ATTENDANCE

RTOC Elizabeth Sanchey EWA, Noelle Saluskin EWA Alternate, Raymond Paddock AK 1, Deilah Johnson AK 2, Sam Penney ID, Sam Phillips WWA Alternate, Joe DeLa Rosa OR Alternate

NTOC Chris Price AK 1 Alternate, Billy Maines AK 2, Deb Lekanof WWA/WOR Alternate (phone)

STAFF Rick Eichstaedt Policy Analyst, Randi Madison Communications Specialist, Andy Dunau (Day 3)

EPA JR Herbst R10 Tribal Consultation Specialist, Stacy Murphy TTAU Unit Manager, Ann Williamson R10 Associate Director RA Division, Joyce Kelly EPA R10 Chief of Staff

GUESTS Carter Price Youth representative, JoDe Goudy, Chairman Yakama Nation Tribal Council, Patricia McGrath, Mining Adviser EPA Region 10, David Allnutt, EPA Region 10 Office of Environmental Review and Response Director,Cindy Godsey, Environmental Engineer

ACTION ITEM

  1. TOC members outreach to tribes to encourage comments oninitial EPA Strategic Plan open to public around the end of June and soliciting comments. Planning a tribal call for mid-July. Week of July 10-12th. By mid-September should have fully fledged Strategic Plan.
  2. Deb Lekanof: Share report with Rick re: Chairman Cladoosby’s meeting with National EPA Administration to share with RTOC.
  3. Deilah Johnson will be added to the TEK workgroup.
  4. Randi Madison: Post Transboundary mining links on RTOC website under “Tools for Tribes”.
  5. Randi Madison: Help recruit an alternate for AK Position 2 (YK or Northern AK)
  6. Randi Madison: Research the Hilton and other options for Seattle meetings.
  7. JR Herbst: Send Randi new Tribal Coordinator assignments and new maps for the Ops guidance Appendix E.
  8. Rick Eichstaedt: Send out open comment opportunities. Send out position descriptions for support staff and prepare some documents that would enable the TOC to make good decisions. Create a template for RTOC TOC members to present to their tribe in request for $100 to contribute to the cushion fund.
  9. Sam Penney will send Randi samples of other agenda formats.
  10. Invite Orville Huntington to report systematically to the RTOC in meetings re: National Tribal Science Council (other organizations??)

NEXT AGENDA:

  1. Michelle will cover on next call: Bristol Bay (50,000 emails received and are forwarded to headquarters) Also will cover Administration’s restructure plan to be released in September
  2. July: Staffing/Contract/TLS planning Sept: Budget Session/ Operations meeting/ TOC Caucus on first day
  3. Randi will initiate the agenda for meetings and solicit input from RTOC and present to EPA for input.
  4. Add EELC update as standing report at meetings.

Day 1: Tuesday, June 20, 2017 (Yakama Legends Hotel Meeting Room)
Prayer, Welcome & Roll Call, JoDe Goudy, Chairman Yakama Nation Tribal Council, Billy Maines, Member Chief & RTOC Tribal Co-Chair Curyung Tribal Council
  • JoDe Goudy– Yakama Tribal Chairman gave a welcome, blessing, song, prayer and opening comments.
  • Roll call taken

