Alaska Inter-Tribal Council : Advocating for Alaska Tribal Governments

Greetings Honorable Tribal Leaders & Councils,

EPA Region 10 Tribal Program is drafting practices and procedures for government-to-government consultation. The EPA is requesting input from Tribal Governments for new Tribal consultation procedures. AI-TC volunteers have studied the “draft procedures”, & identified multiple areas that significantly violate Tribes legal right to government to government consultation.

The draft document for the Tribal Consultation Procedures is over 45 pages. AI-TC has now posted this document on the front page of AITC.ORG. If you are unable to download this document, please call AI-TC and we will work to provide you with a copy of this document.

Specific concern is related directly to page 16 #III,
Titled “Consultation with Alaska Native Corporations”.

### EXERPT

The Consolidated Appropriations Act of 2004, enacted into law by PL 108-199 Section 161 and as amended in 2005, requires the Director of the Office of Management and Budget to “consult with Alaska Native corporations on the same basis as Indian tribes under Executive Order No. 13175.” An amendment to the 2005 Appropriations Act extended the requirement to include all Federal Agencies.

EPA will consult with Alaska Native corporations pursuant to E.O. 13175, as required by the legislative mandate referenced above. It is important to note, however, that the threshold which triggers consultation under E.O. 13175 may differ from that of other EPA policy, particularly the 1984 EPA Indian Policy, which guides EPA work with federally-recognized tribes. There may be instances where EPA Region 10 invites consultation from a tribe but not from an Alaska Native Corporation. The EPA Project Lead should work with the Office of Regional Counsel in situations where the distinction is not clear.

### END EXERPT

These draft consultation procedures seek to subvert the sovereign authority of the Tribes, and provide government-to-government consultation to the ANCSA corporations instead.

AI-TC REQUESTS THAT ALL TRIBES CALL THE EPA OFFICERS BELOW AND:

“REQUEST AN APPOINTMENT TO CONSULT ON THE DRAFT Tribal Consultation Procedures”.

Also, Tell EPA Region 10 that ANCSA corporations are not Federally Recognized Tribes. Corporations cannot speak for the Tribes.

Remind the EPA that AITC Resolution 1995-028 clearly states that Tribes alone have the legal right to speak for the people.

Contact:

Wenona Wilson, Tribal Consultation Specialist
wilson.wenona@epa.gov 206.553.2148

Jim Woods, Senior Tribal Policy Advisor
woods.james@epa.gov 206.553.6358

Attached Below is the Draft Procedures from the EPA