Command

The initial focus of tribal responders during an incident may be similar to that of local responders: directed toward abating immediate public safety threats. The degree of tribal response will depend upon the training and capabilities of tribal responders relative to the needs of the specific emergency. In some cases, this may be using hazard awareness training knowledge to identify the nature and scope of the hazard. This information is then passed on to other responders who are activated to address the situation with specific expertise and/or capabilities. Tribal agencies may take mitigating actions of a defensive nature to contain the incident and protect the public.

There are currently 35 federally recognized tribal governments in Region 5. As set forth in the 1984 EPA Indian Policy, "EPA recognizes tribal governments as sovereign entities with primary authority and responsibility for the reservation." The Indian Policy also states that EPA "will view tribal governments as the appropriate non-federal parties for making decisions and carrying out program responsibilities affecting Indian reservations, their environments, and the health and welfare of the reservation populace." EPA works with each tribe on a one-to-one or "government-to-government" basis. Visit EPA.gov to see a list of tribes and links to further information: www.epa.gov/tribal/region-5-tribal-program

2.4.1 Overview

A major role of tribal government agencies during emergency incidents on a reservation is providing security for on-scene forces and equipment. For large incidents, help may be requested through Federal or State emergency management agencies. This includes establishing local liaison with reservation hospital, emergency services, and police personnel, as well as restricting entrance to hazardous areas to only essential personnel.

Response capabilities of Tribes in Region 5 vary. Some tribes may be able to provide technical expertise to assess environmental and public health threats and damage, as well as to advise local responders. Summaries of emergency preparedness capabilities for individual Tribes in Region 5 are included in sections following as information becomes available. Omission of a tribe here should not be taken as an indication of lack of response capability or readiness. Contact names for individual tribes are included in the appendices to this plan.

Tribes are natural resource trustees for resources on tribal reservations and resources protected by treaties (including ceded territories). Tribes designate contacts for notification purposes. Federal OSCs should note these may be different individuals than those shown as the contact for spill notification for other than natural resource impacts.

Tribal Historic Preservation Officers (THPOs) are available to advise responders when response actions may impact tribal historical or cultural resources. If impacts on such resources are identified, the response should be adjusted to protect those resources where feasible and if time is available.

Responses by Federal OSCs to environmental emergencies within a reservation are conducted in consultation with the Tribe. Notification of tribal natural resource trustees about a spill or notification of THPOs about a proposed response action does not meet obligations to consult with the Tribe. Consultation is defined by EPA or USCG policy, and responders and decision-makers from each agency will adhere to their agency’s policy. The EPA Consultation Policy, the Guidance, related documents, and answers to frequently asked questions may be found at https://www.epa.gov/tribal/consultation-tribes.

The USCG Consultation Policy of Consultation and Coordination with Indian Tribal Governments under Executive Order 13175 can be found at the following link:

https://www.federalregister.gov/articles/2001/07/11/01-17403/the-coast-guards-policy-of-consultation-and-coordination-with-indian-tribal-governments-under

The Chair of each Tribe in Region 5 should designate a lead staff person to direct Tribal response operations. This tribal lead is responsible for coordinating and communicating with other Tribal agencies, as appropriate (NCP 300.180). Tribes may form a Tribal Emergency Response Commission (TERC) or the Tribal Chair may serve as a one-person TERC under SARA Title III. Individual Tribes also may choose to coordinate with a SERC (or SERB in Minnesota) and/or with LEPCs. Each Tribal Chair may also designate a representative for the Tribe on the RRT5. Each Tribal representative may participate fully in all activities of the RRT5.

• Bay Mills Indian Community

Information about emergency responses for the Bay Mills Indian Community is available in the Bay Mills Indian Community factsheet.

• Chippewa-Ottawa Resource Authority
• Grand Traverse Band of Ottawa & Chippewa

Information about emergency responses for the Grand Traverse Band of Ottawa and Chippewa Indians is available in the Grand Traverse Band of Ottawa and Chippewa Indians factsheet.

• Great Lakes Indian Fish & Wildlife Commission (GLIFWC)
• Hannahville Indian Community

Information about emergency responses for the Hannahville Indian Community is available in the Hannahville Indian Community factsheet.

• Inter-Tribal Council of Michigan 

The Inter-Tribal Council of Michigan is a consortium of Michigan's Federally Recognized Tribes.

