Traditional Ecological Knowledge (TEK) in EPA Cleanup Programs

August 2017

Forum DiscussionA Forum for Discussing How Tribes and EPA Can work Together to Consider Traditional Ecological Knowledge (TEK) in the Cleanup Program

Presenters:

• David Lloyd – Director EPA Office of Brownfields and Land Revalorization, OLEM

• Jessica Snyder – Tribal Program Manager, OLEM

• Anne Dailey – Tribal Coordinator, OLEM/OSRTI

• Julia Jacobs – Saint Regis Mohawk Tribe, Brownfields Coordinator

• Ann Marie Chischilly – Executive Director, ITEP

Moderator:

• Christine Poore – Tribal Coordinator, OLEM/OSRTI

Session Purpose

• To learn about federal government initiatives focused on TEK

• Provide information on EPA’s focus to work collaboratively with tribes to include TEK during the cleanup process, when willingly shared

• Share on the ground examples - how are tribes including TEK in the cleanup programs and working in coordination with EPA

Traditional Ecological Knowledge (TEK)

Traditional ecological knowledge (TEK) describes aboriginal, indigenous, or other forms of traditional knowledges regarding sustainability of local resources.

Background

OLEM responded to issues raised by the National Tribal Caucus and Tribal Waste Response and Assistance Program Steering Committee

Two Internal EPA Memoranda were issued:

1. Considering Traditional Ecological Knowledge (TEK) During the Cleanup Process – provides direction to improve the decision-making process as it relates to site assessment, characterization, and cleanup activities, to ensure we are considering TEK

2. Consideration of Tribal Treaty Rights and Traditional Ecological Knowledge in the Superfund Remedial Program – provides recommendations for consideration of tribal treaty rights and TEK

Overview• Definition drawn from U.S. Fish and Wildlife Services3

• Building off existing practices• Ensures consistent approach across the different OLEM

cleanup program• Applies only when tribes elect to provide TEK to agency• Agency is not requiring or asking for TEK from tribes• Agency makes decisions based on multiple factors and

considerations and TEK will not be the sole determining factor in EPA decision-making

• Approach may be modified as EPA gains experience with TEK

3. Rinkevich, S., Greenwood, K., and Leonetti, C. U.S. Fish and Wildlife Service, Native American Program. (2011).Traditional ecological knowledge for application by service scientists fact sheet. https://www.epa.gov/sites/production/files/2015-05/documents/indianpolicytreatyrightsmemo2014.pdf

Implementation

1. Identifying opportunities in which TEK may be relevant

2. Utilizing the consultation and coordination process to receive TEK

3. Being transparent in our use of TEK

Identified Opportunities

• Brownfields Program: Encourage regions to ask tribes that receive a targeted brownfields assessment (TBA) whether there is TEK that should factor into prioritizing sites for assessment.

• Solid Waste: TEK may be considered as a factor for the prioritization of open dump assessment and clean up.

• Emergency Reponses: Regional Response Teams have procedures in place for federal responses on tribal lands that include coordination on endangered species and unique tribal considerations.

Identified Opportunities• Superfund Remedial Program: Encourage Regional Site Teams

to acknowledge and consider TEK early and throughout the cleanup process.

• Tanks Program: Use processes for coordination and consultation with tribal governments to identify where the UST Program may consider TEK to improve understanding of tribal concerns and needs in a LUST site clean ups (e.g., monitoring, sampling, facility installation).

Clean Up (RCRA) Examples Old Woman Hill Site – Oglala Sioux Tribe• Oglala Sioux Tribe operates the municipal solid waste

Red Shirt Landfill located directly next to a cultural significant site, Old Woman Hill

• During the original planning, the Old Woman Butte site was considered for cover material.

• Federal government and the tribe determined that the site was culturally significant and was avoided.

Clean Up (RCRA) Examples Underground Storage Tank Clean up – Hopi Tribe

• Hopi Tribe informed EPA about clay used for quality pottery at an UST site.

• The Hopi can continue to mine the clay now that the site has been cleaned up.

• EPA learned about the historically significant clay while in the field conducting assessment activities.

Clean Up (RCRA) Examples Abandoned UST Sites – Tohono O’Odham Tribe

• The Tohono O’Odham Tribe informed EPA Region 9 about plants located on abandoned UST sites that the Tribe uses for traditionally for basket weaving.

• The tribe collected the plants before the region started fieldwork.

• EPA learned about the plants while conducting the assessment.

Clean Up (CERCLA) ExamplesGrasse River Superfund Site (aka Alcoa Aggregation) –Saint Regis Mohawk Tribe (SRMT)

• The Grasse River remedy includes dredging:

• Near shore PCB contaminated sediment and backfilling to grade

• A main channel armored cap in the upper 2 mile stretch

• A main channel sand cap for the remaining approximate 5 mile stretch of the lower Grasse River

• SRMT provided a list of plants and animals (subsistence fishing) that are culturally sensitive.

Clean Up (CERCLA) Examples

Prioritizing Brownfields Sites – Akwesasne Tribe

• A community group—Akwesasne Brownfields Committee (ABC) – was formed to provide input into the natural resources that are important to the tribe and to community.

• The individual suggestions were placed into 7 main categories: buildings, community resources, physical activities, natural resources, people, horticulture, and cultural sites.

• The TEK information was overlaid on a map of the Akwesasne land and the brownfield sites. It shows where these important areas are and how close some Brownfield sites are them.

Brownfields Examples• EPA’s Office of Brownfields and Land Revitalization (OBLR) has

several opportunities for Tribes to incorporate TEK into their brownfields initiatives.

• TEK can be considered by all tribes receiving funding from the Brownfields Program through Assessment, Cleanup and Revolving Loan Fund Cooperative Agreements (CERCLA 104(k) Grants).

• TEK can be incorporated by all tribes receiving funding via Brownfields State and Tribal Response Program (CERCLA 128(a)).

• Targeted Brownfields Assessments (TBAs) performed on tribal land are encouraged to work with the tribe to incorporate TEK.

Brownfields Examples• OBLR understands the tribal sensitivities of sharing TEK specifics.

• Tribes can use the Brownfields Inventory Tool to document TEK (information stored in this tool is private and not shared outside the tribe unless the tribe chooses to share it).

• Current Known Examples:

• Prioritizing Brownfields Sites – Saint Regis Mohawk Tribe (Julia Jacobs)

• Site history is crucial during prioritization and a perfect opportunity for TEK

• Cleanup and Redevelopment Priorities

• Culturally significant site discovered during a Phase I Assessment.

• Plans for the development of a golf course and casino were altered to ensure this land was not impacted.

• Discovery was made through working with the tribe; a contracted company performing the assessment would have missed this information.

Superfund Remedial ProgramConsideration of Tribal Treaty Rights and Traditional Ecological Knowledge in the Superfund Remedial Program, January 2017.*

• Follows EPA’s February 2016 guidance (discussing tribal treaty rights during consultations) and OLEM’s January 2017 memorandum (consideration of TEK during the cleanup process).

• Provides recommendations for considering TEK, among other appropriate factors, in the Superfund process.

• EPA respects a tribe’s decision to withhold or only partially share TEK information - Program only considers information that tribes elect to provide.

* https://www.epa.gov/superfund/remedial-program-indian-country#consideration

Superfund Remedial Program• Examples of TEK that may be appropriate for consideration:

• Tribal traditional lifeways

• Higher fish consumption practices

• Sacred sites

• The roles of tribal treaty rights and TEK should be explained and documented in cleanup plans and administrative records.

• As the Program gains experience on tribal treaty rights and TEK, the approach may be modified.

Questions