The Inter-Tribal Environmental Council (ITEC) was set up in 1992 [1] to protect the health of Native Americans, their natural resources , and environment. To accomplish this ITEC provides technical support, training and environmental services in a variety of disciplines. Currently, there are over forty ITEC member tribes in Oklahoma, New Mexico, and Texas. [2] The ITEC is an example of the Native American Pan-Indian Organizations and Efforts.
The ITEC office has a full-time staff of twenty-two who organize and provide services to the individual ITEC member tribes. In addition, they assist individual tribes with other environmentally related issues and concerns as they arise.
The Cherokee Nation, as the leading agency in the ITEC, has been at the forefront of protecting natural resources, health, and the environment for the tribal community. Through their five stationary air-monitoring stations and one mobile air-monitoring station, the largest tribally owned and operated system of its kind in the United States, they provide quality environmental data to rural and tribal communities. [3]
ITEC has received funding from the U.S. Environmental Protection Agency. [4]
Marine Mammal Protection Act: Reauthorization Issues for the 107th Congress
Native American culture and tradition has always revered animals as a part of nature that must be preserved. Historically, Native Americans have relied on animals for subsistence needs; so naturally many tribes and indigenous groups are concerned about the management of marine mammals. The long-term goals of tribes and indigenous groups under the Marine Mammal Protection Act are economic stability, resource sustainability, and regulatory certainty. Native Americans also believe that managing our environment and our interactions with animals "fosters economic vitality, environmental health, and rational management of natural resources." [5]
The CNEP Clean Air Program operates one of the largest tribal air monitoring networks in the country. It operates five air monitoring sites within tribal jurisdictional boundaries in Oklahoma. The criteria pollutants being monitored include carbon monoxide, ozone, sulfur dioxides, nitrogen oxides and particulate matter. [2]
The United States Congress authorized the Environmental Protection Agency to develop a technological assistance program for Native Americans through the Indian Environmental General Assistance Program Act of 1992.
Four main components:
The principal objective of the GAP program is to provide opportunities for its member tribes to assess, evaluate and develop plans to address environmental and public health issues. Tribes that desire multi-media programs that address environmental issues can receive technical assistance through the GAP program. [2]
The Environmental Protection Agency provides $1 million per year to tribes through their General Assistance Program (GAP). This money helps the tribes build environmental protection capacity and clean up dump sites. Member tribes close between 50 and 100 dumps every year, put infrastructure in place to prevent dumping, develop plans, and pass codes and ordinances. [6]
The IBRP is designed to assist Native American tribes with identifying tribal property that may or may not have contamination, and then assisting with the clean up process. [7]
"[A] brownfields site is an abandoned, idle, or underused industrial/commercial facility where expansion or redevelopment is complicated by real or perceived environmental contamination." [2] One such example is the Markoma Bible Academy of Tahlequah, Oklahoma, which was contaminated with asbestos and lead-based paint. The Cherokee Nation cleaned, remediated, and refurbished the site to create a Program of All-Inclusive Care for the Elderly (PACE) care center. [8]
IBRP staff will be available to perform a Phase 1 Environmental Site Assessment on the potentially contaminated property. If the property is indeed contaminated, a Phase II Assessment may also be performed at the request of the tribe. After the assessment stage(s) are completed and the specific contaminate(s) are identified, "tribal staff can make decisions regarding clean-up of the site. IBRP staff will be available to assist in this process." [7]
After clean-up, the site will be ready for redevelopment. Because each property is unique, the tribal staff will know what the best reuse of the property should be. IBRP staff will be available to assist in this process. IBRP staff has experience in performing site assessments and site characterizations on contaminated properties and we are looking forward to working with the ITEC tribes in this growing program. [7]
The ITEC Subtitle D program provides these benefits to members of the ITEC:
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), more commonly known as Superfund, was enacted by Congress on December 11, 1980. Superfund is a federally funded program that provides for the evaluation and cleanup of abandoned hazardous waste sites. CERCLA also established compensation for stakeholders, such as Indian Tribes, who own land on which there are hazardous waste sites, negatively affecting economy and valuable resources. [10]
The Superfund Program can provide non-emergency evaluation of a site on behalf of an ITEC member tribe only if these three criteria are met:
Environmental/Governmental regulations regarding underground storage tanks have been issued by the U.S. Environmental Protection Agency. "The regulations cover the design, construction and installation of new UST systems, and require that existing systems meet certain EPA standards. The regulations require that owner/operators of UST systems demonstrate financial responsibility for the cleanup of spills or releases, and/or to compensate third parties for any resulting damages." Today there are over 560 separate federally‐recognized tribal governments throughout the United States. Of these tribes, approximately 200 have active or closed federally‐regulated underground storage tanks (USTs or tanks) on their lands. There are currently about 2,600 active USTs in Indian country.
