c.a
United States
Environmental Protection
Agency
Regions
Water Management
Division
EPA 908-K-93-001
February 1993
Water Management Solutions
A Guide for Indian Tribes
                        Four MHO Ruin. Arizona. Ancient Pueblo Group
                                                2 2
                           U.S. EPA Region 8 Library
                              Denver, Colorado

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February 1,1993
Dear Tribal Representative,

In developing this document. Water Management Solutions: A Guide for Indian
Tribes, we have attempted to provide information that will assist you in
protecting the water resources of your reservation. As EPA and the Indian
Tribes in Region 8 work side-by-side, we will continue to develop an
awareness of our importance to one another.

While EPA can provide the framework for regulatory compliance, program
development, and technical assistance, we understand and affirm that tribes
are stewards of their land, air, and water. Tribal governments provide a vital
role of educating EPA in traditional and valuable stewardship perspectives.
We appreciate your leadership in resource management

As we have worked with many tribes in protecting and enhancing water
quality, we have seen a commitment to building technical excellence within
your organizations. We hope to share in that continuing effort. We look
forward to working with you in the future, restoring and protecting the quality
of tribal waters.

Sincerely,


                 ~ */^
Max H. Dodson, Director
Water Management Division

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                                             U.S. EPA Region 8
                                             Technical Library, 80 C-L
                                             999 18th Street, Suite 300
                                             Denver, CO 80202-2466
Water Management Solutions
A Guide for Indian Tribes
                       Contents

                       Introduction
                           EPA Water Management Division	1
                           What EPA Has To Offer Tribes	3
                           Development of Tribal Water Management Programs	4
                           How To Use This Document  	5

                       Clean Water Act
                           Quality Assurance/Quality Control	9
                           Quality Assurance Project Plan	  10
                           Section 106—Water Pollution Control	  11
                           Section 303—Water Quality Standards Program	  13
                           Section 314—Clean Lakes Program	  16
                           Section 319—Nonpoint Source Pollution Control	  18
                           Section 401—Certification	  21
                           Section 402—National Pollutant Discharge Elimination System  22
                           Section 404—Wetlands Program	  26
                           Municipal Facilities	  29
                           Mining Waste	  34
                           Ground Water	  35

                       Safe Drinking Water Act
                           Drinking Water—Public Water System Supervision	  36
                           Underground Injection Control   	  39

                       Federal Insecticide, Fungicide, and Rodenticide Act
                           Pesticide Enforcement and Ground Water Protection	  41

                       Environmental Legislation
                           NEPA and  Environmental Assessment	  43

                       Pollution Prevention Act	  45
                           Pollution Prevention	  45

                       Resource Conservation and Recovery Act  	  47
                           Solid Waste Regulations	  47

                       Multi-media	  50
                           Multi-media Assistance Agreements  	  50
United States Environmental Protection Agency                                         Page i
Region 8 Water Management Division

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Water Management Solutions
                       Appendix A
                           Treatment as a State  	53
                       Appendix B
                           Water Management Division Video List	56
                       Glossary and Acronyms	57
                       EPA Contacts  	63
                       Tribal Council Contacts	66
                       Tribal Environmental Contacts	70
                       Federal Agency Contacts	72
                       State Agency Contacts  	74
                       Index	77
                       Figures and Tables
                           Figure 1: Map of Indian Reservations in Region 8	iii
                           Rgure2: Water Management Division	2
                           Table 1:  Tribes with Water Management Programs	8
                           Table 2:  Status of Tribal Applications for TAS .........  55
                       Water Management Solutions
                       A Guide tor Indian Tribes
                       Produced for the US. Environmental Protection Agency © 1993 by
                       TRIUS Corp., Littleton, Colorado.
                       Author Carol Martin
                       Project Officer: Chris Lehnertz
                       Compiled from:  Water Indian Network
 Page II                                                                February 2,1993

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                                                       Map of Indian Reservations in Region 8*
 Figure 1.
Map of Indian Reservations in Region 8*
                                                    River } South Dakota
                      *The Goshute and Navaho Reservations are also located partially
                      within Region 8, but are served by EPA Regions 9 and 6.
United States Environmental Protection Agency
Region S Water Management Division
Pagei

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Introduction
                        EPA Water Management Division

                        The Region 8 Water Management Division (WMD) and the EPA
                        Montana Operations Office implement the policies and programs of
                        the dean Water Act, Safe Drinking Water Act and other EPA water
                        quality protection programs. The area of concern includes Colorado,
                        Montana, North Dakota, South Dakota, Utah, Wyoming, and Indian
                        reservations within this geographical boundary.

                        EPA's role includes implementing environmental regulations,
                        awarding grants for programs, and providing technical assistance.
                        Recognizing that Congress only recently has passed legislation
                        allowing Indian tribes to participate in programs under the dean
                        Water Act and the Safe Drinking Water Act, the Water Management
                        Division has created a work group to provide assistance to tribes. The
                        Water Indian Network (WIN) has developed a unified approach for
                        addressing tribal water issues, including the coordination of funding,
                        training, enforcement, and compliance. Representatives from all of the
                        Water Management Division branches meet regularly to develop
                        policies and procedures that will better serve the tribes in Region 8.

                        The WMD works closely with the EPA Montana Operations Office,
                        which provides assistance and oversight to tribes in Montana.
                        Additionally, the WMD works with other EPA programs, such as solid
                        waste and pesticides, in areas where water quality may be affected by
                        pollutants.
United States Environmental Protection Agency
Region 8 Water Management Division
Page 1

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 Figure 2.
               Water Management
                          Division
                                           Nation! Pollutant
                                           Discharge Eilmloatloa
                                           CflfflBJianea Branch
                          Watar Qaaitty Branch
                            ClwLate
                            W*r Pollution Control
                            Nonpoirt Source Pollution
DnnklDfl Water Braaca
     IMnmndlnlBdMCanM
                                                Municipal FaeUKIw
                                                Branch
                                                  Compltanca
                                                 • Outrach
                                                  Construction
                                                  SWRnoMmFund
                        EnvtanmanUlirpact
                        Slatemnts
MlnlaaWastaBraaca
                           Sroond Water Branch
                            Ground Wstor Protection
                            VWI Head Protection
                                                      OfflMOf
                                                      Pallerl
Page 2
                                                 February 1, 1993

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                        What EPA Has To Offer Tribes
                        EPA began implementing an Indian Policy in 1984 and welcomes
                        cooperation among EPA, tribes and states. EPA recognizes tribes as
                        sovereign governments and works together with tribes and states to
                        protect the environmental quality of all lands, as required by Congress.
                        In carrying out this congressional mandate, EPA performs the
                        following functions: outreach, training, technical assistance,
                        environmental surveys, pilot programs, grants, and regulation
                        development. Funding for these programs may be provided through
                        the following regulations:
                           •  dean Air Act
                           •  dean Water Act
                           •  Safe Drinking Water Act
                           •  General Assistance Act (Multi-media)
                           •  Comprehensive Environmental Response, Compensation and
                              Liability Act (CERCLA or Superfund)
                           •  Emergency Planning and Community Right-To-Know Act
                           •  Resource Conservation and Recovery Act
                           •  Federal Insecticide, Fungicide and Rodenticide Act
                           •  Toxic Substances Control Act
                           •  Marine Protection, Research and Sanctuaries Act
                           •  Uranium Mill Tailing Radiation Control Act
                           •  Indoor Radon Abatement Act
                           •  Ocean Dumping Ban Act
                           •  Coastal Zone Management Act
                           •  Pollution Prevention Act
                        This document will focus on programs available through the WMD. It
                        also provides limited information regarding programs in other
                        divisions of EPA Region 8 that relate directly to water quality, such as
                        pesticides and solid wastes.
United States Environmental Protection Agency                                           Page 3
Region 8 Water Management Division

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Introduction
 Technical Assistance
                        Development of Tribal Water Management Programs

                        The WMD provides Indian tribes and states with technical assistance,
                        grant opportunities, and regulatory program assistance. EPA has
                        provided assistance and funds to states for over 20 years and is
                        working now to assist tribes in creating water management programs
                        and regulatory infrastructure. EPA hopes that, by providing these
                        services, it can help tribes address requirements of federal
                        environmental statutes.
EPA provides technical assistance to Indian tribes in all water
management areas. Not only as part of the federal trust responsibility,
but as a significant part of the EPA Indian Policy established in 1984,
technical assistance is provided in order to support tribal governments
in managing programs to protect human health and the environment
on Indian reservations. Please contact EPA at any time for assistance
related to water management or water pollution control. Refer to the
EPA Contacts section, p. 63, for phone numbers.
  Grant Opportunities
In order to assist tribes in developing programs that will protect water
resources on reservations, EPA makes grant money available through
several programs.  Funds are available for the development of safe
drinking water programs, wetlands protection, point and nonpoint
source pollution control, design and construction of waste water
treatment facilities, and other programs. Each available program is
explained in the following Program Description section. Please contact
the EPA staff listed under each section for more information.
  Regulatory Program
           Assistance
Because tribes must address requirements of federal environmental
statutes, EPA provides regulatory program assistance. For example,
tribes may take an active role in the enforcement of public drinking
water supply regulations, or development of water quality standards.
EPA will work directly with tribes in developing the programs that
enable reservations to fulfill regulatory requirements.

As a general rule, EPA will authorize a tribal or state government to
manage reservation programs only where mat government can
demonstrate adequate jurisdiction over pollution sources throughout
the reservation. Based on the principles of the administration of
environmental programs on Indian reservations, EPA will view
reservations as single administrative units for regulatory purposes.
Where a tribe cannot demonstrate jurisdiction over one or more
reservation sources, EPA may retain primary enforcement
responsibility or primacy for those sources.
Page 4
                                                 February 1,1993

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                                                                              Introduction
                       How To Use This Document

                       This document has been created for use by tribal personnel as a
                       convenient reference to EPA water quality programs. The sections are
                       cross-referenced and indexed. Scan the Program Description section to
                       determine what EPA water quality programs are available and which
                       programs may apply to you. EPA acronyms and terms are defined in
                       the Glossary section. Each program has specific requirements and/or
                       application guidelines. Check each program description for details.
                       The programs illustrated in this document follow, in order, these
                       regulations:
                       Clean Water Act (CWA)

      Major Objective  To restore and maintain the chemical, physical and biological integrity
                       of the nation's waters, primarily through eliminating or controlling the
                       discharge of pollutants into surface waters.

                       EPA Programs Available to Tribes

     Section 104
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                       Safe Drinking Water Act (SOWA)

      Major Objective   To assure the drinking water supply of the nation is safe for human
                       consumption, by regulating both public water supply systems and
                       ground water supplies.

                       EPA Programs Available to Tribes

      Section 1443(8)   Drinking Water Programs—Public Water Supply Supervision (PWSS)
                       Program Development and Implementation

      Section 1443(b)   Underground Injection Control Program Development and
                       Implementation

    Section 1442(b)(3)   Special Projects
                       Federal Insecticide, Fungicide, and Rodentteide Act (FIFRA)

      Major Objective   To regulate the sale and use of pesticides to ensure the least risk
                       possible to human health and the environment

                       EPA Programs Available to Tribes

      Section 23(a)(1)   Pesticide Enforcement Program including pesticides in ground water

           Section 20   Special projects
                       Resource Conservation and Recovery Act (RCRA)

      Major Objective   To protect human health and the environment from pollution resulting
                       from the disposal of solid and hazardous waste and the leaking of
                       underground storage tanks.

                       EPA Programs Available to Tribes

            Subtitle D   Solid, non-hazardous waste management training.
         Requirement   New landfill operating requirements are to be implemented by tribes
                       and states by October, 1993.
Page 6                                                                 February 1,1993

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                                                                              Introduction
       Major Objective
General Assistance Act (Multi-media)

To assist Indian tribes with the development of environmental
management programs that are tailored to individual-tribal needs. The
grants are intended to help tribes develop environmental programs by
offering an integrated and streamlined means of receiving federal
assistance.
   Public Law 102-139   Program grants.
                        Pollution Prevention Act

       Major Objective   To reduce or eliminate the generation of any hazardous substance,
                        pollutant or contaminant. The approach to pollution prevention is
                        multimedia, to avoid transferring a pollutant from one medium to
                        another.
       Demonstration   To promote development of pollution prevention programs.
              Projects
United States Environmental Protection Agency
Region 8 Water Management Division
                                                         Page?

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tntoductton
Table 1.
Tribal Water Management Programs
as of December 1992
A = active program
N = nonpoint source
W = wetland
P = NPDES
Blackfeet Tribe
Cheyenne River Sioux Tribe
Chippewa Cree Tribe
Confederated Salish & Kootenai Tribes
Crow Tribe
Crow Creek Sioux Tribe
Devils Lake Sioux Tribe
Flandreau Santee Sioux Tribe
Fort Belknap Indian Community
Fort Peck Tribes
Lower Brule Sioux Tribe
Northern Cheyenne Tribe
Northern Ute Tribe
Oglala Sioux Tribe
Paiute Bands
Rosebud Sioux Tribe
Sisseton-Wahpeton Sioux
Skull Valley Tribe
Southern Ute Indian Tribe
Standing Rock Sioux Tribe
Three Affiliated Tribes
Turtle Mountain Tribe
Ute Mountain Ute Tribe
Wind River— Arapaho and Shoshone
Yankton Sioux Tribe
~
§
A
A

A




A
A

A

A

A


A
A
A
A
A
A

Section
104(b)(3)



W/P





N/W










N


P

CWA
•«i<
rt
-o
A

















A


A

A

ON .
«
C

























i!



A





















Section 1443(a)
to \
n 1



















A





IWA
§
1









A















Pages
February 1,1993

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                                                                           Clean Water Act
Clean Water Act
                        The objective of the dean Water Act (CWA) is to restore and maintain
                        die chemical, physical and biological integrity of the nation's waters.
                        Among the goals of the CWA are regulation of the discharge of toxic
                        pollutants and the treatment of waste water; protection of fish,
                        shellfish and wildlife to provide for safe recreation in and on the water;
                        and control nonpoint sources of pollution. In order to achieve the goals
                        of the Act, EPA has developed programs and regulations that apply to
                        Indian tribes and states.

                        The dean Water Act is composed of numerous sections, each of which
                        delineates requirements and opportunities for specific water quality
                        protection programs. The Program Description portion of this
                        document provides information on the Clean Water Act sections that
                        apply to tribal water quality management Some regulations
                        pertaining to protection of water quality in Indian country are still
                        awaiting approval. Tribes will be notified as regulations are completed.
                        Quality Assurance/Quality Control

                        For EPA programs that require the collection of environmentally
                        related data (ie. monitoring), a quality assurance program must be
                        developed/Quality assurance requirements are included because EPA
                        is strongly committed to good science and quality assurance practices.
                        The purpose is to assure that all environmental data collected within
                        Region 8 is scientifically valid, is of known and suitable quality, is
                        collected with the best cost-effective available technology, and is
                        legally defensible.