• Keweenaw Bay Indian Community

Information about emergency responses for the Keweenaw Bay Indian Community is available in the Keweenaw Bay Indian Community factsheet.

• Lac Vieux Desert Band of Chippewa

Information about emergency responses for the Lac Vieux Desert Band of Lake Superior Indians is available in the Lac Vieux Desert Band of Lake Superior Indians factsheet.

• Little River Band of Ottawa

Information about emergency responses for the Little River Band of Ottawa Indians is available in the following factsheets:

• Muskegon County, Michigan
• Manistee and Mason Counties, Michigan

• Little Traverse Bay Bands of Odawa

The Little Traverse Bay Band of Odawa Indians has a signed Memorandum of Understanding (MOU) with the Emmet County Emergency Management Agency, which also covers Cheboygan and Charlevoix Counties, and with Northwest Michigan Community Health Agency. The Tribe is a member of the County’s Emergency Center. The Tribe has five first responders trained in the 40-hour HazMat training certification course. They are the only trained and certified HazMat responders in the three-county area.

Information about emergency responses for the Little Traverse Bay Bands of Odawa Indians is available in the Little Traverse Bay Bands of Odawa Indians factsheet.

• Match-E-Be-Nash-She-Wish (Gun Lake) Band of Pottawatomi

Information about emergency responses for the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians is available in Match-E-Be-Nash-She-Wish Band factsheet.

• Nottawaseppi Huron Band of the Potawatomi

Information about emergency responses for the Nottawaseppi Huron Band of Potawatomi is available in the Nottawaseppi Huron Band of Potawatomi factsheet.

• Pokagon Band of Potawatomi

Information about emergency responses for the Pokagon Band of Potawatomi Indians is available in Pokagon Band of Potawatomi Indians factsheet.

• Saginaw Chippewa Indian Tribe

Information about emergency responses for the Saginaw Chippewa Indian Tribe is available in Saginaw Chippewa Indian Tribe factsheet.

• Sault Ste. Marie Tribe of Chippewa

Information about emergency responses for the Sault Ste. Marie Tribe of Chippewa Indians is available in the Sault Ste. Marie Tribe factsheet.

Tribes and Consortia in Wisconsin

• Bad River Band of Lake Superior Chippewa
• Forest County Potawatomi Community
• Great Lakes Indian Fish & Wildlife Commission (GLIFWC)
• Ho-Chunk Nation

Information about emergency responses for the Ho-Chunk Nation of Wisconsin is available in the Ho-Chunk Nation of Wisconsin factsheet.

• Lac Courte Oreilles Band of Chippewa
• Lac du Flambeau Band of Chippewa

• Menominee Indian Tribe of Wisconsin
• Oneida Nation of Wisconsin
• Red Cliff Band of Lake Superior Chippewa

Information about emergency responses for the Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin is available in the Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin factsheet.

• St. Croix Chippewa Tribe of Wisconsin
• Sokaogon Chippewa Community
• Stockbridge-Munsee Community

Information about emergency responses for the Stockbridge-Munsee Community is available in the Stockbridge-Munsee Community factsheet.

• 1854 Treaty Authority
• Bois Forte Band of Chippewa
• Fond du Lac Band of Chippewa
• Grand Portage Band of Chippewa
• Great Lakes Indian Fish & Wildlife Commission (GLIFWC)
• Leech Lake Tribe of Ojibwe
• Lower Sioux Community
• Mille Lacs Band of Ojibwe

Responsible parties (RPs) for spills occurring within the reservation and on off-reservation Band properties shall report the incident to the Mille Lacs Band Department of Public Safety, Emergency Management Coordinator via cell phone 763-360-2729 (available 24/7) or pager 320-202-4123 (available 24/7).

Non-tribal RPs may also choose to report the spill by contacting the State of Minnesota Duty Officer at 651-649-5451 and 800-422-0798 (in-State long distance), who will notify the Mille Lacs Band Department of Public Safety Emergency Management Coordinator. This reporting option does not waive any jurisdictional claims that may be made by the 1855 Mille Lacs Reservation government.

