YERINGTON PAIUTE TRIBE 171 Campbel Lane ‘Yesingion, NV 49487 Phone: (775) 73-0200 Pan: (775) 463.2616 acmeman Mans 2018 Vice-Chairman ibn ate Secretary Seott Pruitt, tener USEPA Headquarters ‘See Roberts William Jefferson Clinton Building somber 1200 Pennsylvania Avenue, N.W. Dear Sevens Mail Code: 11014, sane ‘Washington, D.C, 20860, Re: Anaconda Copper Mine Deferral Agreement and Failure to Meet Consultation Duties ear Secretary Pruitt, Lam writing to address an issue of Trust responsibility: the United States, and specifically your agency, failed to comply with its consultation obligations to the Yerington Paiute Tribe in connection with the Yerington Anaconda Copper Mine. Under your direction, the United States Environmental Protection Agency (EPA) derailed a long awaited and badly needed decision to add the ste to the National Priority List, By deferring the lead authority of this multi-jursdietion site tothe State of Nevada, your office abdicates responsibilty forthe environmental ‘damage caused to the Yerington Paiute Tribe's and other stakeholders natural ‘The EPA Policy on Consultation and Coordination with Indian Tribes states, in pertinent part, that itis EPA poliey “to consul on a goverament-to-government basis” with Tribes “when EPA. ‘actions and decisions affect tribal interests", and that such “[cJonsultation is a process of ‘meaningful communication and coordination between EPA and tribal officials prior to EPA taking actions or implementing decisions that may affect tribes.” (Emphasis added.) ‘As Administrator ofthe Environmental Protection Ageney, you filed to meet any standard of ‘consultation on a government-o-government basis prior to making the decision to enter into the deferral agreement with Nevada, The agreement you signed on February 5, 2018, in Yerington, includes determinations of the amount and quality of support for resources for other agencies participation on the site; however, the final iteration lacks realistic Financial support or provision forthe Tribe's regulatory authority regarding their natural resources affected by the mine ‘Simply informing the media and ther non-tribal stakeholders of the decision is not true tribal consultation, During the January 25" meeting with Region 9 sta, I was informed the decision for deferral comes from your office; according to Alexis Strauss, ating Regional Administrator, Region 9. As the decision maker, you must follow the EPA’s Indian consultation policy which requires you to meet directly with Tribal leaders. “toe Agency is Bava Opportunity Providers Employer‘imply informing the media and other non-tibal stakeholders ofthe decision isnot true tribal ‘consultation. During the January 25" meeting with Region 9 sta, I was informed the devision fordeferral comes from your office; according to Alexis Strauss, acting Regional Administrator, Region 9, As the decision maker, you must follow the EPA’ Indian consultation poliey which requires you to meet directly with Tribal leaders. ‘The EPA Policy on Consultation and Coordination with Indian Tribes further states thet the “EPA recognizes the federal government’ rust responsibility, which derives from the historical ‘relationship between the federal goverment and Indian tribes as expressed in certain treaties and Federal Indian law”, and that the “EPA ensures the elose involvement of tribal governments and sives special consideration to their interests whenever EPA’s aetions may affect Indian country ‘or other tribal interests” [None of that occurred hese. ‘The EPA failed o follow its own Policy. Examples of this failure include the following: ‘© Failure to involve the Tribe inthe deferral agreement process andl asa signatory: Fail making documents, ‘+ The Tribe requested an in person meeting to assist in the drafting of the MOU and instead ‘Bot pushed off and sent a deficient draft that required revision