ACAT FOIA Repository 64

t.fj*UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION 101200 Sixth AvenueSeattle, Washington 98101JUN I 4 2001Reply toAttn Of; ECL-115Fritz Waghiyi, PresidentNative Village of SavoongaP.O. Box 120Savoonga, Alaska 99769RE:Govemment-to-Govemment Consultation for the NE Cape Air Force Facility,St. Lawrence IslandDear President Waghiyi:I am writing to you in an effort to ensure that Environmental Protection Agency (EPA)conducts formal, govemment-to-govemment consultation with the Native Village of Savoongaregarding the Preliminary Assessment/Site Investigation at the former military sites located at NECape on St. Lawrence Island. The Tribe has requested EPA’s involvement to determine if thesite is eligible for placement on the National Priorities List (NPL).EPA recognizes its unique legal relationship with Tribal governments as set forth in theUnited States Constitution, treaties, statutes, executive orders, and court decisions. Federalpolicies instruct EPA to have regular and meaningful consultation with Indian Tribalgovernments when developing policies and regulatory decisions on matters effecting theircommunities and resources. We are writing you now to ensure that a formal govemment-togovemment consultation process has been estabhshed with you prior to the important decisionwe plan to make. The decision EPA wiU make concerns whether the site should be placed on theNPL. EPA envisions govemment-to-govemment consultation as a process of two-waycommunication that works toward a consensus reflecting tribal concerns. We are interested intailoring the consultation process to the needs and preferences of your Tribe. We want to workwith you now to ensure that when we need to make these decisions, EPA has consulted with youregarding themSpecifically, we want to consult with you regarding your views on completing the siteassessment activities at the site, and ultimately consulting on whether the site should be placedon the NPL, if the site qualifies for Usting. EPA has had our contractor. Ecology andEnvironment, Inc., review all existing information generated by the Corps of Engineers andothers, and calculate a preliminary Hazard Ranking System (HRS) score for the site. Aprehminary score has now been determined. Based on this preliminary score, EPA inconsultation with the tribe, will decide the next steps for the site. This portion of the process ^’ap*rshould be completed in the next two to three months. EPA wants to fully consider the rights andconcerns of the Native Village of Savoonga before making this decision. We recognize thatthere are many sub-issues to this topic, and we are open to consulting with you on any of thosethat you would like to discuss, as well as any other issues related to the site.I have designated Michelle Pirzadeh, Associate Director of the Environmental CleanupOffice to consult with you about this site. I believe Michelle is the most appropriate official tomeet with the Tribal council because she has a strong understanding of the Superfund process,and has been following developments at the site.Ron Kreizenbeck, the Deputy Regional Administrator or I would also be available tomeet with the Tribal council if a mutually agreeable meeting date is found. Please call DanaBraden, at (206) 553-1234 to discuss opportunities on our calendars.Based on conversations with your staff, we have proposed a way to formally consult withyour Tribe on a govemment-to-govemment basis about the NE Cape site. If this approach needsfurther refinement to better address your needs, please let us know what changes we can make.In the meantime, if you have any questions or concerns regarding consultation or the site, pleasedo not hesitate to call me at (206) 553-1234, or Michelle Pirzadeh, Associate Director of theOffice of Environmental Cleanup, at (206) 553-1272. Joanne LaBaw, the staff person assignedto the site, can be reached at (206) 553-2594.Sincerely,^^harles ElFindley/^^^^Acting Regional Administratorcc:Scott Sufficool, EPA