Tribal Consultation

EPA is archiving material relevant to the Navigable Waters Protection Rule, including this page, to avoid confusion during the upcoming rulemaking efforts.

The Environmental Protection Agency and U.S. Army Corps of Engineers (the agencies) are in receipt of the U.S. District Court for the District of Arizona’s August 30, 2021, order vacating and remanding the Navigable Waters Protection Rule in the case of Pascua Yaqui Tribe v. U.S. Environmental Protection Agency. In light of this order, the agencies have halted implementation of the Navigable Waters Protection Rule and are interpreting “waters of the United States” consistent with the pre-2015 regulatory regime until further notice. The agencies continue to review the order and consider next steps. This includes working expeditiously to move forward with the rulemakings announced on June 9, 2021, in order to better protect our nation’s vital water resources that support public health, environmental protection, agricultural activity, and economic growth. The agencies remain committed to crafting a durable definition of “waters of the United States” that is informed by diverse perspectives and based on an inclusive foundation.

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.