tribal voices a tale of 3 mines gsa national conference november 2015 kendra zamzow, phd, csp2 ann...
DESCRIPTION
Will the action significantly impact the environment? Yes Agency must prepare an EIS Step 1: Public scoping on issues and alternatives Step 2: Draft EIS Step 3: Final EIS Public comment Agency responds to comments Step 4: Record of Decision – agency explains decision and mitigation measures Chapter 1: Introduction Identify important and unimportant issues Chapter 2: Possible actions What the company wants to do Alternatives Describe alternatives that were dropped Chapter 3: Environmental Analysis Land, air, water, wildlife, and people and the potential impacts to each. Chapter 4: Cumulative Effects Chapter 5: Mitigation The EIS processTRANSCRIPT
Tribal Voicesa tale of 3 mines
GSA National ConferenceNovember 2015
Kendra Zamzow, PhD, CSP2Ann Maest, PhD, Buka Environmental
Influencing mine permitting
Before, During, or Outside of the EIS* process
Pebble Copper-Gold
Proposed Donlin pipeline
Wishbone Hill Coal
Donlin Gold
*Environmental Impact Statement
Will the action significantly impact the environment?
Yes
Agency must prepare an EIS
Step 1: Public scoping on issues and alternatives
Step 2: Draft EIS
Step 3: Final EIS
Public comment
Public comment
Agency responds to comments
Step 4: Record of Decision – agency explains decision and mitigation measures
Chapter 1: IntroductionIdentify important and unimportant issues
Chapter 2: Possible actionsWhat the company wants to doAlternativesDescribe alternatives that were dropped
Chapter 3: Environmental AnalysisLand, air, water, wildlife, and people and the potential impacts to each.
Chapter 4: Cumulative Effects
Chapter 5: Mitigation
The EIS process
Pebble Project
EducationTrust responsibilityLegal challenges
PEBBLE – before the EIS
Will the action significantly impact the environment?
Yes
Agency must prepare an EIS
Voices
PEBBLE
Will the action significantly impact the environment?
Yes
Agency must prepare an EIS
Step 1: Public scoping
Step 2: Draft EIS
Step 3: Final EIS
Tribes at the table
Tribes at the table
Agency responds to comments
Step 4: Record of Decision
Chapter 1: IntroductionIdentify important and unimportant issuesChapter 2: Possible ActionsDiscusses AlternativesChapter 3: Environmental AnalysisPotential impacts
Donlin Gold Project
Tribes take on “agency” status“Cooperating agency”
Donlin - during EIS
Is there a federal agency nexus? (CWA, CAA)
Yes
Agency must prepare an EIS
State permit notices
Final state permits issued
Public comment
Legal challenges
Tribes outside the EIS process
Wishbone Hill Coal
No
No EIS
PEBBLETrust responsibility and legal challenges to STOP mine
• Requires time and money from tribes• Requires investments of time, money, and political capital
on the part of agencies – extremely rare
Before the EIS
DONLINTribal governments as cooperating agencies
• Address critical resources and critical problems with proposed mining company plans
• Requires investments of time, money, and alliance with technical experts on the part of tribes
• Tribes CAN oppose the mine after the EIS process
During the EIS
WISHBONE HILL COAL MINE, and commonlyTribe is outside the EIS process
• Legal challenges • Time, money, and alliances
• The most likely outcome is the mine project is approved, or it is delayed until the company walks away
Outside the EIS
SummaryTribes have unique status
Trust responsibilityAfter a mine is proposed, but before the EIS process has started, they can make requests of the federal government because the US
government is "trusted" with protecting tribal nation resources
Tribes as regulatory agencies After a mine is proposed, if there is a federal nexus, tribes can
participate in developing the EIS, with the same status as state and federal agencies
Tribes as publicWhere there is no federal nexus, there will be no EIS and tribes
have no unique status, but can participate as members of the public.
“Technical Support for Grassroots Public Interest Groups”
CSP2
Tsin’aen
Center for Science in Public Participation