v.2 DRAFT MINUTES (updated RM/SP/R.Myers)

EPA Region 10 Tribal Operations Committee RTOC Primaries Invited

Quarterly In-Person Meeting

Spokane, WA

September 19-21, 2017

Conference Call-In: (641) 715-0632 code 993885

Or toll free: (844) 844-0065 same code

Davenport Grand Hotel

ATTENDANCE

NTOC: Chris AK 1, Billy Maines AK 2, Lee Juan Tyler EWA/EOR/ID

RTOC: Raymond Paddock AK 1, Deilah Johnson AK 2, Robert Myers AK 3 Alternate, Dean Adams OR, Sam Penney ID, Elizabeth Sanchey EWA, Shallee Baker WWA, Noelle Saluskin EWA Alternate

EPA: Ann Williamson, Lisa Castanione, Michelle Davis, JR Herbst, Michelle Pirzadeh, Stacy Murphy

SUPPORT: Randi Madison RTOC Communications Specialist, Rick Eichstaedt RTOC Policy Advisor,

ACTION ITEMS

  1. TOC Members-- please help recruit for the 2 new positions at RTOC: RTOC Coordinator and the TELS Coordinator. Also, spread the word on the AK position nominations for 1&2.
  2. Website: Randi will update the website to include an online form for tribes to submit.
  3. AIEO will give a short presentation on EPA’sthe Strategic pPlan at our October 19 RTOC Conference call.
  4. Reschedule TEK workgroup meeting within the next few weeks. Michelle will work with Randi to schedule before the next conference call.
  5. Create an interview panel for hiring new positions.
  6. Communications Specialist: Update website with new positions, nominations, add backhaul and vessel traffic presentations.

SUMMARYRegular quarterly meeting in conjunction with Affiliated Tribes of Northwest Indians Fall Convention. Attended 1 day of the convention on Tuesday, Sept 19 and held meeting on Sept 20-21 at the Davenport Grand hotel. Held our first focus groups for TOC members for Alaska, and one for WA, ID, OR focusing on outreach strategy and hot issues. Presentations on Alaska Backhaul, EPA Water Quality Standards, vVessel traffic/fossil fuels, EPA AIEO Updates, and Tribal Caucus report-outs.

RTOC Business

  • RTOC Charter & Operations Guidance: No changes
  • Hiring for RTOC Coordinator and TELS Coordinator: Rick handed out job announcements for these positions and encouraged members to spread the word;, hiring is now open.
  • Upcoming 2017Tribal Operations Committee Elections

Backhaul AK Update, Gabriela Carvalho(see pPowerpoint or

Tribal Solid and Hazardous Waste Program

EPA Region 10

  • Currently, there is no safe way to discard hazardous waste in rural AK Cclass 3 landfills.
  • Backhaul Alaska is a program that coordinates waste backhaul, serving any community in the state who is responsible for backhaul.
  • There is a development team evaluating the right entity to run the program, possibly the Denali Commission.
  • Currently, waste is barged to Anchorage and then to Seattle for disposal. There is a future possibility to tap into new infrastructure development.
  • The pilot program will reveal provide a good assessment that will help of refineing the 10 year roll- out plan.
  • This program will not affect, integrate or augment the current $30,000 backhaul program tribes and villages currently receiveuse.
  • See website for information on how villages can participate in the pilot program.
  • R10 EPA will present this information at ATCEM this year, and again in March.
  • WA, ID and OR have a new Tribal Solid Waste liaison, Rick McMonaogleul.

EPA Region 10 Water Quality Standards Update, Matthew Szelag

Acting Unit Manager,

EPA Region 10 WQS Unit

Alaska update: State contained technical workgroup. Working on summarizing recommendations, released to public near the end of the year. EPA found contractor funding through headquarters, reviewing analysis (AKDEC and AK Fish and Game), harvest data 2008-2014;, EPA will translate this data in fish consumption analysis.

Idaho update: Submission from state to revise human health criteria. CWA review of this package. Meeting with Idaho tribes re: next steps in this process. Driven by mainlitigation, on hold until Dec. 8, at which EPA will tell the court the recommended changes. Decision- makers interested in relevant information related to Idaho before making decisions.

  • Lee Juan Tyler stressed the very serious implications to all people: water is life, treaty violations, and much deeper history. Matt’s role: recommending scientifically- defensible action with the goal of supporting higher standards to protect the people.

Washington update: Petition on Feb. 21 to EPA for reconsideration of EPA’”s partial disapproval of Washington’s Human Health Criteria.

