Revising the Federal Water Quality Standards Regulation to Protect Tribal Reserved Rights
On April 26, 2024, the EPA Administrator signed a final rule that revises the water quality standards regulation at 40 CFR part 131 to explicitly address how the EPA and states must consider Tribal reserved rights – defined in this rule as rights to Clean Water Act-protected aquatic and/or aquatic-dependent resources reserved to Tribes through treaties, statutes, or executive orders – in establishing water quality standards, where Tribes assert these rights for consideration. This rule creates a regulatory framework that will be applied consistently while accounting for local conditions and factors to inform the development of water quality standards to protect applicable Tribal reserved rights.
Final Rule
- Final Rule: Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights
- Fact Sheet: Final Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights (pdf)
- Press Release: EPA Announces Final Rule to Protect Water Quality Where Tribes have Treaty and Reserved Rights
- Example Implementation Scenario for Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights (pdf)
Proposed Rule
- Proposed Rule: Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights
- Fact Sheet: Proposed Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights (pdf)
- Press Release: EPA Announces Proposal to Protect Tribal Reserved Rights in Water Quality Standards and Best Practices for Tribal Treaty and Reserved Rights
Tribal Consultation and Coordination
The EPA conducted Tribal engagement and consultation on the concepts reflected in the proposed rule between June and September 2021, prior to drafting the proposed rule. The proposed rule reflected input received through that engagement and consultation. Once the proposed rule was released for public review, the EPA invited a second round of consultation and coordination on the proposed rule between November 30, 2022 and February 28, 2023. These processes were conducted in accordance with the EPA Policy on Consultation with Indian Tribes.
Tribal Consultation Summary
A summary report of Tribal consultation and engagement to inform the rulemaking (including final and proposed rules) is available below.
Tribes-Only Listening Sessions on Proposed Rule
The EPA held two online listening sessions for Tribal leaders and staff on the proposed rule during the second round of consultation and coordination:
- Thursday, January 5, 2023
- Tuesday, January 10, 2023
Tribes-Only Pre-Proposal Listening Sessions
The EPA also held two pre-proposal online national listening sessions for Tribal leaders and staff during the first period of Tribal engagement and consultation on the concepts reflected in the proposed rule:
- Listening Session for Revising the Federal Water Quality Standards Regulations to Protect Tribal Reserved Rights – July 19, 2021
- Second Listening Session for Revising the Federal Water Quality Standards Regulations to Protect Tribal Reserved Rights – August 23, 2021
Public Hearings
The EPA held two public hearings so that interested parties could provide oral comments on the proposed rule.
- Tuesday, January 24, 2023
- Tuesday, January 31, 2023
The EPA considered all oral comments provided during the hearings along with written comments submitted via the docket for this rulemaking (available at Docket ID No. EPA-HQ-OW-2021-0791).
- PRESENTATION: Proposed Revisions to the Federal Water Quality Standards Regulation to Protect Tribal Reserved Rights (1/24/23) (pdf)
- TRANSCRIPT: Proposed Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights - Public Hearing #1 (1/24/23) (pdf)
- TRANSCRIPT: Proposed Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights - Public Hearing #2 (pdf)
Written Comments on the Rulemaking
The EPA accepted public comments on the proposed rule between December 6, 2022 and March 6, 2023. All written comments that were submitted on the proposal – including those submitted by Tribes – can be accessed at regulations.gov (Docket ID No. EPA-HQ-OW-2021-0791). All comment letters received during the pre-proposal Tribal consultation period are also available at regulations.gov (Docket ID No. EPA-HQ-OW-2021-0791).