Comment submitted by C. Baasch

This comment is in reference to the proposed final policy on consultation and coordination with Indian tribes. While I applaud the efforts of the Environmental Protection Agency (“EPA”) to be compliant with Executive Order 13175, I am also concerned with the seemingly one-sided promulgation of consultation regulation by the EPA, and the lack of any real due diligence in making sure this policy is beneficial for federally recognized Indian tribes. First, pursuant to the proposed policy, it would be up to the EPA to identify “activities that may be appropriate for consultation.” In the event that Indian tribes had their own environmental concerns, is there a two-way street for Indian tribes to solicit consultation from the EPA? Without clear guidelines within the policy, Indian tribes may be hesitant to come to the EPA. Second, with regard to the Tribal Consultation Advisors (“TCAs”), how many TCAs employed by the EPA are culturally aware and/or culturally sensitive to Indian tribes? In order for TCAs to “provide advice within their respective program offices and regions on what actions may be appropriate for consultation,” they need to understand the particular culture of the people they are advising. Furthermore, there is no reference in the proposed policy regarding the cost of the consultation. As stated in the proposed policy, “[t]ribes provide input to the EPA on the consultation matter. This phase may include a range of interactions including written and oral communications including exchanges of information, phone calls, meetings, and other appropriate interactions depending upon the specific circumstances involved.” If a tribe is expected to put time and money into a consultation with the EPA, who bears the cost? Despite public opinion to the contrary, most federally recognized Indian tribes are financially destitute. There is a very real financial component that must be considered when promulgating this policy.