                        In order to meet the criteria for quality assurance, a tribe must develop
                        a Quality Assurance Project Plan (QAPP), which describes the tribal
                        quality assurance program. The QAPP will address, at a minimum, 14
                        elements that EPA Region 8 has identified as necessary for tribal data
                        collection programs. The QAPP must be approved by EPA before any
                        monitoring can be performed under an EPA project or grant.

                        A brief description of the elements that must be addressed by a tribe
                        follows.
United States Environmental Protection Agency
Region 8 Water Management Division
Page 9

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Own Water Act
                        Quality Assurance Project Plan
                        The 14 elements that must be addressed in a tribal QAPP are:
                        1.  Title and Approval Sheet
                        2.  Table of Contents
                        3.  Project/Task Organization
                        4.  Problem Definition Background
                        5.  Project/Task Description
                        6.  Data Quality Objectives for Measurement
                        7.  Sampling Process Design
                        8.  Sampling Methods Requirement
                        9.  Sample Handling and Custody
                        10. Analytical Methods
                        11. Quality Control Requirements
                        12. Data Review, Validation, and Verification Requirements
                        13. Validation and Verification Methods
                        14. Reconciliation with Data Quality Objectives
                        For more detailed descriptions of these elements, see EPA Requirements
                        for Quality Assurance Project Plans for Environmental Data Operations
                        EPA QA/R-5, and Quality Assurance for Water Quality in Indian County
                        EPA, 1993.
                        For more information about a tribal QAPP, contact Christine Lehnertz,
                        303 293-1656.
 Page 10
February 1,1993

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                                                                           Clean Water Act
                        Section 106—Water Pollution Control
           Description
Section 106 of the dean Water Act provides financial assistance for the
prevention, reduction, and elimination of water pollution. The Section
106 grant can be used as a cornerstone for creating water quality
programs. The list of examples below illustrates how a 106 grant can
help a tribe establish a base program. The 106 program can fund a
wide range of projects for the protection of water quality. For instance,
development of a tribal water quality program, ground water
protection, wetlands protection, development of water quality
standards, or abatement of nonpoint source water pollution. Section
106 funds may not be used to construct water treatment facilities or to
monitor the quality of water used solely for drinking.
 Examples Of Projects   Blackfeet Tribe evaluated previous work from an EPA funded 208
      Funded With 106   Water Quality Management Plan in order to develop and refine Best
               Monies   Management Practices (BMPs).

                        Confederated Salish and Kcotenai Tribes developed and implemented
                        a water quality management ordinance and developed water quality
                        standards.

                        Fort Peck Tribes reviewed a stream classification system, compiled and
                        evaluated existing data, developed a data processing system, and
                        conducted Rapid Bioassesment of streams.

                        Southern Ute Indian Tribe evaluated pesticide contamination of
                        surface water, conducted a detailed ammonia study, established
                        baseline water quality data, and inventoried areas which contain
                        selenium.

                        Turtle Mountain Tribe developed an environmental information
                        system and conducted a ground water inventory.

                        Ute Mountain Ute Tribe developed a water quality classification and
                        assessed management options.

                        Shoshone and Arapaho Tribes worked with the U.S. Fish and Wildlife
                        Service to perform an extensive assessment of effects of siltation on the
                        Big Wind River.
     Funding Formula
Up to three percent of the national section 106 allocation of funds is set
aside for Indian tribes.
      Matching Funds   No level of effort established.
United States Environmental Protection Agency
Region 8 Water Management Division
                                                        Page 11

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Ctoan Water Act
                        Section 106— Water Pollution Control (cont.)

        Project Period  April 1 - March 31

  Application Deadline  February previous to project period

           Award Date  March

        Requirements  1.  Treatment as a State designation under Section 106
                        2.  Ability to abate pollution on an emergency basis.
                        3.  EPA-approved workplan
                        4.  EPA-approved Quality Assurance Project Plan.

     Funding Approval  Region 8, Denver, Colorado

 Technical Assistance  Workshops and training to develop water quality management
                            programs.
                        Assistance in developing workplans.
                        Annual water quality training and coordinator meeting.
       EPA Regulation  dean Water Act, Section 106
                        Tide 54 of the Code of Federal Regulations
 Resource Documents  Clean Water Act Grants for Indian Tribes Section 106 Guidelines
                        Indian Tribes: Water Quality Planning & Management, Federal Register,
                        Vol. 54, No. 68, April 11, 1989.
             Contacts  Christine Lehnertz, Tribal Water Quality Coordinator, 303 293-1656
                        Lee Roberts, Montana EPA, 406 449-5614
1   The tribe must have the authority to restrain the discharge of pollutants presenting imminent and
    substantial endangerment to the health or welfare of persons. A tribe must have adequate contingency
    plans to implement such authority (See Clean Water Act, Section 504).
Page 12                                                                  February 1,1993

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                                                                            Clean Water Act
                        Section 303—Water Quality Standards Program
          Description
Section 303(c) of the dean Water Act (33 U.S.C. 1313 (c)) requires
Indian tribes that qualify to be treated as states and states to develop,
review, and revise water quality standards for all surface waters
within their jurisdictional boundaries that meet EPA's regulatory
definition of "waters of the United States." EPA's implementing
regulation (40 CFR part 131) requires that such water quality standards
include designated water uses, in-stream criteria sufficient to protect
such uses, and an antidegradation policy. EPA's role in the water
quality standards program is to set priorities; provide guidance,
training, and technical assistance; and review and approve or
disapprove the water quality standards adopted by tribes and states.

Tribes may participate in the water quality standards program
following EPA approval of a tribe's application for treatment as a state
under Section 303 . Unlike some other dean Water Act programs,
there are no additional pre-requisites that must be satisfied, yet neither
are funds available under this program to assist tribes or states. Tribes
may use Section 106 grants (see p. 11) for funding the development
and implementation of standards.

The adoption of administering a water quality standards program is a
long-term commitment. Because the dean Water Act requires that
water quality standards be reviewed and revised, as necessary, but at
least once every three years, adoption of water quality standards is an
ongoing process that must periodically incorporate the latest scientific
information (e.g., on pollutant fate and effects).  In many ways  the
water quality standards program is evolving to meet new challenges.
For example, in the case of biological criteria, sediment criteria, and
ecological criteria, development of standards-setting methodologies
has only just begun. In this respect the  water quality standards
program has great potential  to play a pivotal role in improving the
level of protection afforded to surface waters.
              Options   Tribes that qualify to be treated as states for purposes of implementing
                        water quality standards may select one of the following three options
                        for adopting standards:

                        Option 1: negotiate a cooperative agreement with an adjacent state
                                  to apply the state standards to the reservation;

                        Option 2: adopt the standards of an adjacent state as the tribe's own,
                                  with or without modification; or

                        Option 3: independently develop and adopt tribal water quality
                                  standards.
United States Environmental Protection Agency
Region 8 Water Management Division
                                                          Page 13

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                        Section 303—Water Quality Standards Program (corrt.)
        Requirements
Indian tribes and states face a variety of water quality standards
program requirements from dean Water Act Section 303 and EPA's
implementing regulation. It is beyond the scope of this document to
address all such requirements. However, a summary of some of the
most significant requirements is presented below. For more detailed
information, refer to the list of EPA guidance documents and other
references presented below or contact the EPA staff member listed.

Designated Uses
Water quality standards must include specific designated uses for each
surface waterbody segment Examples of designated uses include
public water supply, propagation of fish and wildlife, recreation,
agriculture, or navigation.

Narrative Criteria
Standards must include narrative criteria that apply to all surface
waters, regardless of which uses are designated. These criteria specify
that at all times surface waters shall be free from substances that settle
to form objectionable deposits; float as debris, scum, oil, or other
matter; produce objectionable color, odor, taste, or turbidity; are
acutely toxic; or which produce undesirable or nuisance  aquatic life.

Numeric Criteria
Standards must include chemical-specific numeric criteria to define the
level of water quality necessary, to maintain and protect designated
uses. EPA issues numeric criteria recommendations pursuant to dean
Water Act Section 304(a), tribes may use these recommended criteria to
satisfy this program requirement

Antidegradation Policy
Standards must include an antidegradation policy and identify the
procedures that will be followed in implementing such a policy. An
antidegradation policy maintains and protects existing waterbody
uses, existing water quality where such quality exceeds levels
necessary to support fishable/swimmable uses, and Outstanding
National Resource Waters.
Technical Assistance
EPA provides ongoing technical assistance and guidance to tribes and
states throughout each (triennial) standards development process. This
assistance may consist of written correspondence, discussions either in
person or over the telephone, and/or participation in public hearings
or other meetings. Formal EPA technical guidance documents and
program policies are issued periodically by EPA Headquarters and by
EPA Region 8.
Page 14
                                                 February 1,1993

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                                                                           Clean Water Act
                        Section 303—Water Quality Standards Program (corrt.)
         Training and   The water quality standards program holds periodic meetings and
          Workshops   workshops on a regional and national level to disseminate information
                        about water quality standards program activities and requirements.
                        The program also recently created the Water Quality Standards
                        Academy, an intensive training course for those who need to become
                        familiar with EPA's water quality standards requirements and
                        guidance. The Standards arid Applied Sciences Division at EPA
                        Headquarters also publishes a quarterly newsletter, Water Quality
                        Criteria and Standards, that provides information about such meetings
                        and training opportunities.
             Approval   Region 8, Denver, Colo.
      EPA Regulation   dean Water Act,
                        Tide 40, Part 131 of the Code of Federal Regulations
 Resource Documents   Water Quality Standards Regulation. 40 CFR Part 131.48 Federal
                        Register 51400, November 8,1983.

                        Amendments to the Water Quality Standards Regulation that pertain to
                        Standards, jn Indian Reservations; Proposed Rule. 54 FR 39098,
                        September 22,1989.                     ;
                        Amendments to the Water Quality Standards Regulation that pertain to
                        Standards on Indian Reservations; Final Rule. 56 FR 64876, December 12,
                        1991.

                        Water Quality Standards Handbook, US. Environmental Protection
                        Agency, 1983.
                        Reference Guide to Water Quality Standards for Indian Tribes, U.S.
                        Environmental Protection Agency, January 1990.
                        Introduction to Water Quality Standards, U.S. Environmental Protection
                        Agency, September 1988.

                        EPA Region 8 Guidance: Water Quality Standards for Indian Tribes, U.S.
                        Environmental Protection Agency, Region 8. January 1993.
                        Quality Criteria for Water (Gold Book), U5. Environmental Protection
                        Agency, 1986,
             Contacts   David Moon, Water Quality Standards for Southern Ute, Ute
                        Mountain Ute, Northern Ute, Paiute, Skull Valley, Northwest
                        Shoshoni, Turtle Mountain, Devils Lake, Fort Berthold, and Standing
                        Rock, 303 293-1561

                        Robert Erickson, Water Quality Standards for Wind River, Blackfeet,
                        Flathead, Rocky Boys, Ft. Belknap, Ft. Peck, Crow, Northern
                        Cheyenne, Cheyenne River, Lower Brule, Crow Creek, Yankton,
                        Rosebud, Pine Ridge, Sisseton, and Flandreau, 303 293-1566
United States Environmental Protection Agency
Region 8 Water Management Division
Page 15

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dean Water Act
           Description
                        Section 314—Clean Lakes Program
The dean Lakes Program offers financial assistance to tribes and states
through four funding stages called cooperative agreements. These
stages are: 1) Lake Water Quality Assessment, 2) Phase I
Diagnostic/Feasibility Study, 3) Phase n Implementation, and 4) Phase
m Post-implementation Monitoring. Because of the technical nature of
the dean Lakes Program, a tribe should have a functioning water
quality program in place before applying for the 314 program.
 Examples Of Projects   Using a Lake Water Quality Assessment grant, the Wind River
      Funded With 314   Environmental Quality Commission examined several lakes in the
               Grants   Wind River Mountain range. Lake water quality was assessed for
                        nutrient enrichment and possible effects from acid precipitation.

                        Under a Lake Water Quality Assessment grant, the Blackfeet Tribe is
                        examining several lakes located on the reservation. The results of the
                        assessment will be compared with previous studies to determine if
                        changes in water quality have occurred in recent years.

                        The Turtle Mountain Tribe is assessing water quality in four lakes on
                        its reservation. Results from the investigation will lead to a better
                        understanding of how these lakes function and aid in determining a
                        strategy to rectify any water quality problems.

                        The Southern Ute Indian Tribe is assessing the water quality in Lake
                        Capote through funding from a Lake Water Quality Assessment grant.
                        Both the lake and watershed are being examined.
      Matching Funds   50 percent match on Lake Water Quality Assessment

                        30 percent match on Phase I, Diagnostic/Feasibility Study

                        50 percent match on Phase II, Implementation

                        30 percent match on Phase in, Post-implementation Monitoring

                        In-kind match is acceptable and tribal match could be lowered to 10
                           percent with demonstration of need.


        Project Period   Two-year grant for each of the four funding phases (above)


  Application Deadline   October 1


           Award Date   Within 60 days of application
Page 16
                                                 February 1, 1993

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                                                                            Clean Water Act
                        Section 314—Clean Lakes Program (corrt.)


        Requirements  1.   Treatment as a State designation under Section 314.
                        2.   Tribal match contribution.
                        3.   EPA-approved workplan.
                        4.   EPA-approved Quality Assurance Project Plan. (See p. 10.)


    Funding Approve I  Region 8, Denver, Colorado


 Technical Assistance  Available on request.
      EPA Regulation   dean Water Act
                        Tide 40; Part 314 of the Code of Federal Regulations
 Resource Documents   Monitoring lake and Reservoir Restoration EPA 440/4-90-007

                        The Lake and Reservoir Restoration Guidance Manual EPA 440/4-90-006

                        Clean Lu' 
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Ctoan Water Act
                        Section 319 Nonpoint Source Pollution Control
           Description
Nonpoint sources of water pollution are multiple, diffuse sources of
pollution. For example, rainwater washing over farmlands and
carrying top soil and chemical residues into nearby streams is a major
nonpoint source of water pollution. Primary nonpoint sources of
pollution include runoff from farming, feedlots, mining, and forestry.

The major pollutant from nonpoint sources by volume is sediment
Runoff also may carry oil and gasoline, agricultural chemicals,
nutrients, heavy metals, and toxic substances, as well as bacteria,
viruses and oxygen-demanding compounds. Nonpoint sources now
comprise the largest source of water pollution in the U.S., contributing
65 percent2 of the contamination in impaired rivers, 76 percent in
impaired lakes and 45 percent in impaired estuaries.

