Navigable Waters Protection Rule Tribal Consultation
EPA is archiving material relevant to the Navigable Waters Protection Rule, including this page, to avoid confusion with more recent rulemaking efforts.
The 2020 Navigable Waters Protection Rule was vacated by two district courts and has been replaced in the Code of Federal Regulations by the January 2023 final "Revised Definition of 'Waters of the United States'" rule, as amended by the September 2023 final rule amending the Code of Federal Regulations to conform the January 2023 Rule’s definition of “waters of the United States” to the Supreme Court decision in Sackett v. Environmental Protection Agency. Please visit the Rule Status page for additional information about the status of the January 2023 Rule, as amended, and litigation. Learn more about current implementation of the definition of "waters of the United States." The 2020 NWPR is not in effect, and the materials below are provided for informational purposes.
Consistent with the 2011 Environmental Protection Agency (EPA) Policy on Consultation and Coordination with Indian Tribes, the EPA and Department of Army undertook tribal consultation while developing the Navigable Waters Protection Rule: Definition of "waters of the United States." Tribal consultation followed the terms of the EPA Policy on Consultation and Coordination with Indian Tribes and applicable guidance.
Five national tribal meetings or teleconferences, five regional tribal meetings or teleconferences (e.g., Regional Tribal Operations Committee), were held during the consultation period, April 20 through June 20, 2017. After the close of the consultation period to signature of the final rule, the agencies continued to give updates at national or regional teleconferences and meetings, held an in-person tribal workshop in March 2018, and hosted four in-person tribal discussion forums during the public comment period. The agencies also held leader-to-leader consultation teleconferences/meetings or staff-level teleconferences with 21 individual tribes. A summary report of tribal consultation and engagement for this rulemaking is available below.
Tribal Consultation and Engagement Report
Summary Report of Tribal Consultation and Engagement for the Navigable Waters Protection Rule
Tribal Consultation Materials
Informational Webinar for Tribes - May 18, 2017
Tribal Update Materials
Presentation for December 12, 2017 Webinar for Governmental Partners
Tribal Consultation Letters
Forty-five (45) comment letters were submitted as part of the Tribal consultation process. Three tribes submitted supplemental comment letters. This total count includes letters from:
- 34 individual tribes
- 23 signed by tribal leaders
- 15 signed by tribal staff
- 7 state/regional/national tribal groups or fish commissions that represent multiple tribes
All letters received in this tribal consultation effort are published online and are linked below by EPA Region. They are also available in the docket for the Navigable Waters Protection Rule.