1St Quarterly RTOC Meeting FY18

DRAFT MINUTES

1st Quarterly RTOC Meeting FY18

Dec 12-14, 2017

EPA Region 10 Headquarters

Seattle, WA

SUMMARY: Introduction of and welcome to the new Region 10 Administrator, Chris Hladick, and the new RTOC TELS Coordinator, CarmalitaBohnee. RTOC Oregon representative Dean Adams presented to the RTOC and EPA on his tribe, Burns Paiute. Senior Advisor to Administrator Pruitt, Albert Kelly was in attendance on day 3, providing updates and receiving feedback from RTOC members regarding Superfund Sites affecting Tribal lands and surrounding communities. Andrew Baca from the American Indian Environmental Office was in attendance and presented updates. First day focused on Consortia business, second and third day focused on EPA presentations and RTOC report outs to EPA.

ACTION ITEMS:

Communications Specialist:

Release the consortium meeting minutes and distribute for the RTOC to review and approve at the January conference call.
Work with Raymond Paddock to secure the sleeping rooms for the June meeting in Juneau. It will be a full meeting for Primaries and Alternates.Raymond Paddock will request the meeting space for the June meeting at the Sheraton.
Send out the new Quarterly Report form to each member in January, as well as the new email contact lists using MailChimp.
Randi will send out a reminder on social media to submit requests for GAP funding by Jan. 19th, 2018.
Add Aaron Miles and Carm to the booth admission for the Alaska Forum on the Environment for Feb 12-16, 2018.
ITEP is in Spokane August 14-17, 2018: request a booth for RTOC at this meeting, if anyone is interested in attending contact Randi Madison.

Policy Analyst:

Meet with Grant Administrator next week Dec 18-22, to put together the first draft for the FY19 Gap grant for RTOC and TELS.
Work with ElizabethSanchey to draft a letter regarding the impacts of the National Monument land reduction.

TELS Coordinator:

Billy asked if the NTAA, TRAP, NTSC, NTAA could travel to the TELS in April. NTAA will seek to accommodate that request. TELS coordinator will reach out with this invitation process.
Carm will reach out to the TELS planning committee to schedule a proposed directly following staff meetings at 12:30 AK time (Shallee, Kelly, Ray, all staff and chairs)

RTOC Chairs:

Michelle Pirzadeh will respond to questions and concerns that came up during RTOC report-outs by the January conference call.
Michelle Pirzadeh will make sure to get a copy of the Portland Harbor communications to Randi Madison to share and post on the website.

January Conference call agenda items:

Upcoming RARE Grant Opportunity and Update on Assessment of Road Dust in Alaska,
Implementation of online and paper forms for tribes to submit agenda items and for TOC members to submit Quarterly report-outs.

EPA Staff and Guests:

JR Herbst will provide Randi Madison with a digital copy of all handouts and presentations referenced in this meeting.
EPA (Paula VanHaagen and Winona Wilson) will follow up with Kelly Wright regarding his Superfund Project Officer and contractor agreement issues.
Paula VanHaagen will follow up on direct cost rates differ from what is applied for and what is awarded at finalization.

RTOC Members:

Please send any photographs taken with RTOC members to Randi via text or email.
Nez Perce (Sam Penney and Aaron Miles) will present a cultural presentation to the EPA in September 2018.
Lee Juan, Tom, Dean and possibly Willie Frank will be presenters for the EPA Traditional Ecological Knowledge training this spring in Seattle.

TUESDAY, DECEMBER 12, 2017

Attendance:

NTOC: Billy Maines, Lee Juan Tyler, Kelly Wright, Tom Robinson, Chris Price

RTOC: Raymond Paddock, Sam Penney, Dean Adams, Shallee Baker, Aaron Miles, Elizabeth Sanchey (via phone)

STAFF: Rick Eichstaedt, Policy Analyst, Randi Madison, CarmalitaBohnee TELS Coordinator, Andy Dunau, Grant Administrator

8:30 am Call to Order & Prayer

Roll Call & Approval of Sept-Nov Consortium Minutes – Tabled until tomorrow

Tribal Chair & Vice Chair Reports, Billy Maines

Update on hiring for RTOC positions. Hired CarmalitaBohnee as the Tribal Leader’s Summit Coordinator. Completed 3 interviews for the RTOC Coordinator position. A decision will be made after Christmas.

