4% mA	EPA 84°-r-19-°01
^¦wl™|^£X	August 2019
United States
Environmental Protection
Agency
Tribal Nonpoint
Source Programs
Working	to solve wa
A REPORT ON HIGHLIGHTS OF THE §319 PROGRAM

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A Message from the National Tribal Water Council*
Tribes are essential partners in protecting our nation's waters. Although tribes occupy
only a fraction of their ancestral lands, many tribes still control and have rights to vast
areas of land and water. Their reservations and extended boundary rights encompass
estuaries, rivers, streams, wetlands, lakes, springs, everglades and ocean shores.
Tribes in Alaska have subsistence rights that encompass vast areas of land and water.
Many tribal lands and waterways are positioned in strategic areas and are of cultural,
ecological, and aquatic value. These areas are critical to both the subsistence of tribal
communities as well as development of industries associated with diverse bodies of
water.
The Tribal Nonpoint Source Program efforts have improved land and water
management within tribal lands by implementing effective projects to restore
water quality benefiting the sustainable use of water, protection of water quality,
preservation of habitats of aquatic species, and protection of communities reaching
beyond reservation boundaries. A number of tribal programs partner with adjacent
landowners and communities to carry out projects off tribal territories that stretch
limited resources and directly benefit both tribal and non-tribal communities.
Tribal efforts in the CWA Section 319 arena are supported by unique knowledge and
understanding inherent in their traditions and culture that provides real value to the
government-to-government partnership, as we work together to preserve and protect
each unique yet interconnected ecosystem for future generations.
*The National Tribal Water Council is a technical and scientific body created to assist the EPA, federally
recognized Indian Tribes, including Alaska Native Tribes, and their associated tribal communities and
tribal organizations, with research and information for decision making regarding water issues and
water-related concerns that impact Indian and Alaska Native tribal members, as well as other residents
of Alaska Native Villages and Indian Country in the United States.
For more information about EPA's Tribal NP5 Program,
including educational and technical resources,
see www.epa.gov/nps/tribai
This document was developed under U.S. Environmental Protection Agency contract EP-C-17-046
with Tetra Tech, Inc.
Photo credits: Unless otherwise noted, tribal contacts provided all photos for their respective
spotlight sections. Photos appearing elsewhere: Front Cover, from top left to bottom right— Hopi Tribe,
Upper Skagit Indian Tribe, Confederated Salish and Kootenai Tribes, and Confederated Tribes of the
Umatilla Indian Reservation; page 1—White Mountain Apache Tribe; page 9, bottom left—Edward S.
Curtis public domain photo (https://lccn.loc.gov/00649919) showing 1905 Hopi tribal flute ceremony;
back cover, from left to right—Penobscot Indian Nation, White Mountain Apache Tribe, and Oneida
Nation.

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Tribal Nonpoint Source Programs—Working to solve water quality problems
Caring for Water
For Native Americans and their tribal communities, water is life. Protecting and restoring lakes, rivers,
streams, wetlands and other waters can be both a spiritual obligation and an economic necessity.
Tribal waters support fisheries, recreation, towns and agricultural operations where Indian people
live, work, and play. At the time of this publication, 203 tribes across the country have worked with
EPA to become eligible for Clean Water Act (CWA) Section 319 grants by completing assessments and
developing plans to guide their efforts to address polluted runoff originating from sources across the
landscape.
Like their counterparts in state and local government, tribal water quality professionals face a
formidable challenge when tackling the impacts of nonpoint source (NPS) pollution: sediment-
choked streams, eroding riverbanks, algae-infested lakes and beaches tainted by bacteria. Tribal
water quality programs across America are partnering with their fellow agencies and off-reservation
stakeholders to tackle these daunting issues, which arise both on and beyond Indian lands.
What's in This Document?
This report summarizes tribal NPS pollution control work conducted under CWA §319 and pro-
vides examples of how native communities are implementing what the Odawa people call nibiish
naagdowen—care of the water. Pages 2 and 3 of this document describe the CWA §319 Tribal NPS
Program, the types of grants available to tribes, and the most common projects tribes implement
nationwide. Pages 4 to 12 describe six key themes that are woven throughout tribal NPS programs
across the nation.
Tribal Spotlights featured under each theme show tribal NPS efforts in action. Given that tribal
members and staff are at the center of NPS successes, the report also includes Staff Spotlights that
highlight the people behind the progress.
Nonpoint Source Pollution
Unlike point source pollution,
which is discharged through
pipes from industrial and sewage
treatment plants, NPS pollution
comes from many diffuse sources
spread across the landscape. NPS
pollution is caused by rainfall
or snowmelt moving over and
through the ground. As the runoff
moves, it carries pollutants from
both natural and human sources
and deposits them in lakes,
rivers, streams, wetlands, coastal
waters and ground waters.
White Mountain Apache tribal staff survey a wetland.
1