Grants are available under Section 319(h) for abatement projects.
Abatement projects include developing and implementing Best
Management Practices (BMPs) for controlling nonpoint sources of
pollution. This might include developing project workplans or BMPs
for grazing or timber harvest EPA, tribes, and states work closely with
the Soil Conservation Service in identifying BMPs.
 Examples Of Projects   To date, no tribal projects from Region 8 have been funded from the
      Funded WKh 319   national tribal set-aside under Section 319.
               Grants

     Funding Formula   Up to one-third of one percent of the national section 319 allocation of
                        funds is set aside for Indian tribes. Tribes may be able to negotiate with
                        the state Nonpoint Source Program to submit local projects in the state
                        competitive pooL Contact the state Nonpoint Source Program director.
      Matching Funds   40 percent tribal match; in-kind match is acceptable. Match could be
                        lowered to 10 percent with demonstration of need.
        Project Period   Up to four years
  Application Deadline  December
           Award Date  April
 2   Environmental Progress and Challenges: EPA's Update. August 1988. EPA-230-07-88-033.
 Page 18
                                                 February 1,1993

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                                                                          Clean Water Act
                        Section 319 Nonpoirrt Source Pollution Control (cont.)


        Requirements   1.  Treatment as a State designation under Section 319.
                        2.  EPA-approved nonpoint source assessment

                        3.  EPA-approved nonpoint source management plan.
                        4.  EPA-approved project implementation plan and workplan.
                        5.  Tribal match contribution.

                        6.  EPA-approved Quality Assurance Project Plan. (Seep. 10.)


    Funding Approval   EPA Headquarters, Washington, D.C. for set-aside funds.

                        Region 8, Denver Colorado for state competitive pool.


 Technical Assistance   Available upon request


      EPA Regulation   dean Water Act
                        Tide 40, Part 319 of the Code of Federal Regulations
 Resource Documents  Indian Tribes: Water Quality Planning & Management, Federal Register,
                       Vol. 54, No. 68, April 11,1989.

                       Guidance on the Award and Management of Nonpoint Source Program
                       Implementation Grants under Section 319(h) of the Clean Water Act.
                       January, 1991.
             Contacts   Carol Russell, Nonpoint Source Coordinator, 303 293-1449

                        Christine Lehnertz, Tribal Water Quality Coordinator, 303 293-1656
United States Environmental Protection Agency                            .              Page 19
Region 8 Water Management Division

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Ctoan Waftr Act
                        Funding for Special Nonpoint Source Pollution Projects


           Description   Depending on environmental needs and budget availability, EPA has
                        the means to fund special nonpoint source projects with Section
                        104(bX3) grants. For instance, in March, 1992 EPA set aside $500,000
                        nationally to fund tribal projects related to nonpoint source pollution
                        control. The objective of this program was to advance tribal knowledge
                        and ability to control nonpoint pollution by providing funds for the
                        development of management plans and assessments.


  Examples Of Projects   The Fort Peck Tribes are completing treatment as a State
          Funded With   documentation and are developing an assessment and a management
      104(b)(3) Grants   plan with assistance from the Soil Conservation Service. The Tribes are
                        also cooperating in a demonstration abatement project for cattle
                        grazing BMPs.

                        The Three Affiliated Tribes are developing an assessment and a
                        management plan, as well as planning for aquifer protection.


     Funding Formula   Funds may be available via nationwide tribal competition.


      Matching Funds   Percentage of match varies based on demonstration of need.


        Project Period   Usually one year


  Application Deadline   Variable


          Award Date   Variable


             Contacts   Carol Russell, Nonpoint Source Coordinator, 303 293-1449

                        Christine Lehnertz, Tribal Water Quality, 303 293-1656
Page 20  .                                                                February 1,1993

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                                                                            Clean Water Act
                        Section 401—Certification
           Description
Section 401 of the dean Water Act provides that tribes or states may
grant or deny "certification" for federally permitted or licensed
activities that may result in a discharge to the waters of the United
States. The decision to grant or deny certification is based on whether
the proposed activity will comply with the requirements of certain
sections of the Clean Water Act enumerated in Section 401 (a)(l). These
sections include those requiring water quality standards and permits
for point source discharges. If a certification is denied by an approved
tribe, the federal permitting or licensing agency is prohibited from
issuing a permit or license. Certifications are subject to objection from a
downstream jurisdiction where the downstream jurisdiction believes
that the proposed activity would violate its water quality
requirements. Certifications are normally issued by the jurisdiction in
which the discharge originates, but may be issued by EPA.
 Treatment As a State
The revisions to the water quality standards regulation recently
published by EPA provide Indian tribes with an opportunity to be
treated as states for purposes of dean Water Act Section 401.
Specifically, Section 131.4(c) of the water quality standards regulation
now provides that:

    Where EPA determines that a tribe qualifies for treatment as a
   state for purposes of.water quality standards, the tribe likewise
   qualifies for treatment as a state for purposes of certifications
   conducted under Clean Water Act Section 401.

For purposes of water quality standards, tribal authority to issue dean
Water Act Section 401 certifications will be granted/allowed
concurrent with EPA approval of the treatment as a state (TAS)
application. Because of this, Indian tribes are encouraged to become
hilly acquainted with the water quality certification process prior to
submitting TAS applications.
              Contact  Thomas Johnson, Permits, 303 293-1260
United States Environmental Protection Agency
Region 8 Water Management Division
                                                          Page 21

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Clean Wafer Act
           Description
Section 402—National Pollutant Discharge Elimination System

Point sources of pollution are discharges of waste water into the
waters of the United States through a discrete conveyance, such as a
pipe, or a system of conveyances. Under the dean Water Act, point
source discharges are permitted by EPA or a state under the National
Pollutant Discharge Elimination System (NPDES). The regulation to
authorize tribes to issue permits is pending, and should be approved
in 1993. NPDES permits must be renewed at least once every five
yean. An NPDES permit contains effluent limitations and monitoring
and reporting requirements. Effluent limitations are restrictions on the
amount of specific pollutants that a facility can discharge into a stream,
river, or harbor. Monitoring results are regularly reported to EPA or
authorities with a delegated program.

EPA has developed uniform effluent limitations for industrial
categories of point sources such as steel mills, textile mills and
pesticide manufacturers. Guidance materials for about 28 industrial
categories based on the Best Available Technology Economically
Achievable (BATEA) and Best Conventional Technology (BCD
guidelines for pollution control are available from EPA Enforcement
Section (see below). (Sewage treatment plants operate under
technology-based effluent limitations.) Other effluent limits, referred
to as water quality-based  limits, are derived from stream standards set
to protect the cases where effluent limits will be more stringent than
technology-based limits. Guidance documents on water quality-based
limits are availat ; upon request.

The Region 8 office hopes to increase education and self-monitoring of
discharge systems on tribal lands through a more informed method of
reporting.

Although Section 402 does not provide funding, Section 106 grants (see
p. 11) can be used to monitor, issue permits, and take enforcement
actions regarding waste water discharges into waters. Additional
grants are detailed under NPDES Special Projects on p. 24.
 Technical Assistance   Call for information. On-site inspection may be available upon request.
      EPA Regulation
dean Water Act
Title 40, Part 122-125 of the Code of Federal Regulations
See also the dean Water Act, Section 403 Pretreatment and 501 /503
Sludge Management.
Page 22
                                                 February 1, 1993

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                                                                            Clean Water Act
                        Section 402—NPDES (cont.)



 Resource Documents  A Primer on the Office of Water Enforcement and Permits and Its Programs

                        The Permit Writer's Guide to Water Quality-Based Permitting for Toxic
                        Pollutants

                        Technical Support Document for Water Quality-Based Toxics Control

                        NPDES Sdf-Mom'toring System, User Guide

                        NPDES Compliance Inspection Manual



             Contacts  Janet LaCombe, 303 293-1593 (overall program)

                        Donna Inman, 303 293-1836 (inspections)

                        Linda Jacobson, 303 293-1263 (enforcement)

                        Thomas Johnson, 303 293-1260 (permit writing)
United States Environmental Protection Agency
Region 8 Water Management Division
Page 23

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dun Wafer Aot
                        Funding for Special NPDES Projects

                        Section 104(b)(3)
           Description   Depending on environmental needs and budget availability, EPA can
                        fund NPDES special projects with Section 104(bX3) grants. In March
                        1992 EPA set aside $1 million to fund tribal projects related to point
                        source water pollution control The objective of mis program was to
                        advance tribal knowledge and ability to deal with point source
                        pollun'oruThese projects may include point source pollution or address
                        other related water management concerns.

                        Following are examples of projects that are eligible for this type of
                        set-aside grant funding:

                        1.  Training on how to establish water quality standards that would be
                           the basis for discharge permits under the National Pollutant
                           Discharge Elimination System (NPDES) program.

                        2.  Technical training on how to set discharge permit conditions, how to
                           perform compliance inspections (including sample collection and
                           analysis), and how to take enforcement action.
                        3.  Identification of stream segments and chemical parameters to put in
                           place after water quality standards are developed, but before a
                           tribal NPDES program is implemented.


 Examples Of Projects   The Wind River Environmental Quality Commission is identifying
         Funded With   point source discharges on the Wind River Reservation.
      104
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                                                                          Clean Water Act
                       Funding for Special NPDES Projects (corrt.)



    Funding Approval  EPA Headquarters, Washington, D.C



 Technical Assistance  Call 303 293-1593 for training schedule.



      EPA Regulation  dean Water Act, Section 104(b)(3)



             Contact  Janet LaCombe, 303 293-1593
United States Environmental Protection Agency                                          Page 25
Region 8 Water Management Division

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                        Section 404—Wetlands Program
           Description
The term "wetland" includes swamps, marshes, bogs and similar
areas. Wetlands are a particularly important and sensitive segment of
our waters, and therefore merit special attention. They provide critical
habitat for many important species of fish and wildlife. Peak flood
waters are absorbed by wetlands. Water quality is improved as a result
of a number of natural processes that remove pollutants from water
flowing through wetlands.

EPA and the US, Army Corps of Engineers jointly administer a permit
program regulating the discharge of dredged or fill material into
waters of the United States, including wetlands. As part of this
program, EPA's principal responsibility is to develop the substantive
environmental criteria by which permit applications are evaluated.
EPA also reviews the permit applications and can veto permits that
would result in significant environmental damage. Basically, Section
404 is a permit and enforcement program charged to protect and
enhance wetlands. EPA also can delegate permitting authority to
states. The regulation to authorize tribes to issue permits is pending
and should be approved in 1993.

As joint administrators of the program, the Corps and EPA share
responsibility for enforcement A Section 404 enforcement case
frequently begins when EPA receives information from a citizen or
local official regarding a potential violator. Violations also are
discovered by tribes, states, or others while in the field on routine
business. Anyone ;n violation of Section 404, either by conducting an
unauthorized activity or by violating permit conditions, is subject to
civil or criminal action or both.

Although Section 404 doesn't provide funding to tribes or states,
Section 106 grants (p. 11) could be used to assist a tribe in developing a
wetland protection program. Additional grants are detailed under
Wetlands Special Projects, on p. 27.
          Examples of
            Violations
Altering a stream channel by artificial means.

Filling or otherwise destroying areas classified as wetlands, and
removing or destroying a wetland through construction or
development.
 Technical Assistance
Because the Section 404 program is complex, and application of
regulations and policies to specific cases is often fact-specific, technical
assistance is available from the Region 8 office.
       EPA Regulation   Qean Water Act, Section 404; Tide 40, Part 404 of the CFR
              Contact   John Peters, 303 293-1579
Page 26
                                                  February 1,  1993

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                                                                          Clean Water Act
                        Funding for Special Wetlands Projects

                        Section 104(b)(3)
           Description
Depending on environmental needs and budget availability, EPA can
fund special wetland projects with Section 104(bX3) grants. In 1992,
EPA funded development by tribes and states of Comprehensive
Wetland Conservation Plans, watershed demonstration projects, a
study for 404 program assumption, development of water quality
standards for wetlands, and wetland inventories.

A national priority of EPA's is to help tribes and states develop
Comprehensive Wetland Conservation Plans. The goal of this initiative
is to improve the effectiveness and efficiency of wetland protection
programs.

Watershed Protection Approach Demonstration projects for wetlands
are also an EPA priority. These focus on wetlands but also take into
account the surrounding environment They consider such factors as
habitat protection, recreation, flood loss reduction, and water
conservation. Other projects that could be funded include developing
water quality standards for wetiands, monitoring, and multi-objective
river corridor management Development of water quality standards
for wetlands allows for designation of wetland uses and development
of narrative and/or numeric criteria. (See Water Quality Standards, p.
13.)
 Examples of Projects
         Funded With
      104(b)(3) Grants
The Confederated Salish and Kootenai tribes are undertaking a
wetland inventory on the Flathead Reservation using geographic
information systems technology.

Fort Peck Tribes are conducting a wetland inventory.
     Funding Formula
Regional funds are set aside based on a percentage of the national
allocation.
      Matching Funds   Percentage of match varies based on demonstration of need.
        Project Period   One to two years
  Application Deadline   December 15
          Award Date   Spring following application
United States Environmental Protection Agency
Region 8 Water Management Division
                                                        Page 27

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Ctott Water Act
                        Funding for Special Wetlands Projects (corrt.)


     Funding Approval   Region 8, Denver, Colorado


       EPA Regulation   dean Water Act, Section 104(b)(3)
 Resource Documents   Guidebook for Developing and Implementing State Wetland Conservation
                        Plan, the World Wildlife Fund /Conservation Foundation. Island Press,
                        800999-1780.