Policy Analyst Report, Rick Eichstaedt

Has been involved with the hiring process.
Andy meeting with Rick next week to put together the first draft for the FY19 Gap grant for RTOC and TELS.
Commenting has been busy: Round 3 of Waters of the US.
Last week Rick attended an EPA meeting on Lower Columbia River TMDL. Good representation from tribes. Temperature impacts of dams on Columbia and Snake rivers. EPA Water Quality physical model will demonstrate effects of dams on temperature.
FERC process going on to approve a Liquid Natural Gas pipeline in Depot Bay, OR. What can we do as an RTOC to help coastal tribes in this process. Lee Juan mentioned the interconnectedness of the 2 rivers and the vast impact this could have. Columbia River TMDL scope is somewhat limited – EPA response stated that there is already a TMDL for the rest of that expanse, done by the state of Idaho.
Elizabeth: Is RTOC going to submit a letter in support of the tribes that are suing the Trump Administration regarding the National Monument redifinition? Q: Are they taking comments? Yakama Nation wrote a letter of support for Hopi, Navajo, 2 Ute and Zuni in their process. We could write a letter to the Sec. of the Interior, Zinke on the Environmental and Natural resources side.
Financial Assurance: Continue to subsidize as tax payers the private mining efforts and the clean-up.
Billy mentioned the Senate Bill: Exempt or replace brownfields.
Fish Consumption: Maine promulgated good fish consumption rates, Maine is suing EPA, Trump said put on hold so he can undo, EPA said the litigation should proceed.

Communications Report, Randi Madison

Website: New pages – webinars, password protected log in page, file quarterly reports online or new form. Randi will send out the new form to each member in January.
Mailing lists: Created a list per representative on mailchimp, will send to Reps in January to begin building your contact list. This is a centralized location, enabling the Communications Specialist to manage the lists, and send out emails on Rep’s behalf when needed.

Grant Administrator Report, Andy Dunau

RTOC is in strong financial shape. Handouts: Year End GAP Financial Report, Budget Variance Report, Memo re: Financial Report
Encourages use of funds to enable scholarships to attend the TELS. Members suggested students, and Shallee Baker recommended adding fishermen to the list.

Open Discussion

Dates voted on and determined for the June meeting in Juneau, June 6-8, 2018. Raymond will request the meeting space at the Sheraton.

Meet & Greet with the Regional Administrator, Chris Hladick

Attendees in addition to above: Winona Wilson, Michelle Pirzadeh, Stacy Murphy, Andrew Baca AIEO, Ann Williamson, JR Herbst

Introductions and welcome
Issues brought up by the RTOC: Concerns regarding Consultations, Treaty Rights, Sovereignty, Treaty Reserve Rights, Water Rights, Pollution, Restoring balance between industry and protection of our environment, Transboundary Mining Issues, Radioactive Superfund sites being covered not cleaned.

RTOC Tribal Caucus/ Consortium Planning

Washington/ Idaho/ Oregon Focused Caucus
Alaska Focused Caucus
Staff Meeting: Andy and Randi met with Carm to do preliminary orientation.

Planning for upcoming meetings

2nd Quarterly RTOC Meeting (April 9-10, 2018)
2018 Tribal Environmental Leaders Summit (April 11-13, 2018)

Established the TELS Planning Committee of Rick, Ray, Shallee, Elizabeth, Kelly
Rick established a list of topics
Scholarships will be added to the budget
IHS 2020 – Sam mentioned that healthcare providers are often left out of environmental conferences, should extend invitations to Native Health system and include.
Possibility of asking ATCEM to email registrants to share about the TELS.
Don’t forget to advertise for the Environmental Excellence award.

2018 Alaska Forum on the Environment (Feb 12-15, 2018)

Randi Registered a Booth for the event, we have 4 spots for registrations. Rick, Randi and 2 spots are open. (Aaron Miles accepted offer to attend, we have 1 more spot for another lower 48 RTOC member, inquire with Randi if interested.)

Scheduling for attending other conferences ie:

ATNI Winter Convention January 22-25, 2018: contact Randi Madison if interested in attending
ITEP is in Spokane August 14-17, 2018: Randi will request a booth for RTOC at this meeting, if anyone is interested in attending contact Randi Madison.
Tribes in Region 9 want to work with Region 10 – Travel to other meetings? This is an option, depending availability of funds.

