fiscal year 2018–2019 - california

Tribal Activities ReportFiscal Year 2018–2019

California Air Resources Board Fiscal Year 2018-2019 Tribal Activities Report

Table of Contents

Tribal Consultation Policy ............................................................................................... 2 Tribal Advisory Committee Meetings ............................................................................. 2 Tribal Website and Listserv ............................................................................................. 2 Consultation Outreach Letters ........................................................................................ 3 Community Air Grants .................................................................................................... 3 Morongo Band of Mission Indians Casino Expansion ..................................................... 3 National Tribal Air Association Consultations ................................................................. 4 AB 617 Community Air Protection Consultation Group ................................................. 4 International Delegation of Indigenous Leaders ............................................................. 5 Governor’s Climate and Forests Task Force 10th Annual Meeting ................................ 5 Tropical Forest Standard................................................................................................. 5 National Tribal Forum on Air Quality Conference .......................................................... 6 Tribal Leaders Forum ...................................................................................................... 6 Native American Day ...................................................................................................... 6 Buena Vista Rancheria of Me-Wuk Presentation ............................................................. 6 Regional Tribal Operations Committee .......................................................................... 6 National Tribal Air Association Webinars ....................................................................... 6 Cap-and-Trade: Compliance Offset Program for U.S. Forest Projects ........................... 7 Tribal Liaisons Meetings .................................................................................................. 8 Redding Rancheria Fee-to-Trust Conversion and Casino Expansion .............................. 8 Blue Lake Rancheria Consultation ................................................................................... 8 Climate Investments Branch Outreach and Project Funding .......................................... 8 Air Quality Monitoring .................................................................................................. 10 California Public Records Act ........................................................................................ 11 Tribal Liaison Contact Information ................................................................................ 11

CARB Fiscal Year 2018-2019 Tribal Activities Report

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Tribal Consultation Policy In 2009, the California Environmental Protection Agency (CalEPA) adopted its Tribal Consultation Policy to guide CalEPA and all its Boards, Departments, and Office (BDO) in their daily operations to work with California Native American Tribes (tribes) in a knowledgeable, sensitive, and respectful manner. In 2011, Governor Brown signed Executive Order B-10-11 directing all state agencies to consult with California Native American Tribes. The Legislature then passed Assembly Bill 52 (AB 52) in 2014, amending the California Environmental Quality Act to include tribal consultation requirements if certain statutory requirements were met. CalEPA revised its Tribal Consultation Policy in 2015 and directed each BDO to begin the process of creating its own Tribal Consultation Policy, unique to the work of each BDO. CARB’s Tribal Consultation Policy ensures effective government-to-government consultation occurs with interested tribes and fulfills the Governor’s Executive Order and CalEPA’s directive. It identifies CARB’s commitment to working with tribes to advance clean air in all areas of the state and details how CARB will continue to work to improve and strengthen its relationships with tribal governments and communities. CARB adopted its Tribal Consultation Policy following a Board hearing on October 25, 2018. Implementation is ongoing. CARB tracks all consultations. Tribal Advisory Committee Meetings CalEPA’s Tribal Advisory Committee (TAC) discusses environmental issues and projects involving tribes. The TAC meets with each agency tribal liaison quarterly and once with the heads of each agency each calendar year. CARB participated in the following TAC meetings for this reporting period:

Quartz Valley Indian Reservation (Yreka): September 9-10, 2019 Gabrieleño Band of Mission Indians (Los Angeles): June 18-19, 2019 CalEPA Headquarters (Sacramento): March 25-26, 2019 CalEPA Headquarters (Sacramento): December 17-18, 2018

During these meetings, CARB staff presented a “deep dive” into the agency’s work, geographic themes (South Coast and Siskiyou), specific themes such as the AB 617 Community Air Protection Program, and provided agency updates. Tribal Website and Listserv In October 2018, CARB created a “Tribal Relations” website and a Tribal Listserv to keep tribes apprised of CARB’s activities. CARB releases the monthly Board hearing schedule to the listserv to provide tribes with notice of CARB’s monthly Board items. The Tribal Relations website contains important information, such as the Tribal


