Tribal and State Sovereignty and Federal Responsibility1

Abstract

ABSTRACT The role of tribal and state government in environmental protection and regulation is an important complement and supplement to that of the federal government. This was found to be evident during the Problem Oil Pit (POP) effort conducted by the U.S. Environmental Protection Agency (EPA) Region VIII and the U.S. Fish and Wildlife Service (USFWS) Region VI. When the two federal agencies decided to join forces to address the problem of oil-covered pits and other environmental problems in oil fields, it quickly was determined that a collaborative approach would be required to address the problems that might be encountered. EPA and USFWS were aware that tribes and states, as well as other federal agencies, have their own responsibilities in the oilfield. Both agencies were also sensitive to the sovereignty of the tribes and states. Therefore, EPA and USFWS knew it was vital for success to enlist the concurrence, support, and participation of the tribes, states, and other federal agencies in the effort. Thus the POP effort became multilevel as well as multiagency when those tribal, state, and federal agencies with responsibility for and authority over the oil and gas exploration and production industry joined the EPA and USFWS as partners in the POP effort. This collaborative effort did not come about without the resolution of some issues and problems related to authorities, responsibilities, and sovereignty. However, cooperation and coordination between tribal, state, and federal governmental agencies in the POP effort resulted in short- and long-term environmental benefits that protect human health, birds, and wildlife and the environment.