During the 2022 White House Tribal Nations Summit, the U.S. Environmental Protection Agency (EPA) announced a proposal to revise federal water quality standards regulations to better protect Tribal rights under the Clean Water Act (CWA).
This proposal, once final, would create a regulatory framework that would be applied on a case-specific basis to help ensure that water quality standards protect resources reserved to tribes, such as fish and wild rice. Additionally, the proposed regulatory framework would provide transparency and predictability for tribes, states, regulated parties, and the public.
“We know that our shared goal of protecting water resources for Tribes is strongest – and most effective – when it’s informed by the lived experiences of those impacted by pollution,” says EPA Administrator Michael S. Regan. “By explicitly recognizing Tribal reserved rights in water quality standards, this proposal will help EPA ensure Tribal aquatic resources are abundant and safe to consume and reaffirms the Biden-Harris Administration’s commitment to our Nation-to-Nation partnership.”
The proposal also carries out commitments outlined in EPA’s 2021 action plan, Strengthening the Nation-to-Nation Relationship with Tribes to Secure a Sustainable Water Future, to honor the federal trust responsibility and to protect tribal reserved rights related to water resources.
“The National Tribal Water Council strongly supports EPA’s proposal to revise federal water quality standards regulations to protect tribal reserved rights in areas on and off reservations,” says National Tribal Water Council Chairman Ken Norton. “In this way, water quality standards will fulfill federal obligations by requiring a level of water quality that supports tribally significant waters and water-dependent resources consistent with tribal treaties and the federal trust responsibility. Allowing for increased tribal participation in water quality management will better protect precious tribal waters and bolster the resilience of indigenous communities and families.”
The agency will accept comment on this proposal for 90 days. EPA will also hold two online public hearings on this proposal. Learn more about the proposed rule and public hearings.
Additionally, at the 2022 White House Tribal Nations Summit, Administrator Regan together with 16 other federal agencies announced new best practices for Tribal Treaty and Reserved Rights.
The best practices include three documents:
- Best Practices for Identifying and Protecting Tribal Treaty Rights, Reserved Rights, and other Similar Rights in Federal Regulatory Actions and Federal Decision-Making;
- a shorter Best Practices Field Guide; and
- a Decision Flow Chart.
These best practices were developed in consultation with Tribal Nations and implements the agencies’ Memorandum of Understanding Regarding Interagency Coordination and Collaboration for the Protection of Tribal Treaty Rights and Reserved Rights.
