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Management Program
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Rockwater
Based on old petroglyphs, this image is a story about collecting and understanding,
as well as sharing, the rich experiences of a responsible community
life.
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Nonpoint Source Management Program
The management program is a multiyear strategy document designed to bring
nonpoint sources of pollution under control. Based on the findings of the
nonpoint source assessment report, the management program becomes the foundation
of each tribe’s section 319(h) program. The management program identifies
reservation-wide activities, as well as watershed-level projects, for implementing
management practices for high-priority nonpoint source problems and provides
a schedule for their implementation. The six types of information required
for the management program are (see section 319(b)):
- A description of BMPs and measures that will be used to reduce pollutant
loadings resulting from each category and subcategory of nonpoint source
pollution identified in the assessment report. The impact of the practices
on ground water should also be discussed.
- A description of the programs that will be used to achieve implementation
of the BMPs identified in paragraph (1). These may include, as appropriate,
nonregulatory or regulatory programs for enforcement, technical assistance,
financial assistance, education, training, technology transfer, and demonstration
projects.
- A schedule containing annual milestones for the implementation of the
BMPs and programs identified in paragraphs (1) and (2).
- A certification by an independent legal counsel that the laws of the
tribe provide adequate authority to implement such a management program,
or if there is not adequate authority, a list of additional authorities
that might be necessary to implement the management program. There should
also be a schedule and a commitment by the tribe to seek such additional
authorities as expeditiously as practicable.
- A list and descriptions of any sources of federal and other assistance/funding
(other than 319(h)) that will be available for supporting the implementation
of the nonpoint source pollution control measures identified in the tribe’s
nonpoint source management program.
- Identification of any federal assistance programs and development projects
to be reviewed by the tribe for their effect on water quality or inconsistency
with the tribe’s nonpoint source management program.
Model for a Nonpoint Source Management
Program
Several basic components and considerations described previously in the
nonpoint source assessment report section should also be included in the
nonpoint source management program (refer to page 5 for a detailed description).
The assessment report sections that should also be considered for inclusion
in the management program are:
- Cover—The cover should contain at least a title and the
date (month and year) of the management program.
- Contents—The contents should consist of the heading of
each major section of the management program and its page number.
- List of tables—If tables are included in the nonpoint source
management program, a separate list should identify each table and its
page number.
- List of figures—If figures are included, a separate list
should identify each figure and its page number.
- List of appendices—If appendices are included, a separate
list should identify each appendix.
- Main body of report—The sections that follow serve as a
model for the content of each section of the nonpoint source management
program.
If a tribe decides to prepare the assessment report and management program
at the same time, this information need not be included in both. Rather,
the information may be submitted as one document with two distinct sections—assessment
report and management program.
Nonpoint Source Management
Program
The sections that follow provide further explanation
and examples of the content of each section of the management program.
OVERVIEW
In the overview, state the purpose of the document
and explain the need for a nonpoint source management program for the tribal
lands. Also provide a summary of the major conclusions of the management
program. Discuss only significant information from the management program
in this section. Keep the section concise—ideally no more than one
page in length.
In 1997, EPA’s Office of Water and the Association
of State and Interstate Water Pollution Control Administrators developed
guidance to promote a new partnership with EPA to promote implementation
of dynamic and effective nonpoint source programs designed to achieve and
maintain beneficial uses of water (USEPA,
1996).
To achieve this vision, EPA and state nonpoint source lead agencies agreed
on nine key elements that should be included in a management program. Below
are examples of some key elements that should be included in tribal nonpoint
source management programs:
- Explicit short- and long-term goals, objectives,
and strategies to protect surface and ground water.
- An identification of program components that
(a) abates known water quality impairments resulting from nonpoint source
pollution and (b) prevents significant threats to water quality from present
and future activities.
- An identification of waters and watersheds impaired
or threatened by nonpoint source pollution and a process to progressively
address these waters.
- An identification of federal lands that are not
managed consistently with state program objectives.
- A feedback loop whereby the tribe reviews, evaluates,
and revises its nonpoint source assessment report and its management program
at least every 5 years.
Other examples of information to be included
are:
- Priority nonpoint source pollution categories
to be addressed by the management program.
- The process used to target impaired waterbodies.
- The process used to select BMPs for abating and/or
preventing nonpoint source water pollution.
- Public participation used in the development
of the management program.
