Draft Tribal Environmental Agreement

Tier 2 Template: Appendix

DRAFT

TRIBAL ENVIRONMENTAL AGREEMENT

BETWEEN THE

ENVIRONMENTAL PROTECTION AGENCY, REGION 10

AND THE

xxxxx TRIBE/TRIBES/NATION

SPECIFIC ACTION PLAN:

VISION FOR THE FUTURE

AND

ENVIRONMENTAL ASSESSMENT PLAN

I. VISION STATEMENT

In order to understand the XXXXX Tribe, it is necessary to understand the indigenous environment which fostered the development of the XXXXX culture. In looking to a future of promise and positive potential, the XXXXX Tribe looks to its past. The XXXXX Tribe was originally the steward for and dependent upon the resources of over xx million acres of land and water located in _________________. Those resources sustained the XXXXX people for thousands of years.

Although the people of the XXXXX Tribe recognize their environment will never return to the near pristine condition they enjoyed in pre-contact times, they are also cognizant that the survival of their culture is directly linked to the health of that environment. The XXXXX Tribe will utilize this Tribal Environmental Agreement with the EPA to assist in protecting and enhancing the Tribal environment.

II. ENVIRONMENTAL ASSESSMENT & VISION PLAN

EPA and the XXXXX Tribe agree to cooperate in the environmental assessment of the lands and resources which are critical to the XXXXX Tribe's health and culture.

A. The Vision
The XXXXX Tribe is uniquely qualified to identify its vision for the future based on its Treaty, history, culture, values and resources.

B. The Environmental Assessment
EPA and the XXXXX Tribe agree to cooperate in the environmental assessment of the lands and resources which are critical to the XXXXX Tribe's health and culture.

The elements of the assessment will be based on a methodology by which the Tribal community can:

(1) Identify and describe environmental problems within a defined geographic area;

(2) Assess the environmental problems as to severity and impact on the Tribal nation, including the health of its people and its cultural and other resources;

(3) Rank the problems in order of priority;

(4) Select which problems are most important to solve immediately, versus those that need to be addressed over the long term;

(5) Define and establish environmental goals that the Tribe would like to achieve with respect to the individual problems;

(6) Identify potential strategies for solving highest ranked problems (through regulatory, technical and other strategies); and

(7) Select the most promising strategy or strategies to address the most important problems/concerns.

At the completion of this assessment, the XXXXX Tribe will be able to articulate the goals, objectives, and desired outcomes of a Tribal Environmental plan which is relevant and unique to Tribe's governmental role, its culture, and its values. The Tribe will also be able to identify a specific project or projects, each of which will include the elements described in Section VIII [of the Tier 1 Agreement].

Tier 3 Template: Appendix

DRAFT

TRIBAL ENVIRONMENTAL AGREEMENT

BETWEEN THE

ENVIRONMENTAL PROTECTION AGENCY, REGION 10

AND THE

xxxxx TRIBE/TRIBES/NATION

SPECIFIC ACTION PLAN

I. VISION STATEMENT

In order to understand the XXXXX Tribe, it is necessary to. understand the indigenous environment which fostered the development of the XXXXX culture. In looking to a future of promise and positive potential, the XXXXX Tribe looks to its past. The XXXXX Tribe was originally the steward for and dependent upon the resources of over xx million acres of land and water located in ______________. Those resources sustained the XXXXX people for thousands of years.

II. TRIBAL PRIORITIES

Priority I: Surface Water Quality

Tribal Concern:

In pre-contact times, the XXXXX enjoyed a wealth of pristine and near-pristine waterbodies which met its day-to-day and spiritual needs, while also supporting the plant life, fish, fowl, and four-leggeds which enabled the Tribe to survive and thrive as a healthy nation.

When the XXXXX Tribe entered into the Treaty of 1865, our ancestors ceded millions of acres of land in order to protect the small share of resources the Tribe reserved to itself. That included water sufficient to sustain the Tribe and our Treaty reserved resources.

