The EPA recently released its final policy on consultation and coordination with Indian tribes. The policy establishes a new, broader standard for the types of actions that may be appropriate for consultation — such as developing standards, guidance, policies, permitting decisions, and activities under international agreements — and makes clear the two-way nature of government-to-government consultation by inviting tribes to request issues for consultation. The policy also establishes a management, oversight and reporting structure that will help ensure accountability and transparency.
* The relationship of the Consultation Policy to Executive Order 13175 on Consultation and Coordination with Indian Tribal Governments and EPA’s 1984 Indian Policy
* EPA actions and decisions covered by the consultation policy
* How the consultation process will work
* Implementing the new policy for national issues as well as regional or site specific issues
* Key distinctions between Consultation and Coordination
* EPA’s new Tribal Consultation Opportunities Tracking System
Richard Du Bey, Moderator, chair of the Environmental and Natural Resources Practice Section and chair of the Tribal Practice Group at Short Cressman & Burgess PLLC
Jane Neumann, Tribal Coordinator with EPA’s Region 5 Superfund Division
Andrew Baca, Tribal Program Coordinator at the EPA Office of Solid Waste and Emergency Response
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