because of blatant misunderstandings and misrepresentation of Tri ‘+ Repeated, redundant requess for information from the Tribe creating excessive ‘administrative expenses; ‘Statements of negotiation between EPA snd NDEP on Tribal involvement without involving the Tribe in said negotiations (se deferral agreement), ‘© Blatant disregard to Tribal involvement in response to legislative questioning on funding allocations during the Interim Finance Committee meeting on February 8 where NDEP ‘Administrator told the legislative committee thatthe Tribe would only receive funding up 10 $100,000 over the next five years for the project; ‘© Faltve to respond to information request and comments on documents this includes ‘comments on the proposed MOU that were distegarded in subsequent drafts; ‘+ Completing an action that is contrary to EPA poliey and repeatedly misrepresenting EPA ‘euidanee. The Anaconda Mine Site does not qualify for deferal according o the EPA ‘guidance document cited in the agreements; + On January 25%, the EPA regional staff fold our staff thatthe deferral agreements would be signed with or without our concurrence and the required MOUS, 1+ Neither of the tribes involved have signed MOUs with any other agency, however the deferral was allowed to occur over our continued substantiated concerns and objections ‘Atbottom, inviting the Tribe last-minute 1 @ “photo op” to eelebrate a fait accomp is not ‘consultation on a government-o-government basis. Unfortunately, this also gives the impression that you excluded tribal representation as agreements were signed behind locked gates. ‘As Chairman of the Yerington Paiute Tribe, I request that you abate the deferal agreement you signed with the State of Nevada on February 5, 2018, and put al related actions on hold, until your agency fulfils its obligation to meaningfully consultation, Page 2 of2Sincerely, ani, favie A. Thom, Cina ‘Yeringion Paiute Tiibe ‘ce: Inspector General Arthur A, Elkins, J USEPA Headquarters William Jefferson Clinton Building 1200 Pennsylvania Avenue, N.W. Mail Code: HOLA. ‘Washington, D.C. 20460 Matthew Z. Leopold Office of General Counset USEPA Headquarters ‘William Jefferson Clinton Building 1200 Pennsylvania Avenue, N.W. Mail Code: 1101, ‘Washington, D.C. 20460 Chairman Amber Torres Walker River Paiute Tribe P.0, Box 220 1022 Hospital Road Schurz, NV 89427 Senator Catherine Cortez Masto 204 Russell Senate Office Building ‘Washington, DC 20510 Senator Dean Heller 5324 Hart Senate Office Building ‘Washington, DC 20510 Congressman Mark Amodei 332 Cannon House Office Building ‘Washington, DC 20515 ‘Congressman Ruben Kihuen 313 Cannon House Office Building ‘Washington, DC 20515 Page 3 of 4Senator John Hoven Chair ofthe Senate Committee on Indian Affairs 338 Ruseell Senate Office Building ‘Washington, DC 20510 ‘Senator Tom Udall Vice Chair ofthe Senate Committ on Indian airs 531 Hart Senate Office Building ‘Washington DC, 20510 Senator Elizabeth Warren 317 Hart Senate Office Building ‘Washington, DC 20510 Congresswoman Nancy Pelosi 233 Cannon House Office Building ‘Washington, DC 20515 Austin Tighe ‘Nix Patterson & Roach, LLP 3600 N. Capital of Texas iy. Suite B350 Austin, TX 78746 President Jefferson Keel Nation Congress of American Indians Embassy of Tribal Nations 1516 P Streot NW ‘Washington, DC 20005 Inter-Tribal Council of Nevada ‘fo Daryl Crawford 6680 Greenbrae Drive, Suite 265 Sparks, NV 89431 Enclosures Yerington Paiute Tribe Resolution 18-13, "National Congress of American Indians Resolution ECWS-18-002 Inter-Tribal Council of Nevada Resolution 03-ITCNI Walker River Paiute Tribe Resolution WR-26-2018 Page 4 of 4{YERINGTON PATUTE TRIBE 171 Campbell bane ‘eign, NY 49487 Pon: 775) 73-0200 Fan C75) 463-2016 tat Chatman Resotution No: RYBG-13 te resolved bythe Count of the Yerington Paiute Th —— WHEREAS, the Yerington Paiute Tribe of