A response to this is on hold. Representative from American Forests and Paper, raised concerns/ asked to withdraw the federal rule with the state. Many petitions have to do with costs, which were refuted by EPA (provided to public). EPA has also received letters from other organizations in support of denial of petitions, including NWIFC and Jamestown S’Klallam tribe.

  • Sam Penny asked about decision- making in regard ttohe neglect of the appointmentstof Regional Administrators, therefore all decision- making is being funneled to the National EEPA Administrator, Pruitt.
  • WA water quality standards were already set., Wwhy are they now is it going all the way back to DC? Response: State has been staying out of it, but stating publicly, their support of the new criteria. More forward looking.

Oregon update: State has submitted a new revision to their standards , likely to be admittedfor approval. N. Fork of Smith River, to become an “outstanding natural resource water”.

  • Lee Juan stated the importance of recognizing the “human health” requirement is a cop out;, we are all connected and, all species should be considered.

Vessel traffic/fossil fuels, Tom and Barbara Erlichman with referenced Power Point.

A 5-year boom in vessel traffic in the Salish Sea to export oil and coal is interrelated to the “pipeline on rails”

  • Tthreats to communities and environment of derailment of oil transport on trains.
  • Each oil and coal trains blocks direct access to reservations disrupting emergency aid calls, the economy,. and more.
  • 2 legal frames of reference: The Magnusoen Amendment (Marine Mammal Protection Act) and the Boldt decision (use of area since time immemorial, usual and accustomed grounds).
  • We’ve entered a new phase, where Tribes can weigh in significantly. (See Tribal Activism in WA State slide in Ppowerpoint)
  • Highly encouraged: Each tribe needs to have a written consultation policy. We must be proactive in claiming our rights as tribes and make others prove us wrong.

RTOC Washington, Idaho, Oregon Focus Group – Tribal Caucus only

  • Hot Issues – identify ways RTOC can be effective in assisting Tribes
  • Strategize representative’s outreach and increasing Tribal participation (tribal outreach map)

Alaska Focus Group - Tribal Caucus only

  • Hot Issues – identify ways RTOC can be effective in assisting Tribes
  • Strategize representative’s outreach and increasing Tribal participation (tribal outreach map)

THURSDAY

Joined by EPA: Ann Williamson, Lisa Castanione, Michelle Davis, JR Herbst, Michelle Pirzadeh,

EPA’s American Indian Environmental Office Updates, Felicia Wright

AIEO Acting Director (2 others?) Cory ?

  • Water Quality: Open discussion Q&A
  • NTOC: meeting is Oct.11; National Tribal Caucus will meet and have time to strategize, signing of the 1984 Indian policy, robust meeting talking about Administrator’s priorities. Review the budget document that the NTC formulated.
  • Budget: in a continuing resolution for FY18 – 0.67% reduction- iIn the House of Representatives, the budget has restored the categorical Section 319 CWA, GAP, and Restored funding to AK Native Villages.
  • GAP Grants: 5 Guiding Pprinciples 5, that convey how the gap goals align with the EPA Administrators priorities. Translated existing GAP program in a way that the new administration can see how it fits into their overarching agenda.
  • Boilerplate: ETEP - clear statement on the purposes of GAP using the 5 principles.
  • Strategic Plan: 26th of Sept, the draft will be released for 2018-2022. Tribal Consultation process has been initiated and will run through Oct 31, 2017. There are 2 National Calls, Oct 17 and 24th. Requests can be made from senior managers of national EPA offices to attend these calls. Encourage Tribal Leaders to make a request for consultation.
  • How will Tribes consult on specific issues that come up in the appropriations bills? We will ask for increased funding again for tribes, but when it gets to the OMB/EPA/ETC, it becomes an Aagency decision of how to spend the money. Recommended that if there is not time for consultation, we can have things tkeyed up and ready to go, ongoing meaningful communication. Reminder that Tribes can request consultation at any time.

EPA Region 10 Updates Michelle Pirzadeh

Acting Regional Administrator and RTOC Co-Chair

  • Trey Glen was appointed in Region 4 as the RA;, no updates for Region 10 RA appointment.
  • Senior Tribal Policy Advisor still on hold;, could fill as a temporary position with a current EPA employee. Ready to go external once the hiring freeze is lifted.
  • Still a potential for significant cuts out otof EPA’s operating budget.
  • AK Operations Director DiaAnneSaouderluand is retiring at the end of October. Recruiting currently for the position, internal to EPA but nNationwide. Closes this Friday.
  • Signed the letter to send to AK RTOC 1&2 open nominations. Deadline is Oct 13.
  • Oct. 17 consultation period ends for Pebble settlement. EPA Administrator agreed to allow a proposal to withdraw.
  • Stacy Murphy updated us on the Tribal Coordinators’ retreat that happened this week. Very energized and can provide more details at the next call.