EPA’s American Indian Environmental Office Updates, Felicia Wright, Acting DirectorEPA American Indian Environmental Office
  • Recent meeting with all Deputy regional administrators on Indian program in EPA: Goal was to discern what’s unfolding in the new administration based on priorities and discussions.
  • Pruitt is the only senate appointed person in the EPA. Susan Bodine also, heading the enforcement and compliance.
  • 3 principles: rule of law, cooperative federalism
  • TOSCA, Clean Air, Clean Water, detecting compliance, Inspection schedules, building a stronger more responsive EPA
  • Shift in communications: Seeing more of a focus on the communities, impact on the community – less focus on communicating EPA -stronger story
  • How can we take advantage of the principal of the Treaty agreement while encouraging participation from tribes? More dialogue, foster more understanding, acknowledge work of tribes.
  • Keeping close tabs on learning from Standing Rock re: Consultation with tribes. Continue to improve.
  • Conversations with Administration re: Alaska backhauling importance and fish consumption.
  • Treatment as a State
  • May 15 comment period on Exec Order 13777 ended: 446,000 comments on this issue. Dockett is still open, 200 comments were submitted from tribes. Waiting on next steps from office of policy. Asking for after sharing with OMB – if repeal, replace or modify AIEO pushing for administration to honor tribal consultation first.
  • In the last year of the previous Administration’s Strategic Plan. Initial Strategic Plan open to public around the end of June and soliciting comments. Planning a tribal call for mid-July. Week of July 10-12th. By mid-September should have fully fledged Strategic Plan.
  • Q: Sam Penney: How does the strategic plan fit in with the FY18 budget. A: plan will cover through 2020.
  • Q: Rick Eichstaedt: Increasing accountability for GAP? More process on tribes? A: No. Implementing what we have, more on EPA processes ie: GapOnline, how are we capturing capacity building? Looking at systems and operations.
  • Q: Ray Paddock: explain what kinds of programs and activities that tribes are important to conduct in their communities.
  • Billy Maines: My tribe is looking at you to be our Tribe’s champion. Stand up for us with funding. Stand up and say “No! Don’t cut, tribes are doing very important work with the little funding they get!” Response: We need a strong voice for tribes independently and strongly with EPA.
  • Deb Lekanof: Chairman Cladoosby reaffirmed with new administration to consult tribes. Thanks given to Felicia for getting that hearing.

EPA Region 10 Updates,Joyce Kelly, EPA R10 Chief of Staff
  • Ken Wagner was at R10: Michelle and Joyce spoke to him re: IGAP backhaul solid waste and tribal perspectives. Also AK Native infrastructure. t Pruitt planning a meeting with Senator Murkowski and Joyce and Michelle prepared information re: above. He stated he wants to visit EPA’s regional offices every 2 months. Hoping to send him to Alaska July or August.
  • Michelle will cover on next call: Bristol Bay (50,000 emails received and are forwarded to headquarters) Also will cover Administration’s restructure plan to be released in September.
  • Transition &Budget – Budget is a proposal and Congress will give final say. Preparing for cuts.
  • Senior Tribal PolicyAdvisor – still vacant. Hiring freeze still in effect.
  • Region 10 Tribal HotTopics (handout)
  • RTOC Standing IssuesTable (handout)
  • High Priority Projects List forTribes (handout)

Transboundary Mines (power point presentation) , Patricia McGrath, Mining Adviser EPA Region 10, David Allnutt, EPA Region 10 Office of Environmental Review and Response Director, Cindy Godsey, Environmental Engineer
  • Boundary between Canada and US in Southeast Alaska
  • EPA is involved in reviewing EAs and EIS, and select permitting. Comments provided focused on technical and process issues.
  • See slides for Process Schematic and current projects
  • Challenges: Appropriate gov-to-gov responses to comments and concerns, commitments to meetings in the US, mechanism for raising issues and resolving disputes, resource constraints
  • AK/BC SOC – Engagement with Tribes (see slide) The parties intend in their implementation to enhance their engagement with the Nisga’a ….
  • Draft communication plan. Draft DNR webpage.
  • Draft water quality monitoring plan
  • How Tribes can be involved: Participate on the EA Workgroup , in AK/BC MOU/SOC activities, request gov-to-gov consultation, share, contact Patty McGrath.