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Consultation Policy, information on State Implementation Plans (SIP) and air districts, TAC meetings, and other information that may interest tribes. Consultation Outreach Letters On May 28, 2019, CARB’s Chair, Mary D. Nichols, sent letters to both federally and non-federally recognized tribes located in California, asking how tribes want to be consulted, whom to contact for consultation, explaining the SIP process, and offering to have CARB’s tribal liaison go to the tribes to discuss CARB programs. As of September 16, 2019, 24 tribes have updated their contacts. Community Air Grants Assembly Bill 617 (Garcia, Stats. 2017, ch. 136) (AB 617) seeks to ensure that all Californians benefit equitably from California’s air quality and climate efforts, especially those who live in the areas of California most severely impacted by air pollution. AB 617 includes a provision for grants to community-based organizations and tribes to support their participation in this process. CARB administers these grants. CARB awarded grants to three tribes in 2018:

Twenty-Nine Palms Band of Mission Indians: CARB provided funds for the tribe to establish a Tribal Air Monitoring Program. The Project will place a new air quality PM10/PM2.5 monitoring station at the Cabazon Tribal Government complex. The data collected from the station will be shared online, and the tribe will conduct community outreach quarterly to keep the community informed of unsafe air.

Big Pine Paiute Tribe of the Owens Valley: CARB provided funds for the tribe to install an air monitor, coordinate with local air district and tribal air monitoring networks, and for student engagement through Science, Technology, Engineering, and Math (STEM) awareness. The Grant Kickoff meeting occurred on January 1, 2019.

Pala Band of Mission Indians: CARB provided funds for the tribe to

develop an air-monitoring network and real-time data website, coordinate with neighboring tribes, and for partnership and capacity building.

Morongo Band of Mission Indians Casino Expansion The Governor’s Office is renegotiating an Indian Gaming Regulatory Act (IGRA) compact with the Morongo Band of Mission Indians to expand the tribe’s casino. The tribe prepared an Initial Study under the current compact. CARB has been providing project-level technical assistance to the Governor’s Office and the tribe. Most of the work involves reviewing and commenting on environmental documents, providing


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technical assistance for quantification methods and other California Environmental Quality Act (CEQA) practices. CARB met with the Governor’s Office and the tribe at the reservation on July 30, 2019 and provided more follow-up information thereafter. CARB is reviewing the final revisions to the Initial Study. Comments are due to the Governor’s Office on September 23, 2019. National Tribal Air Association Consultations The National Tribal Air Association (NTAA) is a member organization that advocates for and promotes tribal interests and policies throughout the United States. On August 6, 2018, the NTAA requested CARB reach out to and consult with California tribes on comments CARB submits on federal rollbacks of environmental regulations. On August 10, 2018, CARB responded and CARB’s tribal liaison followed up. CARB agreed to meet at the Regional Tribal Operations Committee (RTOC) meeting in San Francisco, present at an informational webinar on the Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule, consult with any tribes interested, review tribal comments if requested, and meet with NTAA to help NTAA draft environmental justice comments. NTAA submitted a second consultation request on February 6, 2019, requesting CARB send letters to all tribes on proposed comments it plans to submit on all federal rollbacks, specifically, the Affordable Clean Energy (ACE) rule. Unfortunately, the comment period closed already but CARB agreed to submit a list of all proposed federal rollbacks it planned to comment on to the tribal listserv to give tribes an opportunity to work with CARB on the comments. The listserv was the best avenue given the short timeframe. CARB also agreed to present at an informational webinar on the proposed Mercury Air Toxics Standard (MATS) and to send letters to all tribes asking for the preferred consultation method and person. AB 617 Community Air Protection Consultation Group CARB is conducting a comprehensive public outreach and community engagement process to inform the development of the Community Air Protection (CAP) Program under AB 617. As one aspect of this outreach, CARB convened a multi-stakeholder Consultation Group. Members of the Consultation Group include individuals representing environmental justice organizations, tribes, air districts, industry, academia, public health organizations, and local governments. CARB staff met with the Consultation Group on December 10, 2018 and April 9, 2019, which included these tribes: Blue Lake Rancheria Tribe, Big Pine Paiute Tribe of the Owens Valley, Pala Band of Mission Indians, and the Twenty-Nine Palms Band of Mission Indians. Three of these tribes received AB 617 grants. Staff met with the tribes for Grant Kickoff meetings, and engaged regularly via telephone and email regarding grant payments and reporting.


