NTAA’s PRK for EPA’s Revisions to the 2011 Policy on Consultation and Coordination with Indian Tribes & 2016 Guidance for Discussing Tribal Treaty or Similar Rights
In response to President Biden’s January 26, 2021 “Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships,” the EPA is revising its 2011 EPA Policy on Consultation and Coordination with Indian Tribes (“Consultation Policy”) and its Guidance for Discussing Tribal Treaty Rights (“2016 Treaty Rights Guidance”). The revisions are intended to improve EPA’s implementation of Executive Order 13175: Consultation and Coordination with Indian Tribal Governments (2000). More information can be found in the fact sheet below or on the EPA’s Tribal Consultation Opportunities Tracking System website.
The Consultation Policy defines when and how consultation takes place, designates EPA consultation contacts to promote consistency and coordination of the process, and establishes management oversight and reporting to ensure accountability and transparency. The 2016 Treaty Rights Guidance was designed to provide steps for EPA to take during Tribal consultation on EPA actions that may affect specific geographic areas when Tribal treaty rights may exist, or when a resource-based treaty right lies within those areas. The Guidance is designed to ensure that EPA’s actions do not conflict with treaty rights and to ensure that EPA further protects treaty rights where possible under its authorities.
Comments are due by July 21, 2023 via email to Zoe Ruge (ruge.zoe@epa.gov) using the subject line “EPA Consultation Tribal Comments.”
NTAA’s PRK
- NTAA Tribal Template Letter – A template Word document that includes NTAA’s comments that can be used by Tribes to submit to the EPA.
- NTAA Fact Sheet – A three-page fact sheet that can be used by Tribes to inform community members and leadership regarding these revisions.
- NTAA Response Letter – The official letter NTAA submitted to the EPA in response to the revisions.