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The subtle nature of nonpoint source pollution
presents significant difficulties to the entities charged with its monitoring
and managing. Additional problems result from the large number and variety
of agencies, organizations, groups, and individuals involved in managing
land, and protecting resources. On the Fort Peck Reservation, most nonpoint
pollution is caused by agriculture, hydromodification, land disposal, and
resource extraction. Construction and urban nonpoint sources are minor components
of the total nonpoint source pollution on the reservation. Nonpoint source
pollution can affect both surface and ground water.
Fort Peck Reservation’s Nonpoint Source
Pollution Management Plan will emphasize prevention to minimize future rehabilitation
needs. The prevention portion of the plan will rely heavily upon education.
In addition to education, the management plan will emphasize technical assistance
and financial incentive for landusers to voluntarily implement BMPs to prevent
or mitigate impairment.
The authority of the Fort Peck Water Code
and Fort Peck-Montana Compact will be used to control significant quantifiable
nonpoint source pollution through the issuance of Tribal water use permits.
Education is a major component of the program in order to achieve voluntary
compliance. Range tours, brochures, and videos will be made available to
producers |
INTRODUCTION
In the introduction, describe the goals and objectives
of the nonpoint source management program. An example goal statement is
“to emphasize prevention whenever possible in order to minimize the
need for more costly later cleanup of tribal waters.” An objective
should describe how the goal will be met. An example objective is “to
promote available technical assistance and financial assistance for land
users in order to increase voluntary implementation of BMPs to prevent or
mitigate impairment.” Another objective might be “to integrate
the nonpoint source program into the overall environmental program for protection
of tribal resources.”
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The goal of the nonpoint source water pollution
management program is to protect and restore water quality, watershed condition,
and aquatic/riparian habitat on the Umatilla Indian Reservation and throughout
the Umatilla River Basin. This will provide for the beneficial use of surface
(and indirectly, subsurface) waters within the Basin. From the perspective
of the CTUIR this can administratively be broken into the use for specific
beneficial and traditional uses, and the protection and restoration of treaty-reserved
resources.
- Beneficial and traditional uses: Develop
program to support 18 beneficial uses (Interim Water Code) on the Umatilla
Indian Reservation under the administrative and regulatory control of the
CTUIR. The program will support beneficial uses and exercise of treaty
rights throughout the rest of the Umatilla River Basin in accordance with
state of Oregon and federal water laws, codes, and regulations.
- Treaty-reserved resources: Throughout
the Umatilla River Basin the Tribes retain treaty rights related to fishing,
hunting, pasturing of livestock, and gathering of traditional plants among
other rights. Water quality, riparian and watershed condition must be managed
to provide the opportunity for the Tribes to exercise those rights. Develop
program to provide high quality water as a part of instream, riparian and
upland habitat for fish, wildlife, and plants.
The primary objective of the management
program is to protect high quality waters and improve substandard water
quality conditions in the Umatilla River Basin through:
- Administration, improvement, and enforcement
of water quality standards and federal, state, local, and tribal laws,
codes, and regulations pertaining to land use and water quality.
- Design and installation of on-the-ground
projects to assist water quality protection and restoration and implementation
of BMPs where found to support water quality improvements.
- Public involvement and education by various
means.
- Monitoring of water quality conditions
for detection of trends, determination of beneficial impacts due to projects
or implementation of BMPs, location of chronic and acute sources of nonpoint
pollution, and compliance with standards and criteria.
- Coordinated efforts in the Umatilla River
Basin to ensure a holistic watershed ecosystem approach and reduce redundancy
of efforts.
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Present a more detailed description/listing of
steps used in identifying nonpoint source problem areas, priority waterbodies,
and BMP solutions in this section. This information should be a concise
summary of the data presented in the assessment report, but more detailed
than the general process identified in the overview section.
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A comparative evaluation procedure was
developed and applied to each impaired surface waterbody. The following
four considerations were used to develop the list of “high priority”
waters: severity of the water quality impairment, . . . , public benefit
if use is restored. Examples of public benefit considered in the procedure
were health-related concerns and recreational activities. Public comments
received during workshops were integral to determining “threatened
waters.” |
MANAGEMENT PROGRAM SUMMARY
This section is intended to provide general information
regarding the development of the management program. The section should
identify the legal authority for the proposed management program and the
designated management agency for the program (e.g., tribal environmental
office, tribal nonpoint source task force). Many tribes establish a tribal
environmental office that is responsible for the development of the program
and coordination with other tribal programs, as well as coordination with
federal programs and agencies.