Unfortunately, some of the water resources which have sustained our people for thousands of years have become so impaired that they barely support the plant life which was once abundant nor the fish or four-leggeds which the Treaty guaranteed to us.

The Tribe has identified the following three priorities to address surface water concerns during FY 1997:

(A) Water Quality Standards Development and Authorization
(B) Wetlands Protection and Enhancement
(C) Nonpoint Pollution Source Control

A. Water Quality Standards Development

1. Purpose, Objective, and Desired Outcome:
Purpose: The XXXXX Tribe's Office of Water plans to develop water quality standards which will enable it to protect and enhance surface waters within the jurisdiction of the XXXXX Tribe.
Objectives:(Activities]
Outcomes: [Results]

2. Short-Term Resource Needs (FY 97 & FY 98):
FY 97: The XXXXX will collect the information, including water quality data, necessary to develop appropriate and realistic water quality standards.
Cost Estimate: $75,000; FTE Estimate: 1.0

FY 98: The XXXXX will develop the actual standards and identify a strategy for public input.
Cost Estimate: $75,000; FTE Estimate: 1.0

3. Long-Term Goals (through FY 2000):
The XXXXX Tribe will develop a water code and enforcement policy that fully implements the water quality standards.

4. Goal for Program Assumption:
The Tribe will apply for program authorization in FY 1999, after holding public hearings.

5. Direct implementation needs from EPA:
EPA will continue to protect the waters within the boundaries of the XXXXX until the Tribe can implement its own program. EPA will also (1) include the Tribe's request for financial assistance in its request to the Office of Water for both regional monitoring and water pollution control funds, (2) use this plan to guide the direction of its funding allocation for available resources; (3) make available technical staff to assist the Tribe in its efforts, as requested; (4) assist the Tribe in applying for treatment in a manner similar to a state for financial assistance and program authorization under the Clean Water Act; (5) contact all appropriate federal agencies to seek additional financial and technical assistance, in cooperation with the Tribe, for a coordinated pollution control effort; and (6) provide technical assistance to the Tribe to develop any necessary quality control standards for these activities.
FTE Estimate: 0.05 (WD);
FTE Estimate: 0.02 (QA)

6. Specific Tribal priorities:
(1) Developing a data base/narrative profile of all water bodies within the reservation boundaries; (2) developing specific narrative and numeric water quality standards for all water bodies within the reservation boundaries; and (3) developing a Tribal code for use in the implementation of water quality standards.

7. Elements necessary to implement the program:
The Tribe will need both cultural and legal expertise in the development of a tribal Code which will meet both the Tribe's needs and EPA's requirements.

8. Training Assistance Needed by the Tribe to Implement the Program:
The Tribe will need training in the areas necessary to understand the universe of water quality standard concerns.

9. (a) Current Tribal cultural, resource, and technical staff expertise:
The XXXXX Tribe's culture office, natural resources office, and technical staff have the general expertise necessary to carry out the work identified for FY 97.

(b) Future needs for Tribal cultural, resource, and technical staff expertise:
The Tribe will need additional expertise for facilitating public meetings, developing the Tribal Code, and developing a methodology for monitoring the health progress of the water systems.

10. Methodology for monitoring project progress:
To be developed in consultation with the EPA.

B. Wetlands Protection and Enhancement

1. Purpose, Objective and Desired Outcome:

2. Short-Term Resource Needs (FY 97 & FY 98):

3. Long-Term Goals (through FY 2000):

4. Goal for Program Assumption:

5. Direct Implementation Needs from EPA:

6. Specific Tribal Priorities:

7. Elements Necessary to Implement the Program:

8. Training Assistance Needed by the Tribe to Implement the Program:

9. (a) Current Tribal Cultural, Resource and Technical Staff Expertise:

(b) Future needs for Tribal Cultural, Resource and Technical Staff Expertise:

10. Methodology for Monitoring Project Progress:

C. Nonpoint Pollution Source Control