RE: Introduction

[Bill Schumacher <billschumacher@law.com>]

My name is Bill Schumacher, a concerned tribal member. I am particularly concerned with the eventual effect environmental laws may have of the future sovereign status of Indian tribes.

Under EPA's Clean Air Act final rule, the agency has decided to include, among other things, in its list of items where tribes will to be treated like states, no judicial review of its (a tribe's) permitting process. The EPA has left the issue open requesting suggestions from tribes - perhaps something along the line of the multi-sovereign entity you envision as being a viable alternative to state judicial review. Other commentators have suggested perhaps a specially legislated Environmental/Indian Article III court. What ever form the final authority may take, it will have, I believe, a profound effect on the delicate balance of federal/tribal/state sovereign interests. I will be monitoring these discussion for any hint of direction that issue may take and to see to what extent tribal or Indian participation may be. I was frankly very disappointed at the amount of Native American participation at a recent Missouri River Conference in Sioux Falls South Dakota. I would hope that there is more participation in this event because the input from tribes and tribal members is extremely important. 

At the core of this program is the issue of public participation. I was wondering what sort of concerted effort the EPA made in contacting tribes to invite them to participate in this forum?