                        Wetlands and 401 Certification: Guidelines for States and Eligible Indian
                        Tribes, EPA. April 1989.
              Contact   John Peters, 303 293-1579

                        Lee Roberts, Montana EPA, 404 449-5614
Page 28                                                                  February 1,1993

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Cton Wafer Act
                       Municipal Facilities—Compliance (cont.)
        Environmental  Utah          PaulKrauth
     Training Centers                Dept. of Environmental Quality
               (cont.)                Division of Water Quality
                                     801 538-6146

                       Wyoming     William Mixer
                                     Casper College
                                     307268-2670
              Contact  Pauline Afshar, Small Community Coordinator, 303 294-1169
 Page 30                                                                February 1,1993

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                                                                         Clean Water Act
                       Municipal Facilities—Outreach
          Description  EPA helps small communities build and maintain self-sufficient waste
                       water facilities that meet clean water standards. The Small Community
                       Outreach and Education (SCORE) program is EPA's waste water
                       information and technical assistance program for small communities.
                       The SCORE program can provide small communities with workshops,
                       publications, videos, outreach demonstration products, information
                       networks, and technical assistance. The SCORE program may include
                       the development of training materials for tribal officials, tribal operator
                       training, and support for tribal communication activities designed to
                       promote community participation in pollution prevention, and
                       conservation of water and energy.
         Examples of  Rosebud Sioux Tribe, through a SCORE Incentive Grant, developed a
   Applicable Projects  training field manual on Onsite Sewage Disposal Systems (OSDS).
      SCORE Funding  National set-aside
             Formula

     SCORE Matching  50 percent match is required, in-kind match is acceptable.
               Funds

        Project Period  One year


 Application Deadline  February 15


          Award Date  May 15


            Contacts  Pauline Afshar, SCORE Coordinator, 303 294-1169

                       El wood Bell, OSDS Training Workshops, 303 294-1177
United States Environmental Protection Agency                                         Page 31
Region 8 Water Management Division

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Clean Water Act
                        Municipal Facilities—Construction
          Description   Through die dean Water Act Title II Construction Grant Program,
                        EPA makes funds available to tribes and states for the planning,
                        design, and construction of waste water treatment facilities. Funding
                        has dwindled, however, and there is speculation that these funds may
                        be reappropriated under a different structure. Until that time, when
                        planning a new system, tribes should contact the state first and men
                        EPA for funding. Planning grants may be available through states or
                        other agencies.
         State Funded   Construction Grant Program funds have been used by tribes for design
            Programs   and construction of waste water treatment facilities.
     Funding Formula   At times, there are national set-asides. Tribes compete for these funds.
                        There is also a national priority list based on need, rating waste water
                        projects.
      Matching Funds   Depending on the funds available, grants can be up to 75 percent with
                        a 25 percent match.
 Technical Assistance   EPA staff review facility plans, coordinate construction plans with
                       • other agencies (i.e. Army Corp of Engineers, Indian Health Service),
                        conduct inspections, and make recommendations on operations.
        Requirements   In order for a tribe to receive assistance, it must be able to enter into a
                        contract with a state. The state must be able to enforce the contract
                        through the state legal system. Some tribal corporations may be
                        eligible.
    Funding Approval   Region 8, Denver, Colorado
       EPA Regulation   dean Water Act, Title II
                        Title 35, Part 2000 of the Code of Federal Regulations,
 Resource Documents   Copies of model sewer use ordinances, generic facility plans, grant
                        application packages, design manuals and handbooks are available for
                        tribal use.
              Contact  Terry Griffith, Municipal Facilities Indian Coordinator, 303 294-1172
Page 32                                                                  February 1,  1993

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                                                                           Clean Water Act
                        Municipal Facilities—State Revolving Funds (SRF)
           Description  The purpose of the State Revolving Fund (SRF) is to help finance
                        construction of waste water treatment facilities or initiate nonpoint
                        source pollution control programs, through the dean Water Act Title
                        VI SRF program.
     Examples of SRF  EPA has funded construction of waste water treatment facilities,
                        interceptors, collection systems, sludge disposal facilities, and storm
                        sewers to municipalities, sanitary districts, counties and other legal
                        entities of local governments. Funds also have been used to
                        implement nonpoint source pollution control management programs
                        and construct projects such as sediment control structures or animal
                        waste systems.
              Funding   Loans can be made available to tribes through states if certain
                        requirements are met
        Requirements   In order for a tribe to receive a SRF loan, it must be able to enter into a
                        contract with a state. The state must be able to enforce the contract
                        through the state legal system. Some tribal corporations may be
                        eligible.
      EPA Regulation   dean Water Act, Title VI


              Contact   Jack Riecheky, SRF coordinator, 303 293-1551.
United States Environmental Protection Agency .                                          Page 33
Region 8 Water Management Division

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Own Wafer Act
                        Mining Waste
           Description
EPA's Region 8 Mining Waste Branch has developed an issue-oriented
program to deal with non-coal mining wastes. This program looks at
specific mine sites and examines how they affect the total environment
including aquatic organisms and wildlife, land, vegetation, water and
air. EPA staff members analyze how a mine site applies to tribal and
state EPA programs. Initially, the issue is identified and then the
applicable EPA program is applied. For example, if a mine impacts a
wetland, a wetlands grant may help fund initial prevention or
mitigation steps.

Non-coal mining sites include gold, silver, lead, zinc, copper, tin,
mercury, etc. mines. When conducting an environmental analysis of
tribal lands, the evaluation should consider the impact, if any, of
non-coal mining sites. The Mining Waste Branch can technically assist
tribal programs. Although funding is not directly available, Section 106
grants (see p. 11) can be used to assess the impact of mining
operations on water quality.
      Workshops and
             Training
Information and technical exchange on topics such as cyanide, metals,
and add generation and control.
 Technical Assistance   Mining waste program development.
     EPA Regulations   dean Water Act
                        Resource Conservation and Recovery Act
                        National Environmental Policy Act
                        CERCLA
                        Toxic Substances Control Act
              Contact   Rob Walline, Mine Waste Branch, 303 294-7093
 Page 34
                                                 February 1,  1993

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                                                                       Clean Water Act
                       Ground Water
          Description   The Ground Water Branch supports both the dean Water Act (CWA)
                       and the Safe Drinking Water Act (SWDA). It offers technical and
                       program assistance to tribes to aid in the development and
                       implementation of ground water protection programs.

                       The Ground Water Branch also administers the Well Head Protection
                       demonstration grant program. Abatement, compliance, and control
                       (AC&C) discretionary funds are available on an annual basis. These
                       funds can be used for specific ground water protection projects.
            Example   Oglala Sioux Tribe received a Well Head Protection Demonstration
                       grant.
     Funding Formula   Competitive basis nationally with tribes as well as states.
      Matching Funds  5 percent (includes in-kind service) for Well Head Protection
                      Demonstration grant.

                      No match for AC&C funds
       Project Period  Two years for Well Head Protection demonstration grant

                      Variable for AC&C projects


 Application Deadline  Variable


    Funding Approval  EPA Region 8, Denver, Colorado
 Technical Assistance   Ground water protection and management, basic hydrology, etc.
      and Workshops
                       4-5 day ground water science and well head protection workshop to be
                       held in Montana in 1993.
     EPA Regulations   dean Water Act
                       Safe Water Drinking Act
 Resource Documents   Numerous well head protection and technical ground water science
                       documents are available for tribal use.
             Contact   Mike Wireman, 303 294-1163
United States Environmental Protection Agency                                        Page 35
Region 8 Water Management Division

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Sate Drinking Water Act
Safe Drinking Water Act
                        Drinking Water—Public Water System Supervision
          Description
The Safe Drinking Water Act was passed to ensure that the drinking
water supplied by a tribe or state is safe. EPA helps accomplish this
goal by setting national drinking water standards, which must be met
by all water supplied to the public The Act was amended most
recently in 1986. The amendments require development of additional
drinking water standards.

The federal drinking water program was designed to be delegated,
which means that approved government agencies (usually tribes or
states) carry out the on-site program on a day-to-day basis. Section
1451 of the Safe Drinking Water Act delegates to a tribe primary
enforcement responsibility (primacy) for public water systems.
Primacy simply means that the tribe assumes the principal
enforcement responsibility of federal drinking water supply
regulations in areas within the tribe's jurisdiction. EPA provides
guidance, technical assistance, and some financing to primacy
agencies. For tribes and states that do not have primacy, EPA
implements the drinking water supply regulation.
          How a Tribe
      Attains Primacy
There are three steps to primacy. First, a tribe needs to achieve
"Treatment as a State" (TAS) designation. (See p. 53). Then the tribe
will spend up to three or four years developing its public water system
program. Hnally, a tribe will apply for primacy when its program is
developed. When a tribe demonstrates that it has the ability to protect
the public health by regulating public water supplies and/or ground
water, EPA may assign enforcement authority to that tribe. When this
occurs, the tribe is granted primacy.

Primacy brings regulatory control closer to home in the sense that a
tribe is closer than EPA to the systems being regulated. At the same
time, however, the tribe is still required to adopt and enforce tribal safe
drinking water regulations and codes that are at least as strict as EPA
regulations. The tribe's regulatory actions will still be closely
monitored by EPA via semiannual and annual program reviews.
             Example   Standing Rock Sioux Tribe is in the third year of a development grant
                        working to establish tribal primacy. Standing Rock was granted
                        Treatment as a State in March 1989. At the end of the three-year
                        development grant, a primacy application packet will be submitted for
                        review and comment If the
Page 36
                                                February 1,1993

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                                                                    Safe Drinking Water Act
                        Drinking Water —Public Water System Supervision (cont.)

                        primacy application is approved, Standing Rock Sioux could be
                        granted primacy for the drinking water program.
  Development Grants  If a tribe decides to seek primacy, financial assistance is available
                       through development grants. Development grant funds may be used
                       for expenses directly related to developing a primacy program. Grant
                       assistance programs are not available under this program to tribes that
                       do not intend to seek primacy.
     Primacy Process  1.  Treatment as a State (TAS) designation under Section 1451 of SOW A.

                       2.  Develop direct implementation public water supply and ground
                           water program (3-4 years).

                       3.  Application for primacy.

                       4.  Primacy or enforcement authority granted by EPA.

                       5.  Semiannual or annual program reviews.


      Matching Funds  25 percent match, in-kind match is acceptable.


        Project Period  Yearly


 Application Deadline  September 30


          Award Date  January


    Funding Scenario  Development grants are awarded after TAS is approved. These grants
                       are available for three years.


    Funding Approval  Region 8, Denver, Colorado
      EPA Regulation  Safe Drinking Water Act (SDWA)
                       Title 40, Part 141-148 of the Code of Federal Regulations
 Resource Documents  Drinking Water Primacy, a newsletter that answers questions about
                       primacy.

                       Indian Primacy Procedures Handbook, a handbook that will help
                       determine if primacy is in the best interest of the tribe.
United States Environmental Protection Agency                                         Page 37
Region 3 Water Management Division

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Sato Drinking Wa*r Act
                        Drinking Water--Public Water System Supervision (corrt.)
  EPA Implementation   For tribes not requesting primacy, EPA will continue to regulate public
                        water systems on reservations. To date, most tribes havederided not
                        to seek primacy, allowing drinking water systems to be regulated by
                        EPA. Through technical assistance and training, the Drinking Water
                        Branch is working with tribes to help build tribal capacity and
                        expertise.

                        Currently, EPA works closely with tribal water utilities and individual
                        water systems to ensure compliance with SDWA requirements. EPA
                        also coordinates with the Indian Health Services (MS) on plant
                        modifications and to provide training. EPA Region 8 has a full-time
                        contractor, a circuit rider, available to tribes for on-site, technical
                        assistance including certification training.
 Technical Assistance   Utility manager training (annually), operator training, regulatory
      and Workshops   workshops, site visits and tribal capacity development.

                        Drinking Water Hotline, 800 426-4791, for additional technical
                        assistance.
              Contact   Cindy Cody, Direct Implementation Coordinator, 303 293-1541.

                        Patricia Henry Denham, Primacy Coordinator, 303 293-1420.
Page 38
February 1, 1993

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                                                                     Sate Drinking Water Act
                        Underground Injection Control
          Description
The Safe Drinking Water Act (SDWA) requires that all placement of
fluids underground via wells is regulated in order to prevent
contamination of ground water. This program is known as the
Underground Injection Control Program, This federal program
established minimum requirements for construction, operation,
monitoring, and enforcement programs related to injection wells.

EPA has established five different classifications of injection wells to
define types of underground water contamination. Pass 1 wells are
used to inject industrial, municipal or hazardous wastes below the
lowest underground source of drinking water (USDW). Class II wells
are used to inject fluids associated with oil and natural gas production.
Class HI wells are used to inject fluids for extraction of minerals such
as salt or uranium. Class IV wells are used to inject hazardous or
radioactive wastes into or above a USDW, and are prohibited. Gass V
wells include all other well types including agricultural drainage wells,
septic systems, and waste water treatment facility effluent disposal
wells. Currently, only Class n and Class V wells are operating on tribal
lands.

Like the Public Water System Supervision program (p. 36), the UIC
program delegates primary regulatory authority (primacy) to tribes
and states that have demonstrated an ability to implement UIC
programs under Section 1422 or 1425 of the Safe Drinking Water Act.
Primacy simply means that the tribe assumes the principal
responsibility for implementing and enforcing underground injection
control regulations in areas within the tribe's jurisdiction. Tribes
without primacy are referred to as Direct Implementation tribes and
EPA is the responsible regulatory agency. To date, most tribes have
decided not to seek primacy. Therefore, EPA is responsible for
implementing and enforcing UIC regulations.
             Example   Fort Peck Tribes are working with EPA to gain primacy for
                        implementing and enforcing UIC regulations.
 Technical Assistance
      and Workshops
Guidance available as needed; workshops are scheduled based on
interest.
  Development Grants
If a tribe decides to seek primacy, financial assistance is available
through development grants. Development grant funds may be used
for expenses directly related to developing a primacy program. Grant
assistance programs are not available under this program to tribes that
do not intend to seek primacy.
United States Environmental Protection Agency
Region 8 Water Management Division
                                                         Page 39

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Safe DrtnWng Water Act
                        Underground Injection Control (cont.)
     Primacy Process   1.  Treatment as a State designation under Section 1451 of SWDA.

                        2.  Develop capacity to implement underground injection control
                           program (3-4 years).

                        3.  Application for primacy. Primacy or enforcement authority granted
                           by EPA.

                        4.  Semiannual or annual program reviews conducted by EPA.
      Matching Funds   25 percent match, in-kind match is acceptable; 10 percent match may
                        be allowed upon demonstration of need.
        Project Period   Development grants are funded based on a four-year plan


  Application Deadline   Variable


          Award Date   Variable


    Funding Approval   Region 8, Denver, Colorado
      EPA Regulation  Safe Drinking Water Act (SDWA)
                       Tide 40, Part 145 of the Code of Federal Regulations


 Resource Documents  Injection Wells, An Introduction To Their Use, Operation and EPA
                       Regulations

                       Program Overview: Underground Injection Control, Region VIII, (Second
                       Edition)

                       Final Guidance on Implementing the Indian Primacy Rule for the P WSS and
                       U1C Programs (explains the regulations pertaining to tribal assumption
                       of primacy).
              Contact   Barbara Conklin, Environmental Scientist, 303 293-1596
Page 40                                                                  February 1,1993

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                                                 Federal Insecticide, Fungicide, and Rodentidde Act
Federal Insecticide, Fungicide, and  Rodenticide Act
                       Pesticide Enforcement and Ground Water Protection
          Description
The Federal Insecticide, Fungjdde and Rodenticide Act (FIFRA) was
passed by Congress to regulate the registration, sale, handling, use,
storage and disposal of pesticides. Under this program, tribes can
receive EPA funds to set up and enforce a Tribal Pesticide Code. This
program is administered by the Air, Radiation, and Toxics Division of
EPA Region 8. Tribal Pesticide Codes already have been adopted on
four reservations in Region 8, with a fifth tribe currently writing a
code. Tribal programs conduct enforcement by hiring a Pesticide
Enforcement Officer. This officer, usually a member of the tribe,
receives training from EPA and other agencies.

