Tribal Consultation and Coordination on EPA’s Proposal to Revise the Federal Water Quality Standards Regulation to Protect Tribal Reserved Rights

On November 28, 2022, the EPA Administrator signed a proposed rule to revise the water quality standards (WQS) regulation at 40 CFR part 131 to clarify and prescribe how state and federal WQS must protect aquatic and aquatic-dependent resources reserved to tribes through treaties, statutes, executive orders, or other sources of federal law, in waters where those rights exist. The proposed revisions would create a regulatory framework that would be applied case-specifically to help ensure protection of resources reserved to tribes, such as fish and wild rice.

• Fact Sheet: Proposed Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights (pdf) (103.75 KB, November 2022, EPA 820-F-22-003)
• Proposed Rule: Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights

For more information about the proposed rule, visit Revising the Federal Water Quality Standards Regulations to Protect Tribal Reserved Rights.

EPA conducted tribal engagement and consultation on the concepts reflected in the proposed rule between June and September 2021, prior to drafting the proposed rule. The proposed rule reflects input received through that engagement and consultation. Once the proposed rule was released for public review, EPA invited federally recognized Indian tribes to continue consultation and coordination between November 30, 2022 and February 28, 2023 to inform development of a final rule.

This process was conducted in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes.

Tribes-Only Listening Sessions

EPA held two online listening sessions for tribal leaders and staff on the proposed rule:

• Thursday, January 5, 2023
• Tuesday, January 10, 2023

• PRESENTATION: Proposed Revisions to the Federal Water Quality Standards Regulation to Protect Tribal Reserved Rights (pdf) (250.81 KB, January 2023)

Written Comments on the Proposal

All written tribal comments received are available in the docket at regulations.gov (Docket ID No. EPA-HQ-OW-2021-0791). EPA will address written comments received directly through the docket in a response to comments document that will accompany the final rule. Written comments not submitted as public comments via the docket will instead be addressed in a tribal consultation summary accompanying the final rule.

Pre-Proposal Tribal Consultation

EPA held a 90-day pre-proposal tribal consultation and coordination period with federally recognized Indian tribes on this action from June 15 to September 13, 2021. This process was conducted in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes.

A summary report of tribal consultation and engagement for this rulemaking is available below.

• Summary Report of Tribal Consultation for the Proposed Rule: Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights (pdf) (454.82 KB, October 2021)

EPA also held two pre-proposal online national listening sessions for tribal leaders and staff.

• Listening Session for Revising the Federal Water Quality Standards Regulations to Protect Tribal Reserved Rights – July 19, 2021
  • Presentation: Protecting Tribal Reserved Rights in Water Quality Standards - Potential Revisions to the Federal Regulations (7/19/21) (pdf) (219.71 KB)
  • Video: Protecting Tribal Reserved Rights in Water Quality Standards - Listening Session
• Second Listening Session for Revising the Federal Water Quality Standards Regulations to Protect Tribal Reserved Rights – August 23, 2021
  • Presentation: Protecting Tribal Reserved Rights in Water Quality Standards - Potential Revisions to the Federal Regulations (8/23/21) (pdf) (295.93 KB)
  • Video: Protecting Tribal Reserved Rights in Water Quality Standards - Second Listening Session

Pre-Proposal Written Comments Received

EPA received the following written comments during pre-proposal tribal consultation. All comment letters received in the pre-proposal tribal consultation period are also available in the docket at regulations.gov (Docket ID No. EPA-HQ-OW-2021-0791)

• Choctaw Nation of Oklahoma - Tribal Reserved Rights Consultation Comments (pdf) (149.53 KB)
• Columbia River Inter-Tribal Fish Commission: Protecting Tribal Reserved Rights in Water Quality Standards – Comments on Potential Revisions to the Federal Regulations (pdf) (367.52 KB)
• Confederated Salish & Kootenai Tribes - Tribal Reserved Rights Comments (pdf) (574.93 KB)
• Confederated Tribes of Umatilla: Comments on Potential Revisions to the Federal Water Quality Standards Regulations to Protect Tribal Reserved Rights (pdf) (247.26 KB)
• Fond du Lac Band of Lake Superior Chippewa: Notification of Consultation and Coordination on Potential Revisions to the Federal Water Quality Standards Regulations to Protect Tribal Reserved Rights (pdf) (283.49 KB)
• Great Lakes Indian Fish & Wildlife Commission: Notification of Consultation and Coordination on Potential Revisions to the Federal Water Quality Standards Regulations to Protect Tribal Reserved Rights (pdf) (438.49 KB)
• Houlton Band of Maliseet Indians: EPA’s Notification of Consultation and Coordination on Potential Revisions to the Federal Water Quality Standards Regulations to Protect Tribal Reserved Rights (pdf) (2.79 MB)
• Lac du Flambeau Band of Lake Superior Chippewa Indians Comments in regards to Revisions to the Federal Water Quality Standards Regulations to Protect Tribal Reserved Rights (pdf) (2.7 MB)
• Leech Lake Band of Ojibwe: Potential Revisions to the Federal Water Quality Standards Regulations to Protect Tribal Reserved Rights (pdf) (449.27 KB)
• Little Traverse Bay Bands of Odawa Indians: Notification of Consultation and Coordination on Potential Revisions to the Federal Water Quality Standards Regulations to Protect Tribal Reserved Rights (pdf) (275.42 KB)
• Little River Band of Ottawa Indians: Proposed Water Quality Standards Regulatory Revision to Protect Tribal Reserved Rights (pdf) (99.34 KB)
• Makah Tribal Council: Makah Tribal Council Input on Protecting Reserved Rights in Water Quality Standards (pdf) (1.39 MB)
• Mille Lacs Band of Ojibwe: Tribal Reserved Rights Consultation Comments (pdf) (208.73 KB)
• National Tribal Water Council: Revisions to the Federal Water Quality Standards Regulations to Protect Tribal Reserved Rights (pdf) (685.59 KB)
• Nez Perce Tribe: Tribal Reserved Rights Consultation Comments (pdf) (4.66 MB)
• Northwest Indian Fisheries Commission - RE: Potential Revisions to Clean Water Act Water Quality Standards Regulations to Protect Tribal Reserved Rights (pdf) (204.11 KB)
• Onondaga Nation: Reserved Rights Regulations under the Clean Water Act (pdf) (102.52 KB)
• Penobscot Nation: Potential Revisions to Federal Water Quality Standards Regulations to Protect Tribal Reserved Rights (pdf) (299.76 KB)
• Red Cliff Band of Lake Superior Chippewa Indians: Consultation and Coordination on Potential Revisions to the Federal Water Quality Standards Regulations to Protect Tribal Reserved Rights (pdf) (2.18 MB)
• Seneca Nation: Potential Revisions to the Federal Water Quality Standards Regulations to Protect Native Nations' Reserved Treaty Rights (pdf) (1.08 MB)
• Snoqualmie Indian Tribe Comments on Revising the Federal Water Quality Standards Regulations to Protect Tribal Reserved Rights (pdf) (562.91 KB)
• Yakama Nation: Potential Revisions to the Federal Water Quality Standards Regulations to Protect Tribal Reserved Rights (pdf) (1.34 MB)