DRAFT MEETING MINUTES

Region 10 Tribal Operations Committee Quarterly Meeting

April 9-10, 2018

Coeur d’Alene Casino Resort Hotel Worley, ID

SUMMARY

All meetings took place in the Ponderosa Room, the 2 days prior to the Tribal Environmental Leaders Summit. Tribal Caucus meeting was from 8a-2 on 4/9. Regular meeting of RTOC took place from 2-5pm on 4/9 and continued on 4/10 from 8a-12. Tour of Lake Coeur d’Alene was from 1- 5pm on 4/10.

ATTENDANCE

RTOC Members Sam Penney-ID, Aaron Miles-ID alternate, Joe DeLaRosa-OR alternate, Shallee Baker-WWA, Sam Phillips-WWA Alternate, Elizabeth Sanchey (Co-chair)-EWA, Noelle Saluskin-EWA alternate, Ray Paddock-AK2, Eunice Brower-AK2 alternate, Brian Holter, Jr-AK1, Billy Jean Stewart-AK1 alternate, Lance Whitwell-AK3, Robert Myers-AK3 alternate

NTOC Members Tom Robinson-AK1, Billy Maines (Chair)-AK2, Lee Juan Tyler-EWA/EOR/ID

Excused Dean Adams-OR RTOC, Kelly Wright-EWA/EOR/ID NTOC alternate, Chris Price-AK1 NTOC alternate, Willie Frank, III- WWA/WOR NTOC, Debra Lekanof-WWA/WOR NTOC alternate

EPA Members Winona Wilson- R10 Sr. Tribal Policy Advisor, Dan Opalski- R10 Director Office of Water & Watersheds, JR Herbst- R10 RA Division Tribal Specialist, Stacy Murphy- R10 Manager Tribal Trust & Assistance Unit

Guests Virginia ??, Sheo ??, Danny ?? (from Ambler, Alaska), Dory Sheldon, Erin Chancellor- EPA Administrators Office in DC, Jim Zokan- EPA R10 Tribal Coordinator for Idaho

EPA Presenters Lisa Macchio- ??, Lindsay Guzzo- ??, Rebecca Roose- EPA National, Program Analyst Office of International and Tribal Affairs Felicia Wright- EPA National, AIEO Acting Director

ACTION ITEMS

  1. Sam Penney will send Rick some organizational documents to assist in developing the RTOC policy and procedures in September.
  2. Randi Madison will post attachments to RTOC website and distribute to Tribes.

ATTACHMENTS

  1. Upcoming comment opportunities, grants & conferences in Region 10
  2. Tribal Hot Topics & Budget
  3. RTOC Standing Issues Table
  4. RTOC High Priority Projects Table
  5. Gap Guidance Evaluation and Desired Outcomes

MINUTES

MONDAY APRIL 9, 2018

MORNING SESSION

8:15 AM Call to Order, Prayer & Welcome, Roll Call, Billy Maines

I. Tribal Chair & Vice Chair Reports, Billy Maines

  • Reported that the newly hired RTOC Coordinator, Kate Schaberg quit, effective immediately on Monday April 2, 2018. Randi Madison will be filling in as the interim Coordinator until position is filled.

II. Policy Analyst Report, Rick Eichstaedt

  • Reviewed handout (attached) of upcoming comment opportunities, grants & conferences in Region 10.
  • FY 2018 Tribal 319 grants (www.grants.gov)
  • Pebble Mine comments (

III. Grant Administrator Report, Andy Duanu

  • Reviewed Consortia budget, payroll delivery issues, and finances

IV. TELS Update, Carm Bohnee

  • 224 people registered, more expected for on-site registration
  • Reviewed nominations and voted on recipient for Tribal Environmental Excellence Award.

V. 9:15 AM Ray Paddock called for an Executive session, session was enacted

VI. 10:00 AM Executive Session Concluded / Announcements made

  • September meeting: will have a moderator/facilitator to begin process of reviewing the Operations Guidance. Sam Penney will send Rick some organizational documents.