Once a tribe has established a Pesticide Enforcement Program, they
may apply for additional funding to protect ground water on the
reservation from pesticide contamination. A Ground Water Protection
Program provides sufficient funds to the tribe to gather information on
pesticide use, ground water vulnerability and possible existing
pesticide contamination of ground water within the reservation. A
Pesticides in Ground Water Management Plan is then created. This
plan restricts or prohibits the use of certain pesticides in vulnerable
areas mat are known to, or have the potential to, contaminate ground
water.
             Example  Tribal pesticide programs currently receiving ground water protection
                       funding include those of the the Oglala Sioux, Cheyenne River Sioux
                       and Rosebud Sioux Tribes.
      Workshops and  EPA offers an annual Tribal Pesticides Program workshop that
             Training  explains how to apply for and begin a program, and how to improve
                       existing programs. There are also numerous state pesticide inspection
                       trainings offered throughout the year, in which tribes may participate.
     Funding Formula
15 percent tribal match for both the pesticide enforcement and ground
water protection programs.
        Project Period  October l to September 30.
  Application Deadline
No deadline for new programs; August 15 is the deadline for
continuing programs.
United States Environmental Protection Agency
Region 8 Water Management Division
                                                       Page 41

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Federal Insecticide, Fungicide, and Rodentidde Act
                        Pesticide Enforcement and Ground Water Protection (cont.)





       EPA Regulation  Federal Insecticide, Fungicide and Rodentidde Act





             Contacts  Dallas Miller, 303 293-1891



                        Ron Schiller, 303 293-1743

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                                                                   Environmental Legislation
Environmental Legislation
                        NEPA and Environmental Assessment
          Description
The National Environmental Policy Act (NEPA), which created EPA,
requires all federal agencies to incorporate environmental
consideration into agency planning and decision making. Specifically,
NEPA requires every federal agency to prepare detailed statements
assessing the environmental impacts of, and alternatives to proposed
major federal actions that may significantly affect the environment.
These statements are called Environmental Impact Statements (EISs)
and are also required for proposed projects that would be federally
funded. An EIS would describe the likely impacts of the proposed
project on floodplains, wetlands and endangered species in the project
area, for example. When questions arise during the EIS process, an
Environmental Assement (EA) is written to answer questions of
significant impact

It is EPA's responsibility to review the environmental impact
developing concise, well-reasoned decision documents which identify
project impacts, a range of project alternatives and mitigation
measures that will avoid or minimize adverse effects on the
environment The burden of proof is on the federal agency who will
oversee or regulate the proposed project

The Region 8 office provides technical assistance by reviewing the lead
agency's Environmental Impact Statement for tribes. Example of lead
agencies include: Army Corps of Engineers, Bureau of Reclamation or
Bureau of Indian Affairs.
      Examples of the   It is the exception for a tribe to have to do an EIS. The project would be
          EIS Process   one of major federal action. To illustrate this point, here are some
                        recent examples of tribal involvement in the NEPA process:

                        Rosebud Landfill EIS Process
                        In 1990, the Rosebud Sioux Tribe proposed to approve a very large
                        scale solid waste landfill. Based upon initial approval by the Rosebud
                        Sioux Tribal Council, the tribe entered into a cooperative agreement
                        with a South Dakota firm to prepare an EIS to analyze the proposed
                        construction of a 1500 acre landfill for interstate shipping of municipal
                        solid waste from US. east coast cities. The EIS process was begun by
                        the Bureau of Indian Affairs, but later the Tribal Council dropped the
                        project from further consideration.

                        Glen Canyon Dam  Reoperatlon EIS
                        The Bureau of Reclamation is preparing an EIS for the proposed
                        expansion of electrical generating capacity at Glen Canyon Dam,
United States Environmental Protection Agency
Region 8 Water Management Division
                                                        Page 43

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Environmental Legislation
                        Arizona. Four tribes—the Navajo, the Hopi, the Hualapai, and the
                        Havasupai—have received funding from the Bureau of Reclamation to
                        participate as cooperating agencies for this EIS process. This funding
                        enables the tribes to conduct wildlife habitat and cultural resource
                        studies to determine the environmental impact of the dam's proposed
                        change in operations.

                        Central Utah Completion Act, Ulrrtah Basin Project EIS
                        The Uintah and Ouray Tribal Council will participate as a cooperating
                        agency with the Central Utah Conservancy District for EIS preparation
                        for the newly authorized $970 million completion of the Central Utah
                        Project The Central Utah Completion Act (CUPCA) was signed by
                        President Bush in November, 1992. In addition, the Uintah and Ouray
                        Tribe, along with the BIA, may also prepare their own EIS for the
                        extension of the CUP project on the reservation including additional
                        fishery and recreation projects with the $120 million authorized for the
                        tribe in CUPCA.
              Contact   Wes Wilson, 303 293-1439

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                                                                     Poluflon Prevention Act
Pollution Prevention Act
                        Pollution Prevention
          Description
In accordance with national policy, Region 8 has established pollution
prevention as a major priority. This program is administered by the
Policy and Management Division of EPA Region 8. Its goal is to
advocate the integration of pollution prevention into and across all
regional programs. Prevention is key to avoiding the problems that all
EPA media programs face. Prevention is a fundamental philosophy
that needs to be incorporated as an integral component of
environmental protection. The concept can be incorporated
throughout all EPA programs. The approach to pollution prevention is
multi-media, to avoid transferring pollutants from one medium to
another.

Pollution prevention is defined in terms of source reduction, which
basically means reducing or eliminating the generation of any
hazardous substance, pollutant, or contaminant. The term refers to:
equipment or technology modifications, process or procedure
modifications, reformulation or redesign of products, substitution of
raw materials, and improvements in housekeeping, maintenance,
training, or inventory control. It also includes conservation techniques
and changes in management practices to prevent harm to sensitive
ecosystems.

Pollution prevention approaches can be applied to all
pollution-generating activities, including those found in energy,
agriculture, federal, consumer, and industrial sectors.
       Workshops and
              Training
Orientation training is being developed. Industry-specific guidelines
are available. Videos are available that address sustainable agriculture,
energy, and transportation. Training is offered by specific programs
such as Hazardous Waste, Solid Waste, and Municipal Facilities.,
National projects such as Greenlights and 33/50 are coordinated by the
Air Program, another EPA branch. An international clearinghouse and
database for pollution prevention are available to tribes at no charge.
               Grants  EPA funds a matching tribal/state grant to promote development of
                        pollution prevention programs, information exchange, technical
                        assistance and training. Demonstration projects are coordinated with
                        the media programs.
United States Environmental Protection Agency
Region 8 Water Management Division
                                                        Page 45

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Pollution Prevention Act
                        Pollution Prevention (cont.)





       EPA Regulation  The Pollution Prevention Act of 1990





              Contact  Sharon Quids, Program Analyst, Policy Office, 303 293-1471

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                                                        Resource Conservation and Recovery Act
Resource Conservation  and Recovery Act
                        Solid Waste Regulations
          Description
In September 1979, EPA issued criteria through the Resource
Conservation and Recovery Act (RCRA) providing general
environmental performance standards that apply to all solid waste
disposal facilities with certain limited exceptions. In the 1984
Hazardous and Solid Waste Amendments (HSWA), Congress
mandated revisions to these criteria.

In August 1988, EPA proposed revised criteria for new and existing
municipal solid waste landfills (including those that receive sewage
sludge and combustion ash). On October 9,1991, the criteria were
promulgated, and on October 9,1993, most of the regulations will
become effective. These programs are administered by the Hazardous
Waste Management Division of EPA Region 8.
             Locat Ion   The proposed regulations contained specific restrictions on locating
          Restrictions   landfills at, on, or near airports, flpodplains, wetlands, fault areas,
                        seismic impact zones, and unstable areas.
     Operating Criteria
Landfill operating requirements were proposed in each of the
following areas: procedures for excluding hazardous waste, daily
cover, disease vector control, explosion gauges, air criteria, access
control, run-on and run-off control, surface water requirements,
liquids management, and recordkeeping.
       Design Criteria
The proposed criteria established a risk-based performance standard
based on lifetime cancer risks. New units would be required to be
designed with liners, leachate collection systems, and final cover
systems as necessary to meet this standard, while existing units would
be required to use final covers. Retrofitting of existing units with liners
and leachate collection systems would not be required. The proposed
point of compliance would be at the waste management unit boundary
or an established alternative boundary.
         Ground Water
            Monitoring
The proposed municipal solid waste landfill regulations require
ground water monitoring to detect releases at landfills and determine
if corrective action is needed. New landfills would be required to
comply with the ground water monitoring regulations prior to
accepting wastes. Existing landfill units would need to follow an
established schedule or a federal fall-back schedule to achieve
compliance.
 United States Environmental Protection Agency
 Region 8 Water Management Division
                                                        Page 47

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Resource Conservation and Recovery Act
                        Solid Waste Regulations (cont.)

                        The proposed rule specifies that the ground water monitoring system
                        must be approved by the tribe, be installed at unit boundary or
                        alternative boundary, yield representative samples of the uppermost
                        aquifer, have well casing, and perform throughout the life of the
                        monitoring program.

                        The ground water monitoring program would be performed in two
                        phases under the proposed rule:

                        Phase I:   Detect changes in ground water chemistry (performed
                                 semiannually on a limited number of parameters); and

                        Phase II:  Identify hazardous constituents released and monitor
                                 hazardous constituents detected (tribe establishes monitoring
                                 frequency).
     Corrective Action   The proposed rule establishes specific corrective action plans,
             Program   including assessment of corrective measures, remedy selection, and
                        corrective action program implementation.

          Closure and   The proposed rule required that closure must occur in a manner that:
    Post-closure Care
                           •  minimizes post-closure release of leachate and explosive gases;

                           •  minimizes the need for further maintenance and

                           •  ensures protection of human health and the environment

                        The proposed requirements also include the following post-closure
                        care:

                           •  maintenance of the final cover and containment system;

                           •  leachate collection (when a leachate system exists);

                           •  ground water monitoring; and

                           •  gas monitoring.

                        Post-closure care must continue for a minimum of 30 years. Additional
                        time periods may be added by the tribe or state as necessary to protect
                        human health and the environment.
      Workshops and
             Training
RCRA Subtitle D compliance training and Solid Waste Association of
North America (SWAN A) Manager of Landfill Operations training
sessions are available.
Page 48
                                                 February 1, 1993

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                                                         Resource Conservation and Recovery Act
                        Solid Waste Regulations (cont.)
           Resources   Decision-Makers Guide to Solid Waste Management, EPA/530-SW-89-072.
       EPA Regulation   Resource Conservation and Recovery Act (RCRA)
                        Hazardous and Solid Waste Amendments (HSWA)
             Contacts   Gerald Allen, 303 293-1496

                        Brian Rimer, 303 293-1673
United States Environmental Protection Agency                                          Page 49
Region 8 Water Management Division

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Multt-media
Multi-media
                        Multi-media Assistance Agreements
          Description
EPA receives funding requests from tribes that want to establish
comprehensive environmental programs. Currently EPA deals with 11
environmental media including water quality, drinking water, air,
pesticides, and solid wastes. In an effort to develop tribal capability to
manage environmental programs, EPA initiated the multi-media grant
program in 1991. Multi-media assistance agreements are flexible in
helping tribes to build infrastructure that encompasses all areas of
environmental protection. Grants available under most other EPA
regulations are specific  to one medium (i.e., water). Multi-media grants
allow a tribe to address the priority areas of environmental concern on
a reservation without having to solicit funding under a specific
regulatory program.

Because multi-media program funding is quite limited, tribes have
used these grants to develop environmental program infrastructure,
and relied on CWA and SDWA program grants to address water
management issues directly.
          Examples of
           Multimedia

          Agreements
Currently, eight tribes in Region 3 have received multi-media grants
including:

Yankton Sioux Tribe developed a multi-media environmental program
established an environmental administrative commission to assess
environmental quality, developed standards and guidelines, drafted
codes to coordinate environmental programs with tribal elected
officials and staff, and provided public environmental education.

Cheyenne River Sioux Tribe developed a multi-media environmental
program to establish a data system, develop legal requirements and
tribal infrastructure for administration and management, and provide
public environmental education.
     Funding Formula
Regional funds are set aside based on a percentage of the national
allocation.
      Matching Funds   5 percent, match can be waived based on demonstration of need
Page 50
                                                 February 1,1993

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                                                                             Multi-media
                       Multimedia Assistance Agreements (corrt.)


        Project Period  Yearly grant


  Application Deadline  Variable


          Award Date  After workplan approval


    Funding Approval  Region 8, Denver, Colorado


 Technical Assistance  Grant administration, program development and media information.
      Workshops and  Comparative risk, multi-media grants administration
             Training

      EPA Regulation  Public Law 102-139
 Resource Documents  Environmental Progress and Challenges: EPA's Update

                       Securing Our Legacy: An EPA Progress Report 1989-1991



              Contact  Caren Rothstein, Indian Program Coordinator, 303 294-1114
United States Environmental Protection Agency                                          Page 51
Region 8 Water Management Division

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Appendix A
                        Treatment as a State

                        Treatment as a State is a prerequisite for many of the Water
                        Management Division programs mat are outlined in this document
                        This appendix will provide a brief explanation of Treatment as a State,
                        and the criteria that a tribe must meet to receive Treatment as a State.
                        For more detailed information, contact the project officers listed under
                        the appropriate program descriptions.

                        Section 518 of the Clean Water Act and Section 1451 of the Safe
                        Drinking Water Act authorize EPA to treat federally recognized Indian
                        tribes as states in certain cases. A tribe must apply separately for
                        Treatment as a State for each program. A tribe must demonstrate its
                        capability to carry out particular program responsibilities to be
                        accepted for TAS. Demonstrating such capability under one program
                        may not provide sufficient information to permit the Agency to assess
                        the Tribe's capability under some other program.

                        This means that a tribe  must apply for Treatment as a State for each
                        program within the dean Water Act (section 106,303,314,319, or 401)
                        and within the Safe Drinking Water Act (PWSS, UIC).  However, after
                        a tribe receives Treatment as  a State for one program, subsequent
                        applications will ordinarily need to provide only that information that
                        is unique to the specific additional program for which the tribe is
                        applying. This generally includes any changes in tribal jurisdiction or
                        technical/administrative capability.

                        A tribe must meet four eligibility criteria in order to be treated as a
                        state:

                        1.  The tribe is recognized by the Secretary of the Interior;

                            The tribe must submit a statement that it is included on the
                            Department of Interior list of federally recognized Tribes, or other
                            appropriate documentation of federal recognition.

                        2.  The Tribe has a governing body carrying out substantial
                            governmental duties and powers;

                            The Tribe must submit a statement describing the form of tribal
                            government, the types of essential governmental functions
                            currently performed, and the sources of authorities to perform
                            these functions (eg. tribal constitution, codes, etc.).

