Office of the Chief and Council

Kirk E Francis

Chief

Bill Thompson

Vice Chief

Wayne T Mitchell

Representative

October 8 2014

Via Email toporterfieldteriepagov

Hon Gina McCarthy

Administrator

Environmental Protection Agency

1200 Pennsylvania Ave NW

Washington DC 20460

Via Email to exseciosdoigov

Hon Sally Jewell

Secretary of the Interior

Department of the Interior

1849 C St NW

Washington DC 20240

Penobscot Nation

12 Wabanaki Way

Community Building

Indian Island Maine 04468

207 8277776

FAX 207 8276042

Re Water Quality Standards and the Penobscot Nations Reservation Fishery

Dear Administrator McCarthy and Secretary Jewell

I write on behalf of the Penobscot Nation to request consultation regarding two matters of critical

importance to the Penobscot Nation a the State of Maines request to the EPA for approval

under the Clean Water Act of the States water quality standards within the waters of the

Penobscot Indian Reservation and b the Penobscot Nations request to the EPA for approval of

its water quality standards within the waters of the Penobscot Indian Reservation

While these matters involve federal actions affecting the Penobscot Nation by the EPA we are

asking for a joint consultation with both of you because Secretary Jewell administers the Maine

Indian Land Claims Settlement Act on which both actions turn

As you know the EPA and the Interior Department have for many years recognized that the

Penobscot Nation has a reserved sustenance fishery in the Penobscot River its aboriginal

homeland Until 2012 the State of Maine appeared to acknowledge the Nations reserved

sustenance fishery in at least certain portions of the River but it maintained that all that meant

was the opportunity to catch whatever fish might be available not fish of a quality to sustain a

Native American population Today Maine refuses to recognize the existence of the Nations

sustenance fishery in the River

We are deeply concerned about the prospect that Maine may be given authority by the EPA to

establish water quality standards in the Penobscot Indian Reservation pursuant to the Clean

Water Act We are concerned that as a consequence the Nation would lose the ability to protect

is reservation fishery to ensure the promise of the Settlement Act History has shown that Maine

is hostile to the interests of the Penobscot Nation and even if the State is required to abide by the

minimum requirements of the Clean Water Act the Nation believes that will not be enough to

ensure the existence of a healthy sustenance fishery in the River

EPA000509
The Nation has submitted its application for approval of its water quality standards to the EPA

because it sees no viable alternative to protecting its longstanding interests in the River We

want to consult with you both to discuss in more detail our views on these issues and to hear

yours

For your reference I enclose copies of the following

1 Application ofthe Penobscot Nation to Administer Water Quality Standards Program

and for Federal Approval of the Standards

2 Public Comments ofthe Penobscot Nation Regarding Maines Application for Approval

of Water Quality Standards for Application Within the Penobscot Indian Reservation

and

3 Penobscot Nations Supplemental Public Comments on Maines Application fOr Approval

of Water Quality Standards for Application Within the Penobscot Indian Reservation

with Exhibits A and B

Thank you very much for considering this consultation request

Sincerely

Kirk Francis

Chief Penobscot Nation

cc Hon Hilary Thompkins Solicitor Department of the Interior via email to

marigracecaminitidisoLdoigov

Hon Kevin Washburn Assistant Secretary for Indian Affairs Department of the Interior

via email to ratanawaritobiagov

Hon Curt Spalding Region 1 Regional Administrator Environmental Protection Agency

via email to granthamnancyepagov

Penobscot Tribal Council

We would like to draw your attention in particular to Exhibit 3 to Attachment 3 Jurisdictional Statement to the

Application of the Penobscot Nation to Administer Water Quality Standards Program and For Federal Approval of

the Standards The documents in that Exhibit show some of the history of the federal governments actions as

trustee for the Penobscot Nation to address the health of the Penobscot River

EPA000510