Skip to main content
U.S. flag

An official website of the United States government

Here’s how you know

Dot gov

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

HTTPS

Secure .gov websites use HTTPS
A lock (LockA locked padlock) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

    • Environmental Topics
    • Air
    • Bed Bugs
    • Cancer
    • Chemicals, Toxics, and Pesticide
    • Emergency Response
    • Environmental Information by Location
    • Health
    • Land, Waste, and Cleanup
    • Lead
    • Mold
    • Radon
    • Research
    • Science Topics
    • Water Topics
    • A-Z Topic Index
    • Laws & Regulations
    • By Business Sector
    • By Topic
    • Compliance
    • Enforcement
    • Laws and Executive Orders
    • Regulations
    • Report a Violation
    • Environmental Violations
    • Fraud, Waste or Abuse
    • About EPA
    • Our Mission and What We Do
    • Headquarters Offices
    • Regional Offices
    • Labs and Research Centers
    • Planning, Budget, and Results
    • Organization Chart
    • EPA History

Breadcrumb

  1. Home
  2. Waters of the United States

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.

National Tribal Organization
 
Regions 4, 5, 6, and 8
 
Regions 9 and 10
 

Waters of the United States

  • About Waters of the United States
    • Programs Utilizing the Definition of Waters of the United States
  • Current Implementation of Waters of the United States
    • Coordination Process and Memoranda to the Field
    • Rule Status and Litigation Update
    • Implementation Tools and Methods
  • Revising the Definition of Waters of the United States
    • Amendments to the 2023 Rule
    • Training Presentations
    • Public Outreach and Stakeholder Engagement Activities
Contact Us about Waters of the United States
Contact Us about Waters of the United States to ask a question, provide feedback, or report a problem.
Last updated on November 4, 2024
  • Assistance
  • Spanish
  • Arabic
  • Chinese (simplified)
  • Chinese (traditional)
  • French
  • Haitian Creole
  • Korean
  • Portuguese
  • Russian
  • Tagalog
  • Vietnamese
United States Environmental Protection Agency

Discover.

  • Accessibility Statement
  • Budget & Performance
  • Contracting
  • EPA www Web Snapshot
  • Grants
  • No FEAR Act Data
  • Plain Writing
  • Privacy
  • Privacy and Security Notice

Connect.

  • Data
  • Inspector General
  • Jobs
  • Newsroom
  • Regulations.gov
  • Subscribe
  • USA.gov
  • White House

Ask.

  • Contact EPA
  • EPA Disclaimers
  • Hotlines
  • FOIA Requests
  • Frequent Questions
  • Site Feedback

Follow.