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.

kzamzow@csp2.org

“Technical Support for Grassroots Public Interest Groups”

CSP2

Tsin’aen

Center for Science in Public Participation