### 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 ProtectionAgency (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 afederally 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 throughoutthe Pacific 

### Northwest. 

### Implicit in that right to

### fish isthe right to

### water. 

### It is necessary 

### for ourfisheries, which require suffrcient quantities of water, of adequate quality, to sustain healthy 

### populations. EPA has anobligation to uphold these rights andto

### fulfill itsTrust Responsibility to safeguard thetribal trust resources onwhich 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 statusfor 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 andwell-being of our members. Some of our waters suffer

### from various degrees 

### of impairment andthe 

### ability to 

### list them and engage in the

### TMDL process

### will enable ustake 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 datato assess 

### tribal waters over which we have 

### jurisdiction andto 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 Letterto 

### 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 sothat 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 tofurther our 

### work in this area. The 

### CTUIR is implementing anonreservation 

### 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 afish consumption rate that more accurately represents consumption by 

### tribal members. 'Wewere the

### driving force 

### in convincing the State 

### of Oregonto 

### ultimately adopt standards that also reflected higher 

### tribal fish consumption after adecade-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 beento achieve actual reductions in 

### pollution. The 

### CTUIR recognizes that 

### point sources are only part of thewater quality problem, andthat more vigorous attention must be given to non-point sources, 

### including onourown 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 howtribes can most 

### effectively implement that authority andwhat resources or

### assistanceincluding 

### funding-the agency may be able to provide to promote and enhance our

### efforts. Mere grant 

### of authority is agood start, but provisions to help ensurethat there are means to implement such authority would be benefrcial and should be addressed.
Clean water isthe

### first of our First 

### Foods. Ceremonies in our longhouse begin and end

### with water. It iswoven into the fabric 

### of our religion, culture andway of 

### life. A primary mission

### of the 

### CTUIR's governing body isto 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.
Thankyou

### foryour attention to our comments and concerns. 

### If you have any questions or

### would liketo 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 andWallaWallaTtibes