Hanford PUREX Tunnel Collapse, Dave Rowland, ERWM

Yakama Nation

  • American Energy Association (?) in 1965 decided to store waste material in the 2 tunnels that were originally created to bring fuel to the facility. These tunnels collapsed on May 9, 2017 over the toxic waste material.
  • Dave Rowland recapped the event timeline
  • Hazards: Cesium-137 at 10,127 Curies, Strontium-90 at 8,175 Curies, Americum-241 at 442 Curies, Plutonium at 2,460 Curies. Will be present in the ground for millions and billions of years before total decay.
  • 1971 ? created stating all waste after 1970 …. Hanford doesn’t apply.

Recovery Action: DOE is planning of filling the tunnel with grout to stabilize the tunnel and prevent another collapse. ERWM Program does not support the use of grout because it will prevent assessment of hazards within the tunnel and possible removal action.

Region 10 & TOC Traditional Ecological Knowledge Workgroup, TEK Workgroup Members

  • Report Out: Wynona Wilson gave an overview to new members of the goals of the TEK training development for R10 EPA staff. Outline was presented for the training. RTOC mentioned that EPA staff must recognize the sovereignty and uniqueness of each tribe and not to generalize. Also to request EPA staff to present FOIA information to tribes to allow them to make an informed decision on whether or not to share Traditional Knowledge.

Other points: Look at what OLEM has already done on the National Guidance created under Mathy Stanislaus. Affirmative information provided to tribes re: FOIA. Always check back with tribes about what EPA thinks they heard. Also moving the legal section up in manual closer to beginning.

Regional TOC Reports , TOC Members

  1. Idaho (Sam Penney) Resolved gas from ? Fishing for Chinook, all fishing closed on Clearwater River due to low runs. Fish have to go through 8 hydroelectric dams to get to them. Mining issues near McCall, ID tribe is opposed to that. Portland harbor cleanup. Hanford Reach national monument is up for cutting block from Trump Administration, wants RTOC to advocate for keeping this. Focusing on appropriators in House and Senate re budget.
  2. Oregon (Joe De La Rosa) Tribal Council in amendment of SB644 support restriction of mining. SB432 eastern Oregon counties to adopt comprehensive land use laws to operate outside of the state jurisdiction. Strong legal team mitigating with Bonneville re land use. DOJ rainbow gathering – protecting artifacts. Re: Paris Agreement: If tribes are interested please contact Elizabeth Sanchey of Yakima Nation. CCTIHA in SE Alaska is also signing on.
  3. Eastern Washington (Elizabeth Sanchey)In lieu of verbal report, Elizabeth will take us on a tour of Tribal lands reaching from the Reservation to the Columbia River. Topics covered a range of cultural significances in relationship to the environment and Tribal management of resources.
  4. Western Washington (Sam Phillips) Policy issues Hearst Decision: state supreme court found the cumulative impacts of exempt residential wells are not in compliance with ?? NWIFC highest astronomical tide?
  5. Alaska – Position 1 (Raymond PaddockIII) Contaminated Site program Angoon: EPA hold accountability for corporations and help in clean-up projects. Salmon enhancement funding, climate change adaptation funding, Regular updates on EPA budget processes,
  6. Alaska – Position 2 (Deilah Johnson) Climate change adaptation in Bering Strait Region, backhaul high priority in anticipation of funding ending, hazmat training and landfill training, leaning toward renewable energy, focusing on that rather than climate change. Looking for Alternate for RTOC.
  7. Alaska – Position 3 (LanceWhitwell) Absent due to family emergency.

National TOC Reports
  1. Western WA & Western OR (Deb Lekanoff)
  2. Alaska – Position 1 (Chris Price) Consent Decree?, Release of over 100 tons of Ammonia in their community, what’s being done for public health on that? Working through it. Renewable energy – involving and engaging new administration in infrastructure projects, AK State politicians are against EPA’s deep cuts to rural Alaska. Legacy of WW2 contamination is still an issue. Federal working group EPA/DOJ/I.H.S. encourage participation in this group. Rick Eichstaedt encourages tribes to contact businesses to also write letters.
  3. Alaska – Position 2 (Billy Maines) EO 13777 was a motion to set up tribes to fail. Almost all tribes stated “do not change anything”. Proud of Region 10. We are the example for the nation. It is scary times. We have to really push this time.
  4. Idaho, Eastern WA & OR (Ladd Edmo) Absent
3:45 pm Adjourn Day 1