Preparation for Tribal Caucus Report Outs to EPA Leadership

5:00 pm Adjourn for the Day

WEDNESDAY, DECEMBER 13, 2017

Attendance:

NTOC: Billy Maines, Lee Juan Tyler, Kelly Wright, Tom Robinson, Chris Price

RTOC: Raymond Paddock, Sam Penney, Dean Adams, Aaron Miles

EPA: Ann Williamson, RA Ass Dir, Dan Opalski Policy Advisor to RA, Stacy Murphy, Winona Wilson, Acting Sr. Tribal Policy Advisor, JR Herbst, Michelle Davis

STAFF: Rick Eichstaedt, Policy Analyst, Randi Madison, CarmalitaBohnee TELS Coordinator

Presenters: Andrew Baca, AIEO, Lucy Edmonson, Margo Young, Mary Goolie, Chris Price,

8:30 am Call to Order, Prayer, & Opening Remarks

Roll Call & Approval of Sept – November, Sam Penney moved, Ray seconded, motion carried. – Nov Minutes amended by EPA and amendments were accepted.

EPA American Indian Environmental Office Updates, Andrew Baca

Presented an outline compiled by the Sr. Advisors of AIEO, Referenced the National Program Guidance and Strategic Plan

Pruitt testified to Congress, Andrew read some comments from that testimony

Back to basics: refocus to core mission, power back to states, adherence to rule of law
Collaborate more effectively, enhance federal protection and EPA will take over jurisdiction on tribal lands where tribes have not taken on environmental management.

Updates

Direct implementation: 3-legged stool: direct implementation, gov’t to gov’t and capacity development
Pruitt met with NTC in October, and he reaffirmed the 1984 policy on working with Indian governments
Staffing: Assistant Administrator is an appointed position, no current action to fill. Felicia Wright hired to be the Deputy Director, currently acting as the Director.
Implementation: Fed environmental programs in Indian Country. First task: deputy and RA comprise the Indian Policy Council (?). One area to focus on is direct implementation: narrative document that reflects it, a 20-page document. Intended to serve as a tool for EPA working with tribes. ETEP: Describe the roles and responsibilities of EPA. Document is located on the epa.gov/tribal.
EPA is working on responding to the comments on the Strategic plan, finalized in February.
NPM guidance: written to reflect the administration’s priorities
EPA consultation document: Currently implementing this including the treaty rights guidance. 1984 informed the threshold for this document. EPA went beyond the threshold. Open to hear improvements in consultation.
Sam Penney: Concern, conference calls and webinars are not sufficient as consultation. Stated satisfaction with Region 10 consultation, face to face, but the federal seems to be diverging from this. States do not have a trust responsibility with tribes but US federal government does. This greatly affects protecting the interest of our tribes.
Response: Acknowledged input, although not perfect, we try. Continue to brief the administration on consultation and concepts, trying to teach and educate.
Billy Maines: We want the person who is making the decisions to be there. Being in person is of utmost importance, there is too much of an ability for decision makers to disconnect whenon a screen. Communication happens with all senses.
Response: Sometimes the person who is not the final decision maker that is the best value for tribes to have in the room. Response: Then we are entrusting someone else to carry our message. It’s like playing telephone. We want to talk to the decision makers in person.
Alaska Tribal Budget Committee was formed with 13 regions, BIA/DOI, it was formed because tribes weren’t being heard affected by the Corporations. It is a mechanism for individual tribes to be heard. A seat at the table is important! Recommended that other tribes request consultation and get a seat at the table. It is not acceptable to allow other agencies and establishments to continue to make the rules. Some tribes do not allow for any other consultation except for in Tribal Council chambers.
Office of environmental regulation, working to reflect the data in the systems. Make sure the EPA’s data system is reflecting the information re: tribes in the same way. Ie: Name changes of tribes, tribal identification standards. Foundation for codes are the BIA codes. Seek to improve the data. Also, boundary data re: direct implementation. BIA led effort to do inter agency data continuity, BIA/Census/EPA, etc.
Lee Juan Tyler shared the concern regarding boundary definition and the sordid history regarding the US taking land, over and over. Also regarding taking without permission, issues regarding trusting the BIA and other “trustees”.
Andrew’s response: Feedback taken. Treaty rights guidance – what are the tools we have to understand off reservation rights, original lands, how tribes perceive. Royce diminishment maps are included in the database, to look at in making decisions, looking at treaty rights. Off reservation trust lands are included.
Kelly Wright: Pruitt said 50% of the budget will go to the states, have yet to hear how much money tribes will be given. Idaho does not see eye to eye with the Sho-Ban Tribe, how is this going to affect us? Tribes do not limit themselves to US determined boundaries. Now lands are being handed over to States. History of industry polluting directly on Indian Lands. When is action going to happen to convince Tribes that what you say, “want to work with Tribes”, without all the talk?
Andrew’s response: Impacts to tribal programs in funding. Work with CFO, portions directed specifically to tribes. Tribes receive a percentage of what is allocated to State programs. AIEO is doing their best to convince the EPA and advocate for tribal funding.
Tom Robinson: Contaminated lands need to be document. Tribes are absorbing the cost to update data, there are no templates from BIA, or BLM. Where is the primacy? Disconnect between tribes in AK and the state of AK. Sitting on a 75-year-old program. We can’t just keep putting a blind fold on and think it’s going to go away, same with Idaho. We will safeguard the 2/3 of Alaska.
Response: Those are critical issues, we are engaging with our counterparts, BIA admits they are well behind. Working to enhance data with all tribes, has impacts on census, land management, and regulation regarding jurisdiction issues.
GAP and ETEP’s
FY17 funding level for GAP 64.3 million. FY18 presidential budget request was 49 million. EPA under a 14-day continuing resolution. Loaded through Dec. 22nd. Based on the 2017 enacted budget – .6791% reduction. Approx. a 60 million total.
Guiding principles memo issued in Sept. of 2017, how EPA will administer GAP funds. Outlined high level definitions on approaching decisions. Developed in conjunction with the new Administration. Working to make sure that cooperative federalism includes Tribal Governments.
GAP notice of funding announcements.
Is looking at the GAP Guidance document as a result of an action item taken from the NTC meeting in Oct. Meeting with the NTC on the process itself, 2 consultation periods and a tribal steering committee.
Rick Eichstaedt: AFE is coming up in Feb, may be a good place to seek input on Gap guidance. Also, Tribal Water Quality Standards update request. Office of Water has an acting Administrator, in a delay because of senate confirmations.
Chris Price: Solid waste management in Alaska is underfunded even with the increase given.