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Tribal Nonpoint Source Programs— Working to solve water quality problems
Clean Water Act §319 Tribal Nonpoint Source Program
In 1987 the U.S. Congress amended the CWA to add §319 and §518, which authorize the U.S. Envi-
ronmental Protection Agency (EPA) to award grants to eligible states, territories, tribes and intertribal
consortia (referred to collectively as tribes in this document) to implement EPA-approved NPS
management programs to reduce
the water quality impacts of polluted	200
runoff. To be eligible, tribes must
obtain "treatment in a similar manner
as a state (TAS)" approval for the §319	150
grant program.	s
M
Of the 573 federally recognized tribes,
approximately 330 meet the require-
ments to apply for TAS. Of that, 203
tribes are currently eligible to receive
§319 grants (Figure 1). The tribes are
located across a range of ecoregions
and face different NPS pollution chal-
lenges (Figure 2). Although diverse,
these programs share the common
goal of protecting and improving
water resources.
% %
Figure 1. Tribal CWA §319 grant eligibility is on the rise. Since 2000, each year an
average of eight new tribes have become eligible to receive §319 grants.
Ecoregions
Coastal Plains
Northern Appalachians
Northern Plains
Southern Appalachians
Southern Plains
Temporate Plains
Upper Midwest
¦ Western Mountains
Xeric
T Tribes with 319 Programs



0
Figure 2. At the time of this publication, 203 tribes have EPA-approved NPS programs. Each point represents the center of each tribe's land area;
these are within various ecoregions (areas of similar environmental characteristics such as climate, vegetation, and geology).1-2
2

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Tribal Nonpoint Source Programs—Working to solve water quality problems
Q\Nh §319 Grants: Supporting Water Quality Improvement
Since 2015, the annual tribal §319 grant total has averaged $8.2 million—approximately 5 percent
of the national §319 federal budget allocation. Tribal funds are allocated in two parts: first, base
grants are awarded to all eligible tribes with EPA-approved workplans; then, the remaining funds
are competed nationally among
§319-eligible tribes to support larger,
on-the-ground implementation
projects.
Base §319 grants ($30,000 or $50,000
per year, depending on tribal land
area) support the administration of
tribal NPS programs. Typical activities,
which are often completed by a single
tribal NPS coordinator, include:
•	Building partnerships with other
agencies to advance NPS work
•	Conducting water quality
monitoring (e.g., to target
potential NPS projects)
•	Educating communities about NPS
pollution
•	Implementing NPS demonstration
projects
Competitive §319 grants (up to
$100,000 per project) support projects
that will directly protect or restore
water quality. Eligible activities include:
¦ Implementing on-the-ground best
management practices (BMPs)
•	Developing a watershed-based
plan to guide NPS management
efforts
•	Conducting water quality
monitoring (e.g., to assess project
effectiveness)
From 2013 to 2018, 60 different tribes
received a total of 160 competitive
grants. Using these funds, the tribes
addressed key pollutants, like sedi-
ment and nutrients, from a variety of
sources by implementing a range of
practices (Figure 3).
Competitive Grant-Funded Projects
(2013-2018)
Top pollution sources
addressed (# projects)
Hydromodification
Agriculture
Silviculture
Urban Runoff/Stormwater
Other NPS Pollution Sources
Construction
Land Disposal/Storage/Treatment
Top practices implemented (# projects)
I 80
Streambank protection
¦|[ 59
Riparian area restoration
mm
Wetland restoration

Exclusion fencing

Outreach and education
Top pollutants addressed (# projects)
| Sediment
| Nutrients
|Pathogens
[Temperature
Note: Numbers add up to more than 160 because many of the projects
use multiple practices to control more than one pollutant.
Source: USEPA Grants Reporting and Tracking System
Figure 3. Eligible tribes across the country used competitive §319 grants to address key
pollutants across multiple types of pollution sources using a variety of project types.
B

