From  1986 to 1990, Congress amended these three acts to authorize EPA to treat  Indian tribes in the same manner as states for purposes of program  authorization. EPA officials  agreed that more could be done to improve the timeliness of the review  process, and the agency has recently begun working with its regions to  determine the status of outstanding requests and how best to expedite  reviews. EPA Followed Its Procedures for Reviewing and Approving Tribal Requests, except for Timely Notification to Affected Governmental Entities

According to our review of 20 approved cases in Regions 6, 9, and 10, EPA  generally followed its established processes for reviewing and approving  TAS requests. Specifically, for the 20 cases we examined, 10 took more than 1 year for  approval, with 2 taking more than 4 years. In this regard,  officials cited evolving Indian case law and complexities associated with  some jurisdictional issues as significant contributing factors to added  review time. This lack of transparency may  hinder a tribe’s understanding of what issues are delaying EPA’s approval  and what actions, if any, may be needed to address these issues. EPA Provides a Variety of Grants to Help Tribes Manage Their Environmental Programs

For fiscal years 2002 through 2004, EPA provided Indian tribes about $360  million in grants for a broad range of environmental activities. Differences between Tribes and States over Environmental Issues Have Been Addressed in Various Ways

Since the three environmental acts were amended to allow tribes to receive  TAS status and to implement EPA programs, some tribes, states, and  municipalities have disagreed over tribal land boundaries and  environmental standards that may differ from state standards. However, EPA has generally not laid out a written  strategy, including an estimated time frame, for the TAS review process. Objectives, Scope, and Methodology

The Chairman of the Senate Committee on Environment and Public Works  and the Chairman of the Senate Committee on Indian Affairs asked us to  report on (1) the extent to which the Environmental Protection Agency  (EPA) has followed its processes for reviewing and approving tribal  requests for treatment in the same manner as a state (TAS) and program  authorization under the Clean Water, the Safe Drinking Water, and the  Clean Air Acts, (2) EPA’s programs for funding tribes’ environmental  programs and the amount of dollars provided to tribes in fiscal years 2002  through 2004, and (3) types of disagreements that have occurred between  parties over EPA’s approval for granting tribes TAS status and program  authorization and the methods that have been used to address these  disagreements. In addition, we reviewed and documented the various programs  available to Indian tribes under the Indian Environmental General  Assistance Program Act of 1992 and the Clean Water, Safe Drinking Water,  and Clean Air Acts for fiscal years 2002 through 2004; and EPA’s guidelines  for providing funding to tribes through these programs.
Why GAO Did This Study

The Clean Water, Safe Drinking Water, and Clean Air Acts authorize the Environmental Protection Agency (EPA) to treat eligible Indian tribes in the same manner as a state (referred to as TAS) for implementing and managing environmental programs on Indian lands. Some states are concerned that tribes receiving authority to manage these programs may set standards that exceed the state standards and hinder states' economic development. GAO was asked to report on the (1) extent to which EPA has followed its processes for reviewing and approving tribal applications for TAS and program authorization under the three acts, (2) programs EPA uses to fund tribal environmental activities and the amount of funds provided to tribes between fiscal years 2002 and 2004, and (3) types of disagreements between parties over EPA's approval of TAS status and program authorization and methods used to address these disagreements.

What GAO Found

EPA generally followed its established processes for reviewing and approving tribal requests for TAS and program authority under the three acts, according to GAO's analysis of approved requests. However, the review time for approving these requests generally took from about 1 year to more than 4 years. In addition, nearly all of the requests currently under review were submitted more than 1 year ago. Key factors contributing to the lengthy reviews include the multiple reviews required by the agency's regional and headquarters offices, a lack of emphasis within the agency to complete the reviews in a timely manner, and turnover of tribal and EPA staff. Moreover, EPA has not developed a written strategy that establishes overall time frames for reviewing requests. EPA officials agreed that more could be done to improve the timeliness of the review process but said that complex issues--including evolving Indian case law and jurisdictional issues--may have contributed to the lengthy reviews. Furthermore, EPA's review process is not always transparent on the status of tribes' TAS requests. Lack of transparency limits tribes' understanding of what issues may be delaying EPA's approval and what actions, if any, may be needed to address the issues. EPA provided Indian tribes about $360 million in grants to fund a broad range of tribal environmental activities from fiscal years 2002 through 2004. About half of these funds were distributed through two acts: the Indian Environmental General Assistance Program Act (about $114 million)--to help build capacity to administer environmental programs--and the Clean Water Act (about $66 million)--to help prevent and reduce water pollution. Since 1986, when Congress began amending the three environmental acts to allow TAS for tribes, disagreements over land boundaries and environmental standards have arisen between tribes, states, and others. Disagreements have been addressed through litigation, collaboration, and federal laws.