Yakama Indian Nation Treaty rights and development of cleanup standards for D and D and ER actions

The Yakama Indian Nation (YIN) is a sovereign government located in the Northwestern United States. In 1855, the US government recognized Yakama Nation dominion on 12.2 million acres of land, or more than one-quarter of present-day Washington State. In the Treaty of 1855 between US and Yakama representatives, the YIN ceded control on 10.8 million acres of its ancestral land to the US government, but retained certain perpetual rights to that land. The Hanford Nuclear Site is located on Yakama ceded land, upon which the YIN retains rights to fish, hunt, gather roots and berries, and to pasture horses and cattle. The YIN has been recognized by the US Department of Energy as having regulatory authority concerning Hanford operations. This authority requires incorporation of YIN Treaty rights in the development of environmental cleanup standards for D and D and ER actions. The legal and policy framework upon which YIN environmental protection standards are based includes protection of the health, safety and well-being of YIN Tribal members, protection of the environment necessary to support Treaty protected resources, and preservation of the culture which sustains the unique YIN lifestyle and religion. The basis for Yakama cleanup standards will address risk, environmental, andmore » cultural factors. It is recognized that the unique Yakama lifestyle and diet create specific exposure pathways for hazardous and radioactive materials which are not routinely factored into risk models used to calculate doses.« less