Tribal Reports, Tribal Representatives

National TOC Reports

Western WA & OR (Deb Lekanoff)

  • No report

Alaska – Position 1 (Chris Price)

  • Statewide issues: AK Native Village Corporation Association C clean- up of ANCSA- contaminated lands, stalled out right before Obama left office. Working with all of the Congressional Delegation in Alaska. Funding is limited; currently,this bill is looking to address more funding needs. Would like to include tribes in contracting for the cleanup. Environmental laws changed from 1971;, tribes inherited contaminated lands, so we should have thea right to compete to clean ithem up.

Alaska – Position 2 (Billy Maines)

  • Summarized the importance of being able to experience ATNI, how it is similar to AFN in Alaska. Appreciative and insightful. Attended the EELC meeting in Jackson Hole, WY. Feels as if the Tribes are still being overlooked and taken for granted. The process is still exclusive to TribesStates, NO language of Tribes in the processes and languages. It reflects EPA and States, Tribes still excluded. Relayed concern re: Administrator’s L lean program, good in concept but how are organizations to be run when everyone has a different definition of what’s being done.

Idaho, Eastern WA & OR (Lee Juan Tyler)

  • Tribes are spread thin. Calling for someone to step up and be our champion. Reiterated the epistemological differences between tribal and western perspectives. Tribes in this country are getting the run-around for eternity: feel it is designed this way, e.g.,: EJ – OECA changing – new administrations need to be reeducated – We are TIRED.

Regional TOC Reports

Idaho (Sam Penney)

  • Human Health Criteria, tribal disappointment with this. WQS, mines trying to be re-opened, Columbia Rriver coal transport, Portland hHarbor cleanup. I’ve been on council for 27 years, upheld Lee Juan’s statements regarding the Federal Trust responsibility, for the Pprotection of resources. Strategic plan: His views are that the EPA is going against its ownthe premise of the EPA and what it was founded on.

Oregon (Dean Adams)

  • Want to address being stuck, experiencing many of the same issues since 2008, time to make some changes! Elders are increasingly becoming sickly on the reservations due to respiratory issues from fires, riparian zone damage, contamination in river systems. Oregon Tribal Environmental Forum is coming up in Warm Springs, OR. Support of senate bill 644 to restrict mining, adopting comprehensive land use laws and operating outside of the state’s jurisdiction. Rainbow gathering (60 miles from res) 20,000 plus people for 3-4 weeks. Forest Sservice was involved, but asked to leave, Tribe stepped in to protect our resources. Cordial meeting. They are billing the Forest Service for their time.

Eastern Washington (Elizabeth Sanchey)

  • Wildfires: issues with mudslides, water quality, clear cutting. Also, indoor air quality is affected, and feel as if EPA is underfunding indoor air quality. With climate change, these fires are going to increase in frequency. Funding: Tribes are nervous. Fishing: Columbia Rriver fish counts very low, water is warm, multiple fish issues. Hope EPA Region 10 can continue to fight for us.

Western Washington (Shallee Baker)

  • No report

Alaska – Position 1 (Raymond Paddock III)

  • Concern regarding funding for the upcoming years. Michelle Davis attended the Southeast Alaska conference. Climate change funding concerns as well.

Alaska – Position 2 (Deilah Johnson)

  • Todd Bender doesn’t host quarterly teleconferences for our region. Ahnama from Kawerak hosts, so we connect thatis way. Our tribes are afraid of the future re: Cclimate change. Focused on backhaul and recycling. We are shifting toward renewable energy, encouraging tribes to draft renewable energy plans. Also using other funding (BIA) to create climate change adaptation plans.

Alaska – Position 3 (Robert Myers)

  • Introduced himself;, this is his first in- person meeting.

Consortium Business

Upcoming Meetings

  • Dec 12-14, Hilton Hotel Seattle WA – Dean Adams Cultural Presentation for Burns Paiute
  • FULL April9thand 10th-prior to TLS (TLS is 11-13)RTOC Meeting 2 days prior
  • FULL June Meeting: June 6-9, Juneau AK – Yakama Nation will be calling in
  • September Seattle

General Meeting adjourned at 12:00 pm

Staff meeting conducted from 12:00 pm to 1:00 pm

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