Nevada adopted and ratified theit Constitution and By mesint ese Yen aan erga 5, apn 20 Meg Beat ie 3 oye moment amin 3 TONY Shogo, apn #2008 the Repay 13, 20335 an mie Bein stevens WHEREAS, the Yerington Paiute -rrival Cound is the recognized governing body of the eo WHEREAS, he ese gts Ne” secon +f Come: 28 Maine ‘reas in rong fort fey an wer of PB a wens, tn ates tate CWE Mi an ae af tho United oneness ne ne arn ‘onder © seme, pees on an 2 or Fron ration, ws see ates nase Un ee her eas et ai re meen ae te urn oe rice Sates 2 ae eee ‘een Be PUNE th Und tn ee of nd vet © aco Nae value a sree sunnt cinense amas tr = Tada eh ne ian peopl, hereby establish end rcley Canningam. submit the following resolution; ‘and “eres, te National Congress af American Tce COA a, ‘etabshed in 1944 and is WHEREAS, th teat naan organization oF Aenean Ie “Sod Alyse Native Eda ‘governments; and ueneAs, a federal recognized Tbe aM Fe i pratute Tbe and the Walker WHEREAS 2 oot Gave th ati © SOT ort to Tovoreignty and the River Fas, overegty prevent mandating © ta formant to take certain acllons Prduing government approval and ventas, he mnng aces oft Yoga ASC og th regetively impacted WHEREAS, Tsk an cae ans fe eds “Sle Walker River Paiste a a ona ae a a Mand has not fully ceased Tip ses at a ater Resources Ine, cvs SPSS ‘mining and wnenens, The Feder! Goverment. has 2 mer) PGES (ig bighest responsibilty and WHEREAS, The Fate Co" Gnta states, 316 US, 280; fee ‘sc prisples of 16 sro Gert Ean eats repina 2 easy the On “Srrenrmental sabukes spect that the £4 uncer federal tw ministered Pye Phen Stes ervironmental than, Cour, 28 ce ace reguatry auton oe uth ourees on” Indian Protection MOL thre has been on express art of Sic) atronty rom Congress OF poser beteen the state and Tbe; ane ‘wveneas, The Yeriaton Pte Te requested INS HAS hag Environmental Protection WHEREAS, Te aod respons ft dean et hey ond remediate damages geey su eta ft the fae fC Se medi provide adequate 620 cause by mii eyes and CERCLA compa ea UP Teme? 2 ‘walla cornmurity calacion erigr comment and particpation periods ‘wnereas, The United Stats Envronmentl Protec ASS 53 centered ito an agreement WHEREAS, The a ith the ote of Nevo Taya ee Suthorty of the Yeringtor ay na nq! Opportunity Provider and DoveNATIONAL CONGRESS OF AMERICAN INDIANS ‘The National Congress of American Indians Resolution #ECWS-18-002, TITLE: Protecting Tribal Interests from Delegations of Federal Authority to Pence States and Support for Tribes Affected by Anaconda Mine Site Cleanup ee wae es we, dhe mneanber of the National Congres of American Indians af wt __ the United Siates, invoking the divine blessing of Ge Creator upon our efforts and ESSE Y*" purposes, in order to preserve for ourselves and our descondans the inherent sovercign ‘ectgrecreony rights of our Indian nations, rights secured under Indian teties and agreements with Beinn the United States, and all other rights and benefits to which we are entitled under the ree laws and Constitution of the United States, to enlighten the public toward a better understanding ofthe Indian people, ro preserve Indian cultural valu romote the health, safery and welfae of the Indian people, do hereby establish and submit the following resolution; and WHEREAS, the Notional Congress of American Indians (NCA was established in 1944 and isthe oldest and largest national organization of Amesican ‘geome Indian and Alaska Native tel goveruments and ane WHEREAS, all federally ecognized tribes, inluting the Yerington Paiute evitiiee Tye and the Walker River Pate Tbe derive thei authority to govern from their wa =e, inherent sovereignty; and oo WHEREAS, the mining activities atthe Yeringlon Anaconda Mine site have seemee "negatively impacted pollute the trast and ceded lands the Yerington Paiute Tribe cote and the Walker River Pate Tribe and Em ate WHEREAS, activities