[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