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Tribal Monpoint Source Programs— Working to solve water quality problems
Tribal NFS programs are protecting and improving
water quality and habitat
From the home of the Iroquois Longhouse on Onondaga Lake to the Seminoles' Ever-
glades, the Pueblo canyon washes, the Rancheria creeks of California, and the grand
rivers of the Great Plains and Northwest, water resources are central to Native American commu-
nities and their sense of place. NPS pollution, the predominant cause of water quality problems
in the United States, threatens the health of these water resources.3 With support from the CWA
§319 program, tribal NPS programs are working to protect and restore water quality. Their efforts
benefit communities that rely on water resources for sustenance and livelihood.
Pueblo of Santa Clara
In 2011 the Las Conchas Fire destroyed 65 percent of the Santa Clara watershed.
The flooding, fish mortality and erosion that followed prevented the Pueblo of Santa
Clara from using Santa Clara Creek water for cultural and traditional purposes. Using
the Federal Emergency Management Agency's (FEMA's) National Disaster Framework,
the Pueblo created a federally led Recovery Support Strategy that identified and prioritized
actions that could build resiliency to future flooding.
With these tools, the Pueblo leveraged federal and state
interagency partnerships and technical support. From
2014 to 2017, the Pueblo used competitive §319 funds to
install over 5,000 natural erosion control structures (i.e.,
rocks and fallen trees) in the tributaries and to educate
the tribe, schools and the surrounding community. Recent
monitoring shows that the stream is recovering, indicated
by the presence of macroinvertebrates and improved
water clarity and dissolved oxygen levels. "Technical
assistance, grant support and communication are vital for
documenting the benefits to the water quality," explained
Dino Chavarria, the Pueblo's Environmental Director. The
A member of the Pueblo of Santa Clara constructs a log mattress Pueblo is continuing restoration efforts with support
and log dam in one of the flood-eroded drainages in the fire-	from §319 and Other funds
damaged Santa Clara Creek watershed.
Staff Spotlight
Emily Luscombe, Coyote Valley Band
of Pomo Indians
Emily Luscombe collaborates with local tribes
and agencies to share skills and equipment to
reduce NPS pollution. The tribe is using both §319
base and competitive funding to support a long-term, multi-partner
cliff stabilization and erosion reduction project. "The §319 funding
is imperative for our watershed work," notes Luscombe. "Base
funding allows education and outreach and identification of needs.
Competitive funding is one of the only sources available to tribes for
implementation. Without §319, we wouldn't be able to pursue projects."

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Tribal Nonpoint Source Programs—Working to solve water quality problems
Staff Spotlights
Citizen Potawatomi Nation
Upper Skagit Indian Tribe
Years of dredging in Hansen Creek to try
to control flooding changed the creek and
created deep channels and accumulated
sediment that isolated the creek from its
historic floodplain, a dynamic alluvial fan, and
its surrounding wetlands. Over the past 10 years
the Upper Skagit Indian Tribe and its partners used §319 and other
funds to add over 100,000 native plants in riparian areas and add large
woody debris to reconnect the creek, with its surrounding ecosystem.
Additional §319 funds have supported almost a decade of monitoring.
Recent data show decreased turbidity and cooler waters, increasing
food resources, and better aquatic habitat that supports healthier
adult populations of steelhead and salmon. Downstream landowners
are also reporting an additional benefit: reduced flooding. The tribe
has deepened the community's connection to the creek by building
ecological awareness and stewardship through youth outreach, project
tours for community members, and educational signage.
Upper Skagit Indian Tribe youths participate in
stream restoration and monitoring efforts.
Team
Members of the CPN team
The Citizen Potawatomi Nation's (CRN's)
environmental staff is small in number but	^
large in versatility, covering water, solid waste
recycling, air, underground storage tanks, energy,
floodplain management, and roads issues for tribal lands.
"We're a team. We all wear many hats and pitch in to make our projects
work," explains Shawn Howard, CRN's Environmental Manager. CPN is
using §319 funds to help restore and expand a wetland system at the
confluence of two waterways, which will reduce flooding, treat NPS
pollution, provide wildlife habitat, add culturally significant plant life,
and provide an opportunity for NPS education.
Jeremy Freimund, Lummi Nation
Jeremy Freimund (1961-2017) was on the
Lummi Nation's environmental team for nearly
21 years. A true professional, he brought out
the best in everyone around him—from elected
leaders to technician-level staff. He guided development of the
Lummi Nation's Comprehensive Water Resources Management Program, which
addresses the tribe's management of NPS issues related to wellhead protection,
wetland and storm water management, and water quality standards. Among his
many accomplishments, Jeremy oversaw development of the first FEMA-approved
HS ¦ " tribal multi-hazard mitigation plan, the Lummi Nation Climate Change Mitigation
and Adaptation Plan, and the tribe's wetland and habitat mitigation bank—the
first tribal commercial mitigation bank in the US. Jeremy also advocated for the
tribe and its lands and treaty rights through oil spill response preparation, strategic energy planning, solid
waste planning and countless other efforts. "Although Jeremy is dearly missed by the Lummi Nation, he
left behind a legacy that we continue to advance in the continuing fight to protect tribal resources," notes
Merle Jefferson, Lummi Natural Resources Department Executive Director.
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Tribal Monpoint Source Programs— Working to solve water quality problems
: Tribes lead efforts to assess and prioritize NPS
pollution problems on their lands
To effectively address a problem, you need to understand its source. NPS pollution
often originates from multiple diffuse sources, both on and off tribal lands, within a
single watershed. Tribal programs collect water quality monitoring data, often supported by the
CWA §106 program, to understand the problem. Traditional Ecological Knowledge (TEK), which
is knowledge acquired by indigenous and local peoples through direct contact with the environ-
ment, complements water quality data in helping to understand and protect aquatic systems.
Tribal NPS programs synthesize this information to connect the dots between pollution sources,
water quality problems, and critical areas where management actions are needed.