                        3.  The functions to be exercised by the tribe pertain to the management
                            and protection of water resources that are held by an Indian tribe;
                            held by the United States in trust for an Indian tribe; held by a
                            member of an Indian tribe, if such property interest is subject to a
                            trust restriction on alienation, or is otherwise within the border of
                            an Indian Reservation; and
United States Environmental Protection Agency
Region 8 Water Management Division
Page 53

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Appendix A
                           (Assertion of Authority) The tribe must submit a statement signed by
                           the tribal attorney general or equivalent official, explaining the
                           legal basis for the tribe's regulatory authority over its water
                           resources. The statement should include a map or description of
                           the area and copies of documents that support the tribal assertion.

                        4.  The tribe is reasonably expected to be capable of carrying out the
                           functions of the specific program.
                           The tribe must submit a statement that includes a description of its
                           previous general managerial experience; existing environmental or
                           public health programs administered by the tribe; existing or
                           proposed staff resources and continuity of staff; tribal accounting
                           and procurement systems; and mechanisms for carrying out the
                           executive, legislative, and judicial functions of the tribal
                           government. If lacking this experience, the tribe may show that it
                           has a viable plan to acquire the necessary technical and
                           administrative expertise.

                        Applications must address the four criteria and be submitted to the
                        regional administrator. Once EPA has received an application, the
                        agency will review it for completeness, notify the tribe of receipt and
                        any missing or incomplete items, and then provide 15-30 days for
                        appropriate governmental entities to comment on the tribe's assertion
                        of authority.  Once comments are received, EPA will make a
                        determination and promptly provide written notification to the tribe.
                 Note   EPA recently determined that changes are necessary to the overall
                        process through which tribes may qualify for various CWA, SDWA,
                        and dean Air Act programs. The Agency is currently reviewing the
                        existing process, the phrase "treatment as a state" will no longer be
                        used, and other more substantive changes will b made to the
                        qualification process. Tribes will be notified when changes have
                        been made to the regulations.
Page 54
February 1, 1993

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                                                                                     Appendix A
Table 2.
Status of Tribal Applications for TAS
as of December 1992
A = approved
P * application pending
Blackfeet Tribe
Cheyenne River Sioux Tribe
Chippewa Cree Tribe
Confederated Salish & Kootenai Tribes
Crow Tribe
Crow Creek Sioux Tribe
Devil's Lake Sioux Tribe
Flandreau Santee Sioux Tribe
Fort Belknap Indian Community
Fort Peck Tribes
Lower. Brule Sioux Tribe
Northern Cheyenne Tribe
Northern Ute Tribe
Oglala Sioux Tribe
Paiute Indian Tribe
Rosebud Sioux Tribe
Sisseton-Wahpeton Sioux
SkuU Valley Tribe
Southern Ute Tribe
Standing Rock Sioux Tribe
Three Affiliated Tribes
Turtle Mountain Tribe
Ute Mountain Ute Tribe
Wind River — Arapaho and Shoshone
Yankton Sioux Tribe
s
§
A
A

A




A
A

A

A

A


A
A
A
A
A
A
P
I



P





















Section 314 Q
A

















A


A
P
A

Section 319















fc









Section 401



P





















Section 1443(a)
w
n








A










A





WA
c









A















United States Environmental Protection Agency
Region 8 Water Management Division
Page 55

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Append UB
Appendix B
                          Water Management Division Video List

                          The following videos are recommended to tribes that wish to increase
                          their knowledge of and familiarity with water management terms and
                          procedures.

                          America's Wetlands

                          Antidegradation Policy: A Means to Maintain and Protect Existing Uses and
                          Water Quality

                          The Blue River Mitigation Project—Rebuilding Our Nation's Wetlands

                          Boulder Creek Enhancement

                          Carol's Fixit Ideas

                          Development of Water Quality Criteria and its Relationship to Water Quality
                          Standards

                          Do Your Part—A Wetlands Discovery Adventure

                          Economic Considerations in Water Quality Standards—1992

                          Enumeration Methods for E. Coli and Enterococd

                          Ground Water: New Mexico's Buried Treasure

                          Horse Waste and Land Management

                          Introduction to Water Quality Standards

                          Livestock Grazing and Riparian Management

                          Our Urban Wetlands

                          Private Rural Well Protection

                          The Value of Riparian Areas, Wyoming Game and Fish and Others—1992

                          Water Quality Standards and 401 Certification

                          Water Quality-Based Approach to Pollution Control

                          Water Quality Standards on Indian Lands

                          The Wealth in Wetlands

                          Well Head Protection: The Power to Protect
 Page 56
February 1,1993

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Glossary and Acronyms
Assertion of Authority
As detailed in die dean Water Act, Section 504, a tribe must have the
authority to restrain the discharge of pollutants presenting imminent
and substantial endangerment to human health or welfare. A tribe
must have adequate contingency plans to implement such authority.
              BATEA  Best Available Technology Economically Achievable.
                 BCT  Best Conventional Technology.
                 BMP  Best Management Practice.
        Budget period
The period defined by the day funding first becomes available and the
day funding expires.
             CERCLA  Comprehensive Environmental Response, Compensation and Liability
                       Act (Superfund programs). A federal law that outlines the
                       requirements, responsibilities, and financial liabilities associated with
                       cleaning up abandoned or inactive hazardous waste sites.
                 CFR  Code of Federal Regulations.
      Carryover funds
         Class I wells
Carryover funds are funds that are not obligated by the end of a fiscal
year or budget period and may be obligated in the next fiscal year. The
source of carryover funds is either no-year appropriations or from the
first year of a two-year appropriation.
Municipal and industrial disposal wells. These include wells used by
generators of hazardous waste and owners of hazardous waste
management facilities mat inject fluids below the lowermost formation
containing, within one quarter mile of the well bore, an underground
source of drinking water.
         Class II wells   Wells that are associated with oil and gas production or liquid
                        hydrocarbon storage. These wells inject fluids which are brought to the
                        surface for the enhanced recovery of oil and natural gas and for the
                        storage of hydrocarbons.
United States Environmental Protection Agency
Region 8 Water Management Division
                                                       Page 57

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Class III wells                                                              Indian tribe
         Class III wells   Wells used to inject fluids for the extraction of minerals and solution
                        mining of minerals.
        Class IV wells   Wells used by generators of hazardous and radioactive wastes. These
                        wells inject into or above a formation which contains an underground
                        source of drinking water within one quarter of a mile of the well. Class
                        IV wells are prohibited.
         Class V wells   Wells that do not meet the criteria listed for classes I through IV are
                        Pass V. Generally, wells covered under this classification inject
                        non-hazardous fluids into or above formations that contain
                        underground sources of drinking water.
      Clean Water Act   An act passed by the U.S. Congress to control water pollution. The
               (CWA)   Federal Water Pollution Control Act was the first law enacted to
                        protect water (Public Law [PL] 92-500). It was amended in 1977 as the
                        dean Water Act (PL 95-217) and again in 1987 as the Water Quality
                        Act(PL100-4).
           Delegation   A tribe is delegated authority to administer regulatory programs on
                        tribal lands by EPA. For example, under the Safe Drinking Water Act,
                        a tribe could be delegated authority to administer Public Water System
                        Supervision (PWSS) or Underground Injection Control (UIC)
                        programs.
                 EPA   Environmental Protection Agency. Part of the executive branch of the
                        US. government Charged with developing and enforcing federal
                        regulations to protect human health and the environment from
                        pollution.
                RFRA   Federal Insecticide, Fungicide, and Rodenticide Act.


           Fiscal year   October 1 to September 30


        Ground water   Water below the land surface that feeds wells and springs.
            Guidance   Documents issued primarily to elaborate and provide direction on the
                        implementation of regulations. Guidance is published by the program
                        administrator and contains specific program guidelines, priorities and
                        measures as defined by statutes or regulations.
           Indian tribe   A federally recognized Indian governing body carrying out substantial
                        governing duties and powers over a defined area.
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In-kind match         	                                    Project period
         In-kind match  Also known as "soft" match. Includes non-cash match contributions
                        such as salary, utilities and office rent
             Leachate  Liquid that has percolated through solid waste or another medium
                        and has extracted, dissolved, or suspended materials from the waste,
                        these may include potentially harmful materials. Leachate collection
                        and treatment is of primary concern at municipal waste landfills.
                Match   The portion of allowable project costs that a recipient or third party
                        contributes toward completing the project, i.e., non-Federal share plus
                        matching share equals total project cost Federal grant dollars cannot
                        be matched with other federal dollars, unless they originate from the
                        Bureau of Indian Affairs.
                Media   EPA's major program areas are defined by 11 media: air, water quality,
                        drinking water, pesticides, hazardous waste, radiation, superfund,
                        energy, interdisciplinary, toxic substances, and management and
                        support
               NPDES   National Pollutant Discharge Elimination System.


              NPDWR   National Primary Drinking Water Regulation.


                OSHA   Occupational Safety and Health Administration.


                POTW   Publicly Owned Treatment Works.
                PWSS   Public Water System Supervision. A program that allows tribes or
                        states to supervise and regulate public water supplies and ensure that
                        safe drinking water is provided to residents.
         Pretreatment   Use of proven pollution control technologies to remove pollutants
                        from waste waters before they are discharged into sewage treatment
                        plants.
              Primacy   A status which tribes and states may seek from EPA for the purpose of
                        gaining primary enforcement responsibility for drinking water
                        programs.
        Project period   The period between the project initiation and completion.
United States Environmental Protection Agency                                          Page 59
Region 8 Water Management Division

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Public water system                     	     	Treatment as a state
  Public water system   Twenty-five or more persons or 15 or more service connections on a
                        public drinking water system.
                RCRA   Resource Conservation and Recovery Act. Outlines requirements for
                        safe transport, storage and disposal of hazardous waste.
                 SCS  Soil Conservation Service.
                SA RA  Superfund Amendments and Reauthorization Act Modifies CERCLA.
                       Enacted October 17,1986. See CERCLA.
        Safe Drinking  An act passed by the U.S. Congress in 1974 establishing a cooperative
            Water Act  program among local, state and federal agencies to ensure safe
              (SDWA)  drinking water for consumers. The Act has been amended by Congress
                       in 1977,1979,1980, and 1986. The 1986 amendments require EPA to
                       develop regulations to enable Indian tribes to administer the Public
                       Water System Supervision and Underground Injection Control
                       programs
              SMC RA  Surface Mining Control and Reclamation Act.


                SERC  State Emergency Response Commission, established under SARA.


     Source reduction  Reduction in or elimination of the generation of any hazardous
                       substance, pollutant, contaminant, or waste.
                State  Within the context of Public Water Systems Supervision and
                       Underground Water Source Protection grants or of financial assistance
                       programs under the Clean Water Act, a state is one of the states of the
                       United States, the District of Columbia, the Commonwealth of Puerto
                       Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth
                       of the Northern Mariana Islands, the Trust Territories of the Pacific
                       Islands or an Indian tribe treated as a state.
        Surface water  Water that is open to the atmosphere and subject to surface runoff, e.g.,
                       rivers, lakes, estuaries, impoundments, seas, reservoirs, etc.


          Tribal lands  Tribal lands are Indian lands or country.


  Treatment as a State  A status granted by EPA to Indian tribes that have established
                       minimum levels of legal, political, and financial structure that enable
                       the tribe to promote and protect the health, safety, and welfare of its
                       citizens. Indian tribes that meet specific criteria can be treated as states

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Underground Injection Control (LUC) program
                                                       Wetland
                        for certain purposes under the Clean Water Act and the Safe Drinking
                        Water Act
         Underground
      Injection Control
        (UIC) program
A program that allows tribes or states to regulate the injection of
liquids into the ground. The goal of the program is to prevent
contamination of underground sources of drinking water (USDW)
from injection-well activities. The injection of brine wastes from oil
recovery processes is an example of such activities.
                USFS   United States Forest Service.
              USFWS   United State Fish and Wildlife Service.
                 WHP   Well Head Protection. Protection of the area surrounding a well.
               WHPA   Well Head Protection Area. The surface and subsurface area
                        surrounding a well or wellfield that supplies a public water system
                        through which contaminants are likely to pass and eventually reach
                        the water well or wellfield.
          . Water table   Level below the earth's surface at which the ground becomes saturated
                        with water.
              Wetland   Area that is regularly wet or flooded and has a water table mat stands
                        at or above the land surface for at least part of the year. Coastal
                        wetlands extend back from estuaries and include salt marshes, tidal
                        basins, marshes, and mangrove swamps. Inland freshwater wetlands
                        consist of swamps, marshes, and bogs.
United States Environmental Protection Agency
Region 8 Water Management Division
                                                        Page 61

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EPA Contacts

Regional Office

JackW.McGraw
Acting Regional Administrator
EPA Region 8 (RA)
99918th Street, Suite 500
Denver, CO 80202
303 293-1616


Water Management Division

Max Dodson, Division Director
EPA Region 8 (WM)
99918th Street, Suite 500
Denver, CO 80202
303 293-1600

Roger Fienette, Deputy Director
EPA Region 8 (WM)
999 18th Street, Suite 500
Denver, CO 80202
303 293-1542


Water Quality Branch

Rick daggett, Watershed Section Chief
EPA Region 8 (WM-WQ)
999 18th Street, Suite 500
Denver, CO 80202
303 293-1572

Bob Erickson, Water Quality Standards
EPA Region 8 (WM-WQ)
999 18th Street, Suite 500
Denver, CO 80202
303 293-1566

Phil Johnson, Monitoring Coordinator
EPA Region 8 (WM-WQ)
99918th Street, Suite 500
Denver, CO 80202
303 293-1581
Christine Lehnertz
Tribal dean Water Act Programs
EPA Region 8 (WM-WQ)
99918th Street, Suite 500
Denver, CO 80202
303293-1656

David Moon, Water Quality Standards
EPA Region 8 (WM-WQ)
999 18th Street, Suite 500
Denver, CO 80202
303 293-1561

John Peters, Wetlands Project Officer
EPA Region 8 (WM-WQ)
99918th Street, Suite 500
Denver, CO 80202
303 293-1579

David Rathke, Clean Lakes Coordinator
EPA Region 8 (WM-WQ)
999 18th Street, Suite 500
Denver, CO 80202
303 293-1703

Carol Russell, Nonpoint Source Coordinator
EPA Region 8 (WM-WQ)
999 18th Street, Suite 500
Denver, CO 80202
303 293-1449
NPDES Compliance Branch

Donna Inman, NPDES Regulation
EPA Region 8 (WM-Q
99918th Street, Suite 500
Denver, CO 80202
303 293-1836

Linda Jacobson, NPDES Compliance
EPA Region 8 (WM-C)
999 18th Street, Suite 500
Denver, CO 80202
303 293-1263
 United States Environmental Protection Agency
 Region 8 Water Management Division
                                  Page 63

