EPA s Tribal and Indigenous Peoples Environmental Justice Program

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EPA s Tribal and Indigenous Peoples Environmental Justice Program National Tribal Lands and Environment Forum August 16, 2016 Danny Gogal, Tribal and Indigenous Peoples Program Manager, OEJ, USEPA, Randy Gee, Tribal Program Manager & EJ Tribal and Indigenous Peoples Advisor (EJ TIPA), Region 6, USEPA, and Dona Harris, Senior Policy Advisor & EJ TIPA, AIEO, USEPA

Discussion Items EPA Policy on Environmental Justice for Working with Federally Recognized Tribes and Indigenous Peoples EJ Small Grants Program and Cooperative Agreements Program Overview of EPA s EJ SCREEN Tool Examples of Engagement with Tribes and Indigenous Peoples on EJ EJ 2020 Action Agenda U.S. Environmental Protection Agency 1

EPA Policy on Environmental Justice for Working with Federally Recognized Tribes and Indigenous Peoples Purpose: To clarify and integrate environmental justice principles in a consistent manner in the Agency s work with federally recognized tribes and indigenous peoples. Scope: Federally recognized tribes, state recognized tribes, tribal members, indigenous community organizations, Native Hawaiians, individual Native Americans, and others living in Indian country. U.S. Environmental Protection Agency 2

Policy Focuses on Four Areas 1. EPA s integration of EJ in the direct implementation of federal environmental programs in Indian country, and throughout the United States. 2. EPA s work with federally recognized tribes/tribal governments on EJ. 3. EPA s work with indigenous peoples (state recognized tribes, tribal members, etc.) on EJ. 4. EPA s coordination and collaboration with federal agencies and others on EJ issues of tribes, indigenous peoples, and others living in Indian country. U.S. Environmental Protection Agency 3

Policy Content Seventeen (17) Principles - Spread Across the Four Focus Areas - Direct Implementation (7) - Engaging Federally Recognized Tribes (3) - Engaging Indigenous Peoples (4) - Intergovernmental Coordination (3) Accountability - Identification of Environmental Justice Tribal and Indigenous Peoples Advisors for each program and regional office Definitions - (8) words or phrases defined (EJ, tribes, indigenous peoples, etc.) Implementation Tools - (14) tools identified (EJ Legal Tools, EJ in Permitting, etc.) U.S. Environmental Protection Agency 4

How does this Policy Affect EPA s Working Relationships I. Federally Recognized Tribes II. Confirms EPA s commitment to work with tribes on a government-togovernment basis when issues of EJ arise Clarifies EPA s intention to work with tribes to help them build capacity to address issues of EJ Recognizes that tribes have environmental and public health/ej interests outside of Indian country Acknowledges EPA s responsibility to work with all parties in Indian country who raise issues of EJ Indigenous Peoples (community-based/grassroots, state-recognized, etc.) Clarifies EPA s commitment to be responsive to their EJ concerns Indicates EPA s intention to proactively engage them U.S. Environmental Protection Agency 5

Policy Challenges Ensuring proper coordination and collaboration between the EJ and tribal programs, particularly in the regions. Improving the EJ program staffs understanding of federal/epa and tribal relations, and history of these relations. Improving the tribal program staffs understanding of the federal/epa EJ program and effective engagement with communities and individual citizens. Ensuring effective engagement and communication with tribal governments on EJ issues, which they raise and others raise. Improving HQ and regional program staffs involvement of the public in in the Agency s decision-making processes in Indian country. U.S. Environmental Protection Agency 6

Environmental Justice Small Grants & EJ Collaborative Problem-Solving Cooperative Agreements 2013 EJ Small Grants - 8 tribes and tribal organizations awarded grants - $30,000 each ($240,000 total) - $1.5 Million for the program 2015 EJ Small Grants - 3 tribes or tribal organizations - Focusd on climate justice work - $30,000 each, $1.2 Million for the program 2014 - CPS Cooperative Agreements - 1 tribal organization awarded - 1 consortia with a tribe awarded -$150,000 each, out of $1.5 Million 2016 CPS Cooperative Agreements - projects to be awarded soon - $120,000 each - $1.2 Million for the program U.S. Environmental Protection Agency 7

What is it? EJ SCREEN A geospatial data tool created by EPA to consider EJ in agency work. Based on nationally consistent data and an approach that combines environmental and demographic indicators in maps and reports. What does it do? Allows users to access high-resolution environmental and demographic information for locations in the United States, and compare their selected locations to the rest of the state, EPA region, or the nation. U.S. Environmental Protection Agency 8

How is it used by EPA? EJ SCREEN Screen for areas that may be candidates for additional consideration, analysis or outreach as EPA develops programs, policies and activities that may affect communities. EPA is sharing the tool with the public: to be more transparent about how we consider environmental justice in our work, to assist stakeholders in making informed decisions about pursuing EJ, and to create a common starting point between the agency and the public when looking at issues related to environmental justice. U.S. Environmental Protection Agency 9

