New GAO Study Reveals Systemic Shortcomings in EPA’s Management of Superfund Sites On or Near Tribal Land

Remediated areas of the Jackpile-Paguate Uranium Mine in Laguna Pueblo, New Mexico.

Published February 25, 2019

WASHINGTON — Last Friday, Rep. Raul Ruiz, M.D. (D-CA), Chairman Raúl M. Grijalva (D-AZ), Vice Chairman Tom Udall (D-NM), and Sen. Bernie Sanders (I-VT) announced the release of a Government Accountability Office (GAO) report entitled “Superfund: EPA Should Improve the Reliability of Data on National Priorities List Sites Affecting Indian Tribes.” For the first time ever, tribes now have access to a comprehensive list of Superfund sites – locations where hazardous materials have contaminated the environment and threaten the public’s health – that are on or near tribal lands or have tribal impacts. These sites can include dangerous fuels, chemicals, and other waste with devastating impacts on human health, agriculture, and the environment.

The report is the first in a series of GAO studies examining the adequacy of federal policies that protect tribal lands and recommendations for improvement. The GAO also made four recommendations to improve EPA’s consultation process and recordkeeping to ensure tribes are meaningfully consulted on projects that could have a significant impact on their health and economic wellbeing.

“EPA’s inconsistency in determining when they need to engage in meaningful consultation with tribes is unacceptable,” said Rep. Raul Ruiz, M.D. (D-CA).“These are some of the most contaminated places in the country. Failing to consult and meaningfully address tribal health and environmental concerns is a clear violation of the federal government’s trust responsibility. As Vice Chair of the House Subcommittee on Environment & Climate Change, I plan to hold EPA accountable to implementing the recommendations included in this report and ensuring adequate tribal consultation across the entire agency.”

“The report confirms what we’ve heard from Indian Country all along. EPA needs a clear, publicly accountable way to identify and address Superfund sites on or near tribal lands,” said Chair Raúl M. Grijalva (D-AZ).“Not having that policy has put Native people’s health and well-being at risk, and that needs to change as soon as possible.”

“The EPA is failing in its mission to protect public health and a clean environment for our country’s Native American communities,” said Sen. Bernie Sanders (I-VT). “The Native American people have been lied to, their treaties violated, and their views ignored on issues like toxic contamination that impact their communities. Enough is enough. We must fight for a new relationship between the federal government and the Native American community until they are treated with the respect and dignity they deserve.”

Background

In 2016, following the U.S. Army Corps of Engineers’ failure to provide adequate tribal consultation prior to their approval of the Dakota Access Pipeline, Dr. Ruiz – who then served as the Ranking Member of the House Subcommittee on Indian, Insular and Alaska Native Affairs – along with other Members and Senators, called for a review of the federal programs and policies that protect the health and environmental security of American Indian and Alaska Native communities. GAO initiated the study at the beginning of 2017.

Fast Facts from GAO

“EPA’s National Priorities List sites are some of the most contaminated places in the country. They may pose unique challenges for Indian tribes. For example, toxic substances in 2 New York rivers pose a threat to one tribe’s health and its subsistence lifestyle, which includes fishing.

EPA has a policy to consult with tribes if its efforts to deal with these sites may affect them. In some cases, consultation is a legal mandate. However, we found the databases EPA uses to track sites and tribal consultations are sometimes inaccurate.

We made 4 recommendations, including that EPA improve its data and clarify its guidance on consultations.”