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International Delegation of Indigenous Leaders On September 6, 2018, CARB’s Executive Officer and staff travelled to the Yurok Tribe Reservation to participate with an international delegation of indigenous leaders, including the Alianza Mesoamericana de Pueblos y Bosques (AMPB) and the Coordinator of Indigenous Organizations of the Amazon Basin (COICA), to discuss draft Guiding Principles for Collaboration and Partnership between Subnational Governments, Indigenous Peoples and Local Communities (“Guiding Principles”), CARB’s Tropical Forest Standard draft (described further below), and the Governor's Global Climate Action Summit. Governors’ Climate and Forests Task Force 10th Annual Meeting On September 9-12, 2018, CARB’s Executive Officer and staff attended meetings held before the Global Climate Action Summit. The meetings included participation of the Yurok Tribe, indigenous leaders from around the world who voted on the Guiding Principles, and visits between then Governor Edmund G. Brown, the Governor’s Tribal Advisor, Christina Snider, and Yurok Council/Indigenous leaders. Tropical Forest Standard Pursuant to Assembly Bill 32 (AB 32), CARB began assessing emerging international greenhouse gas (GHG) mitigation actions, including efforts to reduce tropical deforestation, as it developed the AB 32 Climate Change Scoping Plan in 2008. In September 2018, based on over a decade of work, CARB released a draft Tropical Forest Standard (Standard) for a November 16, 2018 Board hearing. The Board did not take action at the November hearing. Instead, CARB staff continued assessing issues raised by stakeholders and received additional input from members of the Legislature. Based on this input, CARB updated the Standard and the Board endorsed the Standard at its September 19, 2019 Board hearing. The Standard specifies criteria, including full incorporation of the Guiding Principles described above, to assess jurisdiction-scale programs and to incentivize action to reduce GHG emissions from tropical deforestation. The Standard provides a strong signal to value the preservation of tropical forests over continued destructive activities such as oil exploration and extraction, and ensures rigorous social and environmental safeguards for indigenous peoples and local communities. Though there was opposition by some individuals and groups to endorsement, the Yurok Tribal government and indigenous organizations such as AMPB and COICA submitted public comments and testimony in support of the Board’s endorsement of the Standard at the September 19, 2019 Board hearing. Endorsement of the Standard does not result in any linkage with any jurisdiction, nor does it allow any tropical forest offsets into the California Cap-and-Trade Program.