Oneida Nation
Oneida Nation collects both water quality data and drone footage to help guide im-
plementation of conservation measures. For more than 10 years the Oneida Nation
has been controlling NPS pollution by establishing riparian buffers and installing
agricultural BMPs, Within the last 3 years, Oneida has worked with farmers to convert
more than 600 acres of cropland into pasture for rotational grazing. Oneida now uses drones
to efficiently survey its land to identify the presence of invasive species and identify NPS problems on
agricultural fields. Most of the Oneida land
lies within the Lower Fox River (LFR) basin,
which drains to Green Bay, the world's
largest freshwater estuary. Although
not legally obligated to comply with total
maximum daily load (TMDL) targets in place
for the LFR basin, Oneida has contributed
to the water quality improvement effort
by voluntarily reducing phosphorus loads
Oneida Nation has established vegetated buffers along waterways (left) and worksS to from . agricu|tura| ,ands and wastewater
educate its community members about the benefits of buffers and other BMPs (right).	°
treatment plant.
Dry Creek Rancheria Band of Pomo Indians
The Dry Creek Rancheria Band takes a watershed-based approach to addressing
NPS pollution on reservation land and beyond. The tribe created a watershed
management plan with the help of Bureau of Indian Affairs (B!A) funding, and
then used §319 funds to implement projects such as removing landslide debris
from Rancheria Creek to protect surface waters, enhance flows and improve habitat for
endangered steelhead and Coho salmon. The tribe proved
it could successfully complete a project, which made it
easier to obtain additional funding. The tribe joined the
Russian River Confluence Partnership, a collaboration of 26
government agencies and other stakeholders, and received
$4 million from the state of California by leveraging work
plans under CWA §319 and §106 grants. Subsequent
restoration efforts improved water quality and established
cooperative relationships. "Investing in the partnership
took time," explains Chris Ott, the tribe's Environmental
Director, "but issues are easier to resolve because people
The tribe used native plants from the tribe's nursery to restore a now know each Other."
section of the creek after a landslide.
6

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Tribal Nonpoint Source Programs—Working to solve water quality problems
): Tribal programs strategically target resources to solve
NPS pollution problems
Tribal NPS programs, often led by one dedicated staff person or a few dedicated staff
members, are responsible for managing NPS pollution on tribal lands that today range in
area from less than one square mile to more than 24,000 square miles.4 Consistent work—often
over long periods of time—is needed to achieve observable water quality improvements. Tribal
staff must be strategic in their targeting of limited resources and persistent in their efforts to
incrementally address NPS problems, often over multiple project phases supported by more than
one funding source, NPS management program plans serve as strategic roadmaps to prioritize
potential actions and target program resources.
Eastern Band of Cherokee Indians
In 2014 the Eastern Band of
Cherokee Indians (EBCI) opened
an ecofriendly native plant nursery
equipped with a rainwater harvesting
and irrigation system. The tribe raises
its own native plants (approximately
30 species of shrubs and trees) for riparian restoration and
reforestation efforts. The persistent hard work has paid off.
To date, EBCI has grown and incorporated almost 100,000
nursery-grown plants in projects across the reservation,
including giving native fruit trees to tribal homeowners.
Using §319 base funding and tribal funding, EBCI continues
to improve the capacity and efficiency of the facility to meet
the increasing demand for native plants. Mike LaVoie, EBCI
Natural Resources Manager, notes "the project has been
a great tool to help us develop partnerships and conduct
outreach activities."
EBCI members and partners
celebrated the opening of the
tribe's new greenhouse (top) with
a ribbon-cutting event (left).
Confederated Tribes of the Umatilla Indian Reservation
The Confederated Tribes of the Umatilla Indian Reservation (CTUiR) have made
continuous progress toward their restoration goals using a process-based approach
to management, which promotes the sustainability of First Foods resources such
as water, salmon, deer, cous (herb) and huckleberry. CTUIR are currently working to
restore floodplain function to more than 8 miles of Meacham Creek. With multiple phases
supported by §319 funding and a variety of other sources (e.g., Bonneville Power Administration), CTUIR
restored channel connectivity and habitat by removing
over 3 miles of railroad levees, constructing and
reconnecting over 5 miles of channel, adding more than
3,500 pieces of wood, and replacing invasive vegetation
with native plants. CTUIR have measured changes in
stream channel function and habitat, groundwater
levels, and water temperatures that benefit native fish
populations, beavers, and plant communities. Rick
Christian, CTUIR Project Manager, notes "restoration
efforts will help reduce threats from changing climate
CTUIR is restoring floodplain function along Meacham Creek.	anc' protect the tribes future subsistence.