VII. Focus Session I: Washington, Idaho, Oregon

Yakama Nation
  • Elizabeth Sanchey: Cultural site on the hillside (Rattlesnake Ridge) wherein mining activities have created a land slide at a rate of 2 feet per week. This is an environmental justice issue. She stated that consultation is meaningless if the decision from EPA has already been made. Tom Robinson mentioned that it is an informed consent issue. Sam Penney referred to Definition of Indian country code 1150.
Shoshone/Bannock Tribes
  • Lee Juan Tyler: Gypsum stack re: Simplot. Proposed legislation re:Federal Lands exchange Act.. Same type of issues as Yakama Nation, sacred sites. Treaty rights violated. Developing and destroying federal lands.
  • Lee Juan: Second concern is Hills Canyon water quality standards. A river passes through and near superfund sites, contaminating water into the Snake River, springs, etc.

VIII. Focus Session II: Alaska

Native Village of Nuiqsit
  • Eunice Brower brought up contaminants to drinking water source due to hydro-fracking. Questions regarding process of addressing this and the concerns of the village. NEPA. Rick Eichstaedt suggested she send him information and he would assist in this process.

MONDAY APRIL 9, 2018
AFTERNOON SESSION

I. EPA Region 10 Updates

Michael Szerlog,
  • Chris Hladick will join us tomorrow morning. He will be doing a tour of the area to meet with some of the Tribes in Northern Idaho and Eastern WA.
  • TEK Training was held last month. Lee Juan Tyler attended. Important for EPA to have this training and understanding to effectively work with Tribes.
  • Dean Adams will be the new E-enterprise representative for Region 10.
  • Transboundary mining interagency workgroup to evaluate current frameworks has conducted various outreach activities and will continue to do so. Patty McGrath is the regional EPA coordinator for contact.
  • Pebble Mine: May 11, 2017 – Settlement agreement, withdraw the 404C process. Feb 28, 2018 - it was decided NOT to withdraw the process, public comment will be coming open soon regarding this decision. Pebble Limited Partnership has submitted permitting and it is under review. Before any final decision, EPA has until May 20, 2021 to review input from the public.
Discussion
Virginia Guest: What is the federal responsibility to the tribes? The consultation policy.
Billy Maines: RTOC has worked hard to reinforce the issue of 1:1 consultation, we have been doing good regionally. Felicia Wright of AIEO is in attendance, to take the message to EPA Headquarters.
Elizabeth Sanchey Addressed AIEO: Tribes are frustrated. As far as consultation is concerned, we are not just a box to check.
Sam Penney: Who is making the decisions, Regional offices, or Administrator Pruitt? As far as we know, non-informed decisions are being made by National office.
Stacy Murphy
  • FY19 grants update
  • GAP Trainings: For the last 3 years, EPA has been holding GAP trainings with lower turn out. Want to utilize our resources, there is a training team to deliver Region 10 training in Anchorage in December of 2018. Will offer beginning, intermediate and advanced trainings. Discussion and input given from RTOC members. Suggested to keep involved with AFE, ATCEM and BIA providers conference. There is an entire suite of training deliveries that will be offered. Currently mapping out all of the options. Susan Conbere and Lance Whitwell met, they suggested holding one at the the Tanana Chiefs Conference. Other people wanted to see more regionalized meetings, ie: set up by project coordinators. Susan is a member of the planning team. Billy Jean Stewart mentioned that it is extremely beneficial for PO’s to come out to villages to see.

II. Region 10 WQS Update, Lisa Macchio & Lindsay Guzzo

  • Idaho: Still doing tribal consultation in the region. Chris Hladdick, et. al. were at Nez Perce in Feb. April 11 roundtable. Today Chris is meeting with Kootenai tribe to discuss a range of topics. Chris and Angela Chung, met with David Roth AA of Water to discuss HH related WQ issues.
  • Washington: Petition received from industry groups of repeal of ?. Have not responded to this petition. Continue to work with the State to use advanced technologies for implementation standards, ie: variances.
Questions
Billy Maines Computer based hearings? Will Region 10 EPA have any comments to headquarters on this issue? RTOC will be making comments on that. Suggested EPA to contact Rick Eichstaedt.