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EPA Contacts
Janet LaCombe, NPDES Program Officer
EPA Region 8 (WM-O
99918th Street, Suite 500
Denver, CO 80202
303 293-1593

Drinking Water Branch

Cindy Cody
Direct Implementation Coordinator
EPA Region 8 (WM-DW)
99918th Street, Suite 500
Denver, CO 80202
303 293-1541

Barbara Conklin, Tribal UIC Coordinator
EPA Region 8 (WM-DW)
99918th Street, Suite 500
Denver, CO 80202
303 293-15%

Patricia Henry Denham, Primacy Coordinator
EPA Regions (WM-DW)
99918th Street, Suite 500
Denver, CO 80202
303 293-1420

Environmental Assessment Branch

Wes Wilson, Environmental Engineer
EPA Region 8 (WM-EA)
99918th Street, Suite 500
Denver, CO 80202
303 293-1439


Environmental Services Branch

Rick Edmonds, QA officer
EPA Region 8 (ES-MEB)
99918th Street, Suite 500
Denver, CO 80202
303293-0993


Grants Management

Jack Mohl, Branch Chief
EPA Region 8 (PM-GSC)
99918th Street, Suite 500
Denver, CO 80202
303 293-1671
Ground Water Branch

Mike Wireman, Hydrologist
EPA Region 8 (WM-GW)
999 18th Street, Suite 500
Denver, CO 80202
303 294-1163
Mining Waste Branch

Rob Walline, National Expert
EPA Region 8 (WM-MW)
999 18th Street, Suite 500
Denver, CO 80202
303 294-7093


Municipal Facilities Branch

Pauline Afshar
Environmental Protection Specialist
EPA Region 8 (WM-MF)
99918th Street, Suite 500
Denver, CO 80202
303 294-1169

Elwood Bell, Geologist
EPA Region 8 (WM-MF)
999 18th Street, Suite 500
Denver, CO 80202
303294-1177

Terry Griffith, Environmental Engineer
EPA Region 8 (WM-MF)
999 18th Street, Suite 500
Denver, CO 80202
303 294-1172

Jack Riecheky, SRF Coordinator
EPA Region 8 (WM-MF)
99918th Street, Suite 500
Denver, CO 80202
303 293-1551
Montana Operations Office

BUI Engle, Water Quality Branch Chief
301 South Park
Drawer 100%
Helena, MT 59626-00%
406449-5432
 Page 64
                           February 2, 1993

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                                                                             EPA Contacts
Lee Roberts
Environmental Protection Specialist
301 South Park
Drawer 100%
Helena, MT 59626-00%
406449-5432
Dallas Miller
Environmental Protection Specialist
EPA Region 8 (ART-TS)
99918th Street, Suite 500
Denver, CO 80202
303 293-1891
Office of External Affairs

Caren Rothstein, Indian Program Coordinator
EPA Region 8 (OEA)
99918th Street, Suite 500
Denver, CO 80202
303 294-1114

Office of Regional Counsel

B. Leigh Price, Attorney
EPA Region 8 (ORO
99918th Street, Suite 500
Denver, CO 80202
303294-7548

Pesticides

Ron Schiller
Environmental Protection Specialist
EPA Region 8 (ART-TS)
99918th Street, Suite 500
Denver, CO 80202
303 293-1743
Pollution Prevention

Sharon Childs
Program Analyst, Policy Office
EPA Region 8 (PM-SIFO)
999 18th Street, Suite 500
Denver, CO 80202
303 293-1471

Solid Waste
Gerald Allen
Environmental Protection Specialist
EPA Region 8 (HWM-WM)
999 18th Street, Suite 500
Denver, CO 80202
303 293-14%

Brian Rimar
Environmental Protection Specialist
EPA Region 8 (HWM-WM)
999 18th Street, Suite 500
Denver, CO 80202
303 293-1673
United States Environmental Protection Agency
Region 8 Water Management Division
                                   Page 65

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Tribal Council Contacts
Tribal Council Contacts
                       Earl Old Person, Chairman
                       Blackfeet Tribal Business Council
                       P.O. Box 850
                       Browning, MT 59417
                       406338-7276
                       Wayne Ducheneaux, Chairman
                       Cheyenne River Sioux Tribal Council
                       P.O. Box 590
                       Eagle Butte, SD 57625
                       605964-4155
                       Rocky Stump, Sr., Chairman
                       Chippewa Cree Business Committee
                       RRl,Box544
                       Box Elder, MT 59521
                       406395-4282
                       Michael Pablo, Chairman
                       Confederated Salish & Kootenai Tribal Council
                       P.O. Box 278
                       Pablo, MT 59855
                       406675-2700
                       Donald McGhee, Chairman
                       Crow Creek Sioux Tribal Council
                       P.O. Box 658
                       Fort Thompson, SD 57339
                       605 245-2221
                       Clara Nomee, Chairwoman
                       Crow Tribal Council
                       P.O. Box 159
                       Crow Agency, MT 59022
                       4066384433
                       Peter Belgarde, Chairman
                       Devils Lake Sioux Tribal Council
                       Sioux Community Center
                       Fort Totten, ND 58335
                       701 766-4221
 Page 66
February 1, 1993

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                                                                      Tribal Council Contacts
                        Judith Petersen, President
                        Flandreau Santee Sioux Executive Committee
                        Flandreau Field Office
                        P.O. Box 283
                        Flandreau, SD 57028
                        605 997-3891
                        William Main, Chariman
                        Fort Belknap Community Council
                        P.O. Box 249
                        Harlem, MT 59526
                        605353-2205
                        Wilber Wilkinson, Chairman
                        Fort Berthold Tribal Council
                        Three Affilated Tribes
                        P.O. Box 220
                        New Town, ND 58763
                        701 627-4781
                        Caleb Shields, Chairman
                        Fort Peck Executive Board
                        P.O. Box 027
                        n—i— x*rn 59255
                             -
                       406768-5155
                       Michael Jandreau, Chairman
                       Lower Brule Sioux Tribal Council
                       Lower Brule, SD 57548
                       605 473-5561
                        Edwin Dahle, President
                        Northern Cheyenne Tribal Council
                        P.O. Box 128
                        Lame Deer, MT 59043
                        406477-6503
                       John Steele, President
                       Oglala Sioux Tribal Council
                       P.O. Box 468
                       Pine Ridge, SD 57770
                       605 867-5821
United States Environmental Protection Agency
Region 8 Water Management Division
Page 67

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                       Geneal Anderson, Chairman
                       Paiute Tribal Council
                       600 North 100 East
                       Cedar City,UT 84720
                       801 586-1112
                      Alex J. Lunderman, President
                      Rosebud Sioux Tribal Council
                      P.O. Box 430
                      Rosebud, SD 57570
                      605 747-2381
                       Russell Hawkins, Chairman
                       Sisseton-Wahpeton Sioux Tribal Council
                       Rt. 2 Agency Village
                       Sisseton,SD 57262
                       605 698-3911
                      Lawrence Bear, Chairman
                      Skull Valley Agency
                      P.O. Box 130
                      Fort Duchesne, UT  84026
                      801 722-2406
                       Leonard Burch, Chairman
                       Southern Ute Tribal Council
                       P.O. Box 737
                       Ignacio,CO 81137
                       303563-4525
                       Charles W. Murphy, Chairman
                       Standing Rock Sioux Tribal Council
                       P.O. Box D
                       FortYates,ND 58538
                       701 854-7202
                       Twilla Martin-Kekahbah, Chairwoman
                       Turtle Mountain Tribal Council
                       P.O. Box 900
                       BelcourtND 58316
                       701 477-6451
                       Luke Duncan, Chairman
                       Uintah & Ouray Business Committee
                       P.O. Box 190
                       Fort Duchesne, UT 84026
                       801 722-5141
Page 68
February 1,1993

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                                                                     Tribal Council Contacts
                       Judith Knight-Frank, Chairwoman
                       Ute Mountain Ute Tribal Council
                       General Delivery
                       Towaoc,CO 81344
                       303 565-3751
                       Burton Hutchinson, Chairman
                       Wind River Reservation
                       Arapaho Business Council
                       P.O. Box 3%
                       FortWashakie,WY 82514
                       307255-8394
                       John Washakie, Chairman
                       Wind River Reservation
                       Shoshone Business Council
                       P.O. Box 538
                       FortWashskie,WY  82514
                       307332-3532
                       Stephen Coumoyer, Jr., Chairman
                       Yankton Sioux Tribal Business & Claims Committee
                       P.O. Box 248
                       Marty, SD 57361
                       605384-3641
United States Environ mental Protection Agency
Region 8 Water Management Division
Page 69

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Tribal Environmental Contacts
Tribal Environmental  Contacts
Steve Stringham
Blackfeet Tribe
Water Resources
P.O. Box 850
Browning, MT 59417
406338-7421

David Nelson
Cheyenne River Sioux Tribe
P.O. Box 590
Eagle Butte,SD 57625
605964-6915

Danyl Wright
Chippewa Cree Tribe
Tribal Water Rights Office
P.O. Box 544
Box Elder, MT 59521
406395^308

David Haire
Confederated Salish & Kootenai Tribes
P.O. Box 278
Pablo, MT 59855
406675-2700 Ext 325

JoelSynder
Crow Creek Sioux Tribe
P.O. Box 658
Fort Thompson, SD 57339
605 245-2221

Randall Three Irons
Crow Tribe
P.O. Box 460
Crow Agency, MT 59022
406638-2894

Oliver Gourd, Coordinator
Devils Lake Sioux Tribe
Water Resources
FbrtTotten,ND 58335
701766-4221

LeeFyten
Flandreau Santee Sioux Executive Committee
Field Office, P.O. Box 283
Flandreau, SD 57028
605 997-3891
Rose Main
Fort Belknap Reservation
RRl,Box66
Harlem, MT 59526
406353-2205 Ext 451

Kyle Baker, Natural Resources
Ft. Berthold Reservation
Three Affiliated Tribes
P.O. Box 460
New Town, ND 58763
701 627-3627

Debi Madison
Fort Peck Tribes
P.O. Box 1027
Poplar, MT 59255
406 768-5155

Scott Jones
Lower B rule Sioux Tribe
P.O. Box 187
Lower Brule, SD 57548
605 473-5288

Jason Whiteman, Director
Environmental Affairs
Northern Cheyenne Tribe
P.O. Box 128
Lame Deer, MT 59043
406 477-6503

Willard Underbaggage
Oglala Sioux Tribe
Water Resources
P.O. Box 883
Pine Ridge, SD 57770
605 867-5918

McKay Pikyavit
Paiute Indian Tribe
600 North 100 East
Cedar City,UT 84720
801 586-1112
 Page 70
                          February 1,1993

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                                                        Tribal Environmental Contacts
 SyedY.Huq
 Rosebud Sioux Tribe
 Office of Water Resources
 P.O. Box 430
 Rosebud, SD 57570
 605 747-2559

 Tom Azure
 Sisseton-Wahpeton Sioux
 Tribal Council
 Rt 2 Agency Village
 Sisseton,SD 57262
 605 698-3911

 Enunett White Temple
 Standing Rock Sioux Tribe
 Water Resources Program
 P.O. Box 429
 FortYates,ND 58538
 701854-7214

 Stephanie Odell
Southern Ute Indian Tribe
P.O. Box 737
Ignacio,CO 81137
303563-4525

Ron Davis
Turtle Mountain Reservation
P.O. Box 570
Belcourt,ND 58316
701 477-4481
Jonas Grant
Uintah Tribe Resource Department
P.O. Box 190
Fort Duchesne, UT 84026
801 722-5141

BillEtie
Ute Mountain Ute Tribe
P.O. Box 52
Towaoc,CO 81344
303565-3751 Ext 316

Don Aragon
Gary Holt
Wind River Environmental Quality
Commission
P.O. Box 217
Fort Washakie, WY 82514
307 322-3164

Paula Butler
Yankton Sioux Tribe
P.O. Box 248
Marty, SD 57361
605384-3641
United States Environmental Protection Agency
Region 8 Water Management Division
                                 Page 71

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Federal Agency Contacts
Federal Agency Contacts
Bureau of Indian Affairs
TSOSimms
Lakewood, CO 80226
303236-5920
Bureau of Mines
Denver Federal Center
Lakewood, CO 80206
303236-0421

Bureau of Reclamation
7301W. Mansfield Avenue
Lakewood, CO 80206
303236-8098

Housing and Urban Development
Howard Kutzer
Regional Environmental Officer
Executive Tower Building
1405 Curtis Street
Denver, CO 80202
303.844-4061

Indian Realm Service
Aberdeen area, 605 226-7451
Billings area, 406 585-6333
Albuquerque area, 505 766-2139
Phoenix area, 602 263-1650

Minerals Management Service
Denver Federal Center
Lakewood, CO 80206
303 231-3585

National Park Service
12795 W.Alameda
Lakewood, CO 80206
303969-2200

USDA Soil Conservation Service
Stephen K. Chick
655 Parfet Street
RoomE200C
Lakewood, CO 80215-5517
303 236-2886
USDA Soil Conservation Service
Scott Hoag
Federal Building, Room 443
10 East Babcock Street
Bozeman,MT 59715
406 587-4816

USDA Soil Conservation Service
Herb Mittelstedt
Federal Building, Rosser Avenue
P.O. Box 1458
Bismark,ND 58502
701 250-441

USDA Soil Conservation Service
E. Leroy Holtsdaw
Federal Building
200 4th Street S.W.
Huron, SD 57350-2475
605 353-1783

USDA Soil Conservation Service
R. Deane Harrison
P.O. Box 11350
125 South State St, Room 4005
Salt Lake City, UT 84147
801 524-5054

USDA Soil Conservation Service
Tom Jewett
Federal Office Building, Room 3124
100 East B. Street
Casper, WY 82601
307261-5224

U.S. Army Corps of Engineers
Omaha District
Rocky Mountain Area
719574-0441

U.S. Forest Service
Rocky Mountain Regional Office
11177 W. 8th Avenue
Lakewood, CO 80226
303 236-9468
 Page 72
                           February 1,1993

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                                                                     Federal Agency Contacts
U.S. Fish & Wildlife Service
134 Union Blvd.
Lakewood, CO 80226
303236-8189

U.S. Geological Survey
Indian Affairs Bureau
TSOSimms
Lakewood, CO 80226
303236-5920

Western Area Power Administration
1627 Cole Blvd.
Golden, CO 80401
303 231-1511
United States Environmental Protection Agency                                          Page 73
Region 8 Water Management Division

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Sta» Agency Contacts
State Agency Contacts
Colorado

Emergency Response
Department of Health
Waste Management Division
4210 E. llth Ave.
Denver, CO 80220
303331-4858
Montana

