A recent rule finalized by the Environmental Protection Agency (EPA) establishes a national framework for considering tribal treaties and reserved rights when setting water quality standards under the Clean Water Act.
Key takeaways:
- Clear Framework for Tribal Rights: This rule replaces a case-by-case approach with a consistent national framework for considering tribal rights in water quality standards.
- Improved Water Quality for Tribal Communities: The rule aims to ensure water quality standards are established with tribal rights in mind, potentially leading to improved water quality for tribal communities.
- Honoring Federal Trust Responsibility: The EPA emphasizes that this rule upholds the federal trust responsibility to protect tribal water resources.
The new rule addresses historical inconsistencies in how tribal rights were considered when setting water quality standards. Previously, the EPA relied on a case-by-case approach, leading to uncertainty for tribes, states, and those seeking to comply with the Clean Water Act. This new rule provides a clearer and more transparent process.
The final rule ensures that water quality standards consider Clean Water Act-protected aquatic resources where tribes hold rights established by treaties, federal statutes, or executive orders. This framework will be applied consistently while also accounting for local conditions to inform the development of specific water quality standards.
The EPA highlights that this rule aligns with the Biden-Harris Administration's commitment to Tribal rights and environmental justice. This rule will be implemented alongside the EPA's 2021 action plan, "Strengthening the Nation-to-Nation Relationship with Tribes to Secure a Sustainable Water Future."
The new Tribal Reserved Rights rule is welcomed by Tribal leaders, who see it as a victory in protecting their rights to clean water and resources crucial to their cultural practices and livelihoods.