Lee Juan Tyler Want to make sure the WQ standards team is active in restoring the Idaho contaminated waters.

III. EPA American Indian Environmental Office Updates, Felicia Wright

  • AIEO focus has been feeling out the new political appointees coming in. New AA’s in all of the offices. All regions filled with the exception of Region 9. In the discovery process of policy and procedure with each region, tracking done at the senior level.
  • Feb 12 EPA finalized the Strategic plan. Thousands of comments received. Made sure the tribal element was there, educating the new team and educating them on 1984 Indian policy, consultation, etc. This policy lays out all of the essential ways the agency interacts with the tribes. It also recognizes the Consultation and Treaty rights policy.
  • The departments is probing, pushing and encouraging the kind of discussions that support tribes. This administration has a strong emphasis on measurements. Consultation policy held first and foremost. How: trying to make sure it is occurring where appropriate. Finding out the barriers, to help overcome, and upholding policy.
  • Direct implementation of Strategic Plan: Critical look at how they are doing for Indian Country. Starting a cross-agency examination of databases, is tribal data discernable in this, working program by program to point out room for improvement. Better data = better results and better communications with tribes.
  • Want to improve: Communications, sharing information, what the agency is doing, communicating successes and efforts of tribes.
Question
Ray Paddock: What data are you referencing? Answer: Facility data, national database. Where is it in relation to Tribal boundaries? Where does EPA have direct implementation? Starting with the database managers at EPA headquarters. How good is the data? What are the potential solutions to improve this data? Looking at an ap using Tribal Identifier code. Request made to share this information re: the ap.
  • WQS re: Fish consumption. Decision made to ?… Very big news.
  • Treatment as a Soverign: Applications coming in, decisions are being made. Four were received in the last 2 weeks.
  • Still firmly believe in baseline water quality standards. We want to build it up, so it makes it easy to say yes.
Question
Sam Penney How do tribes fit in the concept of cooperative federalism? Tribes are part of it – statues – meant to provide regulatory authority in ways that EPA can delegate to the states and tribes. EPA works under national statutes with tribes that want that authority. It reflects Gov’t to Gov’t responsibilities. Noted that at NTAA, a number of tribal groups laid out what cooperative federalism means to the tribes.
  • Eunice Brower Hydro-fracking issue. State won’t look at WQS because of the permafrost. Concerns of the village. States don’t do the monitoring and sampling, water and air – contaminants are increasing. No reports, monitoring or enforcement on the industry. Sometimes reports go to the industry first, then they change it, and then send it to the tribe. Subsistence community. Wildlife and fish are affected, permafrost melting. Xylene and Benzine already in the water.
Comments:
Billy Maines: What ever happened to the hydrofracking workgroup at EPA? Emphasized the role of AIEO is to support the NTC. If the NTC disappears, so should AIEO. We want our AIEO back, we want to have our meetings, we want to work toward a bright future.
Felicia Wright: AIEO is having a meeting at the end of the month. We enabled the NTC meeting last ??. Common issues paper was created by NTC, NTOC charter. Some of the issues were the unknowns with budget with the new administration. Look forward to frankness and honesty at the meeting in April. What are the pros and cons on how AIEO is supporting the NTC. Next year is the 25th anniversary of the EPA supporting the NTOC.
Lance Whitwell re: changing industry reports- has witnessed and seen these altered reports by industries, using Nuiqsit as an example, of how industries state no wildlife has been affected. It’s sickening.
Michael Szerlog: EPA has seen some of these things as well. We will address it.
Ray Paddock: Take matters into the tribe’s hands to create baseline studies.
Tom Robinson: State primacy, re: NPDES process. Water is ruined. Concerns with oversight for states – where is the action?

