Indigenous Peoples Work Group (IPWG)National Environmental Justice Advisory

Council (NEJAC)

BIA 2013 Providers Conference - Anchorage, AKJacqueline 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 Created in November 2011

Consists of 11members◦ federally recognized tribal government◦ state recognized tribal governments,◦ indigenous community-based orgs,◦ academia,◦ elders,◦ youth

Charge consists of three requests for advice and recommendations

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NEJAC/IPWG Charge Charged with providing advice and

recommendations on three separate, but related areas:◦ How EPA can effectively work with federally recognized

tribes and indigenous peoples/stakeholders to address their EJ concerns

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

◦ 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

1. 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?

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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?

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2. 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 Areas1. Working with federally-recognized tribal governments on EJ issues;2. Incorporating EJ into EPA’s direct implementation of federal environmental

programs in Indian country;3. Working with tribal community-based organizations, state-recognized tribes, tribal

members, and other indigenous peoples to address their EJ concerns; and4. 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 EJCoordination and Collaboration among Stakeholders

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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.

Work Group ProgressWork Group Progress

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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 Key Recommendations – Traditional Ecological Knowledge and Wisdom Ecological Knowledge and Wisdom (TEKW)(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 Key Recommendations – TEKW (Continued)(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 treeof life, a knowledge base that supports indigenous peoples, representedcollectively by the trunk, and theuniqueness of each indigenouscommunity/tribe is represented bythe 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)

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Recommendations: Community-Recommendations: Community-Based Organizations and Tribal Based Organizations and Tribal MembersMembers

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 – Key Recommendations – Interagency Coordination and Interagency Coordination and CollaborationCollaboration 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 Key Recommendations – Interagency Coordination and Collaboration (Continued)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.

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Brad Bonaparte,

Mohawk

1986

Key Recommendations – Interagency Key Recommendations – Interagency Coordination and Collaboration (Continued)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)

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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

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Mohawk artist and educator Marita Thompson

Wahleah Johns , Co-Chair Black Mesa Water Coalition

Herb LeeExecutive Director, Pacific American Foundation

Peter CaptainElder Advisor, Yukon River Intertribal Watershed Council

Jerry Pardilla Director, Office of Environmental Resource Management, United South and Eastern Tribes

Brenda Dardar RobichauxFormer Principal Chief, United Houma Nation

Sandy Grande

Assoc. Professor, Connecticut College

Katsi CookProgram Director, First Environment Collaborative

 Jessica KoskiKeepers of the WaterKeweenaw 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 HarrisAmerican Indian Environmental Office

Danny GogalOffice of Environmental Justice

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