(AGENPARL) - Roma, 2 Maggio 2024 - (AGENPARL) – gio 02 maggio 2024 Issued: May 2, 2024 (11:03am EDT)
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EPA Announces Final Rule to Protect Water Quality Where Tribes have Treaty and
Reserved Rights
WASHINGTON  – Today, May 2, the U.S. Environmental Protection Agency (EPA)
announced a final rule that will help protect water quality where Tribes hold
and assert rights to aquatic and aquatic-dependent resources. For the first
time, this action establishes a clear and consistent national framework for
EPA and states to consider Tribal treaty and reserved rights when establishing
Water Quality Standards under the Clean Water Act. In addition, this rule
advances the Biden-Harris Administration’s commitment to uphold the United
States’ treaty and federal trust responsibility to federally recognized
Tribes. When implemented, this final rule will better protect waters that
Tribes depend on for fishing, gathering wild rice, cultural practices, and
other uses.
“President Biden is committed to ensuring that all people have access to
clean and safe water. Strengthening our regulations to support Tribes and
protect precious water resources is essential,” said EPA Administrator
Michael S. Regan. “With this action, EPA is establishing clear rules of the
road that will support healthier Tribal communities. We look forward to
partnering with Tribes and our state co-regulators to implement Clean Water
Act protections consistent with Tribal treaty and reserved rights.”
Historically, EPA has addressed Tribal reserved rights under the Clean Water
Act on a case-by-case basis in state-specific actions. This practice fostered
uncertainty for Tribes, states, and entities seeking to comply with Clean
Water Act requirements. EPA’s final rule provides clarity and transparency
by revising the federal water quality standards regulation to better protect
Tribal reserved rights under the Clean Water Act. With this action, EPA is
ensuring that water quality standards are established taking into
consideration Clean Water Act-protected aquatic and aquatic-dependent
resources where Tribes hold and assert rights to those resources under federal
treaties, statutes, or executive orders. This final regulatory framework will
be applied consistently while accounting for local conditions and factors to
inform the development of specific water quality standards.
With this action, EPA is honoring the federal trust responsibility and
striving to protect Tribal reserved rights related to water resources,
consistent with commitments outlined in the agency’s 2021 action plan,
Strengthening the Nation-to-Nation Relationship with Tribes to Secure a
Sustainable Water Future.
“The Tribal Reserved Rights rule protects the rights of Tribal citizens,
accorded by treaties, statutes, and other federal laws, to hunt, fish, and
gather food in their usual and accustomed territories—including areas under
state jurisdiction,” said National Tribal Water Council Chairman Ken Norton.
“When treaties are honored as the highest law of the land, as the
Constitution directs, it is a victory for Tribes across the nation.”
“Upholding treaty reserved rights in Ceded Territories is the right thing to
do, both for Tribal members and the environment. As stressors such as climate
change, pollutants and development harm the environment, it is increasingly
important for Tribal members to have the opportunity to exercise their rights
in Ceded Territories,” said Leech Lake Band of Ojibwe Environmental Director,
Brandy Toft. “It is our hope that this rule will assist to preserve the Leech
Lake Band of Ojibwe’s treaty protected right to harvest resources, such as
fish and wild rice for subsistence, for generations to come.”
“In the Anishinaabe (or Ojibwe) language, gibimaaji’igomin nibi means
‘water is life,’” according to Jason Schlender, Executive Administrator
of the Great Lakes Indian Fish and Wildlife Commission (GLIFWC).
“Anishinaabe people recognize that clean water sustains the more-than-human
relatives (natural resources) that they rely on to continue their lifeways. It
was these lifeways that our member Tribes were protecting when they reserved
the right to hunt, fish, and gather on land that they ceded (or sold) in
treaties with the United States. GLIFWC welcomes federal actions that will
ensure that water quality is improved and sustained to ensure the continued
health of our more-than-human relations.”
“Elwha Tribe is pleased that the federal rule will ensure that Tribes will
be heard,” said Lower Elwha Klallam Tribe Vice-Chairman Russell N. Hepfer.
“I always advocate for consultation to occur early and often. Water quality
is important for our human health and for our resources. More important for
our future generations. Elwha Tribes looks forward to consultation with EPA as
this rule is implemented.”
The final rule will be effective 30 days after publication in the Federal
Register. Learn more about EPA’s final Tribal Reserved Rights rule.
Background
Water quality standards define the water quality goals for a waterbody and
provide a regulatory basis for many actions under the Clean Water Act,
including reporting on water quality conditions and status; developing water
quality-based effluent limits in National Pollution Discharge Elimination
System permits for point-sources; and setting targets for Total Maximum Daily
Loads.
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