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DRAFT MEETING MINUTES

IV. Focus Session III: GAP Guidance, Rebecca Roose

  • This is the first face to face RTOC discussion on this evaluation. Two-page handout given. Shared with the NTC in Dec. There are very meaty discussion questions in the handout.
Recommendation to go in-depth on these discussion questions and give them each ample time. Continue gathering information. What are obstacles, etc.
  • The process: First phase, capturing the tribal perspectives. Consultation May-July, 2018. Listening, asking probing questions, getting input from tribes. Later in 2018 second consultation, then consult on possible changes in fall of 2018. Set up for making changes to the Gap Guidance in 2019. Brian Holter reminded that this is also during reporting and to try and avoid stacking too many deadlines at once.
  • AIEO knows it is vitally important to tribes. It is also important to AIEO.
  • Desired Outcomes (see handout) What is it for? What does success look like?
Comments
Brian Holter Jr.: Climate change effect on solid waste/ groundwater. Backhauling funding is vital.
Rick Eichstadt: Should we move away from the guidance all together? The guidance is inconsistent with the cooperative federalism strategy. Noted by Rebecca Roose, sources of law, weight of law, paying a lot of attention to this. EPA is committed to have some form of Gap Guidance regardless.
Billy Jean ETEPS a lot of work. However, things are changing so rapidly, now how can we use funds for new things that pop up beyond the scope of the ETEPS? Recommended to change the name of GAP because it sounds like a social services program.
Billy Maines, Tribal Chair: Glad to hear Rebecca is taking her job seriously. When the Guidance came out, tribes had to stop running their programs. It’s called a guidance, period, not policy. Indian policy says to remove the roadblocks. ETEPs, Plans, additional restrictions that the gap guidance has been putting on to tribes. Holding tribes hostage to get whatever AIEO wanted. All happened before Felicia and Rebecca came on board, not to be taken personally, it is the history, and now you have to work with it. Due process, public hearing. Tribes want to work with their federal partners, not against them. Get rid of the guidance.
Elizabeth Sanchey, Tirbal Co-Chair Consultations are often held during peak harvest seasons for most tribes.
5:11 pm Adjourn
TUESDAY APRIL 10, 2018
MORNING SESSION
8 AM Call to Order & Welcome-Billy Maines RTOC Chair
Prayer Lee Juan Tyler RTOC Co-chairs

I. Opening Remarks by the Regional Administrator, Chris Hladick

  • Meeting with tribes in the region, Bannock, Nez Perce, Lower Elwah, Kootenai.
  • Met with AFE, NWIFC, UCUT, and soon consulting with CRITC.
  • TEK training on March 29. Powerful and valuable. Excellent reviews.

II. National TOC Reports

Western WA & OR (Willie Frank, III)
No Report
Alaska – Position 1 (Thomas Robinson)
  • Thank Senator Sullivan and Murkowski, alleviating responsible party issue with Alaska Natives (ANCSA) Underground storage tanks, and other contaminants left by the US military. WW2 lead coated copper wire, fishermen and Coast guard dumping batteries in the bay.
Alaska - Position 2 (Billy Maines)
  • IGAP was a capacity building tool, now what? Next steps to meet needs of tribes.
Idaho, Eastern WA & OR (Lee Juan Tyler)
  • Shared history of Sho Ban Tribe,

