03-28-89
IMPLEMENTATION OF ENVIRONMENTAL
STANDARDS AND REGULATIONS ON THE
ST. REGIS MOHAWK RESERVATION
MEMORANDUM OF AGREEMENT
I. PARTIES
This MEMORANDUM OF AGREEMENT ("Agreement"), dated march 28, 1989,
between the St. Regis Mohawk Tribe, of Hogansburg, New York
("Tribe"), by and through the Tribal Council, and the United
States Environmental Protection Agency ("EPA"), by and through the
Regional Administrator of EPA Region II, concerns implementation
of the environmental standards and regulations of the Tribe
within the exterior boundaries of the St. Regis Mohawk
Reservation ("Reservation") in New York State.
II. PURPOSE AND INTENT
A. The Tribe and the EPA agree to work together toward the
development of a comprehensive set of environmental regulations
and measures to be implemented on the Reservation. It is
understood by both parties that this Agreement in no way waives
or affects the existing authority of either of the parties
involved, but rather promotes a spirit of cooperation between
the parties. Through this cooperative effort, the parties
desire to further Tribal self-government, and the special
government-to-government relationship between the Tribal
government and the federal government. The development of this
program is expected to result in a multi-media approach toward
protecting the environmental quality of the Reservation
environment.
B. In furtherance of these mutual goals and policies, this
Agreement:
* establishes a framework for intergovernmental cooperation
and coordination between the Tribe and EPA;
* seeks to minimize duplicative efforts and, thereby,
conserve Tribal and EPA monetary and program resources; and
* facilitates the development of a separate agreement(s)
between the Tribe, EPA, New York State, and other
interested public and private entities regarding
protection of the Reservation.
1. Tribal Health and Welfare: The parties desire to protect
the health and welfare of the Reservation population and
the property, wildlife, and natural resources of the
Reservation. Pollution from sources located both on and
off the Reservation may: pose a threat to public health
and/or welfare; damage natural resources; pose a threat to
livestock; impair beneficial uses of surface and ground
waters; and adversely affect air quality.
2. Tribal Economic Development: The parties desire to
protect the Tribe's interest in protecting the
environmental quality of the Reservation so that the
opportunity for attracting job producing businesses to the
Reservation will be preserved. In addition, the Tribe
desires to protect its reserved ownership right in the
quality of living and non-living resources which comprise
the Reservation environment.
III. OBJECTIVES
The following objectives have been established for the first two
years of work under this Agreement. Unless modified by the
parties, the following objectives shall remain in force and effect
beyond the initial two year term of this Agreement.
A. To develop and implement programs, as appropriate, to address
Tribal environmental concerns in the following areas:
hazardous waste sites, solid waste, air quality, ground and
surface water quality management, underground storage tanks,
pesticides, public water supplies, and sewage treatment.
B. To develop Tribal capability for participation in remediation
efforts at sites under investigation pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act/Superfund Amendments and Reauthorization Act
(CERCLA/SARA), including the development of appropriate
remedial cleanup standards. The parties are currently
negotiating one or more separate agreements under CERCLA/SARA
with regard to the Tribe's specific role under that statute.
C. To provide assistance in the development of appropriate Tribal
regulatory programs under federal law, such as, but not
limited to: water quality management, public water supply,
and air quality management.
D. To assist the Tribe in further development of its support staff
and governmental infrastructure to provide for enforcement of
Tribal environmental ordinances and the resolution of such
conflicts as may arise in the enforcement of such Tribal laws.
E. To take initial steps in carrying out actual program
implementation activities under the programs developed and
adopted by the Tribe.
F. To develop future programming and funding plans.
IV. TERMS OF AGREEMENT
A. General Obligations
In order to implement the purpose, intent, and obligations of
this Agreement set forth in Sections II and III above, the
parties agree to the following terms:
1. Coverage: This Agreement covers programs and
technical/financial assistance authorized by the Clean
Water Act (CWA), the Clean Air Act (CAA), the Resource
Conservation and Recovery Act (RCRA), the Safe Drinking
Water Act (SDWA), the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), the Toxic Substances Control Act
(TSCA), and CERCLA/SARA.
2. Cooperation: Each party shall cooperate to the greatest
extent possible with the other party in fulfilling the
purposes of this Agreement. At the written request of
the Tribe and to the extent permitted by available
resources and applicable law, EPA will provide the Tribe
with technical and financial support to carry out the
activities identified in this Agreement.
3. Timely Notification: Each party shall act in a timely
manner to provide the other with environmental
documentation for proposed actions (e.g., analyses,
assessments, or impact statements) of interest to the
other party. When the proposed action of a party may
directly affect the programs or property of the other
party, the proponent of such action shall solicit input
from the affected party. Furthermore, EPA shall provide
the Tribe with timely notice of proposed actions which may
affect either the quality of the Reservation environment
or the fishery resources of the Tribe.