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Edits made 7/8/17 ES, AW, RM

Day 2: Wednesday, June 21, 2017 All Day Yakama Nation Environmental Presentations & Tours
Day 3: Thursday, June 22, 2017 (Yakama Legends Hotel Meeting Room)
Prayer, Welcome & Roll Call, Billy Maines, RTOC Tribal Co-Chair Opening prayer from Chris Price.
Elections: Motion made to conduct elections in accordance with the RTOC Charter. Rick Eichstaedt RTOC Policy Analyst
  1. Billy Maines was re-elected as Tribal Caucus Chair and EizabethSanchey was re-elected as Tribal Caucus Vice Chair. They will serve for the next 2 years.
RTOC Policy Analyst Update
  • Comment period closed for Waters of the US rule. Feedback was given by Coquille Tribe and the NWIFC on the RTOC letter that was submitted. Comments will be incorporated and it is suspected that the Fed govt will be re-releasing for 30 day period for comment. Administration seeks to rescind current rule and adopt a new one. EPA must put forward 2 rules to rescind if any new rule is passed.
  • Suggestion made for Billy Maines to request a personal meeting with Ken Wagner (EPA Official in DC) who is visiting Alaska this summer.
  • Process on informing and soliciting tribes to submit comment letters on issues.
Comment Periods open:
  • CERCLA comment period extended to July 11, 2017.
  • Consultation on Waste and Debris Planning for Natural Disasters. Closing on July 28th.
  • FEMA consultation guidance is open August 29th.

Tribal Operations Committee Business, Tribal Caucus Only
RTOC Charter & Operations Guidance
  • No changes were proposed to the Charter.
  • Operations Guidance:
  • Discussed redistribution of Outreach maps
  • Better communication between Primaries and Alternates and outreach process to tribes
  • Add an all-TOC 1 hour WA/OR/ID caucus and 1 hour AK caucus time to agenda
TOC Priorities Document & Strategic Plan
  • Need to review in December after new elections
RTOC Administrative Consortium
Contractors vs. Staff
  • Discussed budgeting and staffing for the TLS Coordinator as well as for the Communications Specialist, Policy Analyst, Grant Administrator and possibly hiring an RTOC Director.
  • Sam Penney requested for Position Descriptions be proposed prior to making a decision on reorganization of staffing and contractors.
E-Enterprise Leadership Council Nomination Process & Environmental Coordinator:
  • Lucy Edmondson is the EPA representative for our region.
  • Billy gave an overview of EELC. Makeup is 10 state, 10 EPA and 10 tribal reps. There is a management board and a technical group. Joe DeLa Rosa expressed interest and before committing, will discuss with Billy.

2018 Tribal Environmental Leaders Summit Planning, Andy Duanu (Tribal Caucus Only)
  • Discussed need to begin planning and spending on the 2018 TLS budget. Proposal made to ask Coeur d’Alene tribe.
  • Approximately 400 people, make sure hotel can accommodate.
RTOC Consortium Business
  • Finance: Fund Budget and Cash Budget were presented by the Grant Administrator along with a memo explaining the budgets. Committee examined issue of setting up a cushion in the RTOC fund for expenses and also to reimburse Curyung Tribe for $900 of expenses incurred in setting up the Consortia.
  • Requests made on making the agenda more efficient, Sam Penney will supply samples to the Communications Specialist.

Meeting Wrap Up, Action Items, and Closing, Billy Maines, RTOC Tribal Co-Chair
1:50 pm Motion to Adjourn made by Elizabeth Sanchey. Seconded by Chris Price motion carried.

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Edits made 7/8/17 ES, AW, RM