UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION I

5 POST OFFICE SQUARE, SUITE 100

BOSTON, MASSACHUSETTS 02109-3912

MEMORANDUM

SUBJECT: Tribal Consultation: Maine Water Quality Standards

Passamaquoddy Tribe at Pleasant Point and Indian Township - Tribal Boundaries

FROM: Michael Stover, EPA Region 1 Indian Program Manager

TO: file

DATE: March 31, 2016

On Thursday, September 10 2015 from 1:00pm – 2:00pm, a conference call was held with the 

Passamaquoddy Tribe – Pleasant Point and Indian Township reservation representatives regarding tribal 

boundaries as they relate to the application of water quality standards pertaining to waters in Indian lands 

in Maine. Present on the conference call were:

Vice Chief William Nicholas, Passamaquoddy Tribe at Indian Township

Marvin Cling, Environmental Director, Passamaquoddy Tribe at Pleasant Point

Martin Dana, Environmental Director, Passamaquoddy Tribe at Indian Township

Trevor White, Assistant Environmental Director, Passamaquoddy Tribe at Indian Township

Corey Hinton, Attorney Akin Gump (Passamaquoddy Tribe at Pleasant Point)

H. Curtis Spalding, Regional Administrator, EPA Region 1

Deb Szaro, Deputy Regional Administrator, EPA Region 1

Carl Dierker, Director, Office of Regional Counsel, EPA Region 1

Tim Williamson, Deputy Director, Office of Regional Counsel, EPA Region 1

Ken Moraff, Director, Office of Ecosystem Protection, EPA Region 1

Ralph Abele, Water Quality Branch Chief, EPA Region 1

Jeanne Voorhees, Water Quality Standards Coordinator, EPA Region 1

Matt Hoagland, Branch Chief, Wetlands, EPA Region 1

Michael Stover, Indian Program Manager, EPA Region 1

Tod Siegal, Office of General Council, EPA Headquarters

Pete Ford, Office of General Council, EPA Headquarters

Nicole Shao, Office Research and Development, EPA Headquarters

Glynis Hill, Office of the Administrator, EPA Headquarters

Claudia Fabiano, Office of Water, EPA Headquarters

Andrew Baca, American Indian Environmental Office, EPA Headquarters

Bella Wollitz, Office of the Solicitor, Bureau of Indian Affairs

During the conference call, the Regional Administrator explained that EPA seeks the Tribe’s

input on how EPA will factor tribal boundary information as EPA moves forward in preparing 

for promulgation of water quality standards pertaining to waters in Indian lands in Maine.

The Regional Administrator then provided the background and status of the water quality 

standards issue: EPA issued three sets of disapprovals to the State on February 2nd, March 16th 

and June 5th. The Clean Water Act requires EPA to promulgate federal standards if water quality 

disapprovals are unaddressed for more than 90 days. The 90-day period expired for all three sets 

of decisions. However, EPA has communicated to the state that EPA’s strong preference is for 

the State to address the issues by making the necessary revisions to its standards, and EPA is 
willing to work with the state beyond that 90-day period if the state is diligently working to put 

protective criteria in place. The Regional Administrator indicated that EPA has an upcoming 

meeting with the state DEP on September 21, 2015 to discuss the State’s plans to address some 

or all of the issues EPA identified in our decisions.

The Regional Administrator explained that as a backstop, in the event DEP decides not to move 

forward to address these issues, or is unable to do so for reasons beyond its control, EPA needs 

to have a process in place that will ensure a timely remedy to the issues identified in EPA’s 

decisions. Therefore, EPA has initiated a federal promulgation process to address the issues 

identified by EPA’s disapprovals. EPA is moving forward with proposing protective standards 

pertaining to waters in Indian lands in Maine, and seeks to have this discussion with the Tribe

regarding tribal boundaries that will ultimately become the geographical basis for proposing such 

protective standards.

The Tribe’s legal counsel discussed how the 1794 Treaty and the Maine Implementing Act characterized 

the islands in the St Croix that were reserved for the Tribe. The 1794 treaty language was discussed: “... 

the Commonwealth of Massachusetts... do hereby assign and set off to the aforesaid Indians, the following tract or 

parcel of land lying and being within the Commonwealth of Massachusetts, viz: all those islands lying and being in 

Schoodic River, between the falls at the head of the tide, and the falls below the forks of said river where the north 

branch and west branch parts; being fifteen in number, containing one hundred acres more or less...”

The Maine Implementing Agreement definition of “Passamaquoddy Indian Reservation" referencing the 

islands was discussed: “...those lands reserved to the Passamaquoddy Tribe by agreement with the State of 

Massachusetts dated September 19, 1794, excepting any parcel within such lands transferred to a person or entity 

other than a member of the Passamaquoddy Tribe subsequent to such agreement and prior to the effective date of 

this Act. If any lands reserved to the Passamaquoddy Tribe by the aforesaid agreement hereafter are acquired by the 

Passamaquoddy Tribe, or the secretary on its behalf, that land shall be included within the Passamaquoddy Indian 

Reservation those 15 islands in the St. Croix River in existence on September 19, 1794 and located between the head 

of the tide of that river and the falls below the forks of that river.” The Tribe indicated that the fifteen islands 

could be upstream (some may be submerged) or downstream of Woodland Dam, and the Tribe intends to 

“reacquire” islands in the future.

Trevor White mentioned an island in the “flowage” of the St Croix River referenced by two 

names (Taylor Island and Pine Island) that is in dispute, as well as lost land at Baileyville. The 

Tribe is seeking compensation for lost lands. The Tribe recommended that additional 

information may be available from the Tribal Historic Preservation Officer, Donald Soctomah.

EPA thanked the tribal representatives for the information and will follow up with Donald 

Soctomah.

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