NTAA: Air Topics

NTAA Air Topics:


Tribal Consultation

Overview
One of the fundamental rights of a sovereign tribal government is "government to government consultation" as outlined in Executive Order 13175. Recognizing this one of NTAA's goals is to "encourage and support appropriate consultation with all tribal governments in accordance with tribal structures and policies"" Recently in a letter to the EPA, the National Congress of American Indians (NCAI) stated their "fundamental request is that the federal government goes beyond dialogue and takes meaningful action to meet its responsibilities toward tribal governments. Tribal governments have a unique status in the federal system under the U.S. Constitution and numerous federal laws, treaties, and federal court decisions. Indian tribes have the power and responsibility to enact civil and criminal laws, and provide a broad range of governmental services to our citizens including law enforcement, education, health care, and management of lands the size of seven states.

EPA’s Indian Policy is perhaps the most visionary in its respect for tribal sovereignty and its understanding of the meaning of success in tribal-federal working relations. We hope to help strengthen that policy by encouraging the establishment of an agency-tribal task force to develop solutions to overcome the disparity in delivery of on-the-ground programs providing environmental protection. This task force could provide meaningful support for EPA’s direct implementation responsibilities to tribes, which include a tribal core water quality standards rule, self-determination demonstration projects of tribal environmental management modeled after the 638 programs in the Department of Interior, equitable access and support for tribes not yet participating in the EPA Information Exchange Network, and consolidation of reporting requirements for the many programs tribal environmental offices administer."

Significance to Tribes

NTAA Documents

NTAA Comment letter on EPA's "Guidebook for Building Tribal Environmental Capacity" (January 19, 2012)

NTAA Comment Letter on EPA's FY2011 OAR National Program and Grant Guidance (April 2, 2010)

NTAA Comment Letter on EPA's FY2009 OAR National Program and Grant Guidance (March 31, 2008)

NTAA Comment Letter on EPA's FY2008 OAR National Program and Grant Guidance (April 6, 2007)

NTAA Analysis - EPA FY08 OAR Guidance (April 16, 2007)

NTAA Comment Letter - EPA's Draft Consultation Guidance (July 14, 2006)

NTAA Analysis - EPA's Draft Consultation Guidance (July 24, 2006)

Related Documents

EPA Letter to Tribes regarding consultation on Utility MACT Standards (October 25, 2010)

EPA's Proposed Tribal Consultation Policy (June 6, 2010)

Presidential Memorandum On Tribal Consultation (November 5, 2009)

EPA OAQPS, Consulting with Indian Tribal Governments document - (April 10, 2009)

List of all Federal Statutes, Rules, and Regulations that mandate Tribal Consultation - Prepared by White House (January 2009)

Executive Order 13175 - Consultation and Coordination with Indian Tribal Governments - (November 6, 2000)

Related Links

Tribal Input and Agency Plants to Implement The Executive Order on Tribal Consultation - December, 2009