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National Tribal Forum on Air Quality Conference On May 7-9, 2019, CARB’s tribal liaison presented on CARB programs at the annual National Tribal Forum on Air Quality (NTFAQ) conference, which was held at the Pechanga Band of Luiseño Indians reservation. Topics included federal rollbacks that CARB is commenting on, vehicle standards, and SIPs. Tribal Leaders Forum On September 27, 2018, CARB’s tribal liaison and staff attended and participated in the Tribal Leaders Forum. The meeting focused on tribal-state relationships. Native American Day On September 29, 2018, CARB’s tribal liaison and staff hosted a booth at Native American Day. CARB spoke about air programs, incentives, grants, and other opportunities of tribal interest. CARB will attend again this year on September 27, 2019, and will participate in the employment pavilion. Buena Vista Rancheria of Me-Wuk Presentation CARB mailed out roughly 200 consultation letters and offered to present on CARB programs of interest to all tribes in California. The Buena Vista Rancheria of Me-Wuk requested a presentation. On July 1, 2019, CARB’s tribal liaison presented to the tribe. The tribe discussed the possibility of CARB and the tribe conducting a joint study of air quality on tribal lands. CARB’s tribal liaison suggested this would be a great idea for an AB 617 grant or a Supplemental Environmental Project (SEP) and connected the tribe with CARB staff who could help the tribe develop these concepts. Regional Tribal Operations Committee On October 31, 2018 and May 22, 2019, CARB staff presented at the RTOC in San Francisco at U.S. Environmental Protection Agency (U.S. EPA), Region 9. CARB presented information on its SEP process, what they are, and how tribes could apply. Approximately 20 people attended the presentations. National Tribal Air Association Webinars As part of the commitments CARB made in two separate responses to the NTAA tribal consultation requests, CARB agreed to present at tribal informational webinars on two federal rules:

Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Webinar: The National Highway Traffic Safety Administration (NHTSA) and U.S. EPA proposed to amend certain existing Corporate Average Fuel Economy (CAFE) and


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greenhouse gas emissions standards for passenger cars and light trucks and establish new standards, covering model years 2021 through 2026 - known as the SAFE Vehicles rule. CARB commented. On October 10, 2018, CARB’s attorney presented an informational NTAA webinar on this rule.

Mercury Air Toxics Standard (MATS): On February 7, 2019, U.S. EPA published

its proposed National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units – Reconsideration of Supplemental Finding and Residual Risk and Technology Review. U.S. EPA proposed to reverse its prior supplemental finding that regulation is appropriate and necessary for this sector based on its reconsideration of co-benefits in its economic analysis. U.S. EPA proposed that it would no longer consider co-benefits of particulate matter reductions. CARB filed comments explaining why this is a bad idea. NTAA requested a CARB attorney present on the rule. On April 4, 2019, CARB’s attorney presented an informational NTAA webinar on this rule.

Cap-and-Trade: Compliance Offset Program for U.S. Forest Projects The Compliance Offset program provides an opportunity for sectors not covered under the Cap-and-Trade Regulation to generate additional GHG benefits. Tribes, because of their unique status as sovereign nations, must include a limited waiver of sovereign immunity that is legally binding under the tribe’s laws as part of the offset project listing requirements to participate in the Compliance Offset Program. As of September 11, 2019, CARB issued 26.3 million credits to Alaska Native Corporations and 39.2 million credits to tribes, totaling around 65.4 million credits (out of 116 million total) to tribal entities for improved forest management, sustainable forest projects, or forest offset projects. In January 2019, April 2019, May 2019, July 2019, and August 2019, CARB staff participated in various calls with multiple tribes and/or their authorized project designees regarding Carbon Offset Projects. The following tribes and Alaska Native Corporations are participating in CARB’s program:

Yurok Tribe (CA) Round Valley Tribe (CA) Sealaska Corporation (AK) Passamaquoddy Joint Tribal Council (ME) White Mountain Apache (AZ) Confederated Tribes of the Warm Springs Reservation of Oregon (OR) The Confederated Tribes of the Colville Reservation (WA) Mescalero Apache Tribe (NM) Spokane Tribe of Indians (WA) Ahtna Incorporated (AK)


