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EPA Tribes

- only Consultation and Coordination Webinar on Potential Reinterpretation of

Clean Water Act TAS Provisions

May 22, 2014 2:00

– 4:00 p.m. EDT

Webinar Summary

Moderator : Gretchen Giannelli, EPA Office of Science and Technology

Presenters: Fred Leutner, EPA Office of Science and Technology

Tod Siegal, EPA Office of General Counsel

Participants: See last two pages

– about 35 tribal representatives attended

The webinar beg an with introductions and instructions for participants , followed by a presentation by Mr. Leutner based on briefing slides available on EPA’s website

http://water.epa. gov/scitech/swguidance/standards/wqslibrary/tribal.cfm

.

The webinar continued with an opportunity for questions and comments from tribal participants.

Questions were submitted by participants either in writing through the chat window to the EPA

moderator, Gretchen Giannelli, or over the phone after the phone lines were opened.

The following is a list of questions and comments received from tribal participants during the webinar.

For each of the questions, the EPA presenters provided responses that were consistent with the

presentation materials and other information available at

http://water.epa.gov/scitech/swguidance/standards/wqslibrary/tribal.cfm

. T ribal views and

comments provided were acknowledged, and will be considered by EPA in developing the

proposed rule.

 How can we get a copy of the presentation?

 Are you making provisions to address tribes that do not have reser vations with exterior

boundaries? The trib e I work for does have a reservation, but no exterior boundary

around it.

 What about the Atkinson v. Navajo Nation Supreme Court Decision?

 Will this potential action cover off

- reservation trust lands?

 How will this potential action affect future jurisdicti onal statements for tribes already

with 303 TAS during the triennial review process? Basically, for tribes with 303 TAS,

should they be doing their jurisdictional statements b ased on the new interpretation?

 Will states be receiving a separate consultation on this apart from the public comment

period?

 Are there any complications for tribes if their reservations with tribally owned lands only

constituting a small portion of the overall land base?

 How would this action affect a tribe that had its reservation dis

- established, but the court

also found that there is a reservation, in which our checker

- board land is held in trust. So

there is no identified exterior boundary.

 The case of Evans v

. Oklahoma , regarding airsheds that extend outside of the reservation

boundaries, and in regard to trust lands outside the reservation boundaries , appeared to2 of 4

look at the Montana test for inherent authority. Courts are becoming very restrictive in

view of the Montana test of inherent authority where tribes have jurisdiction over non

tribal activities. I applaud EPA's reinterpretation efforts, but in light of the restrictive

court interpretations, where do you foresee this specific case having an impact on the

reinterpretation efforts?

 Thanks for your wonderful presentation t oday, it is much appreciated, first of all. With

the reinterpretation of the jurisdiction from inherent authority to congressional authority,

as specified in 518, does that mean that the jurisdictional authority [for our tribe which

already has TAS] now is automatic over [specific named tribal areas] based on this

reinterpretation?

 Our trib e has been working on our TAS application for two years. How will this potential

action affect that?

 Would tribes in Alaska and Oklahoma be able to apply for TAS now?

 I think this potential action will simplify, for the trib e I work for, the process that we've

been looking at, and we've actually started the application process. This change would

likely help us move further. We have a lot of pushback from local governmen ts, towns

basically, and this type of change would help us in terms of recognizing the trib e's

authority to do this in relation to reservation lands, and that it will simplify the process

the process in general, and help strengthen the acknowledgements of the tribe's

jurisdiction on authority for when it gets pushback from local governments.

 Our Tribal Chair is going to be submitting comments in support of the reinterpretation

initiative. And as we've h e ard over the comments just a while ago, I believe thi s is going

to help the process for trib es achieving TAS for regulatory actions of the Clean Water Act

on their tribal lands. I would suggest to my other counterparts, tribal directors, or

environmental directors, or leaders, that they write letters of supp ort to EPA supporting

this initiative.

 G iven the somewhat strong congressional reaction by some senators, congressional

people, etc, against the redefining of the Waters of the U

. S

. , do you see any pushback

from local businesses and governments? Do you se e pushback in this particular area, or

do you have a sense of that yet?3 of 4

W EBINAR A TTENDEES

First Name Last Name Affiliation

Andy Byrne EPA Headquarters

Ken Clark Nez Perce Tribe

Anthony David Saint Regis Mohawk Tribe

Verona Deer EPA Headquarters

Roman Ferdinand Sokaogon Chippewa Community

Scott Fields Coeur d'Alene Tribe

William Fields Taos Pueblo, New Mexico

Bethany Fisher Legal counsel for the Seneca Nation of Indians

Sarah Furtak EPA Headquarters

Kevin Greenleaf Kootenai Tribe of Idaho

Kevin Gunderson Ho

- Chunk Nation

Robin Harris Confederated Tribes of the Umatilla Indian Reservation

Jennifer Heminokeky Fort Sill Apache Tribe

James Holt Nez Perce Tribe

Linda Hood Campo Kumeyaay Nation

David Horak EPA Region 5

Wayne Jackson EPA Region 2

Jennifer Johnson Washoe Tribe of NV and CA

Ambrie Johnson Chickasaw Nation

Summer King United Keetoowah Band of Cherokee Indians in Oklahoma

Mike Knapp EPA Region 9

Fred Leutner EPA Headquarters

Chris Marks (unknown tribe)

Kathleen Mayo EPA Region 5

Carl Merkle Confederated Umatilla Tribes

Linda Nguyen Red Cliff Band of Lake Superior Chippewas

Ken Norton National Tribal Water Council

Margaret Park Agua Caliente Band of Cahuilla Indians

Eric Rich Navajo Nation EPA

Matthew Richardson EPA Headquarters

Joshua Riley Choctaw Nation Tribal policy, water rights

Cindy Rivera Mesa Grande Band of Mission Indians.

Melissa Robinson Choctaw Nation of Oklahoma

Allison Smart (unknown tribe)

Kelcey Stricker Pechanga Band of Luiseno Indians

Mardell Sundown Haudenosaunee Environmental Task Force.

Bridget Swanke Stockbridge

- Munsee Band of Mohican Indians

Sondra Tucker EPA Region 7

Joy Yoshioka Iowa tribe of Oklahoma

Eve Zimmerman EPA Region 4

Little River (unknown)

DC (unknown)4 of 4

Kit & Char (unknown)

George Parrish EPA Region 8

Guest (unknown)

Region 4 (unknown

P OLL Q UESTIONS AND R ESPONSES

What geographic region are you from?

Geographic L ocation # A ttendees

Region 2 2

Region 5 7

Region 6 5

Region 9 5

Region 10 8

No response 20

How many participants are attending at your location?

# P articipants at location # A ttendees

1 19

2 2

3 1

No response 25