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The process for identifying BMPs and nonpoint
source control programs that will be used during the management program
will also be incorporated into the nonpoint source assessment process and
the waterbody targeting process to gain broader public input. Over 350 individuals
and organizations were contacted during the assessment regarding specific
nonpoint sources that they may have observed. Each was asked their opinion
of specific BMPs and programs that they felt were appropriate to resolve
local problems. Persons attending the regional workshops and the statewide
meeting on the management program and targeted waters were also given the
opportunity to describe control measures or programs.
In addition to Task Force and public review
of technical standards, BMPs are routinely evaluated by the Vermont Agency
of Natural Resources. The Agency has continually evaluated and revised its
own rules and policies and urges other federal and state agencies to do
the same with their own standards. |
Also, describe the contents of the management program
in the management program summary. An example of information to include
is a definition of how the program is partitioned (e.g., “The management
plan has been divided into two parts”). Briefly describe the information
that will be discussed in each subsection of the plan (e.g., “the administration
subsection will discuss the coordination of programs and funding sources
for the management program”). In addition, discuss information regarding
the administration of the management program, monitoring efforts designed
to evaluate the success of BMP implementation, environmental education plans
of the program, and funding requirements for each of these components (FPAST, 1993b).
MANAGEMENT PROGRAM
This section of the report should be organized
by the nonpoint source pollution categories (e.g., agriculture, silviculture,
construction) that are identified as priorities in the assessment report
and will be addressed in the management program. BMPs identified for each
category should form subsections. Include milestones for each section/subsection
of the plan, presented in tabular form.
Agriculture Milestones
| Activity |
Year 1 |
Year 2 |
Year 3 |
Year 4 |
| Demonstration -
winter grazing and feeding
on Wolf Creek |
X |
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| Implement 4
grazing BMPs on range units 9
and 10 on Little Porcupine Creek |
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X |
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| Monitor range
units 9 and 10 for water quality
changes |
|
X |
X |
X |
Silviculture Milestones
| Activity |
Year 1 |
Year 2 |
Year 3 |
Year 4 |
| Stabilize abandoned logging
roads |
|
X |
X |
X |
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For each nonpoint source pollution category, provide
the following:
- Provide a brief introductory paragraph describing
the nonpoint source, as well as problems and needs associated with the
source. To the maximum extent possible, this paragraph should include information
such as the primary pollutants associated with the nonpoint sources, the
percent of land use associated with the nonpoint source pollution category,
and the percent of nonpoint pollution on the tribal lands attributed to
the source.
| Example
(FPAST,
1993b):
Agriculture—Agriculture is Fort Peck
Reservation’s number one industry and is the prevalent land use on
nearly 98% of the Reservation’s land. Agriculture also generates nearly
99% of the total nonpoint source pollution. The main agricultural pollutants
are sediments and nutrients.
The designated nonpoint source management
agencies for Montana have adopted Natural Resources Conservation Service
(NRCS) standard conservation practices and specifications as Montana’s
recommended agricultural BMPs. The Assiniboine and Sioux Tribes intend to
adopt NRCS recommendations as well. New BMPs addressing pesticide application,
fertilizer management, and streambank stabilization will be added as they
are developed.
Appropriate BMPs will be selected on a
site-specific basis for each agricultural activity producing nonpoint source
pollution. Application of agricultural BMPs for nonpoint source water pollution
control on the Reservation is basically voluntary. |
- Next, identify specific short-term goals and
objectives. These may be subdivided by activities (BMPs) proposed to meet
each goal.
| Example
(EBCI,
1993b, cited in
USEPA,
1994a;
VTNRDEC,
1988b):
Goal - Reduce nutrient contamination of
tribal waters.
Activities (BMPs) -
- Feedlot waste management. The tribe will
require that the landowner assess the impact to the aquatic environment
of a hog feedlot on Adams creek. If the impact is of sufficient magnitude
to warrant a waste treatment program, the tribe will consult with the landowner,
NRCS, FSA, and EPA on appropriate BMPs to correct this situation.
- Establish an annual awards program to
recognize the achievements of farmers who have implemented BMPs. (Supporting
text describing the awards program should follow.)
