Environmental Justice

[Lenny Siegel <lsiegel@igc.org>]

NATIVE SOVEREIGNTY

Congress has taken a major step in this year's Defense Authorization bill by
recognizing the sovereign authority of Indian tribes to oversee Department
of Defense environmental cleanup activities. Section 322 allows the
Secretary of Defense to enter into agreements, similar to existing Defense
State Memoranda of Agreement (DSMOA's), in which Indian regulatory
agencies would participate in the environmental restoration process.
DSMOA's typically provide cost reimbursement, a critical factor for Indian
nations, which generally do not have the resources to operate environmental
agencies. The U.S. government thus recognizes Indian authority, not only
on Indian reservations, but on other lands impacting Indian nations.

There is precedent for such arrangements. Indian tribes near nuclear
weapons plants, such as the Nez-Perce and Santa Fe Pueblo, have
negotiated agreements with the Energy Department.

The timing of this provision fits well with other programs. Later this year
the Administration for Native Americans, a branch of the Department of
Health and Human Services, will award $8 million in technical assistance
grants to Indian tribes and Alaska natives to develop programs to oversee
Department of Defense environmental activities.

Implementation of this provision will not only give Native Americans a say
in cleanup goals, remedy selection, and priority-setting. It strengthens their
long asserted but, just as long, ignored government-to-government
relationship with the United States.

This article is reprinted from the September, 1994 edition of the CITIZENS
REPORT ON THE MILITARY AND THE ENVIRONMENT. For more
information, or to be place on the mailing list, contact <lsiegel@igc.org>.