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, 

### Chri stina Coger, AICP Environmental Services Coordinator Natural Resource Department Little Traverse Bay Bands of Odawa Indians (231) 242

- 1571 ccoger@ltbbodawa

-nsn.govJuly 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 ofMichigan'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 ofthe preliminary changes to the interpretation, LTBB requests consultation with the Agency to better understand the effect ofthese changes as applied to our Reservation

. Our questions need to be addressed and/or clarified before LTBB can commit to fully supporting EPA's changes by interpretive rule.

LTBB 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