7

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Tribal Monpoint Source Programs— Working to solve water quality problems
4Tribal NPS programs play a unique role in their
community and watershed
Tribal NPS programs are staffed by professionals who work to integrate NPS water
quality concerns within tribal communities and culture. Some tribal NPS coordinators
are members of the tribes they work for, while others are members of another tribe or are a
nonmember working for their tribe. In all cases, tribal staff develop an intimate knowledge of
local water resources, the surrounding watersheds and the needs of the local community. Their
days are filled with diverse activities, from assessing waters to educating local and neighboring
communities about NPS pollution or implementing on-the-ground projects to protect and restore
water quality. This network of tribal NPS coordinators serves as a critical link to regional and
national clean water efforts.
Melding function and culture, PMC incorporated a
medicine wheel design into a stormwater BMP.
Prairie Island Indian Community
Most of the Prairie Island Indian
Community's (PilCs) approximately
3,000 acres of land are on Prairie Island
on the Mississippi River, about 40 miles
downstream of Minneapolis, Minnesota. NPS
pollution from upstream urban areas can affect the
island and its underlying water table. Using both §319 competitive
funding and other resources, PMC has implemented restoration
projects in highly visible areas that address NPS pollution while
also educating visitors. Projects have included restoring the
banks of the Mississippi River as well as adding rain gardens,
stormwater management practices, and native plants that filter
pollutants, inhibit erosion and restore pollinator habitats. Signs
installed at project sites educate locals and the more than 1
million people who visit PIIC's resort and casino annually.
Dan (above) manages the tribe's
water program. He defines the
problems, identifies how the
problems fit into the tribe's overall
efforts to protect water quality, and
writes the reports.
Staff Spotlights
Dan Kusnierz and Jason Mitchell,
Penobscot Indian Nation
The Penobscot Indian Nation's Dan Kusnierz and Jason
Mitchell are an effective team. Together they've received 10
competitive §319 grants to support NPS projects such as stabilizing eroding
" stream banks, building bridges, and relocating
all-terrain vehicle trails to less-sensitive areas.
They've hosted outreach workshops for
children and adults on- and off-reservation,
and they've trained road crews on BMP use.
Jason (left) is the tribe's NPS coordinator and a tribal
member. He does the on-the-ground work like selecting
project BMPs, hiring contractors, and overseeing project
implementation and monitoring. Homeowners look to
Jason to identify solutions that are minimally intrusive and
compatible with how they want to use their property.
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Tribal Nonpoint Source Programs—Working to solve water quality problems
Staff Spotlight
Carey Pauquette, Saginaw Chippewa Tribe
Carey Pauquette, Environmental Manager
for the Saginaw Chippewa Tribe, promotes
collaboration with local partners and has built
tribal capacity by recruiting interns, volunteers, and
additional tribal water staff. She used CWA §106 funding to develop a
NFS management plan that allows her to leverage additional funding to
benefit the tribe's projects, which include erosion control, an agriculture
biofilter and floodplain enhancement. Local governments often refer to the
tribe's NPS management plan as a baseline resource when environmental
problems arise. Project partners view Carey and her team as local experts
who can provide advice and technical assistance on issues such as soil
erosion, water quality, land improvements and BMPs.
Hopi Tribe is restoring culturally
important springs such as
Toreva Spring, seen after
recent restoration efforts were
completed in 2019 (top photo)
and during a flute ceremony
in 1905 (bottom left photo).
Tribal members are using
traditional Hopi stonework
methods (bottom right photo)
during building projects, which
ensures transfer of knowledge
and respect of Hopi culture.
Hlopl Tribe
/ 7X I- j'V~*£sa jatdx
To the Hopi, "water is life." Because
local springs are an integral part	/
of tribal culture—supporting tribal
ceremonies, nurturing growth of traditional
plants, and providing water for food sources
such as cattle—the tribe is using §319 funds to restore spring
water quality impacted by livestock and other animals, exotic
vegetation and other nonpoint sources. Members of the Hopi
Tribe belong to one of 20 clans and live within a collection of
12 self-governed villages that comprise the Hopi Reservation.
Each village is led by a chief and spiritual leader, known as
the Kikmongwi, who is the key to communication within and
across villages. Hopi's Water Resources Program staff work
