Indigenous Peoples Work Group (IPWG)

National Environmental Justice Advisory Council (NEJAC)

BIA 2013 Providers Conference - Anchorage, AK Jacqueline D. Shirley, MPH IPWG Member- Native Village of Hooper Bay

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Photo inserted by IPWG Member Katsi Cook, Mohawk Traditional Medicine Woman , When she presented this PowerPoint Presentation NEJAC in September 2013.

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History of IPWG

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Created in November 2011

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Consists of 11members

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federally recognized tribal government

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state recognized tribal governments, indigenous community-based orgs, academia, elders, youth

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Charge consists of three requests for advice and recommendations

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NEJAC/IPWG Charge

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Charged with providing advice and recommendations on three separate, but related areas:

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How EPA can effectively work with federally recognized tribes and indigenous peoples/stakeholders to address their EJ concerns

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What changes EPA should make to the Working Draft of its Policy on Environmental Justice for Tribes and Indigenous Peoples

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How EPA should implement its Policy on EJ for Tribes and Indigenous Peoples

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IPWG Accomplishments – Completed 2 of 3 Charge Requests

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Recommendations for Fostering Environmental Justice for Tribes and Indigenous Peoples

Specifically, the Agency charged the Council to consider the following specific issues:  What activities and mechanisms (e.g. policy, guidance, or protocol) should EPA conduct and develop to work collaboratively with indigenous community-based/grassroots organizations, and other interested stakeholders living on or off reservations, to identify and address environmental justice and other quality of life concerns and needs?  In fulfilling EPA’s obligation to consult with tribes and work with tribes on a government-to-government basis, what are the most effective ways EPA can work with federally-recognized tribal governments to address issues of environmental justice, on and off- reservations, including those raised by tribal community-based/indigenous grassroots organizations, and other stakeholders on Indian reservations or in Alaska? 5

 What organizational, regulatory, or policy hurdles exist that impede, complicate, or discourage federally-recognized tribal governments, tribal community-based/indigenous grassroots organizations, and other stakeholders on Indian reservations from effectively working together to address environmental and public health concerns in Indian country, Alaska, and in other indigenous communities?  What organizational, regulatory, or policy mechanisms exist that encourage federally-recognized tribal governments, tribal community based/indigenous grassroots organizations, and other stakeholders on Indian reservations to work collaboratively on environmental and public health concerns?

 What are the recommended means and mechanisms for EPA to coordinate and collaborate with other federal agencies to effectively provide environmental justice for indigenous peoples throughout the United States? 6

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Recommendations for the EPA Policy on Environmental Justice for Tribes and Indigenous Peoples

Purpose of the Policy

 Clarify how the EPA intends to address environmental justice issues in Indian country and for indigenous peoples throughout the United States.

 Provide consistency in how the Agency implements its environmental justice program with respect to tribes and indigenous stakeholders.

Four focus Areas

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Working with federally-recognized tribal governments on EJ issues; 2.

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Incorporating EJ into EPA’s direct implementation of federal environmental programs in Indian country; Working with tribal community-based organizations, state-recognized tribes, tribal members, and other indigenous peoples to address their EJ concerns; and Interagency coordination and collaboration on addressing federally-recognized tribes’ and indigenous stakeholders’ EJ issues and concerns.

Seven Core Principles (not listed here, but available in electronic handout.)

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EPA requested that the NEJAC provide advice and recommendations on the Implementation of the Agency’s Policy on Environmental Justice for Tribes and Indigenous Peoples (Working Draft), specifically on:

 Being Informed by Traditional Ecological Knowledge and Wisdom    Working with Tribal Governments on Implementation of EJ Working with Indigenous Communities/Stakeholders to Address EJ Coordination and Collaboration among Stakeholders 8

Work Group Progress

 Drafted “initial ideas” for each of the four selected sections of the Policy  Prepared preliminary draft findings and recommendations. (IPWG charter extended another 6 months)  Planning to present the draft recommendations on implementation of EPA’s Policy for NEJAC consideration in June 2014.

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General Findings– EPA’s EJ Program

 Tribes and indigenous peoples are not adequately represented in the EPA’s EJ Program (i.e. Plan EJ 2014, implementation plans, State EJ Cooperative Agreements Program, etc.)  EPA’s responsiveness to federally recognized tribal governments’, indigenous community-based organizations’ and tribal members’ environmental justice concerns has been limited, and at times inadequate.  The EPA has not completed its policy for Agency staff on how they are to work with federally recognized tribes, indigenous community-based organizations, tribal members and other indigenous peoples to address their EJ concerns.

