Office ofthe Chief

### and Council Kirk

# E Francis Chief
Bill 

### Thompson

Vice 

### Chief Wayne 

## T Mitchell

Representative


### October 

## 8 2014
Via 

### Emailtoporterfieldteriepagov 

## Hon Gina McCarthy Administrator 

### Environmental Protection 

### Agency 1200 Pennsylvania 

# Ave

# NW Washington 

# DC 20460 Via 

### Email to 

## exseciosdoigov 

## Hon SallyJewell Secretary 

### ofthe Interior 

### Department ofthe Interior 

### 1849 

## CSt

# 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 ofthe 

### Penobscot Nation to request consultation regarding 

### two matters ofcritical importance to the 

### Penobscot Nation 

# a the State of

## Maines request to the 

## EPA for 

### approval under the 

### Clean Water 

## Act ofthe States water quality standards within the waters ofthe 

### Penobscot Indian Reservation 

### and

# b the 

### Penobscot Nations request to the 

## EPA for approval 

### of
its water quality standards within the waters ofthe 

### Penobscot Indian Reservation 

### While these matters involve federal actions affecting the 

### Penobscot Nation by the 

# EPAwe are asking for ajoint consultation with both 

### ofyou because Secretary Jewell administers the 

### Maine Indian 

### Land Claims Settlement 

### Act on which both actions 

### turn 

## Asyou

## 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 ofthe 

### River but it maintained that all that

### meant was the opportunity to catch 

### whatever fish 

### might be available not fish 

### ofa 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 

## maybe 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 losethe ability to protect is reservation fishery to ensure the 

### promiseofthe Settlement 

## Act History has 

### shown that 

### Maine
is hostile to the interests ofthe 

### Penobscot Nation and even if the State is required to abide 

### by the 

## minimum requirements ofthe 

### Clean Water 

## Act the 

### Nation believes that will not 

### be enough to ensure the existence of a healthy sustenance fishery in the 

### River

## 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 Foryour reference I enclose copies 

### ofthe following 

# 1 Application 

### ofthe 

### Penobscot Nation to Administer

### Water Quality Standards 

### Program andfor Federal

### Approval ofthe 

### Standards 

# 2 Public 

### Comments ofthe 

### Penobscot Nation 

### Regarding 

## Maines Application 

### forApproval ofWater Quality Standards for Application Within the 

### Penobscot Indian 

### Reservation and 

# 3 Penobscot Nations Supplemental Public 

### Comments on 

## Maines Application fOr

### Approval ofWater Quality Standards forApplication 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 ofthe 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 ofthe Penobscot Nation to Administer Water Quality Standards Program and ForFederal Approval of the Standards The documents in that Exhibit show some ofthe history ofthe federal governments actions as trustee for the Penobscot Nation to address the health ofthe Penobscot River