closely with the Kikmongwi when planning spring restoration
projects. According to Albert Silas, the tribe's NPS coordinator
and a Hopi Tribal member, "Everything in the Hopi culture is
tied to water, i often speak with elders in our native language
to communicate the goals of a project." During restoration
work, Water Resources Program staff hire experienced
masons to train tribal members to build using traditional Hopi
stonework techniques. Hopi's NPS program has worked with
local communities to successfully restore three springs over
the past 5 years.
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Tribal Monpoint Source Programs— Working to solve water quality problems
Tribes build partnerships to address NPS pollution
Partnerships are often pivotal to the success of tribal NPS programs. Although jurisdic-
tional and other issues can sometimes create hurdles, tribal staff form partnerships
across tribal departments and with external agencies and organizations to collabora-
tively manage NPS pollution at the watershed scale. Federal agencies provide technical and other
forms of support. Tribal programs also enlist the support of various agencies from state and local
governments, universities, nonprofit organizations and private businesses.
Houlton Band of Maliseet Indians
For over two decades, the Houlton Band of Maliseet Indians (HBMI) has worked to
improve water quality in the Meduxnekeag River, which runs through HBMI lands, as
well as parts of the United States and Canada. Participating in a diverse international
partnership has allowed HBMI to receive and leverage grants to complete BMP imple-
mentation projects and outreach in this
transboundary watershed. Each partner brings tools to
the table. For example, the Southern Aroostook Soil and
Water Conservation District provides technical assis-
tance and a connection to landowners. The Maine
Department of Environmental Protection offers state
and federal funding and monitoring resources. The
Natural Resources Conservation Service (NRCS) offers
technical assistance and Farm Bill funding. The tribe
conducts monitoring, offers a connection to tribal
landowners and secures federal funds. Other partners
include nongovernmental organizations, Maliseet First
Nations in Canada, and U.S. and Canadian environmen-
tal protection agencies. The key to their successful
hbmi and their partners conduct research to evaluate the	collaboration is consistent face-to-face meetings wl iere
effectiveness of biochar applications to improve soil quality and	they share data and information, conduct planning,
reduce erosion on active potato fields.	write grants and supp0rt one another.
Southern Ute Tribe
The Southern Ute Tribe's reservation covers more than 1,000 square miles in arid
Southwest Colorado. Increased irrigation flows from agricultural lands have eroded
ephemeral stream channels, sending
sediment downstream. Fortunately, the
tribe benefits from a close partnership
with NRCS that encourages
collaboration between tribal agricultural landowners, the tribal
government, and an on-site NRCS liaison. The tribe uses its
§319 funds for stream restoration projects and leverages NRCS
Environmental Quality Incentive Program (EQIP) dollars and
NRCS cost-share to install BMPs that reduce NPS pollution and
irrigation flows while providing financial incentives to farmers
(e.g., savings on water bills). This cooperative, watershed-scale
approach has helped the tribe secure project funding from new
sources, such as a recent stream restoration project grant from
Colorado Parks and Wildlife to protect the endangered New
Mexico jumping mouse.
Southern Ute tribal member operates a 5319 funded gated
pipe to increase irrigation water efficiency and reduce NPS
pollution that reaches local waters.
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Tribal Nonpoint Source Programs—Working to solve water quality problems
White Mountain Apache Tribe
Historical hydrologic modifications and ongoing erosion and nutrient enrichment
have degraded the North Fork White River, which provides drinking water and
has cultural, ecological and religious significance for the White Mountain Apache
Tribe. In July 2017, with the help of $100,000 in §319 competitive grant funding, the
White Mountain Apache Tribe completed a livestock exclusion fencing and stream
stabilization project
along the North Fork White River. Multiple tribal
departments worked with the NRCS, U.S. Army
Corps of Engineers, U.S. Fish and Wildlife Service,
BIA, local landowners and others to plan, design,
fund, and implement projects and perform biologic
monitoring to assess restoration progress. To
minimize disturbance to sensitive species, the tribe
successfully completed construction in a mere 6
weeks. After construction, the tribe received support
from CWA §319 and §106, NRCS EQIP, and the White
Mountain Apache Land Restoration Fund to develop
a monitoring plan and continue restoration efforts.