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Tribal Liaison Meetings CARB’s tribal liaison participates in CalEPA tribal liaison meetings and quarterly Governor’s Office tribal liaison meetings. Redding Rancheria Fee-to-Trust Conversion and Casino Expansion The Redding Rancheria is in the process of converting fee land into trust land. The project proposes to take approximately 232 acres in Shasta County into trust for gaming purposes. The tribe proposes to develop the “Strawberry Field Site” with a casino, hotel, conference and event center, parking, and other supporting facilities. The tribe will close the existing casino and convert it to administrative offices, tribal housing, or tribal services. CARB and CalEPA’s attorneys met with the Governor’s Office. CARB did not comment on the fee-to-trust project. Blue Lake Rancheria Consultation Blue Lake Power (BLP) is a biomass plant in Blue Lake, California. Beginning in 2010, it had problems with operation, such as frequent breakdowns resulting in environmental pollution. In 2014, U.S. EPA issued a notice of violation regarding failure to obtain proper permits. The local air district issued a notice of violation as well. Beginning in 2016, the parties worked on a consent decree, which was filed in court. Blue Lake Rancheria intervened, opposing the consent decree on the grounds that it was not stringent enough. In November 2016, the tribe requested consultation with CARB. In February 2017, CARB’s tribal liaison and staff went to Eureka, met with the tribe and inspected the closed plant. The biomass plant planned startup in July 2017. On March 20, 2018, the City Council voted unanimously not to renew BLP’s lease after 2025. CARB explained to the tribe that it does not have jurisdiction over the consent decree and committed to a joint inspection with the air district when the facility reopens. As of September 2019, the consent decree is enforceable. BLP is still non-operational. CARB will stay apprised of when BLP begins operation. Climate Investments Branch Outreach and Project Funding The Climate Investment Branch (CIB) works with 20+ other state agencies who administer California Climate Investments (CCI) programs. As part of this work, CIB conducts statewide outreach to increase awareness of these CCI programs. CIB also collects data from each CCI administering agency on individual projects that they fund. This includes both outreach activities and funded projects.

San Diego American Indian Health Center: As part of the Disadvantaged Communities Outreach Project, on May 11-12, 2019, CARB staff attended the 31st Annual San Diego Powwow, in Balboa Park, San Diego, California.


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Woodsmoke Reduction Program: On August 20, 2019, CARB corresponded by

email and phone with the National Tribal Indoor Air Funding Directory relating to CCI’s Woodsmoke Reduction Program.

Paskenta Rancheria: In December 2018, the California Department of

Transportation (DOT) reported to CIB the Interregional Transit Route Operations, Low Carbon Transit Operations Program. This project works with the Paskenta Rancheria and creates an interregional transit route, the Tri-County Route, expanding existing TRAX services to connect the County of Tehama with Glenn and Butte. This project will improve public health by reducing vehicle miles travelled due to an expanded bus line that will increase use of transit, and increase system reliability by bridging a gap in public transit between Glenn and Tehama County.

Agua Caliente Indian Reservation: In December 2018, DOT reported to CIB on

the Low Carbon Transit Operations Program, College (Haul) Pass project. It will provide college students in the Coachella Valley free bus services by using their college student identification card as a bus pass. Approximately 11,957 college students within the Sunline service area will benefit.

Augustine Band of Cahuilla Indians: The project, awarded by CARB’s CAP

program, sends CAP funds to the South Coast Air Quality Management District. It reduces criteria pollutants by replacing dirty engines with cleaner engines. The Augustine Reservation is participating.

Hoopa Valley Tribe: The California Department of Forestry and Fire Protection

reported to CIB that it awarded money to the tribe for thinning and burning treatments across six primary management areas, which includes old growth stands, mature second growth plantations, and young plantations in the Pine Creek watershed area. This protects tribal cultural resources, improves wildlife habitat and watershed health, provides socioeconomic benefits, provides fire reduction, and improve air quality through reduced fire events.

Pala Indian Reservation: In December 2018, CARB reported to CIB that it

granted CAP funds to the Southern California Tribal Community Air Monitoring Project to develop a network of low-cost air quality monitors linked with a website open to the tribal communities to provide real-time air quality data. This Project will also build capacity of other underrepresented tribes through coalition building and including future tribal governments in the monitoring network.