III. Regional TOC Reports

Idaho (Sam Penney)
  • Water Quality Standards, Indian Health Criteria, Portland Harbor, Section Dredging. NPDES, Stidmite Mine, Oil Transport, Barging 2012 Megaloads through Clarkston: Treaty Trust Responsibility must be upheld. State has no authority over the tribe, so Feds delegating to the state are not effective, and do no excuse Feds from working government to government with tribes. In many instances Tribes are helping the US govt accomplish the things they need to do.
  • Expressed need for clarity on who is making decisions at EPA, regional or national offices?
Oregon (Joe DeLaRosa, Alternate)
  • LMG Terminal Pipeline. 3 ft wide 200 miles. Concerned with bodies of water along the pipeline. Similar to NO DAPL. Indians already protesting.
  • Hells Canyon no passage, affected for life.
Eastern Washington (Elizabeth Sanchey)
  • Hanford. Russell Jim recently passed, who was an advocate against Hanford. Invitation to Erin Chancellor to tour the Hanford site and speak to the local tribes.
  • Raw Sewage: Wa St Ecology has been fining. Sewer overflow. Still happening
  • Fish running low already.
  • Rattlesnake Ridge landslide: EPA Spill response team was great. Since then things slowed down. 40 homes would be impacted. 2010 Yakama Tribe objected to this development, still went forward. Columbia Asphalt want to move to the reservation. Will seek government to government. They did receive a letter of consultation, but afraid EPA may not be able to help. We see it as an Environmental Justice issue, as the company has not owned up to digging into the side of the hill.
  • 3 of the dams on the Columbia River are leaking turbine oil: Dalles, Rocky Beach, and Rocky ?.
Western Washington (Shallee Baker)
  • Sewage over spills shut down fishing and clamming.
  • Climate Change Adaptation Plan: Affected by the wildfires, smog, low salmon runs, a lot of money is being spent on storm water management, ecosystem restoration, etc. caused by changing climate.
Alaska – Position 1 (Brian Holter, Jr.- Billy Jean Stewart)
  • Thankful to be here to address these concerns. Water, rising presence of PSP, change the way we gather. PSP distinguished from Red Tide. No abalone any more, in over 13 years.
  • Mining tailings having effect on Salmon runs.
  • Cruise ships and barges dumping waste waters into bay. Fecal matter affecting gathering. Older boats dump in the bays, and also boats bring in invasive species.
  • Offshore exploration and drilling a huge concern.
  • Fukushima still a concern. As time goes by it is still polluting our waters.
  • Marine Debris affecting pulling up pots.
  • Need more response by agencies to help us deal with these things.
  • Air quality issues. Black mold Burning practices, stoves, burn barrels
Billy Jean: Donlin mine, all about the $$. Ecosystems are confused, blueberries coming before salmonberries, etc. Seasons changing.
TKC Kalskag to Stony River. Kusko area. Donlin creek will go to villages and sweet talk them, telling them all will be so great. Fear of losing ourselves, our identities through losing our natural environment.
Alaska – Position 2 (Raymond Paddock, III & Eunice Brower)
  • Savoonga: Community health and safety, ship traffic, exhaust from the runway
  • Greenscreek mine, Admiralty Island studies showing high amounts of mercury in seal meat.
  • Hydrofracking affecting the permafrost infrastructure. Expanding from the Trans Alaska Pipeline to ANWR, to the NPRA. Trump Administration opening up ANWR and NPRA to development. Development expanding at a rate where the village can’t keep up with the comments and concerns from tribes people.
  • Offshore drilling. Remote area, arctic. Nuiqsit is greatly affected, and the impacts are not being acknowledged or addressed by the agencies, government, etc. Lies told from those agencies that there will be no effect – truth of the matter is that people are dying, people and children are getting cancer. Blowouts (2012) 20 chiildren sick, 10 medivaced out, elders sick and dying. Baseline date hard to obtain if any.
  • Hillcorp man made islands offshore drilling affecting subsistence.
  • Deisel engines not permitted or regulated. Idle and sit for 12 hours. Pneumonia, bronchitis. Twice the rate of other villages without an oil and gas presence.
  • Source of drinking water, contaminated by hydrofracking.
  • Ice changing: plan earlier, ice unstable, unreliable transportation, ice cellars will be obsolete soon with permafrost melts.
  • It hurts: Would like to re-designate their area as a class 1 area. Would like to see more protections, laws are not being followed, regulations, when companies evacuate for health reason, they only evacuate their own people, they don’t tell the local communities, we find out from facebook. It is a divided world. Corporations are the land managers, so they are notified, but tribal governments are not. Corporations do not inform the local tribal governments.
Alaska – Position 3 (Lance Whitwell)
No Report

IV. Closing remarks