This project, which took 6 years of planning and
collaboration, improved a valuable water resource
and helped build tribal capacity.
Members of the White Mountain Apache Tribe work to restore a
streambank aiong the North White Mountain River.
Harmful algal blooms (HABs) are
overgrowths of algae in water,
influenced by nutrient pollution, that
can impair water quality and produce
toxins that are dangerous to people and
animals. Documenting the frequency and
severity of HABs is critical in protecting community health, as
well as developing strategies to address the causes of these
events. In 2017, the Kickapoo Tribe in Kansas coordinated with
technical staff from EPA Region 7 and the state of Kansas to
improve communication about HABs in the Delaware River,
the tribe's drinking water source. Kickapoo Environmental
Department staff, with analytical support from EPA Region
7's Mobile Lab, monitored water quality for indicators of
HABs. When HABs were observed, the tribe implemented
a communications plan to alert downstream watershed
partners, including the tribe's drinking water plant and Kansas
	 Department of Health
and Environment water
quality staff. The tribe's
efforts demonstrated a
communications plan model
that could be adaptable
for any small community
addressing HABs or other
	 source water protection
A Kickapoo Tribe scientist joins EPA Region issues.
7 scientists to learn HABs monitoring and
sampling techniques.
Kickapoo Tribe in Kansas
Through the EPA/State HABs Workgroup, EPA scientists
helped facilitate communication between the Kickapoo
Tribe and Kansas. The partners shared data and photos of
the Delaware River cyanobacteria bloom and observations
on the river south of the tribal lands.
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Tribal Monpoint Source Programs— Working to solve water quality problems
b Tribal programs face unique challenges
Tribal NPS programs face unique challenges in their efforts to manage NPS pollution.
Many programs work within overburdened communities where competing needs
put stress on limited available resources.5 For example, according to data from
the Indian Health Service, 48 percent of all homes on tribal land lack access to adequate
drinking water, sewage or solid waste disposal facilities.6 Today's tribal land areas often follow
complex landownership patterns that complicate watershed-based approaches to managing
NPS pollution. Plus, the often limited number and frequent turnover of environmental staff
emphasizes the need for effective planning to ensure continuity and growth. Tribal staff
demonstrate creativity and perseverance in the face of such challenges.
Flathead Lake
Flathead Indian
Reservation
Confederated Salish and Kootenai Tribes
Spanning 197 square miles across
both state and tribal lands,
Flathead Lake is the largest natural
freshwater lake west of the
Mississippi River.
The Confederated Salish and Kootenai Tribes (Tribes)
and the state of Montana own portions of Flathead Lake.
The Tribes have worked to protect this transboundary
resource, relying on §319 funding to implement 10 NPS
control projects. NPS funds have also
supported projects like the Tribes'
annual River Honoring outreach event,
where professionals teach students
about water issues such as the invasive
zebra mussels, which have appeared in
nearby waters. Determined to prevent
an invasion in Flathead Lake, the Tribes
have worked with Montana to develop
a boat inspection program and recently
hired an invasive species program
manager to partner with other agencies.
The Confederated Salish and Kootenai Tribes conduct
an annual River Honoring event for students.
Fond du Lac Band of Lake Superior Chippewa
The Fond du Lac Band reservation lies almost entirely within the St. Louis River
watershed, which drains 2.4 million acres and empties into Lake Superior. According
to the Band's assessments, off-reservation mercury pollution from point and
nonpoint sources challenge the tribe's ability to protect water quality on tribal lands
and have prompted widespread restrictions on traditional sustenance fish consumption.
One such source is nearby legacy and active taconite (low-grade iron ore) mining. The
^	,y -J3B tribe uses §319 funding to conduct studies to document mercury
presence in tribal waters and to assess contributing sources. The
tribe's environmental program also works to educate tribal members
B	y- and the surrounding communities about fish advisories and the
harmful effects of mercury and other mining-related pollutants on
the environment. Growing the technical capacity of water resource
staff is supporting NPS management efforts and enabling more
meaningful tribal participation in National Environmental Policy
Act and other federal water quality actions that affect mine-related
pollution. This issue continues to bring the tribe together as a
community and a culture.
The Fond du Lac Band studies pollution on tribal
lands from non-tribal sources.
12

