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Box 2574 Fido Net 1:352/333 :: :: Olympia, WA 360-786-9629 :: :: 98507-2574 USA The Quarto Mundista BBS :: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: DOCUMENT: ATNI8413.TXT A F F I L I A T E D T R I B E S O F N O R T H W E S T I N D I A N S RESOLUTION #84-F-013 WHEREAS, the Affiliated Tribes of Northwest Indians notes that the U.S. Environmental Protection Agency issued copies of a draft Environmental Protection Agency Policy for the Administration of Environmental Programs on Indian Reservations to all Indian Governments on July 18, 1984; and WHEREAS, the ATNI recognized that member Tribal governments received copies of the draft EPA Policy on or about August 22, 1984; and WHEREAS, the ATNI observes that the Environmental Protection Agency intends to publish a policy for the Administration of Environmental Programs on Indian Lands in the near future, and a national Indian response to the draft policy is warranted; and WHEREAS, the U.S. Environmental Protection Agency draft policy addresses nine principles which asserts in part: 1. EPA will work directly with Indian Governments on a one-to-one basis, rather than as sub-divisions of other governments. 2. EPA will recognize Indian Governments as the "primary parties for setting standards, making environmental policy decisions and managing programs on reservations, consistent with Agency standards and regulations." 3. EPA will take steps to "encourage and assist Tribes in assuming regulatory and program management responsibilities for reservation lands." 4. EPA will remove existing legal and procedural impediments to working directly and effectively with Tribal governments. 5. EPA will consider Tribal concerns and interest whenever EPA actions and/or decisions impact reservation environments. 6. EPA will encourage cooperation between Tribal and State governments to resolve environmental problems. 7. EPA will work with other Federal agencies and secure their interest and support in cooperative efforts to help Tribes. 8. EPA will work to assure compliance with environmental statues and regulations on Indian reservations. 9. EPA will incorporate the above policy goals into its planning and management activities including: budget, operating guidance, legislative initiatives, management accountability, and ongoing policy and guideline development. WHEREAS, the A.T.N.I. finds the draft EPA Policy for the Administration of Environmental Programs on Indian Lands is in general accord with longstanding positions and policies enunciated by the A.T.N.I. organization though specific amendments and adjustments must be made before the Policy is formally instituted; and THEREFORE BE IT RESOLVED, that the Affiliated Tribes of Northwest Indians does hereby recommends the following amendments or adjustments in the Environmental Protection Agency Policy for the Administration of Environmental Programs on Indian Lands: In principle #1 the EPA asserts that it will work with Indian governments on a one-to-one basis and not as sub- divisions of other governments. To make this principle meaningful principle #2 must be amended to strike the clause "CONSISTENT WITH AGENCY STANDARDS AND REGULATIONS" and insert the clause "IN ACCORDANCE WITH STANDARDS AND REGULATIONS ESTABLISHED BY TRIBAL GOVERNMENTS" This new clause should be supplemented with an additional clause which reads: "where Tribal government and EPA policies, standards and regulations are incompatible negotiation of the differences will be initiated with Tribal governments to make the necessary adjustments in either the EPA or Tribal government standards and regulations." In principle #5 the EPA asserts that "TRIBAL CONCERNS AND INTERESTS ARE FULL CONSIDERED WHENEVER EPA'S ACTIONS AND/OR DECISIONS MAY IMPACT RESERVATION ENVIRONMENTS." This portion of the last clause should be added to with the following: "by preparing and issuing a 'Reservation Impact Statement' prior to considerations of implementation." In principle #8, the EPA asserts that it will "STRIVE TO ASSURE COMPLIANCE WITH ENVIRONMENTAL STATUES AND REGULATIONS ON INDIAN RESERVATIONS." While the draft EPA principle does not directly say how the EPA will assure compliance on Indian reservations it is not certain that any; Indian government is prepared to relinquish its jurisdiction over environmental questions to the U.S. Environmental Protection Agency. Further, the EPA draft policy #8 explanation assert that: "direct Federal action through the judicial or administrative process will be considered..." to force an Indian government to comply with EPA standards and regulations when certain conditions exist. Principle #8 is neither consistent with the spirit of government-to- government relations, nor with the mutually cooperative intent of the policy stated in principle #1. Furthermore, this principle constitutes a direct threat to the integrity and authority of Indian governments which EPA asserts it desires to recognize. Finally, the Affiliated Tribes of Northwest Indians rejects the idea that an Agency of the United States government should presume to exercise such powers to force agreement by Indian Governments. We suggest that Principle #8 be stricken and replaced by the following statement: "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 or agreement on alternatives, providing technical support and consultation as necessary to enable Tribal facilities to comply." CERTIFICATION The foregoing resolution was duly endorsed at the Annual Conference of the Affiliated Tribes of Northwest Indians, at Spokane, Washington, on September 8, 1984, with a quorum present and voting. __________________________ ____________________________ Delbert Frank, President Faith Mayhew, Secretary -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- To have a current Center For World Indigenous Studies Publication Catalogue sent to you via e-mail, send a request to jburrows@halcyon.com FTP ftp://ftp.halcyon.com/pub/FWDP/CWIS/cwis-cat.txt Center For World Indigenous Studies P.O. Box 2574 Olympia, WA U.S.A. 98507-2574 BBS: 360-786-9629 FAX: 360-956-1087 OCR Provided by Caere Corporation's OmniPage Professional