National Tribal Environmental Council

After the 2008 presidential election, tribal leaders and tribal organizations met with Obama’s Transition Team to offer broad recommendations about government-to-government partnership and specific recommendations about federal agencies.  The Obama Transition Team was composed of experts who met with tribal leaders and representatives, and the National Tribal Environmental Council (NTEC) was invited to meet with the Transition Team focused on the Environmental Protection Agency (EPA).  NTEC offered a number of recommendations, and encouraged the Obama Administration to take two decisive steps: first, elevate the American Indian Environmental Office (AIEO) from the Office of Water to directly report to the EPA Administrator; and second, restore the AIEO directorship to a political appointment rather than the senior executive service position in which it was reclassified in the waning months of the Bush Administration.  There was wide agreement among tribal organizations on these two points, and an air of optimism swept through our ranks as we anticipated changes.

In the past year, the EPA has indeed made changes, but not as we had hoped and anticipated.  Rather than a direct report to the EPA Administrator, the AIEO has been laterally transferred to the newly restructured Office of International and Tribal Affairs (OITA).  EPA Administrator Lisa Jackson made this announcement on March 16, 2010.  This move was rumored for months and it was no surprise when the announcement was made.  But, it is unclear as to why AIEO was placed in the Office of International and Tribal Affairs, and exactly who might have made that recommendation.  Fait accompli.

Both Administrator Jackson and OITA Assistant Administrator DePass have almost no experience working with tribal leaders and tribal governments.  This is no criticism, but merely an observation. The AIEO director is a key position to assist the Administrator and Agency senior executives in the complicated field of federal Indian law, the development of tribal environmental management programs, and the “Treatment As A State” process.  The AIEO director also needs to understand how to communicate and work with tribal leaders and their representatives.  And, while not absolutely necessary, the AIEO director should be a Native American who has an extensive background working with tribal governments and tribal leaders.  These were among the factors for recommending that the AIEO directorship be restored to a political appointment.

In the past, the appointment process afforded tribal leaders an opportunity to offer letters and support the most qualified candidates.  Naturally, candidates were vetted and had to meet EPA professional standards, but tribal leaders were consulted and weighed into the process.  Now, that the AIEO director position has been designated a senior executive service position, the involvement of tribal leaders is doubtful, and the hiring of a director within the federal civil service who has the requisite skills, experience and sensibilities is uncertain.

Presently, EPA has undertaken a hiring process to fill the permanent AIEO director position.  The vacancy announcement was opened until April 2, 2010, and the selection process is still unfolding.  In the meantime, EPA Administrator named an acting director.

In the interim, Sadie Hoskie who is the Director of the Water Program at EPA Region 8 was tapped for a four-month detail as the Acting AIEO Director, beginning on March 29, 2010.  The process was not transparent or involved tribes, but the Administrator chose well.  Sadie Hoskie is exceptionally well qualified as she brings a wealth of tribal knowledge, and firsthand experience working both for tribes and the EPA.  Director Hoskie is a member of the Navajo Nation and understands the complexity and nuances of working with the wide diversity of federally recognized tribes, and of the challenges in building environmental programs.  It is encouraging that she is at the helm at AIEO during these transitions.

The changes that we have seen this year are not what we anticipated.  Administrator Jackson’s decision-making process seems to be tightly guarded, but she seems to be genuinely interested and concerned about the tribal – EPA partnership.  The Administrator has made building strong tribal partnerships a top priority, and she has reached out to meet with tribal leaders both in national meetings and through site visits in Indian Country.  Just how AIEO will be integrated into the restructured Office of International and Tribal Affairs is still developing, and the recently appointed Acting Director is a skilled leader who can shape the development trajectory to serve federally recognized tribes.  All in all, these changes are moving forward and present new opportunities.