The 1855 Mille Lacs Reservation tribal government has an established Tribal Emergency Response Committee (TERC). The Emergency Management Coordinator (EMC) under the Director of Public Safety is responsible for providing information to the TERC, which has overall direction and control of Reservation government resources involved in the response to an emergency within the reservation. The EMC also serves as primary liaison with the Mille Lacs County, Aitkin County and Pine County Emergency Management Directors. The 1855 Mille Lacs Reservation tribal government has regional Emergency Management mutual aid agreements in place with the above three counties as well as Tribal Police agreements with Mille Lacs and Pine Counties. During a major disaster, the Reservation’s Emergency Operating Center (EOC) will be activated to direct and control the Reservation’s response.

The 1855 Mille Lacs Reservation government has approximately 36 full-time staff available to respond to or monitor response to spills and environmental emergencies. These positions are in the Department of Public Safety and Department of Natural Resources and Environment.

The primary response role of the 1855 Mille Lacs Reservation government is intergovernmental coordination, oversight and advice. The above personnel are responsible for complaint investigation and emergency spill response and generally oversee the environmental aspects of spill containment, control, and mitigation, in conjunction with other nontribal responders. If necessary, ERT staff will proceed to the site to provide coordination and assistance in handling the emergency. Appropriately trained staff within the 1855 Mille Lacs Reservation government can provide hands-on response with air, water, soil collections and testing. It is anticipated, however, that all initial spill response will be conducted by emergency responders from local units of government and/or the RP. Environmental mitigation (after the initial response) associated with material spills will generally be conducted by the RP.

Under the authority granted by U.S. Presidential Executive Order 13084, signed in 2000, the 1855 Mille Lacs Reservation tribal government implemented an Emergency Operations Response Program to coordinate initial response efforts for releases. All response and cleanup conducted within the reservation and on off-reservation Band properties must be done in accordance with Mille Lacs Band statutes 11 MLBSA §§ 11 and 101-128.

The Commissioner of Natural Resources is the designated Natural Resources Trustee for the Tribe in accordance with Mille Lacs Band statute 11 MLBSA §2002 and the Chief Executive is the trustee for all Reservation Resources in accordance with Mille Lacs Band statute 4 MLBSA §6.

Overall direction from an oil or hazardous materials spill comes from the unified command system used by the TERC. The reservation has its own Tribal Police Department and fire response comes from off-reservation fire departments.

Since tribal ownership of land inside and outside the Reservation is very checker-boarded, the tribe follows the NIMS incident command system in which response starts with Reservation first. If the tribe expends all of its resources and staff, the tribe may choose to request assistance from federal, state, and local authorities and resources.

• Minnesota Chippewa Tribe 

The Minnesota Chippewa Tribe is a consortium comprised of the Bois Forte, Fond du Lac, Grand Portage, Leech Lake, Mille Lacs, and White Earth reservations.

• Prairie Island Indian Community
• Red Lake Band of Chippewa
• Shakopee Mdewakanton Sioux Community
• Upper Sioux Community
• White Earth Band of Chippewa

The Federal OSC for a given incident is determined by the point of origin of the release. However, if a discharge or release affects areas covered by two or more RCPs/ACPs, the response mechanisms of both may be affected. In this case, response actions of all Regions concerned shall be fully coordinated as detailed in the RCPs. 

There shall be only one OSC at any time during the course of a specific response operation. Should a discharge or release affect two or more areas, EPA, USCG, DOD, DOE, or other lead agency, as appropriate, shall give prime consideration to the area vulnerable to the greatest threat, in determining which agency should provide the OSC. The RRT shall designate the OSC if the RRT member agencies that have response authority within the affected area are unable to agree on the designation. The NRT shall designate the OSC if members of one RRT or two adjacent RRTs are unable to agree on the designation. 

Where USCG has initially provided the OSC for response to a release of hazardous materials located in the coastal zone, responsibility for response shall shift to EPA, DOD or DOE as appropriate.

Several interregional entities have been established that have interests within Region 5 and have roles in response and planning.  The entities vary considerably in their concerns and capabilities. The following is a list of these interregional organizations.

The Great Lakes Commission (GLC) is an interstate compact commission consisting of gubernatorially appointed and legislatively mandated representatives of the eight Great Lakes States (Minnesota, Wisconsin, Illinois, Michigan, Indiana, Ohio, Pennsylvania, and New York). The Commission was formed to promote the informed use, development, and protection of Great Lakes Basin land and water resources through regional coordination, policy development, and advocacy.