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Tribal Nonpoint Source Programs—Working to solve water quality problems
Acknowledgments
The U.S. Environmental Protection Agency's Office of Water would like to thank the many people who
supported this report through direct contribution and their ongoing work in nonpoint source programs:
1.	The nine ecoregions represented in Figure 2 are aggregations of EPA Level III ecoregions delineated
for EPA's National Aquatic Resource Surveys. These ecoregions have not been delineated for Alaska
or Hawaii. For more information on delineation methods, see Herlihy, A.T., Paulson, S.G., Van Sickle,
J., Stoddard, J.L., Hawkins, C.P., and Yuan, L.L. 2008. Striving for consistency in a national assessment:
the challenges of applying a reference-condition approach at a continental scale. Journal of the North
American Benthological Society 27(4):860-877.
2.	Tribal land areas based on EPA's Tribal Areas geospatial data layer (published July 2018), which
represents locations of American Indian Tribal lands in the lower 48 states. The areas include all lands
associated with federally recognized tribal entities: Federally Recognized Reservations, Off-Reservation
Trust Lands, and Census Oklahoma Tribal Statistical Areas. Accessed November 2018.
https://edg.epa.gov/data/Public/OEI/OIAA/Tribes/EPAtribes.zip.
3.	National Nonpoint Source Program Highlights Report (October 2016, EPA 814-R-16-009).
https://www.epa.gov/sites/production/files/2016-10/documents/nps_program_highlights_report-508.pdf.
4.	Tribal land areas based on EPA's Tribal Areas geospatial data layer (published July 2018), Accessed
November 2018. https://edg.epa.gov/data/Public/OEI/OIAA/Tribes/EPAtribes.zip.
5.	The EPA Policy on Environmental Justice for Working with Federally Recognized Tribes and Indigenous Peoples
(July 2014) defines overburdened communities as "Communities or populations, including minority,
low-income, tribal, and indigenous, in the United States that potentially experience disproportionate
environmental harms and risks as a result of greater vulnerability to environmental hazards."
6.	Department of Health and Human Services, Indian Health Service Fiscal Year 2017Justification
of Estimates for Appropriations Committees. Accessed April 2019. https://www.ihs.gov/sites/
budgetformulation/themes/responsive2017/documents/FY2017CongressionalJustification.pdf.
Dino Chavarria, Pueblo of Santa Clara
Rick Christian, Confederated Tribes of the
Umatilla Indian Reservation
Javis Davis, White Mountain Apache Tribe
James Duffield, Hopi Tribe
Lisa Hainey, Upper Skagit Indian Tribe
Curtis Hartenstine, Southern Ute Tribe
Shawn Howard, Citizen Potawatomi Nation
Wes Johnson, Oneida Nation
Kara Kuhlman, Lummi Nation
Dan Kusnierz, Penobscot Indian Nation
Mike LaVoie, Eastern Band of Cherokee Indians
Emily Luscombe, Coyote Valley Band of Pomo
Indians
Chauncey Means, Confederated Salish and
Kootenai Tribes
Jason Mitchell, Penobscot Indian Nation
Gabriel Miller and Peggy Obear, Prairie Island
Indian Community
Chris Ott, Dry Creek Rancheria Band of Pomo
Indians
Carey Pauquette, Saginaw Chippewa Tribe
Nancy Schuldt, Fond du Lac Band of Lake Superior
Chippewa
Natalie Shahbol, Oak Ridge Institute for Science
and Education (ORISE) Fellow
Eric Sheets, Kickapoo Tribe in Kansas
Sharri Venno, Houlton Band of Maliseet Indians
Endnotes
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_So_	Aohkff(yi)
— BLACKFOOT —
Mahpe
— CHEYENNE —
'Samaqan
— PASSAMAQUODDY-MALISEET —
Kuuyi
Kwaiya
quileute Ohnekanus
— ONEIDA—
HOPI
Mini	Paya
Nipi
MIAMI/ILLINOIS
— LAKOTA/DAKOTA—
— PAIUTE —
Yanhi	KikV
Nepi
— KICKAPOO —
— CATAWBA —
SOUTHERN SIERRA MIWOK
A-ma
— CHEROKEE—
Water
Oka
— CHOCTAW—

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