Confedetated Tribe-s of the

Umatilla Indian Reseryation

Depattment of Natural Resoutces

Administation

4641.1.T'1mlne lVay

Pendleton, OR 97801

www.ctuir.orq ericouaemots@cruir.ors

Phone: 541.-276-3165 Fax: 541-276-3095

Nday 22,2014

Sarah Furtak

Office of 'Water

U.S. Environmental Protection Agency

1200 Pennsylvania Avenue, NW

Mail Code: 45037

Washington, DC 20460

Submitted Electronically to: furtak.sarah@epa.gov

Re:Consultation on Rulemaking to Provide More Opportunities for Tribes to Engage in

Clean'Water Act Impaired Water Listing and Total Maximum Daily Load Program

Dear Ms. Furtak:

The Confederated Tribes of the Umatilla Indian Reservation (CTUIR) Department of Natural

Resources (DNR) appreciates the opportunity to engage in consultation and comment on

proposed rulemaking by the U.S. Environmental Protection Agency (EPA) to provide more

opportunities for tribes to engage in the Clean'Water Act (CWA) Impaired Water Listing and

Total Maximum Daily Load Program.

The CTUIR is a federally recognized Indian tribe. In the Treaty of 1855 with the United States

(12 Stat. 945), we secured forever our pre-existing "right of taking fish" exclusively on our

reservation and at all "usual and accustomed stations" off-reservation in common with other

citizens throughout the Pacific Northwest. Implicit in that right to fish is the right to water. It is

necessary for our fisheries, which require suffrcient quantities of water, of adequate quality, to

sustain healthy populations. EPA has an obligation to uphold these rights and to fulfill its Trust

Responsibility to safeguard the tribal trust resources on which they depend.

The CTUIR supports modification of existing regulations to explicitly address Treatment-As-AState (TAS) authority for tribal assumption of CWA Section 303(d) functions. Greater

clarification of the process for tribes to obtain TAS status for the Listing/TMDL Program would

assist the CTUIR in the exercise of our inherent sovereign authority over on-reservation water

resources vital to the health and well-being of our members. Some of our waters suffer from

various degrees of impairment and the ability to list them and engage in the TMDL process will

enable us take appropriate actions to improve their condition.

The CTUIR already has in place an extensive and comprehensive management program for onreservation water resources, including impaired waters. 'We currently devote substantial time,

effort and resources to restoring, maintaining, and protecting waters both on- and off-reservation.

We are fully capable of analyzing our monitoring data to assess tribal waters over which we have

jurisdiction and to develop impaired waters lists, to establish priority rankings, to develop

TMDLs for EPA review, and to oversee implementation of EPA-approved TMDL cleanup plans.

Tteaty June 9, 1855 - Cayuse, Umatilla and Walla ïlalla Ttibes
CTUIR DNR Letter to EPA

Re: Rulemaking on Tribal Engagement in CWA Impaired Water Listing/TMDL Program

l|vday 22,2014

Page2 of2

We would benefit from the proposed clarification of the rules so that we can more efficiently

carry out these activities.

The CTUIR has significant experience in protecting, restoring, and maintaining water quality.

V/e are interested in seeking TAS authority for the CWA Section 303(d) Impaired Water Listing

and TMDL Program to further our work in this area. The CTUIR is implementing an onreservation TMDL for temperature and turbidity prepared by the CTUIR DNR and issued by

EPA Region 10 in 2005.

The CTUIR has adopted on-reservation water quality standards incorporating a fish consumption

rate that more accurately represents consumption by tribal members. 'We 

were the driving force

in convincing the State of Oregon to ultimately adopt standards that also reflected higher tribal

fish consumption after a decade-long process. W'e are now engaged in current efforts in both

Washington and Idaho to revise weak, unprotective standards that are still based on outdated,

inaccurate consumption rates.

Our goal in all of these processes has been to achieve actual reductions in pollution. The CTUIR

recognizes that point sources are only part of the water quality problem, and that more vigorous

attention must be given to non-point sources, including on our own reservation. TAS authority

for the Section 303(d) Program would help us do this.

Finally, in addition to addressing the process for determining authorþ, EPA should consider

how tribes can most effectively implement that authority and what resources or assistanceincluding funding-the agency may be able to provide to promote and enhance our efforts. Mere

grant of authority is a good start, but provisions to help ensure that there are means to implement

such authority would be benefrcial and should be addressed.

Clean water is the first of our First Foods. Ceremonies in our longhouse begin and end with

water. It is woven into the fabric of our religion, culture and way of life. A primary mission of

the CTUIR's governing body is to improve the health of our valued rivers and streams and their

waters which nurture us. The CTUIR supports rules that will help us more fully exercise our

sovereign rights, responsibilities and authorities to accomplish this mission.

Thank you for your attention to our comments and concerns. If you have any questions or would

like to discuss this matter further, please contact Robin Harris at RobinHarris@ctuir.org or Carl

Merkle at CarlMerkle@ctuir. org.

Sincerely,

(fnlrn ørt't¿w ft/4'n/t'/l/

Quaempts

ctor, Department of Natural Resources

EQ: cfrn, rh

Tteaty June 9, 1855 - Cayuse, Umatilla and Walla Walla Ttibes