4. Quality Assurance Review: The Tribe understands that all
applications for assistance awards involving environmental
related measures for data generation must include a Quality
Assurance Plan acceptable to the awarding official in
accordance with applicable federal regulations.
Nevertheless, the Tribe is free to explore innovative
methods of solving environmental problems which may be of
benefit. All results will be subject to evaluation and
acceptance by both parties.
5. Compliance: EPA retains responsibility for assuring that
the actions of the parties hereunder comply with
applicable federal environmental law.
6. Funding: During the term of this Agreement, EPA shall
assist the Tribe in applying for available program
development and implementation funds for which the Tribe
may be eligible. EPA reserves the right to make the final
determination whether funding shall be provided, and
under what conditions.
7. Annual Report: At the end of one year, a report will be
prepared by each of the parties' representatives on the Review
Committee established in Section VI.B of this Agreement.
Such evaluation shall include an evaluation of this Agreement,
accomplishments during that year, and recommendations for use
by the Tribe and EPA.
B. Review Committee
In order to facilitate implementation of this Agreement, and
further the relationship between the Tribe and EPA, and
EPA-Tribal Review Committee is hereby established. The Review
Committee shall also promote communication and coordination
between the parties. The Review Committee shall initially
consist of two (2) members designated by the Tribal Chiefs, and
two (2) members designated by the EPA Region II Regional
Administrator. Additional members may be added as deemed
necessary by the original committee.
1. Actions: For the purpose of conducting business, a quorum
of the Review Committee shall consist of four (4) members.
The Review Committee shall take action by affirmative vote
of three (3) members. The Review Committee is advisory
in nature, and its actions are not binding on either
party to this Agreement.
2. Officers: The Chairman of the Review Committee shall be
designated by the Tribe and the Vice-Chairman shall be
designated by EPA. The Chairman and Vice-Chairman shall
each serve at the pleasure of the party whom he or she
represents.
3. Ex-officio Members: All members of the Tribal Council not
members of the Review Committee; the Director of the
Eastern Area Office of the Bureau of Indian Affairs (BIA),
or his or her designee; the Regional Administrator of EPA
Region II, or his or her designee; a representative from
the Mohawk Council of Chiefs, or his or her designee; a
representative from the Mohawk Nation Council of Chiefs,
or his or her designee; the Director of the Nashville Area
Office of the Indian Health Service (IHS), or his or her
designee; the Director of the Office of Indian Programs of
the Department of Housing and Urban Development (HUD), or
his or her designee; the Commissioner of the New York
State Department of Environmental Conservation, or his or
her designee; and the Commissioner of the New York
State Department of Health, or his or her designee, shall
be entitled to serve as ex-officio (non-voting) members
of the Review Committee.
4. Meetings: The Chairman or any two members of the Review
Committee may, upon reasonable notice, call a regular
meeting of the Committee to be conducted either in person
or by telephone conference call. Such meetings shall
initially be held quarterly, unless the parties agree
otherwise. At all meetings the members of the Review
Committee may invite their respective staffs or attorneys
to attend.
5. Dispute Resolution: The Review Committee shall also be the
forum for discussing any disputes which may arise between
the parties regarding implementation of this Agreement
and the Committee may make non-binding recommendations to
both parties of this agreement regarding the resolution
of such disputes.
C. Revisions/Amendments
This Agreement may be amended at any time except as limited by
applicable regulations or laws. Amendments shall be made by
supplemental Agreements executed in writing by the parties
hereto, as required in order to carry out any of the
provisions of this Agreement or for any other purpose in
furtherance of this Agreement. This Agreement may be revised
or amended to incorporate Agreements with the IHS, BIA, HUD,
and any Federal, Tribal, State, or County governments as
appropriate.
D. Written Communication
Written communications pursuant to the provisions of this
Agreement shall be delivered or mailed as follows:
1. To the Tribe: Chief Harold Tarbell, St. Regis Mohawk
Tribe, Hogansburg, New York 13655, with a copy to the
Director of the St. Regis Environmental Health Department.
2. To the EPA: Regional Administrator, EPA Region II, 26
Federal Plaza, New York, New York 10278, with a copy to
the Indian Coordinator, EPA, Region II.
V. TERMINATION
This Agreement shall continue in effect until either terminated by
joint agreement of the parties, or either party terminates its
participation in this Agreement upon thirty (30) days written
notice to the other party. Such termination, however, shall not
relieve any party of responsibilities otherwise prescribed by law
or regulation.
VI. EXECUTION
This Agreement shall be effective when executed by all parties.
IN WITNESS WHEREOF the parties have executed this Agreement on the
dates attested to below.
For the St. Regis Mohawk Tribe
BY:
Head Chief Brenda LaFrance (Date)
Tribal Council
BY:
Chief Harold Tarbell (Date)
Tribal Council
BY:
Chief L. David Jacobs (Date)
Tribal Council
For the United States Environmental Protection Agency
BY:
William J. Muszynski, D.E. (Date)
Acting Regional Administrator
EPA-Region II
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