impacting wibal interests are ongoing, as Quaterra fozpomn” Resourves inc, throigh its wholly owned subsidiary ingase Peak Services, continues See exploratory mining: and WHEREAS, the federal government has 4 “moral obligation of the highest responsibility and trust” (Sersnole Nation vs, United States, 36 U.S. 286, 296 (1942)) ¢o Indian tribes; and WHEREAS, dhe United Siiey Ravirommnental Protection Agency (EPA) is responsible for implementing federal environmental statutes, including in Indian Country, and states lack authority to regulate pollution sources on Indian reservations except hy express grant of authority from Congress or agreement with ati; and WHEREAS, the Yerington Paiute Tribe requested the EPA assume ead ‘Serene responsibility for the cleanup activities to identify and remediate contamination at the femme mine site afer the State of Nevada failed to conduct adequate data collection and snalysis activities, CERCLA compliant clean up remedies, and sufficient community engagement; and[NCAT 2018 Winter Session Resolution ECWS-18-002 WHERBAS, on February 5, 2018, the EPA entered an agreement with the State of Nevada tsansfrring mine site cleanup authority hack tothe State of Nevada without meaningfully consulting the impacted tribes; and WHERRAS, the Yerington Paiute Tribe andthe Walker River Paiste Tribe have jurisdiction ‘over their own land, air and water resources, and only the EPA has heen directed bythe United States, ‘Congres to implement federal enviroamental statutes on tribal lands NOW THEREFORE BE IT RESOLVED, thatthe National Congress of American Indians (CAN) supports the Verington Paiute Tribe and the Walker River Paint Tribe to protect thee ln, resources, and soverign rights to oppose actions suel as the federal delegation of authority to the State of Nevada to clean up the Anaconda Mine site; and BE IT FURTHER RESOLVED, that NCAI calls on the federal goverament 0 uphold its treaty and inst obtigations to tribal governments by ensuring all agencies that allow states to assume federal permitting or other decision-making authorities tat affect tba lands, waters, oF sacred places, demonstate compliance with federal trust obligations, treaties, consultation requirements, the LUN Declaration on the Rights of Indigenous Peoples, and all other statutory responsibilities of federal agencies in thse matters; and BE IT FURTHER RESOLVED, that NCAT calls on the EPA and other federal agencies to _mcaningfully include tribes throughout al decision-making processes that implicate bal interests — including those related tothe delegation of federal authorities to state governments—to ensure the protection of tribal sovereignty, lands, resources, and sacred spaces; and BE IT FINALLY RESOLVED, that tis resolution shall be the policy of NCAL uni it is withdrawn or modified by subsequent resolution. (CERTIFICATION ‘The foregoing resolution was adopted by the Executive Committee atthe 2018 Executive Couns Winter Session of the National Congress of American Indians held in Washington, D.C. |, President Page 2 0f2: INTER-TRIBAL COUNCIL OF NEVADA, INC. 0 OREENBRAE OR, SUITE 05 -SRK, eB34 @ o.sok ro: Ren, wre sone 7) as0an0 PACs io, f nsoLUTION NO.sTCN ie SOLUTION NO. 2ITCN-8 I surronr or ir neruny or re serve ‘RiNGTON ANACONDA MINE SITE TO PROPOSED SUPERFUND STATUS EASES | WHIEAS, th nr Come ofan, rani a open aorce ‘the Consens ented a November 174 an ESRUNYESCL—YTEREAS, te pos ote neil Come of Nevada, eae ns Sin ‘Suan pei, = WHEREAS, the acu Bom Bly ompid ofthe etd 27 repens oft = ‘been Sec Red wise tried by ane exon at = WHEREAS, — the esi ono erat te, TC ha cating tee a he = teh eaten an ett ts Aner nan peop na, Ru HEREAS, sl ey eopied THsnhg he eigo Pate Ti he — Wale Re Fe bem dee pre en etm pmol ‘svelte cert peet anda sl } i government to take certain actions including government approval; and, = WHEREAS, te mining