From: Christina Coger <CCoger@LTBBODAWA-NSN.GOV>

Sent: Monday, July 7, 2014 12:22 PM

To: TASreinterpretation

Cc: Kira Davis; Doug Craven

Subject: Comment Letter on Potential Proposed Rule to reinterpret Clean Water Act (CWA) TAS for 

Tribes

Ms. Beth Leamond/Mr. Fred Leutner:

Please see the attached comment letter signed by the Tribal Vice Chair for your consideration. 

Thank you,

Christina Coger, AICP

Environmental Services Coordinator

Natural Resource Department

Little Traverse Bay Bands of Odawa Indians

(231) 242-1571

ccoger@ltbbodawa-nsn.gov
July 7, 2014 

Beth Leamond 

Waganakising Odawak 

Little Traverse Bay Bands of Odawa Indians 

Fred Kiogima, Tribal Chairman 

7500 Odawa Circle, Harbor Springs, Michigan 49740 

Phone 231-242-1401 • Fax 231-242-1412 

U.S. Environmental Protection Agency 

1200 Pennsylvania Avenue, Mail Code 4305T 

Washington, D.C., 20460 

The Little Traverse Bay Bands of Odawa Indians (LTBB) appreciates and acknowledges the United 

States Environmental Protection Agency's efforts to consider proposing changes in the tribal 

application process for Treatment Similar to a State (TAS), used to administer tribal water-related 

regulatory programs. EPA's current interpretation ofthe Clean Water Act's Section 518 is that a tribe 

must demonstrate its inherent regulatory authority determined by the Montana Test. Meeting this 

standard is time and resource intensive, redundant and challenging for tribes. The potential 

reinterpretation that would directly rely on the congressional delegation of authority would reduce time 

and resources spent, streamline the process for new lands converted into tribal trust, and increase 

efficiency. In addition, EPA would reduce the proposed standard for public comment and accelerate 

the public comment process. 

LTBB was federally reaffirmed on Sept. 21, 1994 with the signing ofPublic Law 103-324. LTBB's 

boundaries consist of the area reserved in the 1855 Treaty of Detroit encompassing the north-western 

part of Michigan's Lower Peninsula, with approximately 336 square miles ofland within the two 

counties. LTBB has 110 miles of Great Lakes Shoreline, 394 miles of creeks, rivers, and streams, 

27,553 acres oflakes and 35,647 acres of wetlands. Water resources are the lifeblood and the backbone 

to the preservation and protection of our traditional rights to hunt, fish and gather as negotiated in the 

2000 Great Lakes and 2007 Inland Lakes Consent Decrees. Without clean water these traditional ways 

will not perpetuate. 

LTBB's Surface Water Quality Protection Program has been working toward developing water quality 

standards and uses for over a decade. Given the scope of our Reservation, demonstrating the Montana 

Test for nonmember activities would be a burdensome analysis as part of any future Section 518 CW A 

TAS application process. However, based on a review of the preliminary changes to the interpretation, 

L TBB requests consultation with the Agency to better understand the effect of these changes as 

applied to our Reservation. Our questions need to be addressed and/or clarified before L TBB can 

commit to fully supporting EPA's changes by interpretive rule. 

L TBB looks forward to continue collaborating with EPA on potential interpretative rule changes. For 

any follow-up to this letter, please contact Kira Davis, Water Quality Specialist at (231) 242-1572 or 

kdavis@ltbbodawa-nsn. gov. 

Sincerely, 

~.W#/2- Debbie DeLeon, 

Tribal Vice Chair