UST training is provided to tribal environmental professionals, UST owners and operators by ITEC through EPA grants. The ITEC has one of the longest running working relationships with EPA on UST issues and offered the first UST owner/operator training through an EPA grant in 2000. To date, over 260 individuals have participated in the training and ITEC continues to provide about six Indian country owner/operator trainings a year. [11] The EPA recommends that states inspect underground storage tanks every three years, however, Tribes are not under the same guidelines as states. Most USTs have been upgraded, but many are not properly maintained and operated. [12]
The Environmental Protection Agency (EPA) is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it began operation on December 2, 1970, after Nixon signed an executive order. The order establishing the EPA was ratified by committee hearings in the House and Senate. The agency is led by its administrator, who is appointed by the president and approved by the Senate. The current administrator is Michael S. Regan. The EPA is not a Cabinet department, but the administrator is normally given cabinet rank. The EPA has its headquarters in Washington, D.C., regional offices for each of the agency's ten regions, and 27 laboratories. The agency conducts environmental assessment, research, and education. It has the responsibility of maintaining and enforcing national standards under a variety of environmental laws, in consultation with state, tribal, and local governments. It delegates some permitting, monitoring, and enforcement responsibility to U.S. states and the federally recognized tribes. EPA enforcement powers include fines, sanctions, and other measures. The agency also works with industries and all levels of government in a wide variety of voluntary pollution prevention programs and energy conservation efforts. The agency's budgeted employee level in 2023 is 16,204.1 full-time equivalent (FTE). More than half of EPA's employees are engineers, scientists, and environmental protection specialists; other employees include legal, public affairs, financial, and information technologists. Many public health and environmental groups advocate for the agency and believe that it is creating a better world. Other critics believe that the agency commits government overreach by adding unnecessary regulations on business and property owners.
Industrial waste is the waste produced by industrial activity which includes any material that is rendered useless during a manufacturing process such as that of factories, mills, and mining operations. Types of industrial waste include dirt and gravel, masonry and concrete, scrap metal, oil, solvents, chemicals, scrap lumber, even vegetable matter from restaurants. Industrial waste may be solid, semi-solid or liquid in form. It may be hazardous waste or non-hazardous waste. Industrial waste may pollute the nearby soil or adjacent water bodies, and can contaminate groundwater, lakes, streams, rivers or coastal waters. Industrial waste is often mixed into municipal waste, making accurate assessments difficult. An estimate for the US goes as high as 7.6 billion tons of industrial waste produced annually, as of 2017. Most countries have enacted legislation to deal with the problem of industrial waste, but strictness and compliance regimes vary. Enforcement is always an issue.
Superfund is a United States federal environmental remediation program established by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The program is administered by the Environmental Protection Agency (EPA). The program is designed to investigate and clean up sites contaminated with hazardous substances. Sites managed under this program are referred to as "Superfund" sites. There are 40,000 federal Superfund sites across the country, and approximately 1,300 of those sites have been listed on the National Priorities List (NPL). Sites on the NPL are considered the most highly contaminated and undergo longer-term remedial investigation and remedial action (cleanups).
The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the principal federal law in the United States governing the disposal of solid waste and hazardous waste.
The Small Business Liability Relief and Brownfields Revitalization Act was signed into law by President George W. Bush on January 11, 2002. Brownfields are defined as, "A former industrial or commercial site where future use is affected by real or perceived environmental contamination." The Brownfields Law amended the Comprehensive Environmental Response, Compensation, and Liability Act by providing funds to assess and clean up brownfields, clarifying CERCLA liability protections, and providing funds to enhance state and tribal response programs. Other related laws and regulations impact brownfields cleanup and reuse through financial incentives and regulatory requirements.
The National Priorities List (NPL) is the priority list of hazardous waste sites in the United States eligible for long-term remedial investigation and remedial action (cleanup) financed under the federal Superfund program. Environmental Protection Agency (EPA) regulations outline a formal process for assessing hazardous waste sites and placing them on the NPL. The NPL is intended primarily to guide EPA in determining which sites are so contaminated as to warrant further investigation and significant cleanup.
The United States Department of Justice Environment and Natural Resources Division (ENRD) is one of seven litigating components of the U.S. Department of Justice. ENRD's mandate is to enforce civil and criminal environmental laws and programs protecting the health and environment of the United States, and to defend suits challenging those laws and programs.
Tar Creek Superfund site is a United States Superfund site, declared in 1983, located in the cities of Picher and Cardin, Ottawa County, in northeastern Oklahoma. From 1900 to the 1960s lead mining and zinc mining companies left behind huge open chat piles that were heavily contaminated by these metals, cadmium, and others. Metals from the mining waste leached into the soil, and seeped into groundwater, ponds, and lakes. Because of the contamination, Picher children have suffered elevated lead, zinc and manganese levels, resulting in learning disabilities and a variety of other health problems. The EPA declared Picher to be one of the most toxic areas in the United States.
The United States Environmental Protection Agency (EPA) defines brownfield land as property where the reuse may be complicated by the presence of hazardous materials. Brownfields can be abandoned gas stations, dry cleaning establishments, factories, mills, or foundries.
There are many exemptions for fracking under United States federal law: the oil and gas industries are exempt or excluded from certain sections of a number of the major federal environmental laws. These laws range from protecting clean water and air, to preventing the release of toxic substances and chemicals into the environment: the Clean Air Act, Clean Water Act, Safe Drinking Water Act, National Environmental Policy Act, Resource Conservation and Recovery Act, Emergency Planning and Community Right-to-Know Act, and the Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as Superfund.