ofthe YerioeAnconts Mie Se have eae eeu toyed spline est teed eed eso =i ‘Yip Paes Waller ver Pe Tb sc re oo {ert 19 Hopes inca ot yc aces eee 25th whl ond sey oa Sige ek Satie teas pete ia ad FROUeSié ———WIERRAS, de ra Covent a ral lpn oft ight potty and concn itt Goniol ation Unie ey, 16 US 2,26 (19) 28 on Finca in EPA dic ero tpn ee av vient i nds Cony nd er iy ney — ‘the United States Environmental Protection Agoncy, states lack regulatory exon ‘story vr unre oe an Recon lee a no ci Siren pn ath ory fom Consors Beene Se mice, shen, er WHEREAS, — te Yingon Fuse Tie equate Und Sis vent Potion es ‘Any teenporn cis ele Si ecg cally ming opt Ss rc Sa ot een [Notntatlvegns cline en oa ies CERCLA =r cnn Capes ell coum ele ca ed jutcenpetc oe WHEREAS, te Sat vonmet Proton Agen has ate in an sar ove raf Pen 218 wih hi of rar ed ree ‘Sort oft Yen Arcodn be Slennp eft bck we Se Sha {tNeyta wou pores» pvenent contin Whe er vous Inge ye opin sn coum of he Veto sem Mie wae page of Reston TSINTER-TRIBAL COUNCIL OF NEVADA, INC. 600 GREENBRAE OR, SUITE 265 «SPARKS, NV 00491 720, BOX 7440 = RENO, NV 88510 PHONE (775) S55 0800 « FA (75)255-0048| Sle andthe CERCLA identied bonis fentaintion extend ata the lund of ho Yerngton Pinte Tow te Waa River Pie Trea WHEREAS, the Yeingion Pate Tribe and he Walker Rive Pai Tribe fave justin ‘verte respecte land, iran wate sue of each te an en he Und Stes Envtonnetal Proton Agency has been rece by th Unie States ‘Congreso implemen races sts on el len sd, WHEREAS, the Unied Ste vrosental Protection Agency doesnot hehe matory {concede sponte othe Yering Pat and Waker Rvs Pale Tribe tte Nevada Divison of Env oneal Protons, icy dt st rt ihe WHEREAS, the United Stes Evironment Protein Agcy hi the unos ere, good ih ad padoce whore ‘Cncenod ond efecto, ‘THEREFORE BE IT RESOLVED, that he ITCN wil wppot he Yeraglon Paste Tribe and “Wolke Hivr Psig Tabe and ay tb alee by the iplontions of deions regarding esup remediation, ad fre we tos rhe Veingtn Anson Mie Stan, [BET FURTHER RESOLVED THAT to mtn sovereignty el one th the Unie Snes Congress dermined tat and fiuclay responses snl all splebl rerponsbilies m= ‘ented in supotngdocimenation andi the rate ofl es lected by the Vernon “Anaondn Mine Stet prot tal sovereign, site actin to nme that tr of the Yetinglon Anmzond Mia seo popsed Super tatesl rul elatnships are ope ‘cernimicaTion ‘The fring rslaton was adopted at tho dy clled eating of the Inter-Tribal Coc af "Neva, Eeeatie Beard mectng held on te 9 day of Febery, of 2018 bya ve of 9 ft, © ins end Abstntons, ‘Chad Malone, Secry TTCN Execute Hoar Page 2of2 Resolution O3TCN-18Walker River Paiute Tribe 7022 Hospital Road» PO, ox 220+ Schurz, Nevada 89427 “Telephone: (75) 77-2306 ax: (778) 7732585 LUTION OW-THE. GOVERNING BODY OF THE WALKER RIVER PAIUTE TRIBE RESOLUTION NO. WR-26-2018 RESO BE YT RESOLVED BY ‘THE TRIBAL COUNCIL OF THE WALKER RIVER PATUTE TRIBE THA’ WHEREAS, the goveming body ofthe Walker River Paiute Tribe is organized under the provisions ofthe Indian Reorganization Act of Jane 18, 1934 (48 Stat 984) lmended, to exercise ootain rights of home roo and to be responsible fr the promotion ofthe economic and social welfare ofits members; and WHEREAS, all federally recognized Tribes including the Yerington Paiute Tribe sand the Walkor River Paiute Tribe mst derive their authority to govern from their own sovereigns and the principles of sovereigny prevent mandating a tribal government to fake certain ations including government wpproval; and WHEREAS, the mining activites ofthe Yeringlon Anaconda Mine Site have ‘negatively impacted and polluted the tus and ceded lands and related waters ofthe ‘Yerington Paiute Tbe ad the Walker River Paiute Tribe sine it started operations in 1918 as the Empire Nevada Mice and bas not fully ceased activities a ofthis date as Quaterra Resoures Ine. through is