E-Enterprise Updates, Margo Young and Lucy Edmondson

E-Enterprise is a model for co-regulators, EPA/states and tribes, streamlining data exchanges and leveraging technology for higher effectiveness.

Randi Madison requested a 30 second elevator speech to communicate to tribes re: opportunities to participate on the committees, as well as in voicing concerns regarding the model.

There are leadership opportunities:
EELC (E-Enterprise Leadership Council) Senior Leadership from USEPA, States and Tribes 10 reps from each constituency (1 tribal rep from each region)
EEEC (E-Enterprise Executive Committee) Small representative set of EELC members who decideon issues as requested by the EELS. Approve agendas.
MB (E-Enterprise Management Board) Managers and staff from USEPA, States and tribes that oversee E-Enterprise and Network Exchange projects
IOT (E-Enterprise Interoperability and Operations Team) IT experts from USEPA, States and Tribes that provide technical expertise and operations maintenance for projects. Oversee data flows for the Exchange Network.

EPA Brownfield Tribal Response Programs, Mary Goolie

Contaminated lands conveyed under the Alaska Native Claims Settlement Act.

In 2016, the Bureau of Land Management released an updated Report to Congress on the status of contaminated lands conveyed under the ANSCA. Congress had directed BLM to include an inventory of contaminated sites, the cleanup status of the sites, and details on how the Department of Interior intends to complete cleanup of each site.
The BLM worked with the multi-agency Alaska Statement of Cooperation (SOC) contaminated lands work group (which comprised Alaska Department of Conservation and several federal agencies) and with Alaska Native stakeholders to develop the inventory.The report, however, acknowledges that only a portion of Alaska Native Corporations have contributed to developing the inventory and further work needs to be done.
The report provides the most comprehensive inventory to date of known contaminated sites on ANCSA lands. BLM asserted in the 2016 report that it acted solely as the federal government’s “real estate agent” and that only the ADEC and the EPA have authority to compel cleanup on ANCSA lands.

2016 report recommendations