The Ohio River Valley Water Sanitation Commission (ORSANCO) is an interstate water pollution control agency established in 1948, with membership consisting of representatives from the eight States in the Ohio River Valley (Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania, Virginia, and West Virginia), and a representative from EPA. The Commission is responsible for operating several programs:

• water quality monitoring of the Ohio River and its major tributaries
• regulation of wastewater discharge to the Ohio River
• investigation of particular water pollution problems

In addition, ORSANCO assists State environmental agencies, EPA, and USCG in emergency spill response and notification. ORSANCO maintains a spill notification database on the Ohio River and its tributaries. Specifically, in the event of a spill on the Ohio River or a major tributary, ORSANCO’s role is to serve as an interstate communications center, assisting in emergency notification procedures and to coordinate emergency stream monitoring.

The Upper Mississippi River Basin Association (UMRBA) is an interstate organization formed by the Governors of Illinois, Iowa, Minnesota, Missouri, and Wisconsin to maintain communication and cooperation among the States on matters related to water resources planning and management in the Upper Mississippi Basin. The five States are represented through gubernatorial appointees, and five Federal Agencies have advisory status. As part of its efforts to facilitate cooperative planning, the Association provides support to an ad-hoc Upper Mississippi Spills Coordination Group, which includes representatives of the five State response agencies, as well as EPA Regions 5 and 7, USCG, USFWS, NOAA, and USACE. The group meets periodically to discuss common problems and coordinate activities to respond to spills on the Upper Mississippi. This group also maintains a Response Plan and Resource Manual that defines spill response policy on the main stem of the Upper Mississippi River.

The International Joint Commission (IJC) is a bi-national organization that was created under the Boundary Waters Treaty of 1909 to advise the governments of the United States and Canada on issues concerning water quality and quantity in the boundary waters between the two nations. The IJC monitors and assesses cleanup progress under the Treaty and advises governments on matters related to the quality of the boundary waters of the Great Lakes system. The Commission consists of six members, three appointed by the President of the United States, and three appointed by the Prime Minister of Canada.

There are three Joint Contingency Plans with Canada that affect Region 5, CANUSCENT and CANUSPLAIN in the Inland Zone, and CANUSLAK on the waters of the Great Lakes and upper St. Lawrence River. All three plans provide instruction for dealing with accidental and unauthorized releases of pollutants that cause or may cause damage to the environment along the shared inland boundary and that may constitute a threat to the public health, property, or welfare.

The links below will lead you to these plans.

• CANUSCENT
• CANUSPLAIN
• CANUSLAK

Click here for National Response Team (NR) Joint Information Center Model

It is the spiller’s responsibility to report all spills. The spiller or responsible party is required to immediately report all releases of oil and hazardous substances into or on navigable water, adjoining shorelines, or the contiguous zone, to the National Response Center (NRC). The NRC will notify the appropriate OSC.

If EPA or USCG is the first to be notified of a release or discharge, they will notify State, Local and Tribal entities and the NRC. Notification will also be made to other potentially affected EPA Regions, USCG Sectors and Canadian Provinces. OSC notification of trustees is accomplished through protocols developed via trustee-specific agreements. For spills of significance, if the State or other agency is the first to be notified, they shall notify the appropriate Federal Agencies.

The objective is to promote timely and effective coordination among the entire spill response community including federal, state, local, tribal and private entities in response to an oil spill or hazardous substance release in Region 5.

For discharges or releases that fall outside the NRC notification protocols, if states are the first to be notified, the Department of the Interior requests notification by the state(s) through the RRT contact list of any significant discharges or releases that could significantly impact federal trust resources. These resources include threatened and endangered species, migratory birds and federal lands.

All news releases or statements made by participating agencies shall be jointly coordinated and released through a public information office. The spokesperson shall notify, at a minimum, immediately affected citizens, local and State officials and, when appropriate, emergency management agencies. OSCs may consider use of the RRT5 to assist in media relations and other community involvement activities. Also, responsible parties may implement community involvement activities.

PIAT is one of the special forces mandated in the National Contingency Plan. The team provides emergency public information services to Federal On-Scene Coordinators, primarily during oil spills and hazardous material releases. The team also provides these services for natural disasters, domestic terrorism events and weapons of mass destruction events.

Access to PIAT resources is available at www.dco.uscg.mil/Our-Organization/National-Strike-Force/PIAT/