granting
authorities to permit Tribal block grants and to explicitly authorize
the use of the General Assistance Grants, where practicable, for a full
range of implementation activities. However, growth in the General
Assistance Grant Program should not lead to any diminishing of
available funds from specific program grants such as Section 106 Water
Quality Management grants under the Clean Water Act.
Finally, given that most Tribes have a small environmental staff,
if any, to manage various program-specific grants, it is important to
increase the efficient use of limited resources. The Office should work
with other EPA Senior Management to use available discretion to
consolidate (to the extent allowed by law), issuance and administration
of grants to reduce the burden on Tribes.
Function 6.--Promote Agency Wide Participation in Tribal Operations
The Office should promote Agency-wide participation in the
development and implementation of Tribal environmental programs. The
new Office should chair the National Indian Workgroup which is made up
of EPA Headquarters Program Coordinators and Regional Indian Program
Coordinators. The new Office should also coordinate with EPA National
Indian Attorneys Workgroup to ensure consistency in legal matters.
Function 7.--Reporting Systems and Feedback Mechanisms
Another key function of the Office would be to expand, establish,
where necessary, and oversee internal Agency reporting requirements.
Feedback should be provided to EPA management and staff through
tracking and reporting systems that monitor progress, yet are not
overly demanding on limited Tribal government staff and resources.
Principles of partnership should be considered while coordinating joint
management of oversight activities.
To facilitate the collection of baseline data, and other periodic
data concerning Tribal capacity development, program authorization and
EPA direct implementation and management activities, the new Office
should work with Assistant and Regional Administrators to develop a
regular reporting system and schedules for a variety of Indian Program
activities and milestones.
A Tribal representative has suggested that criteria through which
Tribal environmental programs can be judged to be sufficient need to be
developed as a benchmark for both Tribes and EPA to measure and
evaluate their progress in a consistent manner. Further, the commentor
calls for the new Office to conduct periodic workshops and evaluations
in the regions with Tribes to provide feedback and to be accessible to
the Tribes in the field.
Reviewers are specifically asked to comment upon appropriate forms
of reporting and methods of evaluation likely to be most effective. The
Agency is considering these suggestions.
Function 8.--Clearinghouse For Environmental Information and Data
Generation
The Office would serve as a cross-media clearinghouse for
environmental information related to the Indian program and would
coordinate Agency-wide data collection for the Indian program.
Assistant and Regional Administrators would be asked to have systems in
place to identify and update Tribal data for their programs and, as
part of the ``comprehensive'' Tribal environmental picture. This data
should be accessible to the new Office for analysis and evaluation.
To fulfill this function and improve EPA's ability to respond
quickly and effectively to Tribal environmental problems, the Agency is
considering calling for the new Office to establish a Tribal
environmental database, in cooperation with program and regional
offices and Tribes. The Office should make use of existing data base
systems, information and documents already compiled by EPA and other
relevant agencies and build upon these as appropriate.
Function 9.--Tribal Environmental Training
The Office would coordinate Agency-wide development of training,
education and technical assistance, in all relevant environmental
areas, for Tribes. In doing so, attempts should be made to make ongoing
training that other co-regulators receive, available and appropriate
for Tribes.
Several commentors have stated that, in particular, technical
assistance is critical to successful Tribal environmental capacity
building and program development. The Agency is exploring options for
providing more technical assistance to Tribal environmental managers.
Resources may limit certain options, but improvements can be made. The
Agency is specifically looking for suggestions on how best to provide
this service to Tribes.
Function 10.--Training of EPA Staff
It is important that EPA employees have the necessary sensitivity,
knowledge and understanding of Indian affairs to facilitate
communication between EPA and Tribal representatives. The Office would
promote and coordinate training on Indian issues for Agency managers
and staff, particularly those working on Tribal and related programs.
In the interim, EPA managers will be encouraged to provide training
that moves the Agency in the direction of a better understanding of
Indian issues.
This training should address responsibilities under Federal Indian
law and the EPA Indian Policy, EPA's Indian program activities, Tribal
sovereignty and jurisdiction, Tribal environmental needs and
activities, the role of Tribal individuals and organizations and
cultural and historical differences that may affect EPA's working
relationship with the Tribes.
Function 11.--Communication With Tribes
Promoting and facilitating improved communication between EPA and
Tribal governments (pursuant to the 1984 Indian Policy), and Tribal
members and/or organizations, would be a major function of the new
Office in cooperation with the program and regional offices.
In keeping with the spirit of environmental justice and Executive
Order 12875, EPA management should include Tribes in decision-making
and program management activities that affect them. Communications and
requests for Tribal input should occur early in any Agency process that
may affect Tribes, and full consideration should be given to the
policies, priorities, and concerns of the affected Tribe(s) and/or,
where appropriate, affected Tribal members.
Specifically, but not exclusively, EPA will notify and communicate
with Tribes on an ongoing basis for such activities as rulemaking,
policy development and direct implementation and management of EPA
programs in Indian country. Commentors have suggested that it is
critical for communication to occur between elected Tribal leaders,
Tribal members and Tribal organizations, and the EPA Administrator and
Regional Administrators in decisions that affect Tribes.
In addition, the Office should serve as the central point of
contact to interact with the Agency and Tribes on matters of national
concern and should coordinate the activities and participation of the
TOC in the future. The Agency invites comments on how to further
improve communications with Tribes.
Function 12.--Interagency Coordination Efforts
The Office would work to improve communication, cooperation and
funding utilization between EPA and other Federal agencies regarding
Indian matters. The new Office should review the content and status of
existing Memoranda of Understanding on Indian Affairs between EPA and
other Federal agencies for effectiveness and implementation.
The new Office should also take appropriate steps to improve
interagency coordination, especially with regard to specific
environmental issues, opportunities for cooperative use of public funds
and disputes that may arise from time to time. As a part of this
effort, the new Office may find it useful to undertake an evaluation of
all Federal resources available to Tribes and their relationship to
Tribal environmental management in coordination with the other Federal
agencies.
To the extent possible, EPA's Headquarters and regional program
offices should be encouraged to participate in interagency work groups
to facilitate the resolution of environmental matters of mutual concern
and foster integrated use of funds.
Conclusion
The Agency invites comments the issues addressed in this Notice, as
well as additional suggestions for strengthening EPA's Tribal
operations. The Agency will publish its final determinations based on
review of public comment received in response to this Notice.
Dated: July 15, 1994.
Carol M. Browner,
EPA Administrator.
[FR Doc. 94-18335 Filed 7-27-94; 8:45 am]
BILLING CODE 6560-50-M
