1 OAQPS Guidance on -- Consulting with Indian Tribal
Governments November 28, 2007
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2 OAQPS Tribal Team OID Laura McKelvey Yvonne Johnson Tami
LaPlante Mike Papp AQAD Mike Papp AQPD Barbara Driscoll Julie
McClintock Jessica Montanez HEID Christine Davis SPPD Charlene
Spells
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3 Background EO 13175: Consultation and Coordination with
Indian Tribal Governments signed on November 6, 2000 EPA is in the
process of developing Agency guidance but it is taking some time
Many OAQPS actions -- policies, guidance, and rules are currently
under development Many with potential Tribal implications
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4 Purpose of Guidance Introduce to OAQPS staff and managers the
basics of government-to-government consultation with American
Indian Tribes Provide steps to determine if there are potential
implications or effects on Tribes Provide advice on how to
collaborate and provide outreach to the Tribes Help determine if a
formal Tribal consultation is necessary and, if so, how to
proceed
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5 Collaboration and Outreach versus Consultation Collaboration
And Outreach Consultation Tribal Environmental Professionals Gain
Tribal perspective and input into overall Tribal interest Meetings
Conference calls Newsletters Website Tribal Leaders Broad impacts,
Tribal implications and/or Tribal interest Offer opportunity for
consultation via letters (face-to-face meetings if appropriate)
WITH WHOM HOW FOR WHAT WHEN Data gathering starts early in process
Start early but generally no later than proposal
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6 Guidance Consists of 3 Sections Screening How to identify
potential impacts or effects on Tribes Collaboration and Outreach
How to provide information to Tribes on actions with potential
impacts or effects on Tribes and how to get them involved in the
development process Consultation How to conduct full consultation
with Tribes that may be affected or Tribes that ask to be involved
in actions
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7 What does impacts or effects on Tribes mean? EO 13175
definition states regulations, legislative comments or proposed
legislation, and other policy statements or actions that have
substantial direct effects on one or more Indian Tribes, on the
relationship between the Federal Government and Indian Tribes
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8 Screening: How to determine if there are impacts or effects
on Tribes? Form to be completed by project lead with initial
questions Are there substantial effects on: Tribal governments
and/or their ability to self-govern? Trust resources? Treaty or
other rights? Does this action affect Indian lands or is it close
enough to potentially affect Indian lands (e.g., transport issues)?
Does this action establish new federal standards or significant
policy or guidance? Does this action establish a regulation not
required by statute or propose a regulation that preempts Tribal
law?
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9 Screening: How to determine if there are impacts or effects
on Tribes? (cont) If YES is answered to any of the questions then
action has potential implications More analysis will have to be
conducted to determine if actual implications occur Tribal
Consultation Plan is developed If NO is clearly answered for all of
the questions then lead should begin thinking about Tribal outreach
efforts Outreach/Communication Strategy is developed
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10 Collaboration and Outreach Provides the opportunity for EPA
to interact with Tribal environmental professionals (TEP) and other
Tribal officials on potential impacts or effects Determine if
govt-to-govt interaction is necessary Opportunity to inform Tribes
of actions Opportunity to gather info about Tribes from Tribes
Opportunity to determine if Tribes are interested in being involved
in action development process Different than consultation which
occurs with Tribal leaders Steps for conducting effective
Collaboration and Outreach included in guidance
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11 Consultation (full or formal) Meetings or discussions with
Tribal leaders or some other formal opportunity Needed for any
action that is targeted directly towards Tribes, has impacts or
effects on Tribes or has broad Tribal interest Examples include
Tribal Authority Rule, NSR for Indian Country, Mercury MACT for
utilities, Rules for Implementing NAAQS Consultation with Tribal
leaders should occur no later than proposal, however, interaction
should have already been initiated with Tribal environmental
professionals
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12 Consultation Process A consultation letter is generally sent
to all Tribal Leaders asking if they are interested in consulting
Project lead will develop a Tribal consultation plan which serves
as a roadmap Communicate with Tribes Make available to OMB
information submitted by Tribes Develop a Tribal Summary Impact
Statement to be sent to EPA American Indian Environmental Office
Document consultation in preamble
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13 Guidance Includes Appendix Key terms and concepts Tribal
organizations referenced in document EPA Tribal Air Program
Contacts OAQPS Tribal Representatives Sample forms and letters
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14 Roll-out to OAQPS Staff Email guidance document to OAQPS
staff Include in November 28, 2007 Working Effectively with Tribes
Training Post guidance document on OAQPS intranet