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- For each activity (BMP), determine the following
(if possible) and include supporting text for each:
- –Lead agency(ies)
–Cooperating agency(ies)
–Funding schedule
–Waterbodies potentially to be improved by the activity (BMP)
–Any impacts to ground water supplies
–Implementation schedule and milestones. (These should be presented
in tabular form and cover the four fiscal years following management program
submittal.)
- Identify any additional, long-term objectives
for the nonpoint source category. Examples of long-term objectives are
(VTNRDEC, 1988b):
- –To encourage the use of agricultural BMPs
by making cost-sharing programs more affordable.
–To restore minimum flows and regulate impoundments so as to support
designated uses such as aquatic biota habitat, swimming, and boating.
–To reduce septic system failures and ground and surface water contamination
and to prolong septic system performance.
EXISTING AUTHORITIES AND PROGRAMS
This section identifies and describes any tribal
or federal laws or programs (in addition to section 319) that address nonpoint
source pollution and activities associated with each. Examples of laws or
programs that could possibly support nonpoint source pollution control implementation
include:
- Clean Water Act Amendments (e.g., sections 303,
314, 404)
- Safe Drinking Water Act Amendments of 1996
- Provisions of the Food and Agricultural Trade
Act of 1990
Also include a description of specific programs
(in addition to section 319) for financial or technical assistance at the
tribal, local, state, or federal level. Examples of federal financial assistance
programs include the Intermodal Surface Transportation Act of 1991 (transportation
enhancements); the Abandoned Mine Lands Program; and the Environmental Quality
Incentives Program (EQIP), Wetlands and Conservation Reserves, and Wildlife
Habitat provisions of the 1996 Farm Bill. Examples of state financial assistance
programs are state agricultural cost share programs, state-funded state
revolving funds, and regional geographic initiatives such as the Chesapeake
Bay Program and the Puget Sound Program.
In addition, define the roles of various agencies
in these financial or technical assistance programs.
| Example 1
(EBCI,
1993b, cited in USEPA,
1994a):
The Bureau of Indian Affairs has responsibilities
over all properties held in trust by the U.S. Government for Indian tribes.
The Bureau of Indian Affairs will provide technical assistance and resources
when available. |
| Example 2
(FPAST,
1993b):
The Extension Service at the U.S. Department
of Agriculture level provides support for state Extension organizations
by overseeing the distribution of federal funds, by reviewing programs,
and by alerting states about federal priorities and programs. Extension
Service involvement in the national nonpoint source effort focuses on information
and education programs. |
This section also identifies any federal assistance
programs and development projects to be reviewed by tribes for their effects
on water quality or inconsistency with the tribe’s nonpoint source
control program.
| Example
(EBCI,
1993b, cited in USEPA,
1994a):
Consistency of Federal Programs - The Tribal
Environmental Office will be responsible for the review of activities and
programs conducted by all federal agencies on tribal lands to ensure compliance
with the tribal nonpoint source program. This will be one of the duties
of the technical assistant in the Tribal Environmental Office. The following
is a list of Federal Agencies expected to be conducting activities that
would fall within the guidelines of the nonpoint source program: USDA Natural
Resources Conservation Service, Bureau of Indian Affairs, Indian Health
Service, and Housing and Urban Development. |
REFERENCES
This section provides bibliographic information
on sources cited or referred to in the text of the report.
APPENDICES
Include in the appendices additional information
that is important to the understanding of a certain section of the report,
but not significant enough to be included in the body of the text. This
material should be supplementary to the information presented in the body
of the text.
Example
(EBCI,
1993b, cited in USEPA
1994a; VTNRDEC,
1988b):
- Official certification of legal authority
to carry out the nonpoint source management program.
- Membership lists for local nonpoint source
task forces and member affiliations.
- Notes from public meetings on the nonpoint
source management program.
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ACRONYM LIST
In this section, provide a list of acronyms used
throughout the nonpoint source management program.
Sources
Documents that might provide additional assistance during the preparation
of a nonpoint source pollution management program include:
- Section 319 Success Stories - USEPA, Office of Water (November
1994)
- Geographic Targeting: Selected State Examples - USEPA, Office
of Policy and Program Evaluation (1993)
- Selecting Priority Nonpoint Source Projects: You Better Shop Around
- USEPA, Office of Water (1989)
- Setting Priorities: The Key to Nonpoint Source Pollution Control
- USEPA, Office of Water Regulations and Standards (July 1987)
- Integrating Quality Assurance into Tribal Water Programs - USEPA,
Region 8, Water Management Division (undated)
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