Tribal Case Study: Data and Tribal Sovereignty Nate Herbst Southern Ute Indian Tribe

2 Introduction Monitoring provides data that allowstribe to make important decisions Data –Can protect tribal development rights –Help protect health of tribal members –Help tribe make knowledgeable environmental decisions All aspects of tribal sovereignty

3 History of Tribal Sovereignty 1934 “Indian Reorganization Act”, part of Franklin D. Roosevelt’s “New Deal” Tribes have “inherent powers of a limited sovereignty which has never been extinguished” Act provided foundation for tribal sovereignty, though few legal rights granted

In McClanahan vs. Arizona, Supreme Court ruled against income tax on individual Native Americans living on reservations-- tribal sovereignty issue 1997 In Idaho vs. Couer d’Alene Tribe, Supreme Court: “Indian Tribes…should be accorded the same status as foreign sovereigns, against whom states enjoy 11 th amendment immunity.” History of Tribal Sovereignty (cont.)

5 Recent Tribal Sovereignty Cases United States vs. White Mountain Apache Tribe: Tribe sued because of un-kept property United States vs. Navajo Nation: Tribe sued govt. for monetary compensation ($600M) for unpaid mineral leasing monies Inyo County vs. Paiute-Shoshone Indians: Tribe claimed law enforcement searches on tribal property without tribal consent are illegal

6 Tribal Sovereignty and the EPA 1984 EPA Administrator William Ruckelshaus signed EPA Policy for the Administration of Environmental Programs on Indian Reservations Recognized tribal sovereignty in environmental areas Policy reaffirmed by EPA Administrator Christine Whitman in 2001 In January 2001, OECA issued Final Guidance on the Enforcement Principals Outlined in the 1984 Indian Policy

7 U.S government officially recognizes tribal sovereignty Tribes have many rights that states have Rights cover environmental monitoring and compliance issues Data necessary to support environmental decisions/ tribal sovereignty Tribal Sovereignty Issues

8 Steady growth in population, natural resource development Increased public awareness of environmental issues Many live here because they love outdoors, pristine environment Residents do not want further deterioration of environmental quality Four Corners Environmental History

9 Ozone in the Four Corners Southern Ute Air Quality Program (SUAQP) began in 1981 One of the first tribal air programs Local ozone levels always “reasonable” Few new air quality programs in area

10 Regional Ozone Data SUAQP data show recent decresed ozone levels Bloomfield and Mesa Verde data show ozone increase Ozone formation complex Southern Ute Reservation in a geographically, topographically and meteorologically unique area Reservation has different types of sources

11 Development on Reservation Southern Ute Tribe –Developing its natural resources –Environmentally conscientious Tribes has drawn criticism from different “fringe” groups These groups often cite Bloomfield’s increased ozone levels as basis for their concerns

12 Development in San Juan County Bloomfield may surpass ozone 8-hr NAAQS San Juan County entering agreement with EPA Agreement –Designed to protect San Juan County in case of “nonattainment” –Will limit economic development in county –Will protect San Juan air quality

13 The “Situation” Local activist groups believe same reduction strategy good for La Plata County Such an agreement would decrease tribal economic growth If reservation ozone levels elevated, similar agreement might be good Local activists haven’t used any data

14 Southern Ute Tribal Sovereignty EPA limitations on tribal development would undermine tribal sovereignty Cautious, environmentally conscientious development has occurred Developing economic resources while maintaining reservation environmental health is an illustration of responsible tribal sovereignty

15 The Importance of SUAQP Ozone Data Without reservation ozone data, limitations would be imposed Tribe has 22 years of ozone data Data confirm ozone levels reasonable, decreasing Continued responsible development is OK Data have helped preserve tribal sovereignty Note: Importance of data illustrates need for good data QA/QC

16 Actual 8-hr Ozone Data

17 Actual Ozone Design Values

18 Different Ozone Levels Reservation ozone levels at record lows Data confirm responsible economic growth has occurred San Juan County, NM emits 22 times Nox, 7 times VOCs as La Plata County,CO San Juan County warmer, more arid San Juan County ozone levels not representative of Southern Ute Reservation or La Plata County

19 Data to the Rescue Without data, tribal economic development would be limited Direct infringement on tribe’s sovereignty Tribe’s data priceless Data have –Preserved environmentally responsible economic development –Helped preserve tribal sovereignty Note again: data QA/QC were vital here

20 Data will Help Your Tribe Ozone monitoring is beneficial If data show ozone problem, your tribe can implement control strategies If data show no problem, your tribe can encourage environmentally responsible economic development Data help tribes make good decisions Data help protect tribal sovereignty

21 Summary Federal government beginning to recognize tribal sovereignty Tribes must exercise sovereignty Rights include decisions on health and economic development on reservation Data necessary to make well informed decisions Without data, tribal sovereignty is limited Without good QA/QC, data are worthless