Key Recommendations – Traditional Ecological Knowledge and Wisdom (TEKW)

 EPA should consult with U.S. Fish and Wildlife Service (FWS) in reviewing TEKW tools in engaging Tribes and Native Hawaiians in a proactive public engagement process. (weblink: http://www.fws.gov/nativeamerican/tek.html

)  FWS has already established a robust and workable website for public use that clearly defines the extensive nature and importance of Indigenous Traditional Ecological Knowledge, which EPA should develop as well and place a link from EPA’s main webpage.

Key Recommendations – TEKW (Continued)

 Expand tribes and indigenous peoples eligibility to build and implement TEKW activities under existing EPA programs (e.g. language fluency)  Tree Metaphor… TEKW serves as the roots of the tree of life, a knowledge base that supports indigenous peoples, represented collectively by the trunk, and the uniqueness of each indigenous community/tribe is represented by the branches, leaves, flowers and fruits.

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Key Recommendations - Working with Tribal Governments on Implementation of EJ (Continued)  Increase Capacity of Tribes for EJ (develop grievance/appeal processes that allow tribes to have their EJ issues addressed; coordinate the sharing of information and resources among regions and tribes; host webinars and trainings; maintain or increase funds/grants for tribes to focus on EJ related issues and implementation, and coordination with states/local govt.

 Enhance collaboration between EPA Regional EJ and Tribal Offices to work with tribes and indigenous communities (increase and ensure staff knowledge on Native EJ issues and regional tribal cultures; engage EPA Tribal staff to be actively involved; help foster meaningful solution-based dialogue among stakeholders; advise and assist tribal governments/ programs and EPA staff/programs; establish regional Tribal EJ Working Groups and EJ Implementation Plans) 13

Recommendations: Community-Based Organizations and Tribal Members

 EPA should involve community-based organizations and tribal members in its decision-making processes that may impact their communities  EPA should understand its responsibility to work directly with indigenous community-based organizations and tribal members, in consultation with tribes, but not dependent on the approval of tribal governments. Tribal members have civil rights and the right to participate in government decision making processes.

Key Recommendations – Interagency Coordination and Collaboration

 EPA should develop a matrix of currently existing federal interagency collaborative mechanisms that includes the Federal Interagency Working Group on Environmental Justice (IWG EJ) and the Interagency Working Group on Indian Affairs (July 26, 2013).

 EPA should build broader understanding of how issues of EJ are integrally related to other issues and policies such as NAGPRA, the recent UN Declaration on the Rights of Indigenous Peoples , the American Indian Religious Freedom Act (1978); health disparities, and Reproductive Health and Justice which all impact how EJ issues are approached.

Key Recommendations – Interagency Coordination and Collaboration (Continued)  EPA should work with HHS and other federal agencies to integrate Environmental Health and Justice (EH/J) and Reproductive Health and Justice (RH/J) concerns because of the reproductive health impacts of exposures to industrial toxic waste on present and coming generations.

Brad Bonaparte, Mohawk 1986 16

Key Recommendations – Interagency Coordination and Collaboration (Continued)  EPA should help other federal agencies and interagency work groups develop an understanding and comprehension of environmental justice as it pertains to federally recognized tribal governments and indigenous stakeholders, recognizing the relationship to each other, distinction from each other, and necessity for separate engagement and responsibilities to each.

 EPA should assist in fostering dialogue and collaboration among tribes, states, local governments, businesses, community-based organizations, etc. to promote EJ and sustainability (which may likely include issues of sovereignty, jurisdiction, land ownership, environmental and public health concerns, etc. that will arise in the implementation of EPA’s EJ Policy) 17

We are all related…

“EJ and TEKW...these two concepts or principles can be seen as one and the same. Traditional Ecological Knowledge and Wisdom is basically

Human

Ecological Knowledge and Wisdom that spans across all races, creeds, and social-eco classes. We know, as human beings, what is right and wrong when it comes to EJ; it's all about how we acknowledge and apply that knowledge and wisdom,” Jacqueline D. Shirley, IPWG Member 18

Mohawk artist and educator Marita Thompson

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Wahleah Johns , Co-Chair Black Mesa Water Coalition Herb Lee Executive Director, Pacific American Foundation Peter Captain Elder Advisor, Yukon River Intertribal Watershed Council Jerry Pardilla Director, Office of Environmental Resource Management, United South and Eastern Tribes Brenda Dardar Robichaux Former Principal Chief, United Houma Nation Sandy Grande Assoc. Professor, Connecticut College Katsi Cook Program Director, First Environment Collaborative Jessica Koski Keepers of the Water Keweenaw Bay Indian Community Jacqueline D. Shirley, MPH Senior Environmental Scientist, Native Village of Hooper Bay Jolene Catron, (former member) Executive Director, Wind River Alliance Monica Hedstrom, (former member) Environmental Affairs Manager, White Earth Nation DESIGNATED FEDERAL OFFICERS Dona Harris American Indian Environmental Office Danny Gogal Office of Environmental Justice 20