Emergency Response
Department of Health and Environmental
Sciences
Cogswell Building Room A206
Helena, MT 59620
406444-3948
Hazardous Waste
Department of Health
PamHarley
Solid Waste and Incident Management Section
4210 East llth Ave.
Denver, CO 80220
303331-4830
Drinking Water, Water Quality, Municipal
Facilities
Department of Health
Water Quality Control Division
4300 Cherry Creek Drive South
Denver, CO 80220-1530
303 331^1530
Nonpoirrt Source Management Program
Department of Health
Greg Parsons
Water Quality Control Division
4300 Cherry Creek Drive South
Denver, CO 80222-1530
30333W700
Soil Conservation
Colorado State Soil Conservation Board
Laurie B. Fisher
1313 Sherman St, Room 219
Denver, CO 80203
303866-3351
Hazardous Waste
Department of Health & Environmental
Sciences
Pat Powell
Solid & Hazardous Waste Bureau
Cogswell Building
Helena, MT 59620
406444-6667
Drinking Water, Water Quality, Municipal
Facilities
Department of Health & Environmental
Sciences
Water Quality Bureau
Cogswell Building, Rm. A206
Helena, MT 59620
406444-4549
Nonpoint Source Management Program
Department of Health & Environmental
Sciences
Jack Thomas
Water Quality Bureau
Cogswell Building, Rm. A206
Helena, MT 59620
406444-4549
Soil Conservation
Department of Natural Resources and
Conservation
Ray Beck
1520 East 6th Avenue
Helena, MT 59620-2301
406444-6667
Page 74
                          February 1,1993

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                                                                    State Age  ; Contacts
North Dakota

Emergency Response
Division of Emergecny Management
State Emergency Operations Center
P.O. Box 5511
Bismarck, ND 58502-5511
701 224-2111
Hazardous Waste
Department of Health & Consolidated Labs
Neil Knatterud
Division of Wate Management
1200 Missouri Ave.
Bismarck, ND 58502-5520
701221-5166
Drinking Water
Department of Health & Consolidated Labs
Division of Water Supply & Pollution Control
1200 Missouri Ave.
Bismarck, ND 58502-5520
701221-5210
Nonpoint Source Management Program
Department of Health & Consolidated Labs
Greg Sandness
1200 Missouri Ave.
Bismarck, ND 58505
701 221-5166
Water Quality, Municipal Facilities
Department of Health & Consolidated Labs
Dennis Fewless, Director
Division of Water Quality
1200 Missouri Ave., Rm 102
Bismark,ND 58502-5520
701 221-5215
Soil Conservation
North Dakota Soil Conservation Committee
Blake Vander Vorst
State Capitol
600 East Boulevard Avenue
Bismark,ND 58505-0790
701224-2650
South Dakota

Emergency Response
Department of Environment & Natural
Resources
Joe Foss Building
523 E. Capitol Ave.
Pierre, SD 57501-3181
605 773-3151
Hazardous Waste
Department of Environmental & Natural
Resources
Terry Keller
Division of Environmental Regulation
319 S. Coteau
c/o 500 E. Capitol
Pierre, SD 57501-3181
605 773-3153
Drinking Water, Water Quality, Municipal
Facilities
Department of Environment & Natural
Resources
Division of Water Resource Management
Joe Foss Building
523 East Capitol
Pierre, SD 57501-3181
605773-3754
Nonpoint Source Management Program
Department of Environment & Natural
Resources
Duane Murphy
Joe Foss Bldg.
523 East Capitol
Pierce, SD 57501
605 773-5210
Soil Conservation
South Dakota Department of Agriculture
JimStukel
445 East Capitol
Pierre, SD 57501-3185
605773-3258
 United States Environmental Protection Agency
 Region 8 Water Management Division
                                  Page 75

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Stato Agency Contacts
Utah

Emergency Response
Department of Environmental Quality
Division of Environmental Management
P.O. Box 16690
Salt Lake City, UT 84114-4820
801538-6333
Hazardous Waste
Department of Environmental Quality
Rusty Lundberg
Planning & Program Development Section
Division of Solid & Hazardous Waste
298 North 1460 West
Salt Lake City, UT 84114-4820
801538-6170
Drinking Water
Health Department
Salt Lake City County
610 South 200 East
Salt Lake City, UT 84111
801 534-4541
Nonpoint Source Management Program
Division of Water Quality
RoyGunnell
Utah Department of Environmental Quality
298 North 1460 West
Salt Lake Ciry,UT 84114-4870
801538-6146
Soil Conservation
Utah State Soil Conservation Commission
ICN."Jake"Jacobson
350 North Redwood Road
Salt Lake Ciry,Ut 84116
801538-7171
Water Quality, Municipal Facilities
Division of Water Quality
Utah Department of Environmental Quality
298 North 1460 West
Salt Lake City, UT 84114-4870
801 538-6146
Wyoming

Emergency Response
Wyoming Office of Emergency Management
P.O. Box 1709
Cheyenne, WY 82003
307777-7566
Hazardous Waste
Department of Environmental Quality
David A. Finley
Solid Waste Program
Herschler Building, 4th Floor
122 West 25th Street
Cheyenne, WY 82002
307 777-7752
Drinking Water, Water Quality, Municipal
Facilities
Departmental of Environmental Quality
Water Quality Division
Herschler Building, 4th Floor
122 West 25th Street
Cheyenne, WY 82002
307 777-7781
Nonpoint Source Management Program
Department of Environmental Quality
Beth Pratt
Water Quality Division
Herschler Building, 4th Floor
122 West 25th Street
Cheyenne, WY 82002
307 777-7781
Soil Conservation
Wyoming Department of Agriculture
Grant Stumpbough
2219 Carey Avenue
Cheyenne, WY 82002-0100
307777-6579
Page 76
                          February 1,1993

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Index
                                                                                  Index
Allen, Gerald, 49,65
Anderson, Geneal, 68
Aqure, Tom, 71
Aragon, Don, 71
Arapaho Tribe, 11,69
 See also Wind River
  Reservation
Ashfar, Pauline, 30,31,64
Assertion of authority, 57

B	
Baker, Kyle, 70
Bear, Lawrence, 68
Beck, Ray, 74
Belgarde, Peter, 66
Bell,Elwood,31,64
BATEA, 57
BCT,57
BMPs, 57
BlackfeetTribe,ll,16,55,
  66,70
Burch, Leonard, 68
Bureau of Indian Affairs, 72
Bureau of Mines, 72
Bureau of Reclamation, 72
Butler, Paula, 71
Carryover funds, 57
Certification, 21
Cheyenne River Sioux Tribe,
   41,50,55,66,70
Quids, Sharon, 46,65
Chippewa Gee Tribe, 55,66,
   70
Oaggett,Rick,63
Class I wells, 57
O?9S n wells, 57
Class ffl wells, 58
Class IV wells, 58
Class Vwell, 58
dean lakes program, 16
dean Water Act, 5,9,53,58
CFR,57
Cody, Cindy, 38,64
CERCLA,57
Confederated Salish &
  Kootenai Tribes, 11,27,
  55,66,70
Confederated Salish and
  Kootenai Tribes, 24
Conklin, Barbara, 40,64
Construction Grant, 32
Coumoyer, Stephen Jr., 69
Crow Creek Sioux Tribe, 55,
  66,70
Crow Tribe, 55,66,70
Dahle, Edwin, 67
Davis, Ron, 71
Delegation, 36,58
Denham, Patricia Henry, 38,
  64
Devil's Lake Sioux Tribe, 66,
  70
Devils Lake Sioux Tribe, 55
Dodson, Max, 63
Drinking water, 36
Ducheneaux, Wayne, 66
Duncan, Luke, 68
Edmonds, Rick, 64
Engle, Bill, 64
Environmental assessment,
   43
EPA, 58
Environmental training
   centers, 29
Erickson, Bob, 63
Erickson, Robert, 15
Etie, Bill, 71
 FIFRA,6,58
Federal Insecticide,
  Fungicide, Rodenticide, 41
Feeley, Tom, 29
Fewless, Dennis, 75
Finley, David A., 76
Fiscal year, 58
Fisher, Laurie, 74
Flandreau Santee Sioux
  Tribe, 55,67,70
Flathead Reservation

 See also Flandreau Santee
  Sioux Tribe
Fort Belknap Indian
  Community, 55,67,70
Fort Berthold Reservation, 67
 Three Affliated Tribes, 70
Fort Peck Tribes, 11,20,27,
  39,55,67, 70
Fort Tottem Reservation

 See also Devil's Lake Sioux
  Tribe
Frenette, Roger, 63
Fyten, Lee, 70
Geyer, William, 29
Gourd, Oliver, 70
Grant opportunities, 4
Grant, Jonas, 71
Griffith, Terry, 32,64
Ground water, 58
Groundwater, 35,39
Groundwater monitoring, 47
Groundwater protection, 41
Groundwater protection
   program, 41
Guidance, 58
Gunnell, Roy, 76

H	

Haire, David, 70
Harley, Pam, 74
 United States Environmental Protection Agency
 Region 8 Water Management Division
                                                  Page 77

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Index
Hawkins, Russell, 68
Hazardous waste, 45
Heidt,Jeff,29
Holt, Gary, 71
Housing and Urban
   Development, 72
Huq,SyedY,71
Hutchinson, Burton, 69

I	

In-kind match, 59
Indian Health Services, 72
Inman, Donna, 23,63
Jacobson, ICN., 76
Jacobson, Linda, 23,63
Jandreau, Michael, 67
Johnson, Phil, 63
Johnson, Thomas, 21,23
Jones, Scott, 70
Keller, Terry, 75
Knatterud, Neil, 75
Knight-Frank, Judith, 69
Krauth, Paul, 30
Kutzer, Howard, 72
LaCombe, Janet, 23,25,64
Lake water quality
  assessment, 16
Landfills, 47
Leachate,59
Lehnertz, Christine, 10,12,
  19,20,63
Lower Brule Sioux Tribe, 55,
  67,70
Lundberg, Rusty, 76
Lunderman, Alex ]., 68

M	

Madison, Debi, 70
Main, Rose, 70
Main, William, 67
Martin-Kekahbah, Twilla, 68
Match, 59
McGhee, Donald, 66
McGraw,JackW.,63
Media, 59
Miller, Dallas, 42,65
Minerals Management
   Service, 72
Mining waste, 34
Mixer, William, 30
Mohl,Jack,64
Moon, David, 15,63
Multimedia, 7
Multimedia assistance
   grants, 50
Municipal facilities, 29,45
Murphy, Charles W., 68
Murphy, Duane, 75

N	

Nation Pollutant Discharge
   Elimination System, 22
National Park Service, 72
NPDES,59
NPDWR,59
Nelson, David, 70
Nomee, Clara, 66
Nonpoint source, 18
Nonpoint source pollution
   control, 18
Northern Cheyenne Tribe,
   55,67,70 "
Northern Ute Tribe, 55
 See also Uintah & Ouray
   Tribes
NPDES, 24
 See also National Pollutant
   Discharge Elimination
OSHA,59
Odell,Shephanie,71
Oglala Sioux Tribe, 35,41,
  55,67,70
Old Person, Earl, 66
Pablo, Michael, 66
Paiute Indian Tribe, 55,68,70
Parsons, Greg, 74
Pesticide enforcement, 41
Pesticide enforcement
   program, 41
Peters, John, 26,28,63
Petersen, Judith, 67
Pieritz, Glenn, 29
Pikyavit, McKay, 70
Point source, 22
Pollution prevention, 45
Pollution Prevention Act, 45,
   46
Powell, Pat, 74
Pratt, Beth, 76
Pretreatment, 59
Price, Leigh B., 65
Primacy, 36,59
Project period, 59
PWSS,59,60
Public water system
   supervision, 36
POTW,59
Quality Assurance Project
   Plan, 9
Quality assurance/quality
   control, 9
Rathke, David, 17,63
RCRA,47,48
Regulatory program
  assistance, 4
RCRA, 6,60
Riecheky,Jack,33,64
Rimar, Brian, 49,65
Roberts, Doris, 29
Roberts, Lee, 12,28,65
Rosebud Sioux Tribe, 31,41,
  55,68,71
Rothstein, Caren, 51,65
Russell, Carol, 19,20,63
Safe Drinking Water, 6
Safe Drinking Water Act, 36,
  53,60
Sandness, Greg, 75
Schuler,Ron,42,65
Section 104(b)(3), 20,24,27
Section 104(g)(l), 29
Section 106,11
Section 1422,39
Section 1451,36
Section 303,13
Section 314,16
Section 319,18
Section 401,21
Page 78
                                           February 1,1993

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                                                                                   Index
Section 402,22
Section 404,26
Shields, Caleb, 67
Shoshone Tribe, 11,69
 See also Wind River
   Reservation
Sisseton-Wahpeton Sioux, 55
Sisseton-Wahpeton Sioux
   Tribe, 68,71
Skull Valley Tribe, 55
SCS,60,72
Solid waste, 45
Source reduction, 45,60
Southern Ute Indian Tribe,
   11,16,68,71
Southern Ute Tribe, 55
Standing Rock Sioux Tribe,
   36,55,68,71
State, 60
SERC,60
Steele,John,67
Stringham, Steve, 70
Stake, Jim, 75
Stump, Rocky Sr., 66
Stumpbough, Grant, 76
SARA, 60
SMCRA.,60
Surface water, 60
Synder,Joel,70
Three Affiliated Tribes, 20,55
Three Irons, Randall, 70
Title H Construction Grant
   Program, 32
Treatment as a State, 53,55,
   60
Tribal lands, 60
Tribal pesticide code, 41
tribe, 58
Turtle Mountain Tribe, 11,
   16,55,68,71

y	

UIQ61
Uintah & Ouray Tribes, 68,
   71
Underbaggage, Willard, 70
Underground injection
   control, 39
US. Army Corps of
   Engineers, 72
US. Fish & Wildlife Service,
   73
USFWS,61
US. Forest Service, 72
USFS, 61
US. Geological Survey, 73
Ute Mountain Ute Tribe, 11,
   55,69,71
w
Walline, Rob, 34,64
Washakie,John,69
Wastewater treatment
   plants, 32
Water Indian Network, 1
Water management
   division,!
Water management
   programs, 8
Water quality assessment
   and planning, 11
Water quality standards
   program, 13
Water table, 61
Well head protection, 35,61
Western Area Power
   Administration, 73
Wetland, 26,61,62
Wetlands program, 26
White Temple, Emmett, 71
Whiteman, Jason, 70
Wilkinson, Wilber, 67
Wilson, Wes, 44,64
Wind River Reservation, 16,
   24,55,71
Wireman,'Mike, 64    :
Wright, Darryl, 70 .
Technical assistance, 4
Thomas, Jack, 74
Vander Vorst, Blake, 75
Videos, 56
Yankton Sioux Tribe, 50,55,
   69,71
United States Environmental Protection Agency
Region 8 Water Management Division
                                                  Page 79

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