1. Twa-le Swan Spokane Tribe Working Effectively With Tribes June 2014

2. Working Effectively With Tribes UNDRIP and Free Prior & Informed Consent Feedback from participants at the 2014 National Tribal Forum on Air Quality –Barriers to Community Outreach –Tools for Community Outreach –Tips for Reaching Tribal Communities Very productive discussion

3. FREE PRIOR AND INFORMED CONSENT (FPIC) UN Declaration on the Rights of Indigenous Peoples

4. Free, Prior & Informed Consent “Indigenous Peoples have fought for the recognition by their national governments, the international community and by companies of their right to give or withhold consent for project development. The right relates directly to the right for Indigenous Peoples to control their own future and the future of their people. It has been stated as the right to give or withhold their free, prior and informed consent to actions that affect their lands, territories and natural resources.” –Oxfam Guide to Free, Prior and Informed Consent

5. FPIC is a specific right for Indigenous Peoples as recognized in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) –It is a collective right, the community as a whole has the right to give or deny Free Prior and Informed Consent In 2007 the United Nations passed the Declaration on the Rights of Indigenous Peoples (UNDRIP). It covers 46 issues important to Native people, including: –Self-determination, or the right of a people to decide their political status and government –Culture and language –Education and health –Housing, land, resources and environment –Indigenous law

6. FPIC Definitions Free from force, intimidation, manipulation, coercion or pressure by any government or company. Prior to government allocating land for particular land uses and prior to approval of specific projects. Enough time must be given to consider all of the information and make a decision.

7. FPIC Definitions Informed, all of the relevant information to make a decision about a project must be given –Language must be easy to understand –Access to independent information, not just information from the project developers or the government. –Access to experts on law and technical issues, if requested, to make decisions

8. FPIC Definitions Consent requires that the people involved in the project allow indigenous communities to say Yes or No to the project and at each stage of the project, according to the decision-making process of your choice. The right to give or withhold consent is the most important difference between the rights of Indigenous Peoples and other project- affected peoples.

9. Free, Prior & Informed Consent Talking does NOT mean agreement. It is included in the right to obtain information. Resources: –United Nations Declaration on the Rights of Indigenous Peoples (http://www.un.org/esa/socdev/unpfii/documents/D RIPS_en.pdf) –Oxfam’s Guide to Free, Prior and Informed Consent (http://www.culturalsurvival.org/sites/default/files/g uidetofreepriorinformedconsent_0.pdf)

10. TRIBAL FEEDBACK National Tribal Air Forum 2014 – Swinomish Reservation

11. Barriers to Reaching Tribal Communities Infrastructure – internet, cable, cell phones Language Barriers Remote/Isolated Communities – Travel $ Media Accessibility Jurisdictional/boundary issues “Someone else will do it” Diverse communities/residents Personalities – scientists are not necessarily teachers. Teaching styles - adults vs youth or elders Schools not doing “good science” Grants – population served too small to be competitive Tribal Politics Adequate time is needed to build trust, consistency in relationships Historically marginalized and traumatized populations. Why should we trust you?

12. Effective Tools to Reach Tribal Communities FoodRadio – PSA’s, Facebook/Social Media, Flyers, Newspapers Word of Mouth – Door to DoorHealth/Housing/Job/Energy Fairs & Celebrations-Earth Day Tribal staff/employees – training, email Youth- school presentations, curriculum development, internships, environmental camps Presentations to group homes, Treatment Centers, Residential Schools Knowing & participating in your community Visioning & hands-on workshopsMany different leaders in a Tribal community Listen. Follow up. Make sure input is valued. Be seen! Vehicle magnets

13. Tips for Reaching Tribal Communities 1.Don’t get discouraged. 2. Keep your phone number visible – encourage calls, questions & complaints. 3. Find an advisory committee – elders, youth, Tribal council. 4. Collaborate with other departments and agencies. Tag on to existing meetings & events. Get guest speakers. 5. Take the time to be a part of your community. Learn about the culture of the Tribe. Don’t be a speaker, be a mentor. Building trust will lead to true and meaningful input. 6. Choose one main topic each year as the focus of outreach – wood stoves, mold, radon, recycling, etc. 7. Learn the structure of Tribal governments. There are 566 Federally Recognized Tribes – if you’re doing work in a community, learn about that particular Tribe. We are not all the same, neither are our decision making processes.

14. CASE STUDY Region 8 Tribal QAPP –Tom Brooks (brooks.tom@epa.gov)

15. 1.Problem Statement: It is taking Tribes in Region 8 up to 3 years to get an approved Tribal Air Program Quality Assurance Project Plan (QAPP) 2.Plan & Identify Key Participants. EPA QA Team Lead, Air Program, Tribal Assistance Program, Facilitator, Tribal Air Program Managers, etc. 3.QI Session Planning to focus on the EPA Internal Process with Tribal input 4.Outcomes: EPA Goal to reduce the review to 60 days. 5.Increased communication and involvement in the entire process. Added conference calls reduce the review and comment cycle. 6.Assigned QA staff for each grant or QAPP = Better relationships with Tribal counterparts. 7.Researching tools for better document storage and revision sharing/tracking. 8.Follow Up – Future meetings and status updates

16. Region 8 Quality Improvement Session Planning

18. New QAPP Development Timeline SuccessesLessons Learned Improved QAPP processProper scoping & session length Clear roles & responsibilitiesRight participants New program leads & Tribal contactsPreparation is key New tracking toolUse a facilitator

19. THANK YOU! LEM LEMPTS Questions: Twa-le Swan Q 509-626-4403 Q twalea@spokanetribe.com