wholly owned subsidiary Singstse Peak Services, confides exploratory minings and WHEREAS, Tho Federal Goverment has a “moral obligation ofthe highost espoustbility and frst” (Seminole Nation vs. United States, 16 U.S, 286,296 (1942)) land puineiples of law apecify that the FPA diretly is responsible o implement federal ‘environmental states in Taian Country, and under federal law administered by the United States Environmental Protection Agen, slates lack regulatory authority over pollution sources on Indian Reservation unles hore has been an express grant of such thority ftom Congress or agreement between the Site and Tribe; and WHEREAS, The Yerington Paiute Tiibe requested the United States nvironmenial Protection Ageney assume lead responsibility forthe cleanup activities to identify and remediato damages caused by mining operations afer the failure ofthe Stato of Nevadi to provide adequate data colection and analysis activities and CERCLA‘compliant clean up remedies aswell ss community and stakeholder comment and patticipation periods and; WHEREAS, The United Staes Fnvironmental Protection Agency has entered {nto an agreement as of February 5,2018 with the late of Novedato transfer lead authority ofthe Yerington Anaconda Mine Site eleanyp efforts back tothe State of Nevada without government to goverament consultation with the tribes impacted bythe ‘operations and contamination ofthe Yeringon Anaconda Mine Site and; asthe CERCLA ‘eniiied toundavies of contaminstion extend ont te lands of the Yerington Paiute “Tribe andthe Walker River Paiute Tribe and, WHEREAS, The Yerington Palute Tibe and the Walker River Paiute Tribe have Justition over the respective land, air and weter sources ofeach tibe and only the ‘United States Environmental Protection Agency has been directed by the United States ‘Congres to implement federal environmental statutes on tribal land; and WHEREAS, The United States Environmental Protection Agency does not have ‘he autbority to concede its responsi tothe Veringlon Paiute Tribe and Waller ‘River Paiute Tse to the Nevada Division of Environmental Protection; and WHTERNAS, The United States Hnvironmental Protection Ageney has fiduciary ‘dty to et with the vost ear, good faith, and pradence where Indian wust rights are ‘eancerned and affected; and NOW THIEREPORE BICIT RESOLVED, tht the NCAI will suppot the ‘Yesington Paiute Tribe and Walker River Piute Tribe and any Tribe affected by the plications of decisions regarding cleanup, remediation, an ature use actions forthe ‘Yerington Anaconds Mine Sites ant inal easoauble efforts to maintain sovereignty and ‘ensure tha the United States Congress determined tut and fiduciary responsibilities and all applicable responsibilies as identified in supporting documentation and inthe treaties ofall tribes affected by the Veringlon Anaconda Mine Site to protect tribal soveroignty, snd take action to ensure that tribal trast relationships ae upheld and support theresa ‘of the Yerington Anaconda Mine site to proposed Superfund status with the EPA asthe lead agency regulating the site that inciudes publi, private and Tibal trust propery [BEIT FINALLY RESOLVED thatthe Walker River Paiute Tibul Counell does ‘euhorize the Chaieman, VieeChairnan, or designted representative 1 enter into, negotiate, and execute an agreement and make any amendments thereto and tht this greenest is elosed, renegotiated, or amendedCERTIFICATION It is horoby certified that the foregoing Resolution of the Walker River Paiute Tribal Couneil composed of seven members, of whom _6_ constituting a quorum were present sta meeting on the 8 day of February, 2018, apd thatthe foregoing Resolution was ‘adopted by the affimative voo 5 -FOR, _ .BSTENTIONS, Pursuant to the Constitution of the Walker Rivez Paiute Tribe of Nevade, approved on March 26, 1997. Teh Poko fd Gane La » Walker River Paiute Tribe