Examples of EPA s Engagement with Tribes on EJ Region 6 Grants Mineral Belt U.S. Environmental Protection Agency 10

Engagement with Tribes on EJ - Continued Cherokee Nation Environmental Protection Commission (EPC) U.S. Environmental Protection Agency 11

Examples of EPA s Engagement with Indigenous Peoples on EJ Region 6 Regional EJ Workshops-New Mexico, Louisiana and Oklahoma U.S. Environmental Protection Agency 12

Engagement with Indigenous Peoples Continued Tribal Community Priorities U.S. Environmental Protection Agency 13

Taking EJ to the Next Level Build on foundation of Plan EJ 2014 Maximize current opportunities for positively impacting communities Chart path forward for better environmental outcomes and measurable reduction of disparities 15 U.S. Environmental Protection Agency 14

Environmental Justice 2020 Is EPA s strategic plan for environmental justice for the years 2016-2020 Builds on the foundation of EJ 2014 and thirty years of work by communities and partners Takes environmental justice to the next level EJ 2020 Overview Presentation 16 U.S. Environmental Protection Agency 15

EJ 2020 Action Plan By 2020, we envision an EPA that integrates environmental justice into everything we do, cultivates stronger partnerships (with Tribes) to improve on-theground results, and charts a path forward for achieving better environmental outcomes and reducing disparities in the nation s most overburdened communities. Achieving this vision will help to make our vulnerable, environmentally burdened, and economically disadvantaged communities healthier, cleaner and more sustainable places in which to live, work, play and learn. EJ 2020 Overview Presentation 17 U.S. Environmental Protection Agency 16

Goal 1 Deepen EJ in EPA Programs Institutionalize EJ in rulemaking through guidance, training, monitoring, evaluation, community involvement & rigorous assessment of EJ analyses Establish framework & tools for considering EJ in EPAissued permits; Design & implement joint learning process with regulatory partners Direct more enforcement resources to address pollution & public health burdens from environmental law violations & undertake strategies in 100 overburdened communities Implement EJ Research Roadmap to develop tools for a stronger scientific basis for action on EJ & cumulative impacts as well as research to inform cumulative risks EJ 2020 Overview Presentation 18 U.S. Environmental Protection Agency 17

Goal 2 Work with Partners Work collaboratively with states and local governments to identify best practices, support learning, foster crossprogram planning and establish shared expectations Support communities through best practices for communitybased work, including community revitalization efforts Advance EJ in federal agencies through integrating EJ in the NEPA process & addressing impacts from the goods movement Implement EPA Policy on EJ for Working With Federal Recognized Tribes and Indigenous Peoples EJ 2020 Overview Presentation 19 U.S. Environmental Protection Agency 18

Goal 3 Demonstrate Measurable Progress Work to eliminate disparities in childhood blood lead levels Achieve air quality that meets fine particle pollution national ambient air quality standards for low-income populations Work to ensure all people are served by community water systems that meet healthbased standards, particularly small and tribal systems Reduce human exposure to contamination at hazardous waste sites, with focus on minority, low-income & vulnerable communities EJ 2020 Overview Presentation 20 U.S. Environmental Protection Agency 19

EJ 2020 Action Agenda Chapter 9 Tribes & Indigenous Peoples Action 1.1: EPA will seek to identify and work to address tribes and indigenous peoples EJ concerns when directly implementing environmental programs in Indian country and throughout the United States. Action 2.1: EPA will encourage tribes to develop written procedures to ensure meaningful involvement and fair treatment of the public in the development and implementation of federally authorized environmental programs (Indian General Assistance Program Indicator B.2.6), as well as their own environmental and public health programs. Action 3.1: EPA will provide training to increase public participation and input in EPA s work. Action 3.2: EPA will improve its responsiveness to the environmental and public health concerns of indigenous peoples. Action 4.1: EPA will seek to work with other government agencies (federal, state and local), in partnership with interested tribal governments, to effectively respond to the EJ concerns of tribes and indigenous peoples U.S. Environmental Protection Agency 20

Key Anticipated Results Improve on-the-ground benefits for overburdened communities Institutionalize EJ in EPA decision-making Robust partnerships with states, tribes & co-regulators Strengthen ability to take action on EJ & cumulative impacts Better address complex national environmental justice issues EJ 2020 Overview Presentation 22 U.S. Environmental Protection Agency 21

Timeline Draft EJ 2020 Framework April 2015 Final Draft EJ 2020 May 2016 Public Comment Period (May 23, 2016 to July 28, 2016) Tribal Consultation Period (June 2 July 18, extended to July 28) Final EJ 2020 Plan Fall 2016 EJ 2020 Overview Presentation 23 U.S. Environmental Protection Agency 22