Santa Rosa Band of Cahuilla Indians: On June 2019, the Department of

Community Services and Development reported to the CIB that it awarded funds for the GRID Alternatives Inland Empire in Riverside project, which will


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install a 994 kilowatt (kW) direct current (DC) ground mounted solar array in partnership with the Santa Rosa Band of Cahuilla Indians and the Anza Electric Cooperative, Inc. (AEC). AEC will assign credits to subscribers on their monthly bills that will reduce household usage costs. The system will be sited on Santa Rosa Tribal lands and will benefit approximately 38 homes on those lands as well as an additional 150-250 low-income households within the cooperative’s boundaries.

Clean Mobility Voucher Program: This new statewide program will make it easier for communities to get funding for clean mobility projects to improve their sustainability and quality of life. The program enables smaller groups and communities of concern that may not have the resources available to access funds for clean transportation choices. The program focuses on providing clean mobility solutions that include smaller scale car- bike- or scooter-sharing projects, and subsidies for transit, or car-hailing companies. Awarded to CALSTART and managed by CALSTART and the Shared-Use Mobility Center in partnership with GRID Alternatives and the Local Government Commission, projects will also aim to address first-and last-mile connector trips (getting residents to and from their homes and local transit stops). CARB will be conducting outreach at the Blue Lake Rancheria reservation tentatively on October 28, 2019 and at the Pechanga Band of Luiseño Indians tentatively on November 4, 2019.

Air Quality Monitoring

CARB is delegated the authority and responsibility for collecting ambient air quality data as directed by the Clean Air Act. CARB’s Quality Assurance program ensures that CARB's decisions are supported by data of known and documented quality. Federal regulations require CARB to provide quality assurance oversight to local air monitoring organizations within CARB's Primary Quality Assurance Organization (PQAO) to ensure that consistent procedures are followed to produce data of similar quality. U.S. EPA designated CARB as one of the four PQAOs responsible for air monitoring in California.

Morongo Band of Mission Indians: On January 8-9, 2019, CARB provided Calibration Standard Certification and assistance with air monitoring to the tribe.

Big Pine Paiute Tribe of Owens Valley: On January 23, 2019, CARB

communicated with the tribe by telephone regarding particulate matter monitoring with a BAM1020, AQI school flag program.

Twenty-Nine Palms Band of Mission Indians: On April 8, 2019, CARB spoke with

the consultant for the tribe to discuss the necessity of CARB reviewing the


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tribe’s Quality Assurance Project Plan (QAPP). On July 23, 2019, the tribe joined CARB’s PQAO.

California Public Records Act

The public has a right under the California Public Records Act (CPRA) and the California Constitution to access public information maintained by public agencies. CARB received two CPRAs related to tribal affairs for this reporting period:

Passamaquoddy Tribe: On April 13, 2019, a member of the tribe submitted a

CPRA request for all documents submitted as part of the tribe’s participation in the U.S. Forest Offset Program. This tribal member also wanted to discuss the tribal government’s participation in the program. CARB contacted the Passamaquoddy Tribal Chief and legal counsel informing the tribe that CARB received the request, planned to review and release documents, and would explain to the tribal member that CARB can only communicate directly with the tribal government on the project. CARB is providing monthly batches of documents to the requester.

Tribal Limited Waivers of Sovereign Immunity: On August 5, 2019, a law firm

requested copies of all tribal waivers signed under the Compliance Offset Program for U.S. Forest Projects to date. CARB reviewed the waivers signed and determined they are public records as defined by CPRA and do not fall under any statutory exemption that would allow CARB to assert confidentiality and therefore withhold them. CARB contacted all tribal chiefs, chairpersons, or presidents to provide notice that CARB will be releasing these documents.

CARB Tribal Liaison Contact Information

Shannon Martin Dilley Senior Attorney and Tribal Liaison California Air Resources Board 1001 I Street Sacramento, CA 95814 [